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HomeMy WebLinkAbout4702A666-7-7; -67 .__ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, DETERMINATION OCTOBER 14, 1999 Appl. No. 4702 - DAN AND MADELINE ABBOTT 1000-37-4-14 & 15 Location of Property: 355 and 435 Pine Place, East Marion Date of Hearing: June 24, 1999; July 22, 1999; September 30, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS: The subject property (referred to here as Lot 14) is a vacant parcel on the north side of Pine Place in East Marion. It contains 9216.5 sq. ft. according to a survey dated March 18, 1999 by Joseph Ingegno, L.S. The property with which Lot 14 is deemed merged is SCTM 1000-37-4-15 (Lot 15), which is located immediately east of Lot 14, contains 9170.2 sq. ft. and is improved with a single-family house. BASIS FOR APPEAL: The Building Inspector's February 11, 1999 Notice of Disapproval states that "Pursuant to Article II, Section 100-25A, parcels have merged being held in common ownership at any time since July 1, 1983." RELIEF REQUESTED: Applicant requests a waiver of merger for Lot 14, pursuant to section 100-26 of the Code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant and his late wife purchased Lot 15 in 1953 and Lot 14 in 1958. The tax stamps on the deeds indicate the purchase prices were $3850 and $4400 respectively. (2) From the time of purchase, each lot was held in the names, each lot was held in the names of both husband and wife, and there was no attempt to establish separate ownership. Because Lots 14 and 15 are both nonconforming in size, they merged pursuant to Section 100-25 of the Code. Applicant now wishes to sell the property on the basis that Lots 14 and 15 are separate parcels and that Lot 14 is legally buildable (assuming applicable setback and other requirements can be met). (3) Applicant presented testimony from a real estate broker that the property was to have been offered at about $495,000 on the basis that Lot 14 is buildable, but that if the Lots remain merged the market price could be on the order of $100,000 less. However, this testimony must be judged in light of the total original purchase price of Page 2 - October 14, 1999 Appl. No. 4702 - D. and M. Abbott (1000-37-4-14 + 15) Southold Town Board of Appeals $8250 for the two lots, which means that applicant has a capital gain of near $400,000 even if the Lots remain merged. (4) Lots 14 and 15 give the appearance of being a single property of nearly a half acre in size. Waiver of the merger would allow the construction of a home on Lot 14, adding to the crowdedness of an already crowded neighborhood. (5) Although there are lots in Gardiners Bay Estates that are of similar size to Lot 14, many lots in the neighborhood are larger. The requested Waiver would recognize a lot that, on balance, is small relative to properties in the neighborhood. (6) The surface contours of Lot 14 are significantly irregular, with a substantial slope toward the west, and it appears that construction on it would require significant change in the natural details, character and contours of the land. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to DENY the requested waiver. VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent during this resolution.) This latt n as (4-0). GERARD P. GOEHRI GER CHAIRMAN For Filing about 10/20/99 ✓ ------------ RECEIVED AND FILED BY THE SOUT11OLD TOV111 CLERK DATE/i9�siF:OU i®ij Pa r Tov:n Clerk, Town of Building Permit No. ,18782, U JJW..,,�.I - tion ; I00.3iIA.3. based ; • Orchard Street, Qdt:nt •Parce,;,Nps. Jute 244-- .W Butldmg' 4000.25 220:1 and, :191 U U* a C .. 'H4tice A� Dom= `- .appeal• is based'itpbn the July°,28 Pr4tiXa!,' for approval of the lova- 1999 Notice.issued by the Butldin y t p a(t !'as;built"addition. with Department, disapproving aqg&ppb , in ,etuxss_.of the 209'0 cation " for'- a Certificate 7" of rR+:liwifatioa and with a:�earyard Occupancy, fiou.the• following, rea-4% attest.thau the.cbde requirement-of ,= sons: 50 [vett Location. of l?rgperty 5035 "Swimming pool : or tCpnts lhalcBay Bouiv ,1dY,R court incidental to the residential' X k?J;•2} r use of the premises and not open ` �3Q ; p.m,Appt No. 4746 — aced for gain "subjeet33parce L)1lER!r7 KRU1P$KL I is is-�a does not contain- a teal reser request for a Variancd ttpdeArttcle deotial use: Ort rtmt for III, SePtign lOf�33$ ba Pont .� Pool" (#18782) was issued based + Augu;t"•'+ '24,' 19961 uildmg upon a surveyslicatigg that the " gt�lJtcr :of I]4s lo; had been'ttler$ed wath .the ppl 'a Or iota neighboring residential lot theSF , "�- lots were separated by.-ZBA; tp iopylretu;�t 1t Appealr #2104 date8'<Marcd 26, Wau �`c"u1jre4e -'9f threat .. 1976 and, have trot nggt ed ". (3) f"Q*Atim of ftoWy 36M . 6:45 p m : Apel N9tt 4740 C.R,' 4& (Norte Roa4j,Southo GEORGE and JEA(Y -BRAUN NY,} ThWs is a request basedf'upon' lig =' ? p�AttDtw$t on fro r .July 22, 1999-13wtding .lnspector� - prtniingsJ, ,", � .' •„ i Notice of DtsaFprpval, for' � Ap�a�Alo 4685*--?YIIVCENTi Variance"°under'''Article .III-A,- "IIOR Fx„"Ihts is .tr request for al Section i00-30A 4 Ipr apprbygl Qta 1tA¢er`Zoning `".Code side yard location°oI tl� exis�ng-;. te�..1�0�,F1r(cl�.•,�Ar" Sgction accessory B+Ueg Niue Ilttpto• igber posed construction of an-tt4hhttot.to` ,:o isapproval--------------- ` dwellin Existin arae is " cur- u ' g g garage plated, Jaduarl 27,'1999) regar_d.: rently`in the rear"`y ard��lopatedaat 2005' Bay. Shore Road; Green tI, NY; Parcel No. 1000-534-llca{ �Sppllcant's 6:5,0 p m : Appt. N 4741 rT '►dPProved- CHRISTOPHER �Et1l ERY n Wetsui reels and a Appi>Fant's r@gtet lof , is 1 aYl ubhc, vtgwut tut the -based' upon `the Atlgus 99��ding�sttcttapermttted Notice' of Disapprgval fid. tlrtidce fuse . ®-1'0; J.ocation of'' XXIII, Section"100-239.4kl, fora ;Prgp �'Avenue,l proposed location of 4q accessory 1 Mattituck; Parcel'No: (100-120-3-1. swimming pool itt the.tear• yg1j:.with r *:4Th Bilard of �A►ppe'aisavill at said a setback of less than 30616d frour k"time aikiplace hear•any and all per-'G the top of the hluti o{ hl1Ak of: the �sontf�.pr npresentativmdesrnng to, . Long 7Istand Sound w;Location ; of be the l Ye pplication(s) Property+: 2735 Spundviex; Avenug, : or x : - ubmtt written statements Mattituck NY 'Parcel lj {000-94- fbefotZUncludutg the hearing. Each; 1-13. = =•x. °a - ^=-hearing-will not- start earlier than 6:55 p.m. Appl. No. 4742-SE — designated Files are. available for MARY ELLEN WHITTET {regular, Town Hall THOMSON.pphcant ;requests a 4b u�r Oktrs(8 p m )f you Special Exception under;Article W. ltavg"questions, please do hot. hesi- Section 100=31B(13)for-approval.oft� to to.caR{SIb) 76S 18Q9 . "as built' Aecssory �atipenttlst use used.'in conlugc4ou 1, ph t 1(<rQRMP OF THE , cant-owger's occltpatt the QL TMQLD-TOWN dwelling located 8t b7,39 j'l o „'°B ARl7'OPAPFEALSt. Bay Boulevard, Laurel; itl Parcel P GOEHRINGE113- 1000-.128-2 3 , �. 7:05 p m.. App! Na X4743 r . � " BY Lin q�elalski RAYNOR SUTER HARDWARE, f,121TS2= INC Applicantregtli Variance; under `Article _,1X, Section 410042,1 NQTICB Q� �;`�li the .. Building{, sa UBI iriBARi11l 1peparlmenis Augua s ,1999 Notace oL Ptsapprov f .a pto-y p� ' hosed aitecrlW9 o . sewn `floor [ori THURSDA.'( ice iodic) at =, ._ SEPTEMBER 16,1999 320: 4oy ane: Majtlt , NY :.: STATE OF NEW YORK) Parcel 1000-140 3 3 4 The reason titsuant to, 5 cpyott 2b o tha T6,fi ated itr the Notice of Disapproval 'k )SS: w and the Code �pfi o o O OF SUFFOLK) '� { A i "Pt'o sed alteration of second Slouthgc d;;he Cq} W_4i9p�apons Pq '- be .held CS%i pablic be, {e ; ewe-t`E��l�r� R 2 6 i99> • • L�.� `f boa. « APPLICATION FOR WAIVER UNDER SECTION 100-26 / ToWhOe*e8l3tfEnihs for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: The size requirement for this zone is: square feet per parcel. County Tax Map Parcel Nos: 1000 37 - 4 - 14 & 15 I (we), DAN A. ABBOTT , 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. 5. $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. (Applicant and Owner) (Applicant and Owner) Sworn to before me this p 2 -7 � day no fjrr / , 19 / 9. 0#041 mwww Notary Public /OM A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application (to continue on next page). APPLICANT'S REASON #2: APPLICANT'S REASON #2: um MWMMt�MI #-A MN►'Mll�w m (PLEAS � IM� -f needed.) Iu.i J sE'rs or'.Pt..�rls........ �T. + y , �I,� 1 UTLIOLD �' SURVEY i, �C /'i�347tW- N(, C))` AnTMENT CHECi: ...... . .......... . • � -I ()PN iALL SEPTIC Foltil ............ Lb, .Y. 11971 TOWN OF SOUTHOCm .: 7 •100 2 11 o T I i� Y ; CAL1. ................. < 19. iIAIL To: n .................. Approved ................. 19 ... l'emill No............ ...... _ .......... • Disapproveda/c ..................................... - .................................................. ......................... (Ititilding Inspector) AN LICATION x011 BUILUIN(3 PEIIMI'r Dale .... December, .14,,, 1998. INSTRUCHONS n. This applicnlion must be completely filled ht by lypewiIter or fit ink nitd submllled to Ilia 1)u11(ling Inspector, will' sets of pians, nccrirnle plot plan to scale. [gee accoiditig to schedule. b. Plot plan showhig location of lot 111(1 of buildings on premises, relationship to acljohthig premises or public slrec or mens, and giving n detailed description of Inyout of properly niust be drawn on (lie dingrant which is part of this npl- cnlian. c. The work covered by (itis applicnlion nily not be commenced before issuance of Building Perin((. d. Upon approval of tills applicnlion, the Buiidhig hispeclor will issued a Buildhig Permit to (he applicant. Such peril shall be kept on (he premises available for fnspeclioii lluoughout (he work. e. No building shall be occupied or used in whole or in pnr( for any purpose wlinlever until a Certificate of Occupnn shell have been grn11(ed by the I)ulldhig Inspector. AITL.ICATION IS IIi?Itl?I)Y MADE to the lluildint, Department for (lie issuance of n Building Permit pursulnt to l Buildhig Zoite Ordinance of (he 'Town of Sowhold, Stilfulk County, New York, 811(1 other applicable Laws, Ordinnnces Reguinlioiis, for the conslrucllon of buildings, nddl(ions or nherntions, or for removnl or demolition, as herein describe The applicnnl agrees (o comply will, nil applicable laws, ordinances, building code, housing code, and regulnlions, and ldnift aulhoiized hispec(ors on premises and in building fur neceseal�nii,,sYillc its. Lam gy; ••• Eugene ,R,,Barnoslcy, ( 11 ignatu of pplicant, r tame, if a corpornlion) 534 Broadhollow R d, CS 9034 Melyiller NY 1174 -9034 ................ (Mailing address of 8pplicniit) Slade whether applicant is owner, lessee, lgenl, suc:hilecl, enl,ineer, general contractor, electrician, pliunber or lriiildc Applicant is attorney for owner........................................................... Naitie of owiier of premises , Dan A, Abbott and Madeline A. Abbott . _ . • . . . . . . . . . .............. . (ns oil (lie lax loll or latest deed) If applicant is it corpornlion, signature of duly authorized officer. NIA.......................................... _ (Name n11d title of corporate officer) 13taildei's Lic:eiise No . ......................... 11Itiiiiber's License No . ........................ I-lec;tiicinn's License No . ...................... 011ier Trade's License No . ..................... 1. L,ocllion of lend on which proposed work will be done ............................... . Pine Place, Gardiner's Bay Estates, East Marion .................................. Ilutrse Nunibei........................ Street Ilnmlel 4 l..ols County "I'nx Map No. 1000O Section...... 37 ............ Block .... ............. ,14 and .15).. . "Map of Section Two—Lot 143 and 144 Subdivision. . Gardiner's Bay gqt At will ............ idled Map No. 2 .. , , , , ... (Nnnte) 2. Slnie existing use and occupancy of premises n11d intii use wid occupnncy of proposed coils( ruclion: n. I;xisliiig Ilse nri(I occtrltlrtcy One Family Residential . . . . . .................. . b. Irilericled Ilse 011(1 occitlilricy Apply for waiver of merger of the two (2) lot11.K1s . . . . . ....... . t�tJ'Alra�.�1 71la WA 74 u ! t;; i Z ,�►_,i#•,14�[1MlYlN: aovy"iii; .IVA VVMW t WAIA 3. Nal((re ol- work check ( will" applicable "I'► Repair ....... ): New Ilulldln8 .......... Addi • • .... Removal klol► • • • • • • Alleration • ()C11Li�ilY} 1 JC.i.`r OIIICf ........... Work AWy. fol `I• Estimated Cost ........... of merger (I)escrl ...... -..� plion, I"ec . W, QQ .... . 5. If (1welling, ""'fiber of dwelling unlls .... 1 (to be pall on filing tills applicatlon) II gafilge, number of cars ....... Ntmil)er of dwclling ,,,its on elicit floor . 6. If business, con►meicial or nixed occti pane I Y, • :cify "a"lle ""I exlenl of each (ype of lise , N/A 7. I)intensiolis of existing sln►ctures, if any: i:rc. tel81►I ............... NI►I►►I,e ............... Maar ....... .................. . l)lnie"sions o..... s... r of Stoll .... .. . • • .... Depth lure with aIle' is or addili Depth .. . [('III ............................ . 8. Din►ensions of el►Ille new Coll Ileighl ............. Rear .......... ... . onslruclloo: I'►onl Number of Slorles ..... . 9. Size of lot: front Number of Slorlcs .. ear ............... Depth .............. . Ip. Dale of 1'lirclirlsc .Tax .LQt .1�->,/.z/.5,3 ... Rear ......... . I. x .>♦ctt; A4- /.tQ/.58 N,11►►e c,t •,.......... • ei)lll Lona or use (llslricl in which prelnlses cue silualed .Zoned .$.40 f:ari"cr Owner TAX. �,pt,15-Gardin>?x'$, Bay 12. Does Proposed conslnlc(lon violate an 13. Will lot be fe � Y zoning law, orcllnai►ce or reeulalion: , • Tax• )rotl4-Thornhill bladed && 14. Nal►►e of Owner of prelnlses ,Daniel Abbott Will excess fill be re►►loved ffoll► Prell►Iscs: Alexand�a Name of Arclillecl .... Address ... es No Name of Cocl(rliclor .......................... Address ................ Phone No............ . 5. ................... . Address ....... I'llone No. . is tills property wlthln 300 feel' of n Liclal wetln '(I . Phone No. *!f yes, SouL-hol(I 'I'utvn 'I'rudlees 7 *Yes. ., • No• t erml L luny be required. PLOT I)IA(MAM Locale deafly and PLOT all buildings, whelher exlsling or proposed, nncl. 1roperly lines. Give street and block nun►bcr or description nccordin8 to deed, and show street names In(Ilstre all setback dlmenslons from Merior or corner lot. and In(Ilcate whether N C 0 a�( G �P DAN A a _^ moo •cc tiIADELINE,,,G- (4EEB OTT 'ATE OF NEW YORK )UN`l'Y OR .. $tjFMi S.S EUGENE R. BARNOSKY uve nun►ed. (Name of Individual si8nin8 conlracl) ... ' ' ' ' ' ' ' bel►i8 duly sworn, deposes and says (lint he Is the nppllcanl is (Ile , attorney sold p1VI1Cl' of OWIICIS, still is duly a(('o"(Iaclol-, a8en(, corParnle officer, etc. . ufhofized to Perform or have performed (he still, Plicalion; Ilial all s(alenienls conlahle(I In Ihls applicalion are work and true to lite best of his knowled e "k will be perfornled In the manlier set forth hl the appllcallol► tiled therewith, to crake and file flus vorn to before lite this g and ballet; rind Ilial file R�............ of. . D.e.cemb.e.r........... 1 19 98. 4111-y Public . ............. Na 5 sc—tU 1Mt�A 0100=.. 100 r.�O ' ' ........`...... Col1nty 111110111111111MMASTATE LW M I QUALMW IN MAWAU �Mi laadxcee�GEUGENE R. BARNOSK . OMMISSION mAvW�84suo Y (SiBnnllireofapplicant) 05 OWN OF SOUTHOLDSROPERTY RECORD CARD E% J--- 1 te"4 '-< ' OWNER STREET L�/ 5' VILLAGE DIST. SUB. LOT SSL a v Q C FORMER OWNER N E ACR- S W TYPE OF BUILDING RES./0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE,, REMARKS o- f AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Vclue FRONTAGE ON WATER C, lee Tillable Woodland FRONTAGE ON ROAD f ,. 7 - Meadowland DEPTH J House Piot BULKHEAD Total � � �` _----A DOCK d ik' .. