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HomeMy WebLinkAbout4772�7t, --- 1' __ e�1+� t �� �.�` r�� �"�E''rt���y3 T� ���s,��'i�.�.? ice` . OP, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AV; NOTICE OF DISAPPROVAL Ayr DATE; October 22, 199 TO -Patricia Moore A/C Hanson 51020 Main Road A\� Southold NY Please take notice that your application dated September 2:1999 For permit for waiver of merger at Location of property Williamsberg Dr. County Tax Map No. 1000 - Section 78 Block 5 Lot 17 Subdivision Filed Map # Is returned herewith and disapproved on the following grounds WINZA AuthorizedSi -�at;e FORM NO. I' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 - TEL: 765-1802 Examined................., 19.... Approved .................. 19.... Permit No. ................ Disapproveda/c .................................. .. mom_.. .. fiJJ i I i� � 3 .. 2 ;�.'j (Building Inspector) ;, fiAL to APPLICATION FOR BUILDING PERMIT `"'metre► ; BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ................... NOTIFY: CALL .................. MAIL TO :.................... Date.................19.... INSTRUCTIONS a. ibis, application oust be completely filled in by typewriter or in ink and submitted to the Building Inspector wii 3 sets of pians, accurate plot plan to scale. Fee according to schedule. b. Plot plan shooing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas,, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application my not be caicenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be,kept on tbe,premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEEM,, MALE to .the Building Department for the issuance of a Building Permit pursuant to the Building Znne Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction: of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildi g h>r zi es s i inspections. (Signature of applicant, or name, id .if a corporation) ................................ 2�� O0 /%� at a f.................. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder _.....L.................... ....................... ......... .....................:..................... Nameof owner of presses .... ........... .. .. C �../. ?........................................ (as on dre t x Yroll or latest deed) If applicantrporation, signature of duly authorized officer. / ....:�........... ................... (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No. .................... 1. Location of landon which proposed work will be done.............................................................. .........................:............................................................................................. House Number Street Hamlet County Tax Map No. 1000 Section .. ?f ......... Block .. .......... Lot ...LZ......... Subdivision .................. ...................... Filed Map .No. ............... Lot ............... (Name) i 2. State existing use and occupancy of premises ��and ��intended use and occupancy Goof�proposed construc//tion: a. Existing use and occupancy .....,,1....................................��u /OT VAC) ...... ........... 6/ b. Intended use and occupancy ................................................................. .:.�......... '. t ' Q1KN OF 10UTHOLD PROPERTY RECO OWNER STREET VILLAGE DIST. SUB, LOT Ep MER 1� 1lV iN 1 iay1S�v1 : N �f EZ7RaJ�^Anl� c� R. AC,�v 4 "S -f es S W TYPE OF BUILDING RES. SEAS. VL. a/3 FARM COMM. CB. MICS. Mkt. Value LAND IMR_ TOTAL DATE REMARKS L_ 2 CiiSatPS Fn e ��QU15P✓_T1Sli S- L 11-75 2 - h _eiC Tillable FRONTAGE ON WATER- o g Woodland FRONTAGE ON ROAD 8 ' MeodowksW DEPTH House Piot BULKHEAD Total F a t fr• ewe, {/z!/573/RdC, u, q w F y J`k Y n �o ti 6�z `291, 00 TYP1Cl1L POOL L^ �¢ c' xNNoo x Z*9 got @4b IN- m m CL So Sl ISI nm o �/,•" w; a .may G � / AREA-`14,5'47SQ. FT. A � � a prop. erlev• ti Oy bo c � 0 TEST BORING y sandy loam / CERTIFIED .TO. sand' w/fh s; k f/ace of c%y CENTURY ABSTRACT CORP ATI0N INSPECTION ERUIRED s 5.5 dCafa�.5 sa�oc SURVEY FOR RIKL P. HANSEN. il► AT BAYVIEW " SOUTHOLD� ., " �U COVENANT REQU PRIOR TO S FOLK COUNTY, N. Y. 1`A !"AL.APPROVAL 0-78-05-17 SCALE= 1" 30' r-sb JOHN -T ,ME.TZG Ei ar-8ir, , LAN[J SI RVE JUNE 28, YOR /985' REVISED 7 24-85 N.Y.S LIC, NO. 49618 727 '7118 A5 AER .D c $= oc ToW&j Ti2c�S,TE3'_' 'PR 2A V A./ 96'ROANOKE AVE. e ELEVATIQNS^ ARE" -REFERENCED' TO RIMER Ap, N.Y.: 119Q1 AN A55UMIDDATUM 85 _i246 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 !///Z1% 7 November 10, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Waiver of Merger Hansen Trust Dear Chairman and Board members: r RE�EIn,►�� NOV Jar;rJ tkowski Secretary Town Clerk Southold This application is required to settle what could present a problem to my clients when the property is developed. Mr. and Mrs. Hanson had acquire two parcels, one with a house and the other vacant. I represented them in 1985 when they purchased the property and we took great care to keep the lots single and separate. A vacant land C.O was issued by the building department and separate deeds conveyed the property. However, in 1996, their family attorney in Illinois prepared estate planning trusts. The attorney assured Mrs. Hansen that the properties remain "separate" properties in the Trust. The attorney, however, inadvertently placed the two properties into the same Trust, consequently creating a problem with zoning merger. When this error was discovered this year the attorney prepared a "correction deed" which nullified the original conveyance of the property into the Cheryl L. Hansen Revocable Trust and reconveyed the property to the Erik P. Hansen Revocable Trust. The correction deed legally nullifies the original deed so the inadvertent merger is corrected. However, an application for waiver of merger is the best solution to establishing a clear record which will assure the owners that the building department will issue a building permit for the subject property. Enclosed please find an application for waiver of merger together with the following: 1. Separate Tax bills for 99, 98, 97, 96, 95, 94, 93, 92, 91, 90, 89, 88, 87, 86. 2. Single and separate search showing the chain of title and deeds. A correction deed was recorded on August 17, 1999 which was intended to correct the error made by the Illinois attorney who inadvertently placed two separate Hanson properties into the same Trust. 3. Vacant land C.O and survey showing proposed house on adjacent property. The Hansons had planned to build a house on the lot and obtained Health Department approval and access approval for the access road. 4. A Notice of Disapproval which is based on the common ownership prior to recording the correction deed. 5. Copy of the tax map 3tri ru yours, cia C. Moore cc: Mr. And Mrs. Hansen ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON NOVEMBER 23, 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of payment in the amount of $150.00 to Cheryl Hansen, said sum represents 100% of a fee paid for a lot waiver application which was subsequently deemed unnecessary by the Zoning Board of Appeals. eA E zabeth A. Nevi le Southold Town Clerk November 23, 1999 _ _ �� 2/ j # NOV 2 4 ig� APPEALS BOARD MEMBERS Gerard P. Goehringet, Chairman James Dinizid, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 ..x:8.09 A copy of this determination shall be furnished to the Building Department for their update. Original filing receipt enclosed for Town Clerk's bookkeeping purposes. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora. Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Re: 305 and 405 Williamsburg Drive, Southold (Hansen as Trustee) Dear Mrs. Moore: This will confirm that in reviewing the recent Lot Waiver request, we researched our records and found that these lots were approved January 6, 1972 by the Board of Appeals for lot -size variances under #1485-Szala and #1486 -Peters (copies enclosed). The Board determined at our November 18, 1999 meeting that the lots are exempt from merger under Section 100-25C(2), and the Lot Waiver request is not applicable or required. The Lot Waiver application is therefore returned and the $150 application check is being processed for a refund. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures cc: Mrs. Cheryl L. Hansen, Trustee Town Clerk Elizabeth Neville Edward Forrester (Building Department) A 0 Southold Town Board of Appeals -7- January 60 1972 PUBLIC HEARING: Appeal No. 114.$6 - 8:15 P.M. (E.D.S.T. ); upon application of Stanley & Catherine Peters,' 41-02 Vernon Blvd., Queens Now York, for a variance in- accordance with the Zoning ordinance',, Article III,, section-303; and-Article X,, Section-1000A, for permission to divide property and set-off lots with insufficient frontage. Location of prolerty= east Side * of ' private road - (Williamsburg Drive) off south side- of-Bayview Rooanal, south by Southolds New York, bounded north by Robert Berg, 8 T.