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Vclue Acre Tillable Woodland Meadowland House Plot Total ..... . ---- -- ----- ------- >4j FRONTAGE ON WATER ez0 T FRON AGE ON ROAD 7 DEPTH 6 BULKHEAD DOCK *OWN OF SOUTHOLD%ROPERTY RECORD CARD OWNER STREET VILLAGE SUB. 3 FORMER OWNER N gDST E �/6S W PE OF BUILDING ;I RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AllC /013017f AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Vclue Acre Tillable Woodland Meadowland House Plot Total ..... . ---- -- ----- ------- >4j FRONTAGE ON WATER ez0 T FRON AGE ON ROAD 7 DEPTH 6 BULKHEAD DOCK COLOR TRIM i I I I l � i I I — I , , I M. Bldg. � Extension Extension Extension Foundation Both Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway I Fire Place Heat DR. Garage I Type Roof Rooms lst Floor i BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total i APPEALS BOARD MEMBERS 0 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD October 19, 1999 Eugene Barnosky, Esq. Lamb & Barnosky 534 Broadhollow Road - CS9034 Melville, NY 11747-2309 Re: Appl. No. 4702 - Abbott Property Dear Mr. Barnosky: Enclosed please find a copy of the Appeals Board's determination rendered October 14, 1999. A copy has also been furnished to the Building Department for their permanent recordkeeping. Very truly yours, /G&ERARVP.GOEHRINGE��D CHAIRMAN Enclosure Copy of Decision to: Building Department Southold Town Hall 1 O�OSUfFO��COG- h� yam► 53095 Main Road P.O. Box 1179 W = Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 19, 1999 Eugene Barnosky, Esq. Lamb & Barnosky 534 Broadhollow Road - CS9034 Melville, NY 11747-2309 Re: Appl. No. 4702 - Abbott Property Dear Mr. Barnosky: Enclosed please find a copy of the Appeals Board's determination rendered October 14, 1999. A copy has also been furnished to the Building Department for their permanent recordkeeping. Very truly yours, /G&ERARVP.GOEHRINGE��D CHAIRMAN Enclosure Copy of Decision to: Building Department BOARD OF APPEALS Southold lo' wn .Tall 53095 Main Road Southold, NY 11971 765-1809 fax 765-9064 MEMO TO THE FILE from Chairman and Staff Re: Dan Abbott Property 1000-37-4-15 and 14 at East Marion A 4 -page letter was faxed October 7, 1999 from Eugene R. Barnosky, Esq. to ZBA staff today. Under policy of procedures, the letter was photocopied and distributed (processed as a general correspondence item), then placed in the 1999 Correspondence - General Info" file rather than Appl. No. 4702 for the following reason: i The hearing record was concluded and sealed on September 30, 1999, pending the 62 -day time period for deliberations. Information received after the close of a hearing is not entered into the permanent application file. ZBA Chairman and Office Staff 10/12/99 ���� r Southold To; Hall Zoning Board of Appeals Fax Cover Sheet 765-1809 Office 765-9064 Fax TO: FAX: l0 9 FROM: aA L4 DATE: PAGES: Comments: r 53095 Main Road (6 P -O. Box 1179 6 Southold NY 11971 Pine Place P.O. Box 351 East Marion, New York 11939 Town Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Gerard P. Goehringer, Chairman 03-0 11174TWITITIUMTOIrIVE, Dear Mr. Goehringer: MB 3,0 1g1c 4 The Board was gracious enough to give me an opportunity to have an appraisal done of the impact upon my property value of a waiver of the lot merger. After considerable effort, I must report that I have been unsuccessful in getting a bona fide appraiser to do the appraisal. Although several real estate brokers have been willing to give me their personal views, the various certified (if that is the correct word) appraisers with whom I have spoken have all told me that such an evaluation would be "too subjective." I have already expressed my own subjective view, and it seems to me that additional subjective views would not be very helpful to the Board. I remain of the view that, because of the grade or slope on the lot Mr. Abbott would like to "unmerge" is substantial, the requirements of Section 100-26(4) cannot be met. I also remain unable to understand what the point of granting the waiver would be, when the building envelope provided by Mr. Abbotf s lawyer shows that an 800 square foot house still comes within 55 feet of the tidal wetlands, thus demonstrating that a house cannot be built on the lot that comes even close to meeting the various setback requirements of the Town and the DEC. While the lot may have been a "buildable" lot when Mr. Abbott bought, times have changed, and it is no longer, at least without yet more waivers down the road. As I have indicated orally, my concern is not so much that a house will be built there, although there is already considerably more density at the end of our dead end road than we expected when we bought our house because of the various tenants living in the house at the end of our road. My concern is that whatever house could be built on the 1/4 acre will necessarily be either a tiny one-story or a ridiculous two-story house, set at the bottom of a hill that floods whenever there is a substantial storm, which will certainly reduce the value of my house. Thank you for your courtesy and for taking into account my concerns. Very trap yours, David A Wirtz i PI311/,,✓,ow Town Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Pine Place P.O. Box 351 East Marion, New York 11939 Attention: Gerard P. Goehringer, Chairman mmmo m9 grnme mirm, 1 Dear Mr. Goehringer: 08 31,019,9J The Board was gracious enough to give me an opportunity to have an appraisal done of the impact upon my property value of a waiver of the lot merger. After considerable effort, I must report that I have been unsuccessful in getting a bona fide appraiser to do the appraisal. Although several real estate brokers have been willing to give me their personal views, the various certified (if that is the correct word) appraisers with whom I have spoken have all told me that such an evaluation would be "too subjective." I have already expressed my own subjective view, and it seems to me that additional subjective views would not be very helpful to the Board. I remain of the view that, because of the grade or slope on the lot Mr. Abbott would like to "unmerge" is substantial, the requirements of Section 100-26(4) cannot be met. I also remain unable to understand what the point of granting the waiver would be, when the building envelope provided by Mr. Abbott's lawyer shows that an 800 square foot house still comes within 55 feet of the tidal wetlands, thus demonstrating that a house cannot be built on the lot that comes even close to meeting the various setback requirements of the Town and the DEC. While the lot may have been a "buildable" lot when Mr. Abbott bought, times have changed, and it is no longer, at least without yet more waivers down the road. As I have indicated orally, my concern is not so much that a house will be built there, although there is already considerably more density at the end of our dead end road than we expected when we bought our house because of the various tenants living in the house at the end of our road. My concern is that whatever house could be built on the 1/4 acre will necessarily be either a tiny one-story or a ridiculous two-story house, set at the bottom of a hill that floods whenever there is a substantial storm, which will certainly reduce the value of my house. Thank you for your courtesy and for taking into account my concerns. Very truly yours, < David A Wirtz APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning C y1 CIO z BOARD OF APPEALS TOWN OF SOUTHOLD August 12, 1999 .2-3 3 Mr. David M. Wirtz 1050 Fifth Ave. Apt. 9-C /7 Y, h y /oo Zz New York, NY 10028 Re: Abbott Appl. No. 4702 Dear Mr. Wirtz: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 This is sent as a reminder that we have not received any word with respect to obtaining an appraisal and submission to the Board, which was requested by you at our July 22, 1999 meeting. The hearing, as you know, will reconvene on September 16, 1999. Please contact us once the appraisal has been prepared. Thank you. Very truly yours, Gerard P. Goehringer Chairman U 0 Mr. David M. Wirtz 245 Pine Place East Marion, NY 11939 oCAFFOIKeoGy BOARD OF APPEALS SOUTHOLD TOWN HALL w P.O. BOX 1179 • �` 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 0 Mr. David M. Wirtz 245 Pine Place East Marion, NY 11939 OSAFFQt,t Qh BOARD OF "PEALS SOUTHOLD TOWN HALL so P.O. BOX 1179 • 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 0 F L toD'111 S' M. Wirtz Ave. Apt. 9-C New York, NY 10028 0 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ mommommommmm * Mr. David M. Wirtz 60 Sutton Place South A t. New York, NY 10022 P14 -J MLJI%ot4ffi A UAMNGVKV r TMEL. Ll LAm-B & BARIVOSKY, LLP A,TT0P.?-M*Y.S AT LAW 534 BRiuADHoLLOW ROAD CS 9034 CJLJIII A. BLACK ?T .AMIE Pr. a&&LJALD! AMY.01, A- L&!41 rf8w,%Mo w f4.ivvp4f-H -,C)jlllPft 4. *AL4A7OAfL j(l&6jf.'j " W'A".oW (516) oe 00014ami- _7"T,7 .'WCP,AU J. PIGLORM K#%VAkN AiTh P;&AMAN :NGS -NA -- s"^ni L&* SuCkARMAN t)ATE: July 28, 1999 sZLln,8a!t2lJ!, L 53095 Main Road Southold, NY 11971 & 2T^; — WRINOSKY� Up M R UTTER' 2 ?T 7 JNC _S , T !.L I I u (516) 694--2300 _7"T,7 v4 -- Zt. ,nank you. LAMB & 13AR_NOSKx, LLP ArmRNEYS AT Lww 534 BitoAnHoLLow Roan • . SAi1tiC3KY CS 9034 HOOBR T' fi 4C1'.Ki+ G A.jY MCiLMA�1 P. L. 4hM8 PAIR C E 0'--VwU 8rilhNN tt,L €^:#"p•il f�iM.'!:CFpfP.li #'tY.r4}1'! July 28, 1999 Appeals ToLvn of Sourrho! d Town Hall 53095 Main Road -Sox 1179 v, � Y L ar.. r rinae- Cha�.�man Re: Dan A. Abbott Premises: Pine Place C�~ "'� eS ri.0<�.in�k S fid, !'ta` East Marion, NY 37, Block 4, Lpt Dear Mr. Goehri.ngerc lou!e c. SLACK JAMES F QE1@UA6DI AA?HUR A. LAN,1 HOYJAAD W, NEWMAN ,�00EPH .I SALVAYORF Jc®ucPH H. Will f,00 OF COUNSEL. !. OTS] K. GHANIN n;_CTY'" %I -AF, PE CCtJ Si6L OATHLEFN n ALLrN MICHAEL J. htLLER Ml!cCY ROBENTMAI. KASIVIRM A;' -A F4iSHfAA14 SHEE 14A St,ARI LQIE SJOARMAN r was IC,a41 F.3 _4 -Pt si ,7t is f+.gaTh.(_lI f -a .w .lA .. .'`�.+.'VJti Slej - s .rte rw� t is1=- .tR .0 d' ih5 .` k k 1 .. =+..f'_: .� ?� :. '..' U L ' - ti to d0 SO. -34- Lkn I{J p,S a. .l. ed ',',V ',.erter `, teed ppri 26tr, t ".. �. �, s �. w Gf J. 1 .I. •, w• e. ,S �s 1. 1. (at' ,i..e.;t : i ti: 4l i.'l 4•.- 1. T� a i. 4 i i .�C4J y. CA{f]J4-L L v Please advise. _ l _ __ for i 1.+ 1. L t.- n .. V 1, e Very truly yours, ^.ren r1 Y` u. Abbott Pa,,:1 yyJ.,* �/n-Ie'ff-- iarnan N."ick Vogel, Esq. vvl� 0 0 LAMB & BARNOSKY, LLP ATTORNEYS AT LAW 534 BRoAmoia,ow ROAD EUGENE R. BARNOSKY CS 9034 ROBERT H. COHEN MARCIA L. FINKELSTEIN MELVILLE, NEW YoRK 11747-9034 GARY HOLMAN SCOTT M. KARSON (516) 694-2300 P. L. LAMB JOEL M. MARKOWITZ TELECOPIER: (516) 694-2309 GERALD P. ROSENBERG PATRICE DOWD SHENN EMAIL: theflrm®Iembba,noBky.com July 28, 1999 VIA TELEFAX Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman Re: Dan A. Abbott LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D. ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: In reviewing my notes from the last hearing, I was unclear as to the next procedural steps. I confirmed with Ms. Kowalski that Mr. Wirtz has until August 4th to submit an appraisal to the Board. That being the case, I would request that the hearing be continued (and hopefully finalized) on August 18th. If this requires reposting or remailing of notices, we would be pleased to do so. As you know, our application was filed by letter dated April 26th and we would certainly prefer not to delay the matter until September 16th. Please advise. Thank you for your attention. 1:431-33:2 cc: Dan A. Abbott Paul J. Heffernan Daniel McMonigle Nick Vogel, Esq. Very truly yours, Eug e R. Bar sky r I N GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC. P.O. Box 4, East Marion, New York 11939-0004 Mr. Gerard P. Goehinger Chairman Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Dear Mr. Goehinger: July 16, 1999 JUC Re: Application #4702 Dan & Madeline Abbott Regarding the above application, the Board of Directors of the Gardiners Bay Estates Homeowners Association has voted to reverse its decision based on the analysis of new and more complete information regarding the size of the plot to be divided. We now support Mr. Abbott's appeal. Sincerely yo s, Roger Wingett President 0 LAMB & BARNOSKY, LLP ATTORNEYS AT LAW July 20, 1999 VIA TELEFAX (WITHOUT ENCLOSURES) & FEDERAL EXPRESS (WITH ENCLOSURES Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman Re: Dan A. Abbott LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D.ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Further to my correspondence of July 10, 1999, and pursuant to my telephone conference with Linda Kowalski, I would like to address the following: 1. Building Envelope: Enclosed is a pro forma building envelope which I have sketched on the "unmerger" map using a ruler and the surveyor's scale. As you can see, there is a logical location for a small summer home similar to the house on Lot 15. I have put each side yard at 20 feet, although the Code requires only 15' and 10' (The "right of way" shown on the map is merely a pedestrian access to the beach consisting of a grassy area adjacent to a wood rail fence. Therefore, this is not a corner lot). The erection of a small summer home well set back from the water will not impair the views of Gardiners Bay from the adjacent property owned by David Wirtz, Esq. nor otherwise negatively impact his property 2. The Gardiners Bay Company: I am pleased to learn that the Gardiners Bay Estates Home Owners Association, Inc. reversed itself and now supports our application (copy of letter attached). 534 BRoADxoLLow ROAD EUGENER.BARNOSKY CS 9034 ROBERT H. COHEN MARCIA L. FINKELSTEIN MELvEuE, NEw YoRK 11747-9034 GARY HOLMAN SCOTT M. KARSON (516) 694-2300 P. L. LAMB JOEL M. MARKOWITZ TELECOPIER: (516) 694-2309 GERALD P. ROSENBERG PATRICE DOWD SHENN EMAIL: the}Irm6lambbarnoaky.com July 20, 1999 VIA TELEFAX (WITHOUT ENCLOSURES) & FEDERAL EXPRESS (WITH ENCLOSURES Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman Re: Dan A. Abbott LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D.ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Further to my correspondence of July 10, 1999, and pursuant to my telephone conference with Linda Kowalski, I would like to address the following: 1. Building Envelope: Enclosed is a pro forma building envelope which I have sketched on the "unmerger" map using a ruler and the surveyor's scale. As you can see, there is a logical location for a small summer home similar to the house on Lot 15. I have put each side yard at 20 feet, although the Code requires only 15' and 10' (The "right of way" shown on the map is merely a pedestrian access to the beach consisting of a grassy area adjacent to a wood rail fence. Therefore, this is not a corner lot). The erection of a small summer home well set back from the water will not impair the views of Gardiners Bay from the adjacent property owned by David Wirtz, Esq. nor otherwise negatively impact his property 2. The Gardiners Bay Company: I am pleased to learn that the Gardiners Bay Estates Home Owners Association, Inc. reversed itself and now supports our application (copy of letter attached). LAMB & BARNOSKY, LLP Gerard P. Goehringer July 20, 1999 Page 2 -------------------- 3. Blair Application: At the last hearing, a Mr. Blair addressed the Board and stated that he had a similar application which was denied. As I indicated to the Board that evening, I found this surprising since I had reviewed all of the Board's prior waiver of merger decisions and did not recall any such application. As can be gleaned from the attached decision, Mr. Blair's application was for entirely different relief involving different legal standards and has no impact upon this application. I also subsequently learned that Mr. Blair and his neighbors have been involved in litigation regarding his erection of fences across private roads. His personal animus by reason of private litigation with the Homeowners Association should likewise be disregarded by the Board. Thank you for your attention. Very truly yours, Eug ne R. Ba n ky ERB:pp Enclosures cc: Dan A. Abbott Paul J. Heffernan Daniel McMonigle Nick Vogel, Esq. Fp:abbott\southold L7 SPI? •• E ---1,L'� S 77'34'36., 29.52 POND F- SS p; 06. � � �) ►.�s, N 82' 43' 30'� S 60' S ?,'L E w �6 • S� 23.61 78' 3 / K `d SSP O O w "' eco J� I � °4`�b ���' � v 0 Z o r, I p "� �q` I O O O � y r f N A W N Z V M m I *b0 r ai o CAO tl;�8 t � u STOCKADE FE E ©T �y C rim AROUND GAR E CANS S6f X05. 0 h y g t aD S. C• TAX I ' �.a FRg4F r0RY you o•� �." m 4-74--T ick a�6 SLA)L �qQo 00 LAMP~ 1006. T \ ,.►� q No FOUND CONC. MON. FENCE 0.6'N 0.4,EOUND _ �4�' N %S CONCF MON WOOD RAIL.RAIL.FENCE N 82► 07 42.. W .NCEI o.a s 79.979 l okbk C of : ARB N 77►Og'3O„ • P. • . . • D , • - D 'EDGE OF PAVMfNT . .. �� • - PINE PLACE D o L 20 7T 11 23 90UTHOLD TOWN ZER °° P•2/5 Southold Town BDa}d of Appeals -8.- June 30, 1987 Special Meeting (Appeal No. 3439-11LA�In. decision, 'continued: ) WHEREAS, the Board has carefully considered all testimony and documentation submitted conc,ern',i ng this appl i cati ort; and WHEREAS. the Board Members have personally viewed and are familiar with the premises in question, ids present zoning, and the surrour:ding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is.a 9,004} sq• fL• vacant pares of land. located at the easterly side of Cedar Lane, East Marion it t,he•.Town of,,Soutt°old, having a.frontage of 208.71 feet along Cedar. Laney a partly traveled road, and frontage along the ordinary hi gttwater mark ai .Gardi nPrS Bay of ' 326 feet. 2. The sub, ct premises is referred to as Lots 156, 157, 158 159, 160, 167, if 8, Ib9, 170, .171, 172, 151 and 162 on the "Map of Section 2, Gardii ers.. Bay Estates," ,filed i.n the Suffolk County C1e� Office as Map No, 275 on September 23, 1927. To date, no town act has been taken ct,ncerning exemption of the lot area of the subject premises, and acCordingly is subject to the requirements of Article III, Sec .Jon 100-31, and Bulk Schedule. 3. By thi5 dpplication, appellants request the following relief: (a.) insuffi :ient total .lot area of proposed Parcel 41, including a subs :anti a1 amount of land underwater and a 30 ft.' wide paper street known as "Beach .Court" on the 1427 County Subdivfision Map, of 53,000 'sq. ft-; (b) insufficient total lot area of proposed Parcel #2, includi.nq a substantial amount of, land underwater and 4,30 ft. wide paper street known as "Beach Cvurt", on the 1927 County Subdivision Map, of 42,000 sq. ft.; (c) insufficient lot 134.50±th of fee,t,prespectively�l #1 and #2 of 117.30_ feet a 4. ArticlE 1II, 1. Section 100-31, Bulk Schedule of the Zoning Gods requires a minimum lot arca of 80,000 sq. ft. and minimum lot width of 176 feet. It is also noted that the minimum set backs for new principal structure(s) in this District is 60 feet from the front line, 75 feet from the rear line, 75 feet ik`: on JILL 20 '99 11:24 SOUTHOLD TOWN ZBA °° P•3/5 Southold Town Boa-d*f Appeals -g- June 30, 19 Special Meeting (Appeal No. 34^49 - BLLAIR decision,continued:) from the nearest wetland grasses, or water, whichever is closer, and sideyards at 20 and 25. 6. The percentage of relief requested from the minimum lot area requirenent of 80,000 sq. ft., when including all lands below the ordinary highwater mark and paper streets as shown, is 27,UU0 sq. ft. for Parcel #1 and 30.000 sq. ft. for Parcel #2. The percentage of relief requested from the minimum lot width requirement of 175 feet is 50 feet and 40.40 feet, Parcels #1 and 2 respectively. 