-SSala, west by private road (Williamsburgh Drive). Fee paid $5.00.... The Chairman opened the hearing by reading the application for .a variance, legal notice of hearing, affidavit attesting-to its cial newspapers, and notice to the applicant. publication in the offi THE CHAIRMAN: Is there anyone present who wishes to speak for this application? QECffiaE STANAEVICH,9 ESQ,: I atti "presenting Stanley c'earsons Catherine Peters. I- speak-for the application f� stated In the application:.. that the division of property would be proper under the old Ordinance. - THE CHAIRMN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIR= Is there anyone present who wishes to speak against this application?.- (There was no rewponse.) investigation and- inspection the -Board Pinde that applicant requests permission- to divide property ,and- set off lata 'with -insufficient frontage located on the east side Of private road (Williamsburg Drive) - cuff: south- side ©f Bayview Road, Southold, News York. The findings Of tho Board are that thi# is an equitable division of property- as' both-'of the _10t.s. have more than the minimu�ai size required under' the old Ordinance.. The area of each lot is-overw 4900 ssis under . ft. The Board old with the reasoning of the applicant,, Ordinance. The Board' finds that 'strict application Of the Ordinance would produce practical difficulties or unnecessary all . the hardship created is unique and would riot be shared-bp and properties alike iii" the immrediat® vicinity Of this property in the same use district;tvariance rit oge � _ character of - the neighborh � , and will observe the sp the Ordinance. C -.-.-_1- -.z- - .r - 4 - .. Southold Town Board of Aj peals - - January 6, 19172 On motion by Air. Gillispie, seconded by Mr. Hulse, it was RESOLVED Stanley & Catherine Peters','41-02 Vernon Blvd., Qaiesnali, New York, be GRALTTED- permission as applied for to divide property -and set off lots With insufficient frontage on property located on the east -side of private road'(Williameburg Drive) off south side of Bayview Road, Southold, New York. Vote of'the Board: Ayes:- Yossrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. THE CHAIRT�,AV: It has been brought to my attention that there was a typing error in Minutes of" January 27, - 1966,' Appeal No. 824, William Wickham, Esq. A/c Margaret V. Braatz,-Nassau Point, New York. 'Applicant was granted permission 'to create two lotsin a proposed subdivision to be known as Harbor Cove, Nassau Point, East Cutohogue, . New York, with insufficient frontage of 780 feet on a turn -around circle- to "be 100 feet-1ii diameter. It was typed 41110 feet". Also, -further In the paragraph "Said right-of- way will have a turn -around circle of 100 feet in diameter. It was typed 01110 feet".' 'As 0'110 feet" would throw off the frontage of,these lots, I believe a.motion is in order to correct these Minutes. On motion by Mr. Bergen, seconded by Mr. Hulse, it was .112 RESOLVED that Minutes of -January 27.,..19669-- Appeal No. - 824, William Wickham,'Esq-0 a/c Margaret V. Braatz, Nisssau"Point, New York, be- corrected as follows: "with insufficient frontage -Of..78* feet -'on a turn -.around circle to be- 110 feet in diameter" corrected to read "with insufficient frontage of 781 feet on A turn -around circle to 'be- 100- feet 1n-'diameter"'6 Also, "Said right-of-way' will have a turn -around circle of 110 Peet -in diaMeter" "corrected to' read "Said right -of. -way will have a turn -around circle of 100 feet In diameter".. _ .. , ... _._.. . ""Vote of,the Board: Ages:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen, PUBLIC HEARINQ Appeal No. 1487" = gs30 P:M. {t£.D:S.T.) upon application of Samuel" Frey, Fifth Avenue, Greenport, New York, for a"variance,in accordance with the, Zoning ordinance, Article III, Section 306, for permission to construct"private one family dwelling with insufficient -frontyard setback. Location of property: Southeast corner'of Bayview Drive and Cedar -Lane, Lots 125 & 126 _ on Map of Gardiners Bay Estates, Section II, East Marion, Now York. Fee paid $5.00. c c a Southold Town Board of Appeals -5- January 6, 1972 After investigation and' inspection the" Board finds that the applicant requests permission to'locate accessory building in front yard ,area- ori property located on -the west side of Bayberry � Road, -Cutchogue, - New York.' The findings' of 'the Board - are that topographical conditioris-on the'southwest portion of the lot make It impractical to construot- a garage in the "legal rear yard- area; and that the garage would be located in a heavily wooded area and would not be seen from the road. The -Board finds that strict application .of the Ordinance would produce praotical"difficulties or unneoessary hardship; the hard- ship created is unique and would not be