6. It is the opinion of this Budrd that the relief requested is sub:;tanti al , being a variance of 34% and 47%, Parcels #1 and 2, respectively ars to lot .area. The total lot area as exis-:s without the variance is not excessive of the Town requ rement of 80,000 sq. ft. and does not overburden the p-operty owner. 7. Also no.ed is the fact that the highwater mark as shown on the 1927 county Subdivision Map is reflected along the most southerly (rear) property lines of Lots 167 through 172, inclusive. The recent surve.Y ,as amended November 18, 1986 indicates tie ordinary highwater mark above the northerly, lines of Lots 167 through 172, with fragmite wetland grasses upland. The elevations above mean sea level of the premises varies from zero to six feet Along the west property line and zero to seven feet along the east property line. The subject premises is a very environmentally -sensitive area and is located in partly in the A-7 (E1. 9) and V-8 (E1, 11) Flood. Zones. In considering this application, the Board also,finds and determines: .(a) the percentages of relief requested as to lot area and lot width are substantial and would in effect establish a zone district completely at odds with all other zone districts prnviced for in the zoning code and zoning map (b) the premises was conveyed to the applicants on or about July 25, 1983, subsequent to the enactment of the current 80,000 sq. ft. coning requirements, and the circumstances are.not unique; (c) the di ffi'cul ti es claimed are not sufficient to JUL 20 199 11:24 SOUTHOLD TOWN ZBA °° P.4/5 iIf Southold Tcwn Board of Appeals '10 -June 30, 1987 Special Mi tinig, III11 (Appeal No. 3439 - BLAIR decision, continued:) f f j warrant a grant of the relief requested; (d) the character of the immediate Area will be affected by the granting of the variances requested; (e) the environmental nature and history of this Property dues nul: lend to the reasoning for increased den- sity and housing; (f) in view of the manner in which the difficulties arose anc in consideration of all the above factors, the interests of justice will best be served by denying the j variances applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigcnis, it was RESOLVED "to DENY the relief requested in the Matter of the Application—o7–ARNOLD AND KAREN BLAIR under Appeal , No. 3439, a; applied. ' vote of the Board: Ayes,,: Messrs. Goehringer, Grigonis, Douglass ani Sawicki. (Member Doyen of Fishers Island was absent.) Tiis resolution was duly adopted, 1 .7 . f,r � 1 IUL 20 199 11:25 SOUTHOLD TOWN ZBA P.5/5 1A GARDINEF.$ BAY ESTATES HOME OWNER ASSOCIATION, INC* P 0. Box 4, East Marlon, Now York. 11939-0004 Nft. Gward P. Goainger Zoning Board of Appal! Town o€Southold. ro BOX 1179 Southold, NY 11971 Dcar M. (3whingei. luly 16.1999 ApoUgua 0202 pan & hdador& Abbaft Regarding the above aW kation, the Board of Moutom of Lhc Ouditto s Bay Estates flomeownm Association has voted to reverse its decision based on dw analysis or =w and more complete intonnabom regarding the size of the plot to be divided We now support Mr. Abl.all's appeal. sincerely youm P R0ger wiartt Ni BRRNOSK`f i LLP FUGENER 3ARr, ,,nr ROBERT H: S:OHEN GAMY NO Mq}i 'COTT Art. K y5 sN P L LAMB )hAA.LQ P PC N8E PA?R. -E 0.0WN Ar F. (1 20 '99 14:44 K. 02' L,A mj3 & t�,RNOSKY, LLP ArmRN Eys AT Law 534 j3RoADHOLLOV *0.1 ID CS 9034 .fw YoRK 11747-9034 = U lJ I B, 694-2340 2 O19997 ^_ _ T t E..OAiER: (61 BJ 684-2306 �t/J�[/X71 -1 L: cno}:rmAlambbarnoaky com July 2V, 1999 T:11A ` FE ' E: k}_ ERA EXPIRES_` -r`t ITIS ENCLOSUREU --- ---- 'r."n"M B4 and f Appea ' s l '' awn .: f c,cSaute: Olt. ToWr: Fall y3Q95 Main Road p.o. BOX 1179 Sou'�hv1(J, NY 11971 {W t- f_ 4 -,`q; Gerard p. ,cehringer Chairman. Re: Lean A. Abbott 1.01215 E- BLACK JAMES F. 3EGLIALD1 Af;Tr11js? A. LANE 1-13WARD W. NEYJMAN JOSEPH J. SALVATORE JOSEPPF H wiSWOD OF COUNSEL LLOYD K. CHANIN SCOTT P- MtBRIDE COUNSEL CATHLEEN O. ALLEN MIC'H^CL J. HL`-LLER MIND* ROS:ENTHAL KREMER RITA FISHMAN SHEENA 3HAR! LEE SoGlARMAN Premises: Pine Place Gaz:diner's Bay Estates East Marion, NY e --ion 37, Blc); Lfir Lots 1.4_aind 1'S Dear Mr. Goehringex; -it. - , device of t ,r 1 _99G a.-,— rsuant r t :i r l.. , �., r . G. tt � _ _ � � 4 ti. E > _. ... ,.� y e r N''_" to { ?: 1ye s �_ rt:,_th �r' r,-wa ysk ., I ,^ _i1.�i: � 're ��� addrL�ss the foliowang- ._ Lf..i l �. t"_ r «,'•I • C' _ V `r �' L ._) s a jJ forma. � t r a. b �'.). i l d i i g �riV .'.Jy ri ;v1`�. �,.•I% T ii .Vi~-st"E't Cl�@d .�.(i F �,:E �'u n.':ej' ger" map V :01.w r :' d e Sul "'L ycrl s sca r3. hs you d ie Sed, [r, ^_i�cyy �'e _.iSa 1- i.:;ai. 1i� a`7i /on for aT5!".�,'�.is��]_ 1�.1Lit'�.I �Z+r h rr�"side .'•.E?(_l14] JaV ml �. ar` i. -ie lr i^i-� ;herr,, i. s c, Lot t 1 -5 . 1 1•1 a -',e ti..+4Lii each til, i de yard a 20 fee, alt -,,C) -ugh the "ode �equ.res d ,V r The way„ Showan on --he . tap .s merely a pedestrian cy, to, �' e heL'�ch c_;rjns,, stin of a 9 a5s:j yi3.ect us- o a woad rail fence. `. Ileiefore =his S not, a co_-ne-r lot) . The o" a s.,.a1l vam:^;1er 1,o.;:t well se_ back tti e vt^"� wd L _ ?' w ` impair the views, of Bay f roP.l the ada eal' iii .._y ._wrier. by it L , ?^c ut:`�er� SP. z.;i y a p- Ve"y Lmpact his proper -y 2. The ners vcjz,pary: I ar- pleased -,D yearn that the I-- r� _ rs 3ayWFs4ates Home Owners tibJ'f_IC�at (-l;, Inc. itev t.zcl--" and nc�w Supports __r a:.iplic-aLti,,11 icc-py r,+ letter attached). «. B C BH OSKY, LLP faz.S1 „ K 05 a LAmB & BAONOSKY, Y.iP Gerard P. Goehringer July 20, 1999 Wage 2 -------------------- 3, Blair Ap lication At the last hearing, a Mr. Blair addressedthe Board and stated that he had a similar appli;;a*.i 0r. which was denied. As Y indicated to the Beard that evening, i found this surprising since I had reviewed all of the Board's prior waiver of merger decisions and did not recall any such application. As can be gleaned from the attached decision, Mr. Blair's application was for entirely different relief involving differen-t legal standards arad has no impact upon this application. I also subsequently learned that Mr. Blair and his neighbors have been involved iz, litigation regarding his erectio.- of fences across private roads. His personal animus by reason of private litigation with the Homeowners Association should likewise be disregarded by the Board. Thank you for your attention. ERB:pp Enclosures cc: Dan A. Abbott Paul J. Heffernan Daniel McMonigle Nick Vogel, Esq. F.'p: ,k�bnL'L\so�Cttula Ll Very truly yours, Bug ne R. IIs n ky HNIP 6�^�'1!l'�F',r:, LSF'fl � _�_,i ce'O 'q:i L, I,,"B & BAR.NOSKY, LLP AvroRNEYS AT LAw $34 BROADHOLLow ROAD DATE,: July 20, 1999 PLEB E�EL_IVER THE FOLLOTA'1NG pKRS TO, TELE:Gg?ER TFT . NO.: 4 ;16? 765--9064 Att&nt.ion: Gerard P. G1 hriner. hairman TJCk TI�:�.2. Board of ApDeals. Town. of Saathnld 53095 Main Road Southold; NY 11971 MOM- EUGENE R- BARNOSKY , ESQ, LOCATION'. LAM & 1,:kh'NOSKY , LLP T%' -,TAI, MUMBEF OF PA14ES !N LODING COVEP. LETTER: !F YOU D{7 NOTR Y '. A r.. ;`�F THE Pe'�►%,2 P_ ASS' "AL" SACX ASAP PHM: iffi-,-O (516) 594-2300 usid a s c.•>._N sa .Ir -_ad Cent.a., Ana e ; F S �� 4 r7q ,-� ''le w- firs --wL• X3.,8 bag- ES^iC, ♦:..��?'_. �r 6. L; :'!LBrI �G 'iia- :tine . ... _.. .. ...r.n .r.. '�''r. •! ._., s -.e�.. e9�.w J. w' _`__.. .. x:.11 _.tea 49:x. _ #'�+1 a«G�.'J:;rj "'4 -'—"Ili :'.� r il!l:. =k3S8 .. , ,i5 .{y_•r *s'. q>>,.a 'Q ...��OC`e . Thank you. CS 903' LOUIS 6 BLACK OUQRNR R. BARNOSKY JAMES c. .3EBU At D1 No9lgT H COHEN ,f q i4t � I`...1 .:4fiw R OR -K 1 8747.9034 ARw^F4 A LASH MARr1A L, A;N}(HL $'�tt: nOwARS W. NHWMAN QARY HOLMAN (51 6) 6y4•23C3O J08E/N J gAL.VATp NE ljCOTT M. KAABON J08BDH H- WISHOO P L LAMA w�.,�W��•�RcSiAl dna-2309 O EL JOEL MARKRv-s:5� LLOYDOK K CHAHANIN 068 AL'D P A086146400 iMa;L: ;n+il.rm it �rmbOrr^ankj,c^M eCOTT rrr aR10Q PATAICE 6OWD &"CNN COuw6EL CATHLeeN P ALL/M MIGHAeLJ HELLAA MIND,' INOSGNTHAL KKf MEA N1TA 01g01MAN 31406NA 3MAAI LCH SUQARMAN DATE,: July 20, 1999 PLEB E�EL_IVER THE FOLLOTA'1NG pKRS TO, TELE:Gg?ER TFT . NO.: 4 ;16? 765--9064 Att&nt.ion: Gerard P. G1 hriner. hairman TJCk TI�:�.2. Board of ApDeals. Town. of Saathnld 53095 Main Road Southold; NY 11971 MOM- EUGENE R- BARNOSKY , ESQ, LOCATION'. LAM & 1,:kh'NOSKY , LLP T%' -,TAI, MUMBEF OF PA14ES !N LODING COVEP. LETTER: !F YOU D{7 NOTR Y '. A r.. ;`�F THE Pe'�►%,2 P_ ASS' "AL" SACX ASAP PHM: iffi-,-O (516) 594-2300 usid a s c.•>._N sa .Ir -_ad Cent.a., Ana e ; F S �� 4 r7q ,-� ''le w- firs --wL• X3.,8 bag- ES^iC, ♦:..��?'_. �r 6. L; :'!LBrI �G 'iia- :tine . ... _.. .. ...r.n .r.. '�''r. •! ._., s -.e�.. e9�.w J. w' _`__.. .. x:.11 _.tea 49:x. _ #'�+1 a«G�.'J:;rj "'4 -'—"Ili :'.� r il!l:. =k3S8 .. , ,i5 .{y_•r *s'. q>>,.a 'Q ...��OC`e . Thank you. cvi, LRMB 8 BRRNOSKY, f t EUGENE R. BARNOUKY ROBERT H, COHEN MARCIA L, FINKCLBTC GARY HOLMAN L SCOTT M. KARSON P. L. LAMB 11 JO£t M. MARKOWtT2 0SRAL0 P. ROSFNSF PATRICE 0OW0 ;RHE c(Y- LLP Fax:5166942309 Jul 20 '99 14:44 0 L.A mB & B A RHOS KY, LLP VIA TELEFAX (WI'T'HOUT ENCLOSURES) & FEDERAL EXPRESS (WITH ENCLOSURES) Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman, Re: Dan A. Abbott P. 02 LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J, SALVATORE J03EP14 H. WIs HOD OFCOUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL GATHLEEN D, ALLEN MICHAEL J. HILLER MINDY ROSE N.THAL KREMER RI TA FISHMAN SHEENA 3HARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax .Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Further to my correspondence of July 10, 1999, and pursuant to my telephone conference with Linda Xowalski, I would like to address the following: 1. Building Envelope: Enclosed is a pro forma building envelope which I have sketched on the "unmerger" map using a ruler and the surveyor's scale. As you can see, there is a logical location fox a small summer horse similar to the house on Lot 15. T have put each side yard at 20 feet, although the Code requires only 15' and 10' (The "right of way" shown on the map is merely a pedestrian access to the beach consisting of a grassy area adjacent to a wood rail fence. Therefore, this is not a corner lot). The erection of a small summer home well set back from the water will not impair the views of Gardiners Bay from the adjacent property owned by David Wirtz, Esq. nor otherwise negatively impact his property 2. The Gardiners Bay Company: I am pleased to learn that the Gardiners Bay Estates Home Owners Association, Inc. reversed itself and now supports our application (copy of letter attached). ATTow,mys AT LAw 534 ]3RoADHOLLow RoAD CS 9034 ELvUJ-E, NEW YORK 11747-9034 % a =-/ (510) 894-2300 2 0 19,()C) J i, R4"LECOPIER: (618) 804-2308 IkMAIL: tnoflrmAlamEnarnosky.com July 20, 1999 VIA TELEFAX (WI'T'HOUT ENCLOSURES) & FEDERAL EXPRESS (WITH ENCLOSURES) Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman, Re: Dan A. Abbott P. 02 LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J, SALVATORE J03EP14 H. WIs HOD OFCOUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL GATHLEEN D, ALLEN MICHAEL J. HILLER MINDY ROSE N.THAL KREMER RI TA FISHMAN SHEENA 3HARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax .Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Further to my correspondence of July 10, 1999, and pursuant to my telephone conference with Linda Xowalski, I would like to address the following: 1. Building Envelope: Enclosed is a pro forma building envelope which I have sketched on the "unmerger" map using a ruler and the surveyor's scale. As you can see, there is a logical location fox a small summer horse similar to the house on Lot 15. T have put each side yard at 20 feet, although the Code requires only 15' and 10' (The "right of way" shown on the map is merely a pedestrian access to the beach consisting of a grassy area adjacent to a wood rail fence. Therefore, this is not a corner lot). The erection of a small summer home well set back from the water will not impair the views of Gardiners Bay from the adjacent property owned by David Wirtz, Esq. nor otherwise negatively impact his property 2. The Gardiners Bay Company: I am pleased to learn that the Gardiners Bay Estates Home Owners Association, Inc. reversed itself and now supports our application (copy of letter attached). •'u ti K r . i i r rdx-DIOC�y4L )uv jui [U 5V 11+-4.4 MB & BRRNOSKY, LLP Fax:5166942309 Jul 20 '99 14:44 LAA4B & 13A1tNO5KY, LLP Gerard P. Goehringer July 20, 1999 Page 2 -------------------- 3. Blair Ap lication: At the last hearing, a Mr. Blair addressed the Board and stated that he had a similar application which was denied. As I indicated to the Board that evening, Y found this surprising since I had reviewed all of the Board's prior waiver of merger decisions and did not recall any such application. As can be gleaned from the attached decision, Mr. Blai.r's application was for entirely different relief involving different legal standards and has no impact upon this application. T also subsequently learned that Mr. Blair and his neighbors have been involved in litigation regarding his erection of fences across private roads. His personal animus by reason of private litigation with the Homeowners Association should likewise be disregarded by the Board. Thank you for your attention. ERB:pp Enclosures cc: Dan A. Abbott Paul J. Heffernan Daniel McMonagle Nick Vogel, Esq. F."p=abbnet\scutndia r7 Very truly yours, Eug ne R. BaVky F EUGENE R. BARNOSKY ROBERT H. COHEN MARCIA L. FINKELSTEIN GARY HOLMAN SCOTT M. KARSON P. L. LAMB JOEL M. MARKOWITZ GERALD P. ROSENBERG PATRICE DOWD SHENN 10 LAMB & BARNOSKY, LLP i ATTORNEYS AT LAW 534 BROADHmLow RoAD CS 9034 MELv .LE, NEw YoRK 11747-9034 (516) 694-2300 TELECOPIER: (516) 694-2309 EMAIL: theflrm Olambbarnosky.00m July 10, 1999 FEDERAL EXPRESS Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Gerard P. Goehringer Chairman Re: Dan A. Abbott LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D. ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Pursuant to the Board's request at the June 24th hearing, please find enclosed five revised copies of the "unmerger" map showing the high water mark. As you can see, the portion of the premises below the high water mark is de minimis. As I indicated at the last hearing, to give the Board some sense of the elevation of the property, the vertical distance between the top of the slope and the bottom of the slope may be roughly measured by the stairs shown on the map. There are 10 steps with an 8 inch rise, for a total height of approximately 6 feet, 8 inches. As requested by the Board, we have also researched the parcels shown on the tax map of .29 acres or less as to whether any of these lots adjoin another parcel in common ownership. Our review of the Assessor's records reveals the following: 1. Section 4, Lot 5 (unimproved) - Owned by Peter and Diane Neyland; Lot 4 (improved) in common ownership. 2. Section 1, Lot 3 (unimproved) - Owned by Peter Bruer; Lot 7 (improved) in common ownership. C, LAMB & BARNOSKY, LLP Town of Southold Page 2 July 10, 19991 ----------------- 3. Section 1, Lot 15 (unimproved) - Owned by Winifred and George Marsich; Lot 14 (improved) in common ownership. 4. Section 3, Lot 23 (unimproved) - Owned by Annette Frosch; Lot 24 (improved) in common ownership. The unimproved parcels owned by Neyland (.12 acre), Marsich (.17 acre) and Frosch (.13 acre) are substantially smaller than the applicant's proposed lot and thus would be distinguishable on any future application.' Thus, if the Board is concerned about "opening a Pandora's box", the only comparable parcel would be the Bruer lot with an unimproved adjoining .23 acre parcel. Furthermore, the title history and factual background may not be as compelling as the applicant's very strong showing in this case. Thank you for your attention. Very truly yours, Euge e R. Barnos y ERB:pp Enclosures cc: Dan A. Abbott Paul J. Heffernan Daniel McMonagle Nick Vogel, Esq. Pp:abbott\southold L6 ' It is, of course, purely speculative as to whether the owners of any such parcels will ever apply to the Board. We construed the Board's request to identify any potential application. J%A- 49A r SCALE 1"=600' ■■a eaft Par SPRING POND '3:" wall Q M Z �� ow " t ''R . � 4 N s 4 j S. C. T, No, 1000-37-04-14 14 M ` 1 .. k ft*07'42" w 2i e L©CATION MAP SCALE 1 "=1 QC' N ar43,3°� t9.tn 1� y 130 PINE PLACE. lW A. -A ATT k%UNE A. AMOTT EU ERE "RONSKY, ESQ. IMOAtiHOLLOW ROAD - Vtl.l.E, NEW YORK 11747-9034 S.C. TAX No. 9,216.52 sq. ft. 1000-37-04-14 0..212 aa. S.C. TAX No. 9,170.23 sq, It 1 OW -37-0,4-1 5 0416 so. TOTAL 0.42Z as. Southold Town Hall Zoning Board of Appeals TO: FAX: FROM: DATE: 0 ` PAGES: Comments: Fax Cover Sheet 765-1809 Office 765-9064 Fax 53095 Main Road 6 P.O. Box 1179 6 Southold NY 11971 DELIBERATIONS/DECISION: Appeal No. 3439: Application of ARNOLD AND KAREN BLAIR. Variances to the Zoni Ordinance, Article III, Section 100-31, Bulk Schedule, for approval insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-10..2. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on May 21, 198 in the Matter of the -'.Application of ARNOLD AND KAREN BLAIR under App No. 3439; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and • 0 Southold Town Board of Appeals -8- June 30, 1987 Special Meeting (Appeal No. 3439-BLAIR, decision, continued:) WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 95,000± sq. ft. vacant parcel of land located at the easterly side of Cedar Lane, East Marion, in the. Town of -.Southold, having a frontage of 208.71 feet along Cedar Lane, a partly traveled road, and frontage along the ordinary highwater mark of Gardiners Bay of 326 feet. 2. The subject premises is referred to as Lots 156, 157, 158, 159, 160, 167, 168, 169, 170,171, 172,151 and 152 on the "Map of Section 2,Gardiners..Bay Estates"' filed i_n the Suffolk County Clerk's Office as Map No. 275 on September 23, 1927. To date, no town action has been taken concerning exemption of the lot area of the subject premises, and accordingly is subject to the requirements of Article III, Section 100-31, and Bulk Schedule. 3. By this application, appellants request the following relief: (a) insufficient total lot area of proposed Parcel #1, including a substantial amount of land underwater and a 30 ft. wide paper street known as "Beach _Court" on the 1927 County Subdivision Map, of 53,000 sq. ft.; (b) insufficient total lot area of proposed Parcel #2, including a substantial amount of.land underwater and a 30 ft. wide paper street known as "Beach Court" on the 1927 County Subdivision Map, of 42,000 sq. ft.; (c) insufficient lot width of proposed Parcel #1 and #2 of 117.30± feet and 134.50± feet, respectively. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a -minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. It is also noted that the minimum set- backs for new principal structure(s) in this District is 60 feet from the front line, 75 feet from the rear line, 75 feet Southold Town BoarOf Appeals -9- June 30, 07 Special Meeting (Appeal No. 3439 - BLAIR decision,. continued:) from the nearest wetland grasses, or water, whichever is closer, and sideyards at 20 and 25. 5. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft., when including all lands below the ordinary highwater mark and paper streets as shown, is 27,000 sq. ft. for Parcel #1 and 38,000 sq. ft. for Parcel #2. The percentage of relief requested from the minimum lot width requirement of 175 feet is 50 feet and 40.40 feet, Parcels #1 and 2 respectively. 6. It is the opinion of this Board that the relief requested is substantial, being a variance of 34% and 47%, Parcels #1 and 2, respectively as to lot area. The total lot area as exists without the variance is not excessive of the Town requirement of 80,000 sq. ft. and does not overburden the property owner. 7. Also noted is the fact that the highwater mark as shown on the 1927 County Subdivision Map is reflected along the most southerly (rear) property lines of Lots 167 through 172, inclusive. The recent survey as amended November 18, 1986 indicates the ordinary highwater mark above the northerly lines of Lots 167 through 172, with fragmite wetland grasses upland. The elevations above mean sea level of the premises varies from zero to six feet along the west property line and zero to seven feet along the east property line. The subject premises is a very environmentally -sensitive area and is located in partly in the A-7 (E1. 9) and V-8 (E1. 11) Flood Zones. In considering this application, the Board also -finds and determines: (a) the percentages of relief requested as to lot area and lot width are substantial and would in effect establish a zone district completely at odds with all other zone districts provided for in the zoning code and zoning map (b) the premises was conveyed to the applicants on or about July 25, 1983, subsequent to the enactment of the current 80,000 sq. ft. zoning requirements, and the circumstances are not unique; (c) the difficulties claimed are not sufficient to Southold Town Board of Appeals -10-June 30, 1987 Special Meeting (Appeal No. 3439 - BLAIR decision, continued:) warrant a grant of the relief requested; (d) the character of the immediate area will be affected by the granting of the variances requested; (e) the environmental nature and history of this property does not lend to the reasoning for increased den- sity and housing; (f) in view of the manner in which the difficulties arose and in consideration of all the above factors, the interests of justice will best be served by denying the variances applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested in the Matter of the Application of ARNOLD_ AND KAREN BLAIR under Appeal No. 3439, as applied. Vote of the Board: Ayes,: Messrs. Goehringor, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. 1 v� �'+ f 0�.Vo� GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC. P.O. Box 4, East Marion, New York 11939-0004 Mr. Gerard P. Goehinger Chairman Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Dear Mr. Goehinger: Jill 2 3 RD()? ' Re: Application #4702 Dan & Madeline Abbott June 18, 1999 Regarding the above application, the Board of Directors of the Gardiners Bay Estates Homeowners Association strongly objects to the division of the Abbott lot for purposes of building. The community of Gardiners Bay Estates in which the Abbott property is part of, is a densely populated area considering the overall amount of acreage. Further development beyond what was originally intended will put additional stress on our roads, waterways, and beaches. We respectfully request that you deny this application. Thank you for your consideration. Sincerely yours, Ro er Wingett President r] L EUGENER.BARNOSKY ROBERT H. COHEN MARCIA L. FINKELSTEIN GARY HOLMAN SCOTT M. KARSON P. L. LAMB JOEL M. MARKOWITZ GERALD P. ROSENBERG PATRICE DOWD SHENN • LAMB & BARNOSKY, LLP ATTORNEYS AT LAW VIA TELEFAX & FEDERAL EXPRESS Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 534 BRoAnxoi ww RoAD CS 9034 MELvu_.LE, NEw YoRx 11747-9034 (516) 694-2300 TELECOPIER: (516) 694-2309 EMAIL: thefirmmlambbarnosky.com Attention: Gerard P. Goehringer Chairman r 2 4 LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D.ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Re: Dan A. Abbott and Madeline A. Abbott Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Further, to my previous correspondence, we have researched in the Town Assessor's Office lots in Section 37 of the Suffolk County Tax Map. This section appears to be coterminus with Section Two of the Map of Gardiners Bay Estates. As you know, the subject premises consists of tax lot 14, which the Assessor's records list as .21 acres, and tax lot 15, which is listed as .26 acres. In Section 37, the Assessor's Office identified for us 52 tax lots .29 acres or less. Indeed, there are 25 tax lots .21 acres or smaller. Of the comparable tax lots of .29 acres or less, 42 are improved and 10 are unimproved. Obviously, the proposed waiver of merger is completely consistent with the pattern of development in this neighborhood. We will hand up a marked tax map at the hearing showing the above lots. LAMB & BARNOSKY, LLP Town of Southold Page 2 June 23, 1999 ----------------- Thank you for your attention. Very truly yours, Xi �ene Barnosky cc: Daniel A. Abbott Paul J. Heffernan Daniel McMonigle Nick Vogel, Esq. Fp:abbott\southold L5 PLEASE DELT�TR. THE FOLLOVONIG PAGES TO' TFT_T-('0PjED TEL. NO:: (516 7f�5-9064 NAlkIE: Gerd -d P. Goehringel C?4irrrwi (Tel. #7651809) LOO' T'O` , Brerd coif ,gyp; eak, Town of'Southold 5309"'Main Rd•, Southold,1IT' 11971 FROM �j';r���?E R I�A�L�`€f}SK�'�ESi,�, TOT_�.i R 1 r . i I :1r( r' Cyt :) , T5 T- 3 v -- LF L �F-R. LAMB & BARN•OSKY, LLP w � ATTORNEYS A- LAW P k 534 B7aoAnriOLLOW ROAD CS 9034 WfAS ft. BLACK ao7H:>Zr c. co�cN aRC:A rr fi-NKr;'CAITIr tis lr_Ls; Ne N' 'YORK 11747-9034 aAMCeF. C1fsUALD7 (GARY WOLNIA]N ARTHUR A. LANC HOWARD W. NEW MAN ca.T W. XARSOF, (516) 694-2300 absCplR.L SALVATORr T: L LAMD 30 EpH H. WISHOD J0t-.L M. tL1RK0W7TL OF COUNSEL _ A06P* VARO TEUCOPIER: (516) 694-2309 LLOYD C. CILANIN PAIR Ir,, 90WO SHEN'v NCOIT f MCBRIDE EPvIAIL: 7hntirm g sehbbarnesky com 'ZOTJNRIt CATULEEN D. ALLEN ?*nCHAEL J. HELLER hDNDY ROaENTMAL IL"MMR RrTA FISHMAN &RtZNA SHARI LEE SUGARMAN DATE; Agne 23-1999 PLEASE DELT�TR. THE FOLLOVONIG PAGES TO' TFT_T-('0PjED TEL. NO:: (516 7f�5-9064 NAlkIE: Gerd -d P. Goehringel C?4irrrwi (Tel. #7651809) LOO' T'O` , Brerd coif ,gyp; eak, Town of'Southold 5309"'Main Rd•, Southold,1IT' 11971 FROM �j';r���?E R I�A�L�`€f}SK�'�ESi,�, TOT_�.i R 1 r . i I :1r( r' Cyt :) , T5 T- 3 v -- LF L �F-R. JON. 2 1999 57PM LAME _Ba _ wMR �----�-� __ LAMB & BARNOSKY, LLP ArroRmys AT LAw 6L'SEME A, SPANOSKY ROBERT M. COHEN MARMA L. FINKELST; IN 13AAY HOLMAN $00'rT Id *(AAS P. L. LAMB JOEL M. M4AK*Vl 46RA60 P, RO@EN-r 90 PA?RICE OOWD 6HENN 534 BAo &MMOLLpw RAAI? CS 9034 NULNTu,k, Nkw YORK 11747-9034 (516) B94-21300 TELECO(OIEA: (316) 604-2309 EMAIL: t►lotlrnftlilambasrneeky.oom June 23, !999 4lTA TELSFAX FEDERAL EXPRESS Town Bcard of Appeals Town of Southhold Town Hall 53095 Mair. Road P.O. Box 1179 Southold, NX 11971 Attention: Gerard P. Goehringer Chairman LOUIS E BLACK JAMES F. OESUALDI ARTHUR A. LANE HOWARD W NEWMAN JOSEPH.,,$ALVATOAE JOSEPM H. WISHOD OF COUNSEL LLOYD K. OMANIN SOOTY P. Mc BRIDE COUNSEL CATHLEEN D_ AL.L:N MICHABL J. NEI.LER MINUY ROSENTHAL KREMER RITA FIRHMAN SHEENA SHAR1 LEE SUOARMAN Re: Dan A. Abbott and Madeline A. Abbott Premises: ?ine Place Ga. -diner's Bay Estates East Marlon, NY 'fax Map No. 3.000, Sect: or. 37, Black 4, ict[ 14 and 15 Dear Mz•. Goehringer: to my pre%7Lious we have re8earched in the Tc..qn Assessor's Office ll:tr in Section 37 of -he Suffolk Cc)'ur:ty 'rax Map. This section appears to be ccterminus w,th. Sectio: Two cr the Map cf, Gardiners Bay Estates. As you know, the subjec- premises consists of tax lot 14, which the Assessor's records list a5 .2l acres, aril: 'pax lot 15, which is :isted as .26 acres. Ir. Sectia-r ;7, the Assessor' S Office identified :or us 32 rax. _.o's .29 =.;gyres 0— lae$, L.^Tweed, there a -'a 25 tax lots .21 acres or smaile,-. Of the comparable tax 1ctG of .29 acres or less, 42 are improved and 10 are unimproved. Obviously, the proposed waiver of merger i.s completely consistent with the pattern of development in this neighborhood. We will hand up a marked tax .-.,ap at the hearing showing the above lots. s LAMB & BARNOSKY, LLP Town of Southold Page 2 June 23, 1999 mh r i. ter, rn^.' t" ti:tti1 0Ia . Very truly yours, Duene R. Barnosky ERS: pp cc: Daniel A. Abbott Paul. J. Heffernan Daniel McMoni.gle Nick Vogel, Esq. Fp: arbocc�sa.�chuid L5 EU O ENER.BARNOSKY ROBERT H. COHEN MARCIA L. FINKELSTEIN GARY HOLMAN SCOTT M. KARSON P. L. LAMB JOEL M. MARKOWITZ GERALD P. ROSENBERG PATRICE DOWD SHENN VIA TELEFAX & FEDERAL EXPRESS • LAMB & BARNOSKY, LLP ATTORNEYS AT LAW Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 534 BROADHoL.Low RoAD CS 9034 MF- vu1.E, NEw YoRx 11747-9034 (516) 694-2300 TELECOPIER: (516) 694-2309 EMAIL: thefirm Qlambbarnosky.com Attention: Gerard P. Goehringer Chairman LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. McBRIDE COUNSEL CATHLEEN D. ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER ISHMAN SHEENA LEE SUGARMAN Re: Dan A. Abbott and Madeline A. Abbott Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Mr. Goehringer: Thank you for your letter of June 15, 1999. Please find enclosed a statement of reasons for the waiver of lot merger. Although the additional information requested was not set forth in the prior instructions given to us by your office, we have asked our surveyor to provide us with an estimate regarding elevations, high water mark and potential building envelope. Thank you for your attention.. Very truly yours, Eu ene R. Bar y ERB:pp Enclosure cc: Daniel A —Abbott Paul J. Heffernan Daniel McMonagle Nick Vogel, Esq. Pp:abbott\southold L4 U ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ------------------------------------------------X In the Matter of the Application of Dan and Madeline Abbott Parcel ID #1000-37-4-14 & 15 N STATEMENT OF APPLICANT'S REASONS FOR WAIVER OF LOT MERGER The applicant, Dan A. Abbott, purchased two legal buildings lots in Gardiners Bay Estates in 1953 and 1958. He purchased each building lot with his wife, Madeline A. Abbott, who passed away in 1998. In 1953, the Abbotts purchased tax lot 15 from Gardiners Bay Company, Inc. This 9,170 sq. ft. lot was described as Lot 144 and the easterly portion of Lot 143 on Map of Section 2, Gardiners Bay Estates, situate at East Marion, filed in the Suffolk County Clerk's office on September 23, 1927, under Map No. 275 (the "Map"). The deed from Gardiners Bay Company, Inc. specified "that no building of any kind other than one dwelling shall be erected on said premises". In 1958, Mr. and Mrs. Abbott purchased the adjacent tax lot 14 (the "1958" lot) consisting of 9,216 sq. ft. from Kenneth and Alexander Thornhill. The prior deed (that same year) from Gardiners Bay Estates to the Thornhills specified that on that lot, "no building of any kind other than one dwelling shall be erected." The purchase price (as evidenced by the stamps on the deed) of the 1958 lot was 15 to 20% greater than the 1953 lot, thus belying any claim by the Gardiners Bay Company that the second lot was not intended to be a buildable lot. Mr. Abbott hired a Greenport attorney (Irving L. Price, Jr.) and purchased title insurance in connection with the 1958 conveyance.' Thus, in 1958, the Abbotts owned two perfectly legal building lots, both under the Town Code and under the plan of development of Gardiners Bay Estates. By the express language of the deeds, the Gardiners Bay Company obviously contemplated that a dwelling would be erected on each of the two lots. Had the Abbotts either: a) built one dwelling on each of the lots; or b) conveyed the 1958 lot to a third party or a different entity controlled by them, we would not be before the Board today. Indeed, the Abbotts' ability to erect a home on the 1958 lot as of right continued until the Town Board upzoned the neighborhood many years later. ' With respect to 1VIr. Thorpe's letter regarding the billing for beach rights, we are advised that this is a $5.00 annual charge which for reasons not within our control was not billed to the vacant parcel. Needless to say, the billing practices of Gardiners Bay Company are irrelevant to the issues before this Board - 1 0 • The Zoning Board of Appeals should waive this merger and recognize the original lot lines for the following reasons: The waiver will not result in a significant increase in the density of the neighborhood. Obviously, the addition of one home to this community will be of little significance. 2. The lot is not an increase in density since this lot was purchased separately and was always intended to remain a separate lot. The grant of this waiver does not set a precedent for other vacant lots due to the unique circumstances and this case's land history. The waiver will not result in a significant increase in the density of the neighborhood as shown on the County Tax Map and the Town's Building Assessment and Parcel Record. 4. The waiver would recognize the exterior dimensions of a previously created lot line. The lots were created by subdivision map duly filed in the Suffolk County Clerk's Office. 6. The waiver will recognize a lot that is consistent with the size of the lots in the neighborhood. As set forth above, the deeds from the Gardiners Bay Company demonstrate beyond cavil that one house was contemplated on each of these 9,000+ sq. ft. parcels. There are many parcels (including the adjacent parcel to the southeast) which have been developed on similar or even smaller lots. With the installation of public water, concerns regarding wells and cesspools have been largely obviated. 7. The waiver would avoid economic hardship to Mr. Abbott. Obviously, the value of Mr. Abbott's investment will be severely diminished by the merger. He purchased the additional lot as a legal building lot and paid a price commensurate with its legal status. The lot was purchased as a retirement "nest egg" to provide the Abbotts with economic flexibility during their golden years. Mrs. Abbott has now passed away. Mr. Abbott is 81 years old and under a doctor's care. He is assisting his sister-in-law, Marion (also a widow and receiving medical attention) and consolidating into her home in Greenport. These two elderly widowed residents of the Town obviously do not need two homes. Mr. Abbott would like to sell the subject premises with the enhanced value to a purchaser who would be able to build on the 1958 lot. Although we have not developed any site plan, it would appear that this simple waiver will allow a routine development of the 9,216 sq. ft. lot without any significant change in the contours or slopes of the lot; there will not be any 2 substantial filling of land affecting nearby environmental or flood areas. Obviously, as, if and when a purchaser of the 1958 lot applies to the Town, compliance with all applicable Codes of the Town, the Department of Environmental Conservation and the Suffolk County Department of Health would be required. 