shared'by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen$ seconded by Aar. Glllispie, it was `RES©LVED Thomas Mncy, 35 Jefferson-Wtr®etsGarden City,' New Yorks- be GRANTED permission- to locate- acoeesorry-building in front yard area- on property located- on" the west- side of Bayberry Road, Cutchogues New Fork, subject to the following conditionsz 1, Garage shall be located at least 200 feet from Bayberry Road. 2. Garage shall be located 'at" -least three feet from the southerly line of the property. - :dote of - the Boards Ayes:- Messrs: Gillispies Bergen, Grigonis.. Hulse,, Doyen. - - PUBLIC HEARnI G-: Appeal No. 1485 = 8s00 F.M: (SX.S.7 } s upon application of Thomas- Ssala, Bou 299'B.- Southold; New York, for a variance In -accordance frith the -Zoning Ordinance, Article III, Section 303: and Article X, Section 10004;"for permission to.divide property and ' set off lots with insufficient frontage. ' Locatiob of property: east side"of private' -road (Williamsburg Drive)s off s.outhside of Bayview R06d's' Southold, New-York,'bounded- north by Stanley Peters, east by canal, -south by 3'. F. Grathwohl, west by private road (Williamsburg Drive). Fee paid $5.00. The Chairman" opened - tbb hearing by'- reading " the- application for a variances- legal notice Of, hearing, affidavit attesting to."its" publication in the official newspapers, and notice to the applicant. THE CHA3RMANs Is there anyone present who wishes to speak for this application? C 0 Southold Town Board of Appeals -6- January 6, 1972 GEORGE STANKEVICH, ESQ. t I represent' Mr. - Scala on this application. At the time Mr. Sala purchased this lana they built a house on the northeast lots the northernmost lot, and they contemplated that at some -future tiise they would sell the southern- portion of their land.— Tbay have not -as yet done so and I suggested that they come before yod to - osee if they - could utilise this southern half of- "their"property. I think it to a uniqus'situation. They have a wedge shaped lot which lacks frontage. THE GRAMMAN: Does anyone else wish to speak for this application? (There was no response.) -THE CHAIRMAN: 'Is there anyone present who wishes to speak against this application? (There was no response.) - Atter investigation and inspection the'Board .finds that applicant requests permission to divide property and set off lots' with insufficient frontego ' looated- on' the east side ' of private road (Williamsburg Drive), off south side -of Bayview Roads Southold, - New York. -The findings of the Board are that applicant is the owner of -pie -shaped lots.' The - land. has been'' divided so that- the' frontage of each lot it ­about 84 feet, ..plus or" minus and' the rear of each lot - Is' 100-- feet, plus- 'or minus.- . The area of each lot is over 34 000- 'sq: - ft.' which was more than the iuinimd!u required at' the' tiare the application was made. - The Board agrees with the - reasoniing of the applicant who is applying under the old Ordinance. 'the Board finds that atri+st- applioation� of the Ordinance would produce practical di.ffioulties or unnecessary -hardship; the hardship created is unique'and,would not be'sharod'by'-all properties' alike in the imxaediate vicinity of this property and in the, same use, district;..and- tha- variance mill not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED Thomas Sala, ' BOX 299 B. Southold; " New York, ' be GRANTED permission as ' applied for to "divide -property and ' set off lots with insufficient frontage on the east side of private road (Williamsburg -Drive), oft south side of Bayview Road, Southold New Xork. Note of - the Boards Ages:- Moores Gillispie, Bergen, 4rigonis, Hulse, Doyan. Page 2 — Legal Notice (Hearings) November 18, 1999 Meeting Southold Town Board of Appeals • • RESOLUTION for NOVEMBER 18, 1999: rPI RESOLVED, that the Application by Cheryl Hansen for a Lot Waiver, be returned and the filing fee be refunded, for the reason that the lot was approved and grandfathered by ZBA Action No. 1485 (Szala) and 1486 (Peters) decided January 1972. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, 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: November 12, 1999 RE: Zoning Appeal No. 4772 - Cheryl Hansen 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 4772 - Cheryl Hansen. Also included are Applicant Transactional Disclosure Form, Notice Of Disapproval, Variance Search, copies of Deeds, copies of Tax Bills, pre existing Certificate of Occupancy dated December 30, 1986, letter from Bennett Orlowski, Jr. dated December 23, 1986, copy of Survey and copy of Tax Map.