9. A review of the legislative history of the "Local Law in Relation to Lot Creation and Merger" indicates that the purpose of the legislation was to make it easier for a property owner to obtain a building permit through the waiver procedure rather than applying for a variance. At the Town Board meetings prior to the adoption of the local law the following statements were made: Councilwoman Oliva: That's what I'm saying. It's a lot clearer. Mr. Gardner, there's nothing in the Code right now that is going to be of help to you to tell you, yes or no, except that you're on the exempt list. But, for all those other people, if you're not fortunate to be on the exempt list, you have a problem. This makes it much clearer. William Gardner: People go through a gimmick of transferring it to other family members. William Gardner: If an individual has purchased two, three or more adjourning lots in Southold, in good faith, gotten a valid deed, title insurance, and paid taxes on each lot for five, ten, twenty, thirty or more years, he should have the right to build on this land, and to sell off unneeded lots as he could individual stocks or bonds, which he also has in his retirement investment portfolio. How can this right be legally taken away? But, this proposal provides that is the lot is not recognized by the town, it shall not received any building permits, or other development entitlements. In other words, a long term owner could suffer the loss of the current value of the lot, plus all the taxes assessed and paid to the town... In response to these comments, Supervisor Wickham stated: I think the Town officials will make every effort to help owners of property to protect their investment. Councilman Townsend stated: On Section 126 of the proposed law, waiver of merger is hereby adopted to read as follows, and then the Zoning Board of Appeals may waive the merger, and recognize original lot lines upon a public hearing, upon finding that the waiver will avoid economic hardship. So, those instances you're talking about you do have a method of avoiding this. Councilman Townsend added: Well, the whole point of this thing is that all these we were giving variances like hot cakes on this issue. In other words, if somebody complied, if it was in the character of the neighborhood, if the lot was the same size as all the neighbors, they were granted the lot. So, we were having these lengthy proceedings and hearings on case after case after case. That's why the Zoning Board of Appeals and the Planning Board requested that we do something like this, so we can eliminate a lot of the red tape. We are trying to eliminate governmental red tape, and make it easier for the people. 10. A majority of the lots in this development have been built upon. The Town issued single tax bills for each parcel since acquisition by the applicant. The applicant paid taxes on a separate building lot. This waiver will avoid substantial economic hardship to the property owner and cause no economic hardship to nearby lot owners. The exact lot lines shown in the original conveyance and in the 1927 filed subdivision map are being followed. 11. Finally, our review of prior decisions of the Board (obtained under the Freedom of Information Law) indicate that the Board has previously granted waivers of merger in circumstances similar to the instant case and should follow those precedents in granting this modest application. In short, Mr. Abbott requests nothing more than that which he purchased in 1958. ppAabbott-statement of reasons 4 L I GERARD P. 8OEHRINGER, CHAIRMAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 to 180 SOUTH LANE P.O. BOX 5 EAST MARION, NY 11939 JUNE 15, 19 RE: APPLICATION NO. 4702 - DAN AND MADELINE ABBOTT DEAR SIR: IN RESPECT TO THE ABOVE NAMED APPLICATION I REPRESENT THE GARDNERS BAY COMPANY, THE ORIGINAL DEVELOPERS OR GARDINERS BAY ESTATES, AND THE SELLER TO THE ABBOTTS. WHEN THE COMPANY FILED ITS ORIGINAL MAP WITH SUFFOLK COUNTY IN 1927 IT INCLUDED MANY SMALL LOTS. BY THE EARLY 19501S THE COMPANY REALIZED THAT THE ESTATES WAS NOT A SUMMER COLONY BUT RATHER HOUSES WERE BEING CONSTRUCTED FOR YEAR ROUND LIVING. CONSEQUENTLY, THE COMPANY BEGAN COMBINING FULL AND HALF LOTS INTO LARGER PIECES FOR SALE. I STRONGLY OBJECT TO THE ABOVE APPLICATION FOR THE FOLLOWING REASONS: 1. THE ORIGINAL INTENT OF THE COMPANY, AND THAT OF THE ABBOTS AT THE TIME, FOR THE SALE OF WHAT IS NOW LOT 14 WAS TO INCREASE THE SIZE OF THEIR PROPERTY FOR THEIR PRESENT HOUSE. SUBSEQUENTLY THEY HAVE ONLY BEEN BILLED FOR BEACH RIGHTS (AS CALLED FOR IN THEIR DEED) FOR ONLY ONE PIECE OF PROPERTY. 2. IF THIS APPLICATION IS GRANTED IT WILL SET A PRESIDENT FOR MANY MORE POSSIBLE IDENTICAL APPLICATIONS FROM THE AREA. WITHOUT RESEARCHING IT THOROUGHLY I CAN STILL NAME AT LEAST * TWENTY SUCH SITUATIONS � . 3. THE PROPERTY IS BOUNDED BY ONE OF OUR WATERWAYS. ONE PURPOSE OF THE PRESENT ZONING WAS TO DECREASE BUILDING AND THUS RUNOFF AND LEACHING INTO THESE AREAS. THEREFORE, I RESPECTFULLY REQUEST THAT YOU DENY APPLICATION NO. 4702. S RE Y ''' - PPE' 4 BOARD MEMBERS • Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 6941309 Eugene R. Barnosky, Esq. Lamb & Barnosky, LLP 534 Broadhollow Road Melville, NY 11747-9034 • BOARD OF APPEALS TOWN OF SOUTHOLD June 15, 1999 Re: Abbott Application - Request for Lot Waiver Dear Mr. Barnosky: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 In reviewing the file, it is noted that the reasons for the Lot Waiver were not furnished with the application and that the high water mark and elevations are not shown. Please be aware that the land below the high water mark is not used in calculating the lot size (ref. Section 100-239). Please furnish a confirmation from the surveyor as to the high water mark and elevations above mean sea level in the area. Also please furnish a conformation of the total square footage of the upland area for each parcel, and a general building envelope proposed for location of a future dwelling. For your reference, we enclose a copy of the standards in Lot Waiver requests. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure 6' cc: ZBA Members • • Telephone Call 6/15/99 to ZBA and Assessor's Offices noting corrected address for adjacent property owner: Mr. David M. 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OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 28, 1999 RE: Zoning Appeal No. 4702 - Dan Abbott Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application For Waiver 4701 - Dan Abbott. Also included are enclosures as per transmittal letter from Lamb & Barnosky, LLP dated April 26, 1999. 0 • LAMB & BARNOSKY, LLP ATTORNEYS AT LAW 534 BROADHOLLow RoAD EUGENE R. BARNOSKY CS 9034 ROBERT H. COHEN MARCIA L. FINKELSTEIN MELYILLE, NEw YoRK 11747-9034 GARY HOLMAN SCOTT M. KARSON (516) 694-2300 P. L. LAMB - JOEL M. MARKOWITZ TELECOPIER: (516) 694-2309 GERALD P. ROSENBERG EMAIL: theflrm Olambbarnosky.com PATRICE DOWD SHENN April 26, 1999 Town Board of Appeals Town of Southhold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 LOUIS E. BLACK JAMES F. GESUALDI ARTHUR A. LANE HOWARD W. NEWMAN JOSEPH J. SALVATORE JOSEPH H. WISHOD OF COUNSEL LLOYD K. CHANIN SCOTT P. MCBRIDE COUNSEL CATHLEEN D. ALLEN MICHAEL J. HELLER MINDY ROSENTHAL KREMER RITA FISHMAN SHEENA SHARI LEE SUGARMAN Re: Dan A. Abbott and Madeline A. Abbott Premises: Pine Place Gardiner's Bay Estates East Marion, NY Tax Map No. 1000, Section 37, Block 4, Lots 14 and 15 Dear Sir or Madam: Please find enclosed the following: 1. Building Inspector's Notice of Disapproval 2. Copy of our Application to the Building Department 3. Application for Waiver, including: a) Copy of recent tax bill b) Copies of Deeds c) Copy of the current tax map d) Check for $150.00 payable to the Town Clerk e) Title Report of First American Title Insurance Co. of NY 4. Zoning Board of Appeals Questionnaire 5. Original and six prints of survey 6. Applicant's Transaction Disclosure Form • LAMB & BARNosKy, LLP Town Board of Appeals Page 2 April 27, 1999 Thank you for your attention. ERB:pp Enclosure cc: Daniel A. Abbott Paul J. Heffernan Daniel McMonagle Nick Vogel, Esq. W4:abbott\southo1d.13 • Very truly yours, Euge a R. Barn y a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE S.OUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: February 11, 1999 To: Dan A. & Madeline Abbott C/o Eugene Baronsky 534 Broadhollow Rd. CS 9034 Melville, N.Y. 11747-9034 PLEASE TAKE NOTICE that your application dated December 14,1998 For permit to Waiver of merger at Location of Property Pine Place Gardiners B y Estates East Marione House No. street Hamlet County Tax Map No. District 1000 - Section 37 - Block 4- Lot 14 & 15 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Pursuant to Article H Section 100-25A, parcels have merged being held in common ownership at any time since July L 1983 Edward Fo er Building Department • TOMff&4 SOUTHOLD OFFICE UILDING INSPECTOR Town Hall Receipt N? 55823 Southold, New York 11971 Date........Y..'...yj ...................................... Receivedof.....,.....:..:................................................................................ ....... ......................................................................................................................................................................... Dollars For........ ..... Fee for Fee for Fee for Fee for Certificate ❑ Sign ❑ Flood Development Pmt. ❑ Building Permit ❑ of Occupancy ❑ Cash �T`ChecOL& 2-C $..................... ............................ ......... ....`................................................................... Building Department _ c c' m Q O o ;' o ,� PAYMENTS TO: MA ILYN QUINTANA, RECEIVER OF TAXES 95 MAIN ROAD BOX 117 O SOUTHOLD, NY 11971 -0959 t $- UTHOLD -'1k ABBOTT iE-tl�t i i _. Lir BILL NO. » � ». • : y. T O ?A. .= i ''•max r' i; WARRANT i t •" •• PAGE NO. ,L iii- ii � 'S e'}'=iw'�,� 'p TAX t -o BOX 4, HEMPSTEAD ;,wt},: ^� „ .-- TAXES PAID BY CHECK WEST HEi..=t" S 1 ....A , i J. ` 5 _» r_ ROLL SECTION �>L� ARE SUBJECT TO COLLECTION ACCT. NO. PROPERTY•N AND LOCATION TAX SAVINGS DUE TO STAR: ->'L11"OTAL TAX DUE: ,.} SUFFOLK T ' Y TAX rt if"l l'. Ti.- OYSTER PONDS SCHOOL OYSTER PONDS LIBRARY ''. EAST MARION ji''.if�.=.t 3'...i•:.r... DIS STHLD SOL 04ASTE DIST MAP NO. 26.126 ATION 435 PINE «.. P— ENSIONS ENSIGNS t« �'•E='— ° r"" "" OYSTER PONDSSCHOOLSCHOOL'�' TOOL DIST ? ? )P'TY CLASS :. FAMILY RE**---- so IMEMEMENEFF-70-irm7 ;. S. i if ? 'i 9T.t. a:::? ii •:r ?r L' i^ - _. - - TOTAL "n DUE r;r :r.i DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT VETERANS E.i-;.r ESTIMATE STATE AID --- WOPPLN FOR THIRD COUNTY: 2 .5 , -9- 1 7 PARTY NOTI_ TOWN:C.•:�� 10 r ^•1 SCHOOL: DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT �_ __"__ Assessed Paid by: El Other _-------- PO S O T Ti','.-.'tl:f.-' ire », lgli= r: ; BOX . OWNER'S ». HEMPSTEAD .. 11552 NAME WEST ADDRESS TOTAL TAX BILL NO. us,;"t:=::" 2ND HALF `�' '=+�• PENALTY AMT. PAID 37,-4—i5 TAX MAP NO 26.126 2.2 .00 247,187 87 73 .L .w a 19.49F 41500 45.696 w. 05.633 12.:L 5044 f^ 400-0 11.432 TOTAL "n DUE r;r :r.i DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT VETERANS E.i-;.r ESTIMATE STATE AID --- WOPPLN FOR THIRD COUNTY: 2 .5 , -9- 1 7 PARTY NOTI_ TOWN:C.•:�� 10 r ^•1 SCHOOL: DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT �_ __"__ Assessed Paid by: El Other _-------- PO S O T Ti','.-.'tl:f.-' ire », lgli= r: ; BOX . OWNER'S ». HEMPSTEAD .. 11552 NAME WEST ADDRESS TOTAL TAX BILL NO. us,;"t:=::" 2ND HALF `�' '=+�• PENALTY AMT. PAID 37,-4—i5 TAX MAP NO �MAIL PAYMENTS TO:M YN QUINTANA, RECEIVER OF TAXE*95 MAIN ROAD BOX 1179 0959 SOUTHOLD, NY 11971 - ^.» ZIS4 473889 ABBOTT DAN A BUNCO 42'i' is ,';•,•i iT iT•HOLD PO i 1-i Iwf:: LI'µ PAGE NO. 01 OF 01 1998-1999 TAX WARRANT WEST HEMPSTEAD NY 11552 ROLL SECTION i. TAXES PAID BY CHECK ACCT. NO. 04 ARE SUBJECT TO COLLECTION PROPERTYDESCRIPTION AND LOCATION TAX MAP N0. LOCATION 355 PINE PL DIMENSIONS ACRES— •w r ^ = SCHOOL DIST. 477 7 w• OYSTER PONDS 31►yD SCHOOL PROP•TY CLASS RC'S VAC LAND TAX SAVINGS DUE TO STAR: 0111, TOTAL f i i^ L TAM DUE: 442.71 L i % - . . 1 µii 9° 1 2 fY 7 i 9 S LEVY DESCRIPTION TAXABLE VALUE TAX RATE TAX AMOUNTDEC? 5} -FFCC3fNTi TAX SUFFOLK .Y 26.126 a0wL -8.6 ..UTHOLD TOWN A^ 900 140w488 i26:44 --- MIwHO (L. OYSTER PONDSSCHOOL. 900 247087 222.472.2 OYSTER PONDS LIBRARY � 00 w:=.491-7-, 17.SS i2. EAST MARION FIRE DIS 900 45,696 4103 120 I.. RIEI'L i—E MARION PK D 900 1..47 1.32 0a0 :.• i i-cLL SOL WASTE DIST 900 .i. _ i 0":: = :i .....'F 49.1 m TOTAL 1 221-35 1 2214211 DUE t : i ,` r m.5}99106101/19991 DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT ESTIMATE STATE AID APPLY FOR THIRD COUNTY:::3781 SKI; : 167 PARTY NOTICE BY TOWN: r•:,:C.: ? � .I.'::'! •:: - SCHOOL: DETACH BELOW AND RETURN WITH SECOND HALF PAYMEN► ------------------------------------------------------------------------- Assessed Paid by: 17 171 Other______._ ABBO'{ T I.IAN A Mf E.*:_Ix ij' OWNER'S _ -' NAME T HEMPSTEAD NY ii552 8 ADDRESS _ HALF l « T'! 1100NO. 1436 AMT. PAID I I 4 7 _.I.I._ f. L}. TAX MAP NO. _ - w w 9—STATUTORY FORM AA. Warranty deed with Full CovenOorpordion. t 3 Z— .IULWR BLUMBERO. INC., LAW 13LANK PYRL AN6Rl� • 71 BROADWAY AND I RECTOR 6T.. NEW Made the 4th. day of . August ) _ nineteen hundred and fifty-eight, dbW11 Gnrdners Bay Company,Inc., a corporation duly organized �xnde., the awe of the State of New ork, having its principal t�ltice of business at N-. 72 North Village Avenue, Rockville Centre, Nrissnu County, New York, _. party of the first part, :h W. Thornhill.nnd Alexandra F. Thornhill, his wife, �eiding ,ion, Suffolk County, New York, . part i e sof the second part, lt1�Q�l�Qt , that the party of the first part, in considersdon of Ten and Ob 100 (410,00) - - - - - - - - - - - - - Dollars, lawful money of the United States, and other valuable considerations paid by the parties of the second part, do second part, hereby grant and release unto the part i e sof the their distributees and assigns forever. • OIL those two parcels of land situate at East Marion, in the Town of Sout io cn, Suffolk County, State of New York, described as follows: Parcel One: Plot -shown as Lot 142 and the westerly portion of Lot 143 on the map entitled "Map of Section Two of Gardiners Bay Estates" which was filed in the office of the Suffolk County Clerk on September 29, 1927 as Map No. 275 which said plot Is described as follows: PEGINNING at the point on the northerly side of Pine Place 76 feet - westerly of its intersection with the westerly line.of Lot 145 as shown on a91d map; running thence northerly a straight line parallel with the westerly line of Lot 145 150 feet more or less to Spring Pond as shown on said rag.., and along; lanX heretofore conveyed by the party of the first part to Din A. Abbott and Madeline A. Abbott by deed recorded in Suffolk County Clens office in liber 3476 of deeds at page 461 and running thence westerly alonty Spring Pond to the westerly line of Lot 142 as shown on said mares (at a path leadiniz from Pine Place to Springy; Pond) and running thence southerly alonf� said path 129 feet more or less to Pine Place and thence easterly alone* the northerly side of Pine Place 74 feet more or less to the r)oint of beginning. P=:reel Two: Plot consisting of Lots 147, 148, 149, 150 and 152 as shown on the above described. map, subject to the reservation that in the event a street or court should be opened running from Pine Place westerly to Cedar Lane along, southeasterly line of Lots 150 and 152 that then.the parties of the second part, their distributees or assigns, will a onsent to the rounding off of the easterly corner of Lot 152 and the southwesterly corner of Lot 150 eo that vehicles may make a reasonable turn from Pine Place and from Cedar Lane into the new street or court. Parties of the second part are to have a right of way to pass and repass for street purposes over all streets on said map including "the paths* lending to the beach or Spring Pond, excepting Beach Court lying west of the Lot 163 as shown on said map and south of the southeasterly 114s of Lo 150 o,n Cedar Lane,.the fee to the land in said streets and paths, however, to remain in the party of the first part. Parties of the second part are to have the .right to use the beaoh .ly1,rig between Spring Pond and the bait and Old Orohard Lane and the Channel marked upon the said asap as "Beaoh for use 'of lot owneu * for ba tzK and. similar purposes, and are to have a right Of way over ld I roharie To �4sw� r � o*,.!�',thtl`,beeioh t0. thesaid waters, such use to be subject to such ro ;ab�ab�.b;'reetr�,o ionei;Rs bay. be',imposed' .by the . iart;y of the first part, ai>tF:'et,¢xi;_}ee,'o bq,.,in common with other persona to whom such rights may be g rs 1� ' �ytie.: valid Oardners..Bay Oompamy, Ino,, the parties of the second par, t. h0' by Oorenanti and agreeing to pay to the party d the first part 1t i- sum bf five ($5.0og dollars per year as to Parcel One and ten ($10.00), dbjUre per year as to Parcel Two for the use of suah'beaoh, these amounts t6':16e, i*ld 'to the party of the first part in advance on the first day of January.in eaob and every year beginning January 1, 1959. In the event that more than two dwellings are placed upon Parcel Two, then the beach rent ,shall be.five ($5.00) dollars per year for each dwelling. It is understood and agreed that the parties of the second part are not to reoelve any title to the land in said beach, or any rights or title to the waters and the land under waters adjoining the said beach other than a above, and the party of the first part reserves the right to out a canal or canals, ditch or ditohes, through the said beach, and to erect bridges over the same,.the use of the said beach, of the waters adjoining, and of the beaches and canals, to be entirely at the: risk of the parties of the second part, itho are to hold the party of the first part harmless from any damage or damages which said parties of the second part, or their heirs an assigns may suffer while upon the said beach or in said waters. If default be made in the payment of the sums required for use of the beach, as provided above, and should such default continue for more than sixty days, then the owners of these premises shall, at the option of the party of the first part forfeit all ri¢hts to the beach, and the party of the first part, Its successors or assigns shall have the right and power t bring all neoessary actions against the owners of the premises or any part thereof, for the collection of such sums as may be due, with interest, ouch sums to be and remain liens upon the land until paid. The parties of the second part for themselves, their legal representatives, distributees and assigns do hereby covenant with the party of the first part, its successors and assigns that they will not use or permit the said land to be used for any purposes whatever, other than dwelling or residen- tial purposes. That no building of any kind other than one dwelling shall be erected on Parcel One which shall be constructed for use and occupancy by not more than one family, plans for such dwelling; to be submitted to and approved by the party of the first part before construction is started; that no garage shall be erected upon said premises unless it be erected as a part of the dwelling thereon, plan to be approved by the party of the first part as above; the location of the dwelling to be approved by the party of the first part, before construction is.started. After completion no alteration or addition to such dwelling shall be made without the writ- ten consent of the party of the first part. The completion of a dwelling shall,,however, be sufficient evidence of the approval of the plan thereof by the party of the first partthat no fence of any kind shall be erected • or permitted on said premises whether hedge or otherwise) more than three feet high; that no outside toilet shall be erected or.permitted thereon; that no poultry house of any kind, pig sty, or kennel for more than two dogs shall be erected or permitted upon said premises; these covenants to be binding as real covenants running with the land, it being understood and made a condition thereof, however, that they may be altered or annulle at any time by the written consent of the party of the first part, without obtaining the consent of the owners of the adjoining land. As to Parcel Two: The above restrictions shall apply in the same manner as they do to Parcel Onb and as they do to other properties on the map, excepting that not more than three dwellings shall be erected upon said Parcel Two, not more than one dwellinri to be erected on any one lot. Premises are conveyed subject to the above restrictions and to zoning and building ordinances of the Town of Southold. Macretfier with the appurtenances and all the estate and rights of the party of the first part in and to said premises. 190Aabt 'anb to bolb the premises herein granted unto the part i e s of the second part, - their distributees and assign o ever, BEGINNING at the point on the northerly side of Pine Place, 76 feet westerly of its intersection with the westerly line of Lot 145 as shown on said.map; running thence northerly a straight line parallel with the westerly line of Lot 145, 150 feet more or less to Spring Pond as shown on 0aid map and along land heretofore conveyed by Gardners Bay Company, Inc. to Dan A. Abbott and Madeline A. Abbott by deed recorded in Suxfolk County Clerk's Office in Liber 3476 of deeds, at page 461, and running thence westerly along Spring Pond to the westerly line of Lot 142 as shown on said map (at a path leading from Pine Place to Spring Pond) and running thence southerly along said path 129 feet more or less to Pine Place and thence easterly along the northerly side of Pine Place 74 feet more or less to the point or place of beginning. TOGETHER with all easements and rights of way and other rights appurtenant to said premises. SUBJECT to easements, covenants, reservations and restrictions contained in deeds of record. Df)( CNI�M1E1efT I rIlOGL1i�Y �r • t i Q'i tis i, tw, at -Wt..k&_ Q Standard N.Y.B.'r.U. Form 8002-20M-6-56—Bargain and Sale Deed with Covenant agains tor's Acts --individual or Cori)i u le sheet) 4 516 ` - LIBER ma 59! 7 tillEll SL17E5 � THIS INDENTURE,e the �(7 day of August nineteen hundred and f if ty-eght ; IN ERNAj IiECE\lC 13I77J1 is�tl�i.'irot,t„ur 111 5,1111'IV'E 1'H.57'S 1 BETWEEN KENNETH W. THORNHILL and ALEXANDRA F. THORNHILL, his wife, residing at East Marion, Suffolk County, New York, 4 �- a . �. party of the first part, and DAN A. ABBOTT and MADELINE A. ABBOTT, his wife, I residingloat Sycamore Street, West Hempstead, New York, E� -H Q) u party of the second part, as as WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second -part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, �ece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being East Marion, in the Town of Southold, Suffolk County, State of New York, described as follows: BEGINNING at the point on the northerly side of Pine Place, 76 feet westerly of its intersection with the westerly line of Lot 145 as shown on said.map; running thence northerly a straight line parallel with the westerly line of Lot 145, 150 feet more or less to Spring Pond as shown on 0aid map and along land heretofore conveyed by Gardners Bay Company, Inc. to Dan A. Abbott and Madeline A. Abbott by deed recorded in Suxfolk County Clerk's Office in Liber 3476 of deeds, at page 461, and running thence westerly along Spring Pond to the westerly line of Lot 142 as shown on said map (at a path leading from Pine Place to Spring Pond) and running thence southerly along said path 129 feet more or less to Pine Place and thence easterly along the northerly side of Pine Place 74 feet more or less to the point or place of beginning. TOGETHER with all easements and rights of way and other rights appurtenant to said premises. SUBJECT to easements, covenants, reservations and restrictions contained in deeds of record. Df)( CNI�M1E1efT I rIlOGL1i�Y �r • t i 11f1' `°°� /A 7 tillEll SL17E5 � �=�' � IN ERNAj IiECE\lC 13I77J1 is�tl�i.'irot,t„ur 111 5,1111'IV'E 1'H.57'S 1 Sls1'17a I:P,ti1C71EIP.Sr}; } 05i_.'not,t..uo P 511'1'118\l; ILSIti L TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything t whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance wtih Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party” shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. . IN PRESENCE OF: (L.S . ) i L10q�11.1) PAGEODU STATE OF NEW YORK, COUNTY OF OFFOLK SS: VC:7 On the b day of August, 19 5$, before me personally came KENNETH W. THORNHILL and ALEXANDRA F. THORNHILL, his wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. LA�_ 4al�v ROBERTS. BARBEE. JR. Notary Public, State of New York No. 30-5918635 Qual. in Nassau County Commission Expires March 30, 1960 STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides.at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. '.4 u. LL 0 H o W • za bC� Ind p� Nom± Lu 0 STATE OF NEW A COUNTY OF SS: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS.- On S: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. LU U u. LL 0 "...,.. ' Lu si bC� Ind p� Nom± Lu C� od LL k v. N H W oc w `ui . P -88 ---STATUTORY FORM AA. juL%seBLumazite, INC., LAW BLANK PUBLIsHERS Warranty Deed with Full Covenant BROADWAY AND I RECTOR ST., NEW YORK o 7 AGE 461 In a,.z./L. ;z Made the and fifth=' fietwan- under the laws business at 72 New York, day - nineteen hundred GARDBERb 13AY CUMPANY 11VC. y orgrani,, . A ', a corporation dull ,ed. of the State of New York, hav-J.nq, its principal place of North Village Avenue, Rockville Centre, Nassau County., III( -± vp "i = � 0 r 'e", " , 11; =7 , =77 1=74111 party of the first part, and- DAIJ A. ABBOTT and YiADELi-,-,L A. i1BBOTT, his -wife,, residin'- at 22 Sycamore Street, 'Nest Hempstead, New York, part i e sof the second part, 7"r itne"I tb that the party of the first part, in consideration of- One i0o) Dollars, lawful money of the United States, and other considerations paid by the parti e s of the second part, do e s hereby grant and release unto the part i 0, s of the second part, as tenants by the entirety, the survivor of them, his or her distributees and assigns forever: 211 that plot of land situate at East Marion in the Tovm of Soutfii-o=ij County of Suffolk, State of New York which plot is laaown as and by the lots numbers one Iiindred forty-four (144; and the easterly part of lot ane hundred forty three (143)as shown on a map entitled. 11101a of section ITWo Gardiner's Bav Estates, situate at East Mla-r.,-Jon, Long Island" which ituap was filed in Suffolk County Clerk's office on 8eptem�!)er 23rd, 1927, under the number 275. TOGETHER with the right of way to pass and repass for street purposes over ��- all str-�ets on said map incl,,.i.ding "the paths" le,--I(lin- to the beach, the fee to the land in sai6 streets and -oaths, however, to remain in the party of the first part. TOGETHEI-1 with the right to use the beach ]-�inr, between Sprin.,-x Pon("! and the Bay and Old Orchard Lane and tl.ae Channel rwirked uuon the said, map as 'Desch for use of lot owners" for bathing and similar purposes, �7 and together with a right-of-way over Old. Orchara. Lane and over the beach to the said waters, such use to be subject to such reasonable r,�strictions as may be imposed by the party of the first part., and such ase to be in Colyfff-oil With other persons to whom such right's may be granted by the party of the fist part,, the parties of the second part hereby covenanting and agreeing to pay to the party of the first part the sum of Five (4„5X)0) Dollars per year for the use of such beach, this payment of Five (""15.00) Dollars per year to be paid to the party of the first part in advance on the first day of January in each and every year, beginning January lst, 1953. It is understood and avreed that the parties of the second part T-- are no to receive any title to the land _-n n the said beach. or any rights or title to the waters and the land under waters 'adjoining the said beach other than as above., and the paxty of the fir�lt part reserves the, right to cut a canal or canals,, ditch or ditches, througIn the said beach,, and to erect bridges over the same, the use of the said beach,, of the waters adjoining and of the -beaches and canals to be entirely at the risk of t1 --1e parties of the second part, who are to hold the party of the first part harmless from any damage or damages which said parties of the second part or their distributees or assigns ma -v suffer while upon the said beach or in the said waters. 1 If default L -e made in the payniiernt of the sum of Five (4'},5.00) Dollars for use of the beach, as provided above, and. should such default continue for more than sixty (60) days after notice and demand, then the oiTaner of these premises shall, at the option ofFe party of the first part forfeit all rights to the beach, and the party of the first part, its successors or assigns shall have the right arid power to bring all necessary actions against the owners of the premises or any part thereof, for the collection of such sums as may be due,-uitll int�:rest, such sums to be and remain liens upon the land until -oa.id. Said land is conveyed subject to the following covenants di, restric- tion: The parties of the second part for themselves, thieir distributees and assigns do hereby covenant with the party of the first part,,.pits successors and assigns that they will not use or permit the'said land to be used. for any purposes whatever, other than dwelling or reside_ itial purposes. Thai: no building of any ;Lind other than one dwelling shall be, erected on said premises which shall be constructed for use and occupancy by not more than one family, plans for such dwelling to be submitted to and approved by the party of the first part before construction is started; that no garage shall be erected upon said premises unless it be erected as a part of the dwelling thereon, plan to be approved by the party of the first part as above, the location of the dwelling to be ap- proved by the party of the first part before construction is started. After completion no alteration or addition to such dwelling shall be made without the written consent of the party of the first part. The completion of a dwelling shall, however, be sufficient evidence of the approval of the plan thereof by the party of the first part; that no fence of any kind shall be erected or permitted on said premises (whether hedge or otherwise) more than three feet nigh; that no outside toilet shall be erected or permitted thereon; that no poultry house of any kind, pig sty, or kennel for more than tWo dolts shell be erected or permitted upon said premises; these covenants to be binding as real covenants running with the land, it being understood and made a condition tier<�-of, however, that they may be altered or annulled at any time "hy the written consent of the p=arty of tyle first part, without obtaining the consent of any of the owners of the ad j oinixlg land. 9,40 said lot number one hundred forty-four (144) ,and part of lot number one hundred forty-three (143) being more Particularly described as follows: Be nni-g_at the point on the northerly side of Pine Place There it is intersect_e_-cT_by the westerly line of lot number one hundred forty-five (145) as shown on said map, and running thence westerly along Pine Place seventy-six (761)feet; thence northerly s straight line parallel with the westerly line of said lot one hundred forty-five (145). one hundred fifty (1501) feet, more or less, to Spring Pond. as shown on said map; thence easterly along Spring Pond to the point where it is intersected by the westerly line of said lot one hundred forty-five (145); and thence southerly along the westerly line of lot one hundred forty-five (145) , one hundred thirty (1301) feet to the point of beginning. _U ei with the appurtenances and all the estate and rights of the party of the first part in and to said premises. go We at* to bolb the premises herein granted unto the part i e s of the second part, a t en an t s eby the entirety, the survivor of them, his or her distributees, and_i sWgWforever, SO the party of the fir3Tpart covenants as follows: .'/ 6 PAGE 463 irlit. —That the party of the first part is seized of the said premi)e��rn fee simple, and has good right to convey the same; eCOnb. --That the park es of the second part shall quietly enjoy the said premises; irb. —That the said premises are free from incumbrances; except as aforesaid; DUr . —That the party of the first part will execute or procure any further necessary as- surance of the title to said premises; ice -•—That the party of the first part will forever warrant the title to said premises; !X .—The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. In Witte.52; lvereoi, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer— the day and year first above written. n pregente of GA:RDh LRS BAY COMPANY INC. By ......................................................... resident. ---------------------••--•-------------- .-.----- +� ��a .moi ,a �� .:: �; • ✓ � . ° � C'i '': rrJd U�. cr r 7 0 • M fR64 `iOa f N 'd�YORK , Countr of INASSAU. On the ---� - day of — — 1953 before we came -- �fier=isonJ3. ri ht to me known, who, being by me duly sworn, did depose and say that-- he resides lac at 320 Hempstead avenue, Rockville Centre, flew York, that'_ he is the — President of- GARD IEH6 BAY COMPANY INC., the corporation described in, and which executed, the foregoing instrument; that— he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of ----directors of said corporation; and that -he signed h i s name thereto by life order. �• 4&W&-0z— TOSEpH H. GLENN NC yxkY PUBLIC,State o 0New York Qualified in Nassau County, Cert, filed with Suffolk County .Clerks Office 1fArm Exfairos Mand; 34. la " M cc, E -i E --i 10 i:_, M 0M A .�4 �1 �4 Jo :4 pgCH i R CO RD ,V ft RD 1JUGHE3 ,11r County C-13 Cd Q) N +-) v x • a1 o -0 r --f H y I O H .1-4 •rf (3) .n w� �>P4 �4 0 P OCT. 7. 1999 1 `3PN EUGRNA R. 9AgNO9KY ROEERT H. COMEN MARCIA 6. PINKELiTEIN GARY HOLMAN 90077 M. KARSON P. L. LAM■ JOEL M: MARKGWITZ GERALP P. Ro99NpIMgA PATRIOE DOWD ENENN LAMB & BARNOSKY, LLP LAMB & BARNOSKY, LLP Arr=?R MYS AT LAW 534 aROADKoLLOw RoAn C'S 9034 Nvffic..vm.Ls. Nsw YORx 11747-9034 (810)1904.2300 T[LQOOPIHR: (616) 094-2909 EMAIL: cheflMIDIAMbOAMOIKY•09111 VIA TELEFAX & FIRST CLASS MAIL Town Board of Appeals Town of Southhold Town Hall 53095 Main );toad P.O. Box 1179 Southold, NY 11971 Attention.: Gerard P. Goehrin.ger Chairman Re: Dan A. Abbott October 71 1999 1 NO. Ki e Louie [. SLACK JAMES F. GESUA1.41 ARTHUR A. LANK HOWARD W. NEWMAN J09ERHJ SALVATORE JOBpPH H- W19MOO OFCQUNeEF I.LQYD K. CMANIN 9001rT P. M09R115E ODUNs" CATMLEEN D ALIEN MIGHAEL J. HELLER MINDY RO9*NTHALKREMKR gITA FIBHMAN SHMANA 9HAR1 LEE 9UGARMAN Premises: Pine Place Gardiner's Ba Estates East Marion, Y Tac Man No. 1000, Seat. on 3.71_ Block 41 Lots 14 and 15 Dear Mr. Goehringer and Members of the Board: I have been advised that the Board did not render a decision on the above application at its meeting of September 30, 1999. Needless to say, my client is disappointed since his application has been pending since April. As a village attorney for two Suffolk County villages, Z appreciate that many delays (e.g. hurricanesl) are unavoidable, but we would respectfully ask the Board to render a decision at its October meeting. To assist you in framing your decision, I thought it would be helpful to highlight several portions of the record: 1. The purpose of the waiver of merger local law (5100-26) was to eliminate the Zoning Board of Appeals backlog of applications for substandard lots and to make it easier for applicants to obtain recognition of lots legally created which were inadvertently merged.' " Town Board Minutes November 28, 1995, pp. 55-64; TOWN ATTORNEY DODD "As another safety valve the Zoning Board is able to waiver mergers, if the waiver ... is consistent with the size of other lots in the neighborhood. So, there's a safety valve there. .. , . - _ _ . ­ -11L a L.L_r NU. P. J/5 LAMB & BAMOSKX, LLP Town Board of Appeals October 7, 1999 Page 2 2. 1 have obtained under the Freedom of Information Law all of your decisions rendered under this local. law. Of the 32 decisions rendered since 1996, you have granted the application in all but 8,cases. You have always granted the application where the proposed lot is consistent with the size of lots in the neighborhood. In Section II of the Map of Ga.rdiner's Bay Estates, there are 52 tax lots .29 acres or less. It cannot be gainsaid that the "neighborhood consists of lots similar in size."` 3. The unrebutted testimony of our real estate expert, Paul Heffernan, demonstrated quite clearly that the erection of one additional home on Lot 14 would be consistent with the development of the neighborhood and. would have no negative impact on adjoining property nor decrease property values in the area. Mr. Heffernan also testified that Mr. Abbott will sustain a significant economic loss if the application was denied.' 4. In Hatfield v. Kempner, 35 A.D.2d 1010 318 N.Y.S.2d 754, aff'd 33 N.Y.2d 875, 352 N.Y.S.2d 443, the owner of a quarter acre substandard lot applied to the Zoning Board of the Town of Harrison in order to construct a one -- family home. Proof was adduced that the applicant could sell the lot for $16,000 with Zoning Board, approval as opposed to an offer from a neighbor for $12,000 for a non -buildable lot. While the dissent cited a merger a title and the low purchase price ($11500) of the lot, the This is the language used in many of your prior decisions as a critical factor in granting the application. The fact that both lots have appreciated in value since 1953 does not negate the unrebutted expert testimony as to significant economic injury, As indicated in the legislative history of the local law, Supervisor Wickham confirmed that protection would be afforded to persons such as William Gardner of Nassau Point, Cutchogue, who had stated at the hearing; "If an individual has purchased two, three or more adjoining lots in Southold, in good faith, gotten a valid deed, title insurance, and paid taxes on each lot for five, ten, twenty, thirty or more years, he should have the right to build on this land, and to sell off unneeded lots as he could individual stocks or bonds, which he also has in his retirement investment portfolio." We submit that Mr. Abbott's situation conforms precisely to these criteria. LAMB &. BARNOSKY, LLP Town Board of Appeals October 7, 1999 Page 3 majority concluded that the applicant would suffer significant economic injury and overruled the Zoning Board determination. This holding was affirmed by the Court of Appeals, the highest Court of this State. 5. Mr. David Wirtz, the adjoining neighbor, in his comments to the Board and in his letter of August 30, 19999 did not object to the lot being unmerged but was rather more concerned about the type of house which would be built. When, at the chairman's request, I (without the'benefit of a surveyor) drew a pro forma building envelope on the survey, it was not intended to precisely outline the footprint of a house. That application is not before this Board and will not be before the Board unless an appeal from a building permit application is filed. Legitimate questions as to the size and location of the house, the grading, the drainage, etc. may and should be raised at that time. 6. The Gardiner's Bay Homeowners Association, Inc. supports Mr. Abbott's application. 7. The record is clear that the lots were bought several years apart each as a legal building lot. The price paid For each lot reflects its legal buildable status. The assessor treated the lots as separate and the Abbotts paid taxes on separate tax lots, The Abbotts treated Loft 14 as a separate building lot; they never expanded their existing home onto the lot so as to preserve its buildable status. The lot remains vacant and of the same dimensions as the legal building lot which they purchased over forty years ago. S. The deeds into the Abbotts restricted each of the lots to one dwelling. Clearly, the intent of the Gardiners Bay Company and the Abbotts was that each lot was a buildable lot. 9 Mr. Wirtz stated "As I have indicated orally, my concern is not so much that a house will be built there... My concern is that whatever house could be built on the quarter acre will necessarily be either a tiny one story or a ridiculous two story house... IAMB & BARNOSiCY, LLP Town Board of Appeals October 7, 1999 Page 4 9. Based on the foregoing, it is clear beyond cavil that Paragraphs I, 2 and 3 of your waiver of merger law have been. amply fulfilled. 10.With respect to paragraph 46 of your waiver of merger law, while the proposed lot is somewhat sloped, there is no evidence that a significant change in contour or filling will be necessary. The Board in previous decisions' has granted waiver and held "the relevance of such factors has not been sufficiently established for consideration in this waiver of merger request. in the alternative, the Board has granted waivers conditioned upon the applicant submitting a covenant that the land will not be filled. Mr. Abbott would likewise submit such a covenant if the Board deems it appropriate. In short, there is not one scintilla of evidence in the record to support a denial of this application. We respectfully request your favorable determination on October 14, 1999. Thank you for your attention. ERB:f1 cc: Dan A. Abbott Paul J. Heffernan Daniel McMonigle Nick Vogel, Esq. F1aw1s\Dna\AB80TT\S0UTH0LD L9,4oc Very truly yours, Eu ne R. B osky 5(1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contour and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ' Application No. 4501. s Application No. 4353. APPLICANT 'TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts interest on the pari: of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow It to take whatever action is necessary to avoid same. YOUR NAME: DAN A. ABBOTT (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 �X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The Lown officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 591 of the shares of the corporate stock of the applicant (when the applicant Is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of tile applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this a 7 day of r/% 199_ Signature x ,r s Print name Dan A Ahhott 11 QUESTIONNAIRE FOR TILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any individuals (and entities) having a financial interest subject premises and a description of their interests: (Separate sheet may be attached.) DAN A. ABBOTT other in the B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( x) Yes ( ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { ) Yes { X) No D. 1. Are there any areas which contain wetland grasses? yes, 2. Are the wetland areas shown on the map submitted with this application? No , 3. Is the property buLkheaded between the wetlands area and the uDlai.d building area? Yes 4. If your property contains wetlands or pond areas, have you contacted the Of f ice of the Town T� .is tees or i �s determination of jurisdiction? Yes E. Is there a depression or sloping elevation near t o area cf proposed ccnst_Z1_'c tion an or below five feet above me=..n sea level? NO (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 submitting? No If none exist, please state "ncae." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a car of your building permit and map as approved by the Building Department. I 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 single family residence and proposed use single family residence 7/7 Aut::orized Signal = e and Date 3/37, 10/901k § 97-13 WETLIUYDS § 97-I3 TOWN _ The Town of Saut.! old. TRUSTEES — The Board of T a-stees of the Town of Sout olcL (ridded 6-5-84 by L -L. -No. 6-19841 _NDS (Amended 8-26-70" by LL. No. 2-1976: 3-25- 85 by T I Na.6-ISSS -r- -, r A. i1DAL 71"ETLA-VDS: (1) All.lands generaily covered or interni;—. rnti), ccv- . area :vita. or which �_-crcer on. :'dal waters. or iands lying beneath :idai wa:ars. w;;ich at rne:n lowtideare covered by tidal :eaters - a Maximum dept of five (5) feet inc!-• ing but :os limited to banks, bogs. salt marsh. swamps. meadows, Bass or oc:zer low lysing lands subject :o tidal action: (2) All banks, bogs. meadows. ?.ass and tidal marsh subject to such tides and upon .vnichgrows or ;may grow some or any of the following. salt hay. black grass. saltivorts, sea lavender, tall cordgr-ss, nigh bush.. cattails. g_aundseL m-- W ar:a low amrrz carr4r_-. = :a!.r. r (3) All land immediately ad,'acens'a a'tidal wetia'd as defined in Subsecton AM --.:d lying within— (7 5) feet landward of the most landward edge of such a tidal wetland. 3. FIRE SHIVATER WETLzINDS: (1) " 'resfiwater wetlands" as denned in Article 24. Ti - tie 1. § 21-0107, Su�-di:•isions 1(a) to I(d) inclusive. of the Environmenca Cjnserra:ion Law of the State _ of New York. and (2) All land immediately- adjaccnt to a "freshwater ;ret. land," as defined in Subsac:icn 3(1) and lying ,vith- in seventy-five (75) ;eat laudw :rd of the most 1--d_ ward edN-c of a "fresn%va:er xedznd. in FOR BOARD AND STAFF USE U dat d New Information lb-�s x'99 7 -) • 2 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 30, 1999 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 Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30, 1999 at the time noted below (or as soon thereafter is possible): 5:30 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. (Continuation from July 22, 1999). This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. The adjoining lot 1000-37-4-15 is improved with a dwelling and is referred to as 435 Pine Place, East Marion, NY. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 16, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----- ----------------------------------- x In the Matter of the Application of DAN and MADELINE ABBOTT (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 37 - 4 - 14 & 15 ------------------__—��------------- —x COUNTY OF SUFFOLK) STATE OF NEW YORK) f AFFIDAVIT OF POSTING I, DANIEL MQKONIGLE residing aHS west Lane, East Marion , New York, being duly sworn, depose and say that: On the 22nd day of September, 19 99 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which h aring date was shown to be - & 9/30/99 41/ Y "W -i (Signature) SwQjrn to before me this .7q "h day of Soem 6-,19? . WASA ~Aha� an OF NON IM (Notary Public) AV XAMU OOtNVrr ap p NO —am *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -------------------------- ------------ x la the Matter of the Application of Dan & Madeline Abbott (Names of Applicants) Parcel ID #1000- 37 - 4 - 14 & 15 ------------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, PAULA PUXIO residing at 24 David Avenue, Hicksville , New York, being duly sworn, depose and say that: On the 21 st day of September ,19 99 , I personally mailed at the United States Post Office in Melville , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or (I County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this 24'Alay of September '199% (Notary Public) MO "DOW PUS wwvm% CO ,. AWA 1119 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices ivere mailed Thank you. 10000-37-4-17 x 10000-37-4-11 10000-37-4-16 1000-37-4-13 10000-37-7-8 10000-37-7-10.2 Gardiners Bay Estates Club Inc. ✓ Gardiners Bay Estates East Marion, NY 11939 Gardiners Bay Estates Club Inc. Gardiners Bay Estates East Marion, NY 11939 Daniel C. Mooney Maureen M. Mooney 89 Pershing Ave. Locust Valley, NY 11560 David M. Wirtz O Pine Place P.O. Box 351 East Marion, NY 11939 Thomas J. Aprea, Jr. V 172 Golden Beach Drive Golden Beach, FL 33160 Arnold Blair & Karen Blair ✓ 301 East 474' St. New York, NY 10017 c -3- N n- 0-2 rip Q. B . o � M j'-.2 8 —CD 0 N C. § N . ig LL. 8 x . 0 ' 0 7 S, E 1) rr a ci 566E IIJd uuod Sd k 46 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 30, 1999 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 Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30, 1999 at the time noted below (or as soon thereafter is possible): 5:30 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. (Continuation from July 22, 1999). This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. The adjoining lot 1000-37-4-15 is improved with a dwelling and is referred to as 435 Pine Place, East Marion, NY. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 16, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski • KEY MAF? SCALE I"=600' • LOCATION MAP SCALE I"=100' /)ON/) ON/) S js'46 N 82.43' 30" E 23.61 S 78.3 1 0 g.6p E S Z I All 4ab °4 op q/3 •� S(V 1 �I S�()q �// n�l 0 Ewn o p(.E; / k f�1 h Z 9t. 2 .� FRAME TORY � o yOUsf ry a 6*--f,uApposT I 01 - Z FENCE N JS O O C m m " o W 01 � SNI I -.A N77-09 '301, ,^ o0 r , w o +� .-KADE FENCE n m • 4 • • • • D • ` • . AROUND (OJMADF CA145 �. :ODE Of PAKY(Nf 76 I n C; Ili WON •' ,A D � E D FAX No € I1000 04 14 a � I � I90 to P I LOCATION MAP SCALE I"=100' /)ON/) ON/) S js'46 N 82.43' 30" E 23.61 S 78.3 1 0 g.6p E S Z I All 4ab °4 op q/3 •� S(V 1 �I S�()q �// n�l 0 Ewn o p(.E; / k f�1 h Z 9t. 2 .� FRAME TORY � o yOUsf ry a 6*--f,uApposT I 01 - FENCE N JS M,OOD CONC YON N RNl FENCE 82'07'42. m m " o W C 0.5 - i 79.97' .....NON Oi OL" -- N77-09 '301, ,^ o0 r D w • 4 • • • • D • ` • . �. :ODE Of PAKY(Nf 76 . 11NI� I I C; Ili WON •' ,A D � E D OFFICE OF • ZONING BOARD OFAMEA 53095 Man Road LS (516) 765-1809 SOUM0/4 Ny11971 Sfax�76_5-9�064 eptember 16, 1999 Re: Chapter 58 —Public Notice for Thursda Dear A Y, September 30, 1999 Hearing pplicants: .Please find enclosed a COPY Of f the Legal Notice describing ssue of the Suffolk Times Your recent application. The Notice will be published n Pursuant to Chapter 58 of the application and hearing Southold Town Code co PY location with the setbacks and u ailed and shall include a ma enclosed), crural notice of RECEIPT REQUESTED use noted. Por sketch showin Your Improved) ' as soon as Possible Send this Notice CERTIFIED MqI� g the new )surrounding yours, including land across ith he map to � owners of land 'RETURN Your property. Use the current addresses show (vacant or Town Assessors' s any street or right-of-way that borders Office (765-1937 non the assessment rolls maintained b t know of another address fora 37) orrtthe Coun as well, tY Real Property Once in Riverhead. y he YOU may want to send the notice to that address Please submit your Affidavit of Mailingss Post office receipts postmarked, t0 us by the Friday before the hearin by the Post Office, Please mail or deliver When the r g date, with the Please advise the g een signature cards are returned to you Board at the hearing, them to us. If any signature card is not r You must returned, ost the enclo ed si n more than 10 feet from no later than 9/23/99, post the sign facing than one street or roadwaur front property line borderin 9 the street, no Sign(s) must remain in place for an isY. a sign enclosed to 9 the street. g eOc border sed for the front more Posted through the da �g (7) days, and if d facing each one The After the signs have Y of the hearing. If you need a replacement�ssible, should remain Posting to us for the been �n Place for seven 7 sign, please contact us. Permanent file. () days please submit your Affidavit of If You do not meet the deadlines stated i be necessary to cancel your hearing if the n this letter, please contact u required steps are not followed, promptly' It may Thank you for your cooperation. Very truly yours, ZBA Office Enclosures c.or 06) VEK — SuBSTHNDAjed nor 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: DpvN Ara mft4)E-LiQ 6- asbTT DATE OF PUBLIC HEARING: 5ef+,6 30,, 999- , 5436 P.:%,. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 3S5+ Lf 35 PINE ptact� EAST M 6 �Y i a _ 6'1 �mo.744 . Appl. N4-- b — ; t"' A ' 7:00 p.m. Appl. N( 24 - - - ibisJDY DART, �E4 M XINE . . request for Variancets un. (Continuation from July 22, 1999 derArticle II, Section 100-23+Cpur_ hearing calendar). This is a request r` suant to'.a Notice of DisaPpOUT41 for Variances based on the June 14, RDAI' ,,?► Member 1,1998; andap�. 1999' Notice of Disapproval for a THURSDAY, request for a change k 101 proposed single -family dwelling SEPTEMBER 23,1999 B ions with respect to lot) A with respect to: (a) insufficient set- NOTICE IS HEREBY GIVEN, with insufficient lot hwkjS min the top of the L.L-Sound pursuant to Section 267 of the Town 46 and width (area less fltwta 40400 sq. ft., lot de ilii at less than 100 feet at its clos- Law and the Code of the Town of depth at less (b) insufficient Dd. yard Southold, the following applications 250reet, and lot width at less than at low that an 20 feet on one-side; (c) will be held for public hearings by 175 feet in this R-40 Zone District)• insufficient total combined sides at the SOUTHOLD TOWN BOARD Location: Fast Side of Peconic 1.400 y0 45 feet; (d) building heieLs OF APPEALS at the Town Hall, and the South Side of North R (CIL 48) Peconic; C1M #1000. than the code limitation of 53095 Main Road, Southold, NY 3-15 fleet. Location of Property: North 41971, on THURSDAY. SEPTE114 620 m. A of Private Right=of-Wsy' RER 30 ]999 at the times noted P' Appl. No' 4 Road #11 extending off tip below (or as soon thereafter is' This a request 0 sible): Pa- Variance under Article II 'side of Sound Avenue. SecWn 100-30A3 based u i, ck, NY; Parcel No. 1000. 530 p.m. AppL . No. 4702 -)( upon i44te 24, 1999 $ " „ Department's Notice of Di Board of Appeals will at (Continuation from July 22, 1994). 41me and place hear any ami This is a request for a Lot Waiver prtwal, for approval of the location ns or representatives de under Article II, Section 100-26 for u[ an "as built" addition with het alb ° P coverage .in excess of the 20% c*6. to be beard. in the above ap- a substandard vacant lot referred as 355 Pine Place, East Marion, , I limitation and with a rear yard Ot plications or to submit written state- less than the code requirement of SB mooM before the hearing is conclud- Map of Gardiners Bay Estates, NY,. East► hearing will not start earli- identified on the Suffolk Count feet. Location of Property; 5035 Y Peconic Bay Boulevard, Laurel, ar *m designated. Files are avail- Tax Maps as District 1000, Section NY, Parcel No. 1000-128-1-15. 4110 for review during regulation 37, Block 4, Lot 14. This request is 6:30 p.m. Appl.No. 4746 'Jr Hall business hours (8-4 p.m.) based on an application for a build- ALBERT J.` KRUPSKI, This is a On have questions, please do not ing permit and the Buildingrequest for a Variance under Article bsittoteto call (516) 765-1809. Department's February 11, 1999 III, Section 100-33B based upon tl0t Deeds September 16,1999 Notice of Disapproval which states i August 24, 1999 Building ( 'GERARD E GOEHRINGER, that Lots 14 and 15 in District 1000, Department's Notice of Disa CHAIRMAN Section 37, Block 4, have merged proval, for approval of the location SOUTHOLD TOWN under Article II, Section 100-25A, of an "as built" accessory building BOARD OF APPEALS due to common ownership at any with a rear yard setback at less than 5305 Main Road time since July 1, 1983. The adjoin- the code requirement of three (3) Southold, NY 11971 ing lot 1000-37-4-15 is improved feet. Location of Property: 36050 1845-ITS23 with a dwelling and is referred to as C.R. 48 (North Road), Southold, 435 Pine Place, East Marion, NY NY; Parcel No. 1000-694-6. 5:35 p.m. Appl. No. 4739 — 6:35 p.m. (Continuation from JOANNE AND WILLIAM Dim prior Meetings): Appl. No: 4685 — jtj. This is a request for a Variance VINCENT TORRE. This is a re- under Article III, Section 100-31C.4 quest for a Variance under Zoning for the use and location of an aoces- Code Chapter 100, Article III, sory swimming pool, constructed Section 100-31C(2) based upon the under Building Permit No. 18782, at ji October 20, 1998 Notice of Disap- 1105 Orchard Street, Orient; Parcel proval (updated January 27, 1999) Nos. 1000-25-2-20.17 and 19.1. This regarding a building appeal is based upon the July 28, g g 8 permit rnfor 1999 Notice issued by the Building cation to convert accessory barn for Department, disapproving an appli- retail sales t conjunction with cation for a Certificate of Occu- pancy, applicant's Art Studio and Gallery, panty, for the following reasons: disapproval for the reason that .� retail sales and a gallery for public Swimming pool or tennis court incidental to the residential use of viewing ut aO0°NO mA�Og is the premises and not operated for Pfd 60 it this A-C gain parcel does not con- zoda Lacotioo 0f #wpmr.100 STATE OF NEW YORK) twin : use. Spand ,. bGdt. NY, )SS: rw od No. i ii 1.. 82)�► CO K TY OF SUFFO ) tftA i1iARE " w Jbwood up011 Is SwftY STORE). Variances are requested �J I t/� S of Mattituck, In said '*M dig JW79sd been under Article X, Section 10-102 to m the rui_ county, being duly sworn, says that he / she is locate a proposed addition with rear den tot, these lots were sepa- and front yard setbacks at less than principal clerk Of THE SUFFOLK TIMES, a rated by ZBA in Appeal #2104 the Code requirement and under dated March 26, 1976 and have not Article X, Section 100-103C for a weekly newspaper, published at Mattituck, in merged." . proposed (addition) with extended the Town of Southold, County of Suffolk and 5:45 p.m. Appl. No. .4740 — frontage, greater than Code limita- GFORGE AND JEAN BRAUN. tion of sixty linear feet in this State of New York, and that the Notice of which This is a request, based upon the General "B" Business Zone the annexed is a printed copy, has been regu- July 22, 1999 Building Inspector's District. This request is based upon Notice of Disapproval, for a Vari- an application for a building permit laxly published in said Newspaper once each ance under Article III-A, Section and the Building Department's t 100-30A.4 for approval of a side April 5,1999 Notice of Disapproval. week for 1 weeks sl( g the ccessively, yard location of the existing acces- Location of Property: Hart's commencing n r d day sory garage due to the proposed Hardware Store, 50000 Main Road construction of an addition to and Jockey Creek Drive, Southold, of Q �u dwelling. Existing garage is cur- NY Parcel No. 1000-70-5-6.2 (cor- rently in the rear yard, located at nen lot). 2005 Bay Shore Road, Greenport, 6:50 p.m. Appl. No. 4747 NY, Parcel No. 1000-53-4-11. PAMELA AND DAR N P N 5:50 p.m. Appl. No. 4741 — ncePrincipal Clerk . CHRISTOPHER M RY. A ' This is request for Vari- t P- ance under Article III, Sections 100- plicant's request for a Variance is 31Cand 100-33, .based upon the - based upon the August 13, 1999 revised Building Inspector's Sworn to before me this 7 Notice of Disapproval, and Article September 8, 1999 Disapproval for day Of SEp/ . 19 q1? XXIII, Section 100-239.4A,1, for a a proposed storage barn/budding to proposed location of an accessory be located on a vacant lot, without swimming pool in the rear yard with an existing principal use. Location /tj7lhS ,� MARY DIANA FOSTER a setback of less than b feet from of Property: 2905 Arbor Lane, NOTARY PUBLIC, STATE Or NEW YORK the top of the bluff or bank of the Mattituck, NY; Parcel NO. 1000- N052-4555242, SUFFOLK COUNTY Long Island Sound. Location 1134 . -2s, 2�I Property: 2735 Soundview Avenue, - - COMMISSION EXPIRES AUGUST 31, Mattituck, NY; Parcel No. 1000-94- 1-13. 5:55 p.m. Appl. No. 4742-SE — MARY ELLEN WHITTET k THOMSON. Applicant requests a Special Exception under Article III, Section 100-31B(13) for approval of "as built" Accessory Apartment use, in conjunction with applicant- owner's occupancy of her residence located at 6230 Peconic Bay _ d, Laurel, NY Parcel No. .3. APPEALS BOARD MEMBERS Southold Town Hall ~5,`y�� �Gy 53095 Main Road h(k `Gard P. Goehringer, Chairman o :�c P.O. Box 1179 J ��,p� James Dinizio, Jr. coo,? Southold, New York 11971 o. �9'" � Lydia A. Tortora `'' Y • �- ZBA Fax (516) 765-9064 Lora S. Collins 1 ��4� hone (516) 765-1809 George Horning O'EIVED AND BOARD OF APPEAL Ti' SOUThOi,,D FILED By CLERK TOWN OF SOUTHOL D,:Z Tot�wrl �1a g %�T xo uR3 MINUTES THURSDAY, JUNE 24, 19 Clerk REGULAR MEETING -o'°f S'oufhold A Regular Meeting of the SOUTHOLD TOWN BOARD OFA held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, J 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as 'Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Bdggman #4707 - Nancy Wellin #4708 - Mark Ueb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. J 0 Page 2 — Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Homing. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Matdtuck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to.close the hearing. This Resolution was.duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Homing, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Eugene R. Barnosky, Esq. Lamb & Barnosky, LLP 534 Broadhollow Road Melville, NY 11747-9034 BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 1999 Irl Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Re: Appl. No. 4702 - Dan and Madeline Abbott (Lot Waiver Request) Dear Mr. Barnosky: This will confirm that the public hearing on the above application will continue on July 22, 1999. The hearing is scheduled to begin at 7:00 p.m. (or as soon thereafter as possible). If you have any questions, please let us know. Sincerely yours, Linda Kowalski Board Secretary NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 1999 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, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 7:25 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. CTM Lot 15 is a house lot referred to as 435 Pine Place, East Marion, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski w ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----------------------------------------- x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 37 - 4 - 14 & 15 --------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) LJ AFFIDAVIT OF POSTING I, DANIEL MCMONIGLE residing at West Lane, East Marion , New York, being duly sworn, depose and say that: On the 16th day of June ,19 99, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has r to the date of the subject hearing date, which 6/24/99 Sworn to before me this 934"' -day of Ton& , 19� . in place for seven days prior d - a how to be n I (Signature) / ldhft� Is (Notary Public) M mom OOf W AMSlVA� SSSW *near the entrance or driveway entrance of my property, as the area most visible to passersby. 0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------- ---- ------ -------------- x In the Matter of the Application of Dan & Madeline Abbott (Names of Applicants) Parcel ID #1000- 37 - 4 - 14 & 15 ----------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) U AFFIDAVIT OF i t1vt�� N 91999 1, PAULA PUCCIO residing at 24 David Avenue, Hicksville , New York, being duly sworn, depose and say that: On the 7th day of June ,19 99 , I personally mailed at the United States Post Office in Melville —9 New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or 00 County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this 7thday of /June '199-9. (Notary Public) NOp11111 ___��NrR ce rb I P . =710MMA Ia._9 PLEASE list, on the back of this Affidaiit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices ivere mailed Thank you. �.a Southold Town Board of Appeals Application No. 4702 Dan and Madeline Abbott Affidavit of Mailings: P 406 10000-37-4-17 A 4n6 10000-37-4-11 V 10000-37-4-16 P 406 265 738 A 4n6 265 739 P 1.7n 7ma n,, P 170 322 038 P 240 319 523 US Postal Service xb �O' Receipt for Certified No Insurance Coverage Mail Do not ire. Provided. Postage Certified Fee SPedal Delivery Fee h Restricted Delivery Fee rn Return Receipt Showing to Whom & Date Delivered .9. Re40 Receipt Showim m wr _ TOTAL Postage &Fees Postmark or Date LE a Gardiners Bay Estates Club Inc. Gardiners Bay Estates East Marion, NY 11939 Gardiners Bay Estates Club Inc. Gardiners Bay Estates East Marion, NY 11939 Daniel C. Mooney Maureen M. Mooney 89 Pershing Ave. Locust Valley, NY 11560 d C'/4 1krc Wirtz .venue 9-C NY 10028 .prea, Jr. Beach Drive ch, FL 33160 it & Karen Blair %61 St. NY 10017,, 0 I iePls asJanaJ a i, , v N g 43 uo 130301dwoo `° in $a me'd. cc >� Q d LaplB as�aAe e `o et 84i uo p°ieldwc. _ y a Jn0A a NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 1999 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, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 7:25 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. CTM Lot 15 is a house lot referred to as 435 Pine Place, East Marion, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 7.. � 1 r tj(%/��1 v � rjj 1 I KE Y MAP SCALE 1"=600' • SPRING POND LOCATION MAP SCALE 1"=100' 321 � 77.3. N 1>>5 26 29. 4 4 36,. E S 06 — )5:�6. N 82.43' 30 E 6�.Lq 23.61' S 78.39,0p» E 19.60 a = _ S / I 01D W000 STEPS o w .rte q , \ O zt`\ tWo w O I + W TDs O O O S W m h G sot OR m AROUND GAR9AOE CANS I QQE ?0 J• �� 1 21.3' y S. C. TFR;4 TORY o b £ AX No I1000-37-04- 14 a� , yOUSF h� y ��' J A IJ2-` - LAMPPOST Ai 70 00.S,C 3�� r No C�z o w 04-1 CONCF MON. FENCE 0.4'E P E. carocF MON. N 82.07'42" W FMCE k. 0 °'s 79.97'' eR1gN Z N 77.09,30» \, o N o , •. D , • D • EDCF OF PAVEkf T 76.0 . E .D .A � . - ' . %� . • PINE PLACE� p' NO • , . • • : j `�. D • D . Zor WAi 7w- y �`%" /.S SudsTA.rDAr'sD 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: ,]�Rn/� /Y%9DEL/NE AS�OTT DATE OF PUBLIC HEARING: .TcwE999 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 4 p.m. BOARD OF APPEALS •TOWN F SOUTHOLD (516)765-1809 �� 3 SS � 3S P,1,1.�9cE, -ST ��'iD•ti — r -- mission locate an ,accessory - groun mina nml, m an area other awe rej060 rear y4TA at .30100 Main Ro4d, Catchogue. P' 7 -p n 25� �41N 702 r 11 At is a re Wg0r, ,q*- J• r Aftwk)l 'S ion k , i I . �_� _ qcti..!i I , standard-v4a,n;.Aq�-refe;Ted to, as 355 Pinq of, Pardiners, 134Y "E"atec, y..;141=47 fled on the Sufloft . _,Coimty ZU Mips as DistrKt40Q0, $q '04on-31, $mak 4, Lot 14 This pq $, based d 94 an .�k duo to size; which states 0 y At 26: for atbstaridard °(vacant) °lot District -..1000, known: is,2751YWW�- L*,(we%: 4 "at NY JAMESHUN for a VaFi4tPP; : merged merged 9W ouce. approximately '112, fM4ofth`)Dt'thez,, Acd as' -Parcel Main -.Road, idenii r Section I00.2! -1000-114-64. Tl�is),equest is' ownership it; bu"AS , W '99 otice �39 1983.;.,CTM IL re'orredto. 4 Karion. N.X. "of Disapproval, , estates that 7:30 p.m., NANCY WEI , AttiCle I, 00.25 meiged= f2oi =2,4 �Z q t1wIlot lFt �A"af house lotto _�,NYL 7"1 'T for a Lot,wsj req, "Ak,o Siction- 100.21 A -W XELLAI requestedtoextepd3hawuitit UY of two buildings, sufficient,f cnea N. 1.0 rWh f din q. -*. BuWm11e 47,,jqqqNoti6i.ofj . based an; anti be Py, ih6ld oq -pet* 4 Apep Elpps0"po.", 16 L4$, My -anc ski N Ula 06 -GO �100 ,x-i,c M-A.W 1 %In"- A&V tiv after 1w, W4 alsc� i P=C=A�"M As; 4 12. Vorpe —W, - request for 'a'- .VX anFpc_,Minder , duo to size; . Chapter,'.100, Amide IISectioa:100- y At 26: for atbstaridard °(vacant) °lot 7:351. P.M. known: is,2751YWW�- L*,(we%: 4 "at NY JAMESHUN for a VaFi4tPP; side),Matt'ituck"i $,tU&t ed. 9W ouce. approximately '112, fM4ofth`)Dt'thez,, Acd as' -Parcel Main -.Road, idenii r * 00arcei the 4 -1000-114-64. Tl�is),equest is' building upon 9. `aw'app permit hand OW Wng bu"AS , W '99 otice �39 (9 "of Disapproval, , estates that �e�° AttiCle I, 00.25 meiged= f2oi =2,4 �Z q t1wIlot lFt �A"af house lotto _�,NYL 7"1 the west' reftn 4`0U Road,-,Mattitu 4 - p�mA 7 45 j .-. t? BIOND-W 1 1 <Y�1MI req, "Ak,o 6-45pAWAp 8 a"t XELLAI requestedtoextepd3hawuitit UY of two buildings, sufficient,f cnea N. 1.0 rWh i Pu cat6WandtheBeuqi k7l din q. -*. BuWm11e 47,,jqqqNoti6i.ofj . ) i'Article Notke ofX4", k ppro �Mng*Artkje -4 Vill jetiop 'I.Anc. L*catioq li#*4kth of Ndck ail 06 -GO �100 A :accessory #25602-Z capon a -mue % -,q ivj Ah w 30 97--, .Win ick; 4. ninon uly-1, to lot V nest I=uO- 3TATE OF NEW YORK) i J07 ,#1 )SS: —36 1 .-.OUNTY OF SU1FF%1Kr 1) Mon'g. L_of AUttituck, in said Sind" 1ounty, being duly sworn, says that he is 14" ,;AP00, 4 rincipal clerk of THE SUFFOLK TIMES, a �?veekly newspaper, published at Mattituck, in :h W-32 e Town of Southold, County Of Suffolk and b , stan- State of New York, and that the Notice of which .,he annexed is a printed copy, has been regu 94 arly published in said Newspaper once each eqtiqst week for weeks successively, 10 on th t m7cing [j ay ion for )f L-1 adding Notice Article akaf4jj, (k) 19n, ot, , Principal Clerk "RAY. is 'a ;worn to b fore me this -locme� - lay of 19 tinS, MARY 6D, NA FOSTER c.14- � NOTARY PUBLIC, STATE OF NEW YORK lic yonNO. 52-4655242 SUFFOLK COUNTY 14 -.-"the COMMISSION EXPIRES AUGUST 31,19 5-Jwq - 15. NY; 1706 4709 13idding Notice of *tion., of int Road, 94-2.- . � CUR- ii4ce is , than -Wi1Z 4X minim y At ►;35ect.".f, - apphcaYio as on. thewlding Propel 9W ouce. . 1 . I)isa , p 1 bu cutch( and 19877 & was req�el ::.issued,: 4 ; sectio, ri .Win ick; 4. ninon uly-1, to lot V nest I=uO- 3TATE OF NEW YORK) i J07 ,#1 )SS: —36 1 .-.OUNTY OF SU1FF%1Kr 1) Mon'g. L_of AUttituck, in said Sind" 1ounty, being duly sworn, says that he is 14" ,;AP00, 4 rincipal clerk of THE SUFFOLK TIMES, a �?veekly newspaper, published at Mattituck, in :h W-32 e Town of Southold, County Of Suffolk and b , stan- State of New York, and that the Notice of which .,he annexed is a printed copy, has been regu 94 arly published in said Newspaper once each eqtiqst week for weeks successively, 10 on th t m7cing [j ay ion for )f L-1 adding Notice Article akaf4jj, (k) 19n, ot, , Principal Clerk "RAY. is 'a ;worn to b fore me this -locme� - lay of 19 tinS, MARY 6D, NA FOSTER c.14- � NOTARY PUBLIC, STATE OF NEW YORK lic yonNO. 52-4655242 SUFFOLK COUNTY 14 -.-"the COMMISSION EXPIRES AUGUST 31,19 5-Jwq - 15. NY; 1706 4709 13idding Notice of *tion., of int Road, 94-2.- . � CUR- ii4ce is , Legal Notices for June 24, 1999 Hearings to the following on 5/27: Mr. Curtis Davids Box 560 Greenport, NY 11944 Eugene Barnosky, LLP 534 Broadhollow Rd, CS 9034 Melville, NY 11747-2309 Daniel Mooney, Esq. Box 702 Mattituck, NY 11952 Mr. Raymond Mitchell 1875 Hiawathas Path Southold, NY 11971 Mr. and Mrs. Fred Milner 870 Bray Ave. Laurel, NY 11948 Elizabeth Thompson, Architect 270 Lafayette St. Suite 1303 New York, NY 10012 Mr. and Mrs. James Hunter 11227 Soundview Ave. Southold, NY 11971 McCarthy Management 46520 C.R. 48, Southold Bay Creek Builders Box 602, Cutchogue 11935 Garrett Strang, Architect Box 1412, Southold 11971 Patricia Moore, Esq. 51020 Main Rd, Southold Catherine Mesiano, Inc. 12 Mill Pond La, East Moriches, NY 11940 Faxed to Chairman 5/26 Faxed to Suffolk Times 5/27/99 Signs and Notices mailed out on 5/27 Faxed to media (courtesy copies) by 5/27