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HomeMy WebLinkAbout4841 4-3.e7; C.7/7i/,eLc.S 6fi77i' . Soc r L2 cg6v:3 ,6/ /9 / 7, 79 X644 ,t J ' �'f/ j�ti Gc r&. 4 Ald Aez •387-64-c L a Va-. 'eff 7 c-A/TE1 6*i/L/ Y-5' 1/ /'`� r�6�r S//of as APPEALS BOARD MEMBERS , 0FFOL4- 's t" COG Southold Town Hall T Gerard R. Goehringer, Chairman ' tj : 53095 Main Road James Dinizio, Jr. y Z P.O. Box 1179 Lydia A. Tortora ,�t Southold, New York 11971 Lora S. Collins `-441 c . 0' ZBA Fax (631) 765-9064 George Horning :. .. 1 ag..' Telephone (631) 765-1809 . ....� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 10, 2000 Lot Waiver Appl. No. 4841 - EMILY SCHACHTER CTM #1000-76-2-37.2 STREET & LOCALITY: 1700 Smith Drive North, Southold DATE OF PUBLIC HEARING: August 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown as combined Goose Neck Estates lot numbers 108 and 109 (combined for the purpose of this lot waiver as a single lot identified as CTM #37.2, formerly in 1980 shown as CTM Nos. 6 and 7), Map of Goose Neck Estates, Southold. The lot waiver request is for a lot of 16,500+- sq. ft. This lot is situated on the south side of Smith Drive North, Southold, with a frontage of 157.05 on an arc along Smith Drive North and lot depth of 100 feet. The adjoining lot (currently CTM #37.3 and formerly in 1980 shown as Nos. 36 and 37) is situated on the north side of Smith Drive South, Southold, with a frontage of 157.08 feet on an arc and lot depth of 100 feet, and is also shown on the Map of Goose Neck Estates - combined subdivision lot numbers 110 and 111). BASIS OF APPLICATIONS: Building Inspector's May 10, 2000 Notice of Disapproval stating that pursuant to Article II, Section 100-25A of the Zoning Code, a nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. (This lot waiver voids the 1979 area variance under ZBA Appl. No. 2614 which contained a condition requiring subdivision approval from the Planning Board.) RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 37.2 from CTM Lot No. 37.3. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. County Tax Map Parcel 37.2 was purchased in 1967 by Hart. The Hart's also owned an adjoining lot, CTM Lot 37.3, purchased in 1966. 2. During 1979, the Harts applied for and received an area variance for each Lot 37.2 (then referred to as CTM #6 and 7) and Lot 37.3 (then referred to as CTM #36 and 37), with the condition that a subdivision application be filed with the Planning Board. However, there is no record of an application to the Planning Board. 3. The Harts (and their Estate) continued ownership of both lots, by separate deeds, until 1992. In 1992, both CTM Lots 37.2 and 37.3 were conveyed to Baumgratz, and later conveyed to Schachter. The lots continued in the same ownership, thus the merger continued. • • ' •Page 2—August 10, 2000 ZBA Appl. No. 4841 - Lot Waiver Re: 1000-76-2-37.2 (Schachter) at Southold 3. Both lots have been treated physically as separate properties and CTM Lot 37.2 was left entirely in its natural state. 4. Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential for the construction of only one single-family home. 5. Waiver of the merger will recognize lots that are consistent with the size of lots in the neighborhood. The unimproved Lot is similar in size to other lots in this neighborhood and consists of two lots shown on the former Subdivision Map. 6. Waiver of the merger will recognize the original lot lines (outer perimeter) set forth on the Goose Neck Estates subdivision map. 7. The vacant CTM Lot 37.2 comprises 16,500+- sq. ft. in area with 157.05 frontage along an arc of Smith Drive North. The Board and applicants understand that any future construction will be subject to reviews by other appropriate agencies. 8. If the merger is not waived, the applicants will not be able to use their land for a single-family dwelling. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the Lot Waiver, to unmerge County Tax Map Lots 37.2 and 37.3, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, and Collins. (Member Dinizio was absent due to illness. Member Horning was abseil • . ing ^s reso • n.) This Re olution was duly ADOPTED (3-0). GERARD P. GOEHRINGER CHAI MAN Approved for Filin• RECEIVED AND FIT.FD RY TI SGL, _ _ ._._ DATE S t0 .,aopro, Tow. • i NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 10, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), 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, New York 11971, on THURSDAY, AUGUST 10, 2000 at the time noted below (or as soon thereafter is possible): 7:40 p.m. Appl. No. 4841 - EMILY and IRA SCHACHTER. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-76-2-37.2 from 1000-76-2-37.3. On May 10, 2000 a Notice of Disapproval was issued stating that pursuant to Article II, Section 100-25A of the Zoning Code, a nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. (This lot waiver, if granted, would void the 1979 area variance under Appl. 2614, which contained a condition requiring subdivision approval from the Planning Board). Location of Property: 1700 Smith Drive North, Southold; Goose Neck Estates. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The 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 (631) 765-1809. Dated: July 17, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 el 14-etc / , L fig u t4� dc g� . . yon i�j R .144..4�20 7dr 7 rig [Ein I C� 01/, .�4� �L `r� FORM NO. 3NAY , \ " r`'`°"''ti) TOWN OF SOUTHOLD /2, 47 ��y BUILDING DEPARTMENT ter 3a /1<- M,�,,,,ts d SOUTHOLD, N.Y. A 0. Jei-37. LCA- 3 7. 3) NOTICE OF DISAPPROVAL s—s. DATE; May 10, 2000 3o0 TO Patricia Moore A/C Schacter 51020 Main Rd Southold NY 11971 Please take notice that your application dated March 8, 2000 For permit for merger determination at Location of property 1700 Smith Dr N. Southold County Tax Map No. 1000 - Section 76 Block 2 Lot 37.2 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds subject lot has merged with adjacent lot SCTM# 1000-76-2-37.3 pursuant to Article II Section 100-25A which states. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50)feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Authoriz Signature zsA y e-a. w e1 x- 37 t34 .1-w 10/77. • 11111 MAR -IBM " 'x.. BOARD OF HEALTH 1. 1 FORM NO. I 3 SETS OF PLANS 1 TOWN OF SOUTHOLD SURVEY TOWB144,,pc f 6 ;. I BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL 76,--43::&D Examined , 20...• MAIL TO- Approved 1 , Permit No. Disapproved a/c S I o[o ,.,---Thieta- _ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date , 20. . . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector vi 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be camenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall-be kept on the premises available for inspection throughout the 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. APPLICATIQI IS HEREBY MATE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lags, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to Damply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or nam, if a corporation) (Mailing address of applicant) State whether applican is owner, lessee, agent, architect, engineer, general contractor, electrician, pludper or builder Hare of owner of premises .f:€/ y vr(14Gijl cr (as ou�/the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Nam and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Tocation of land on which proposed work will be done 37, 3 = !�65 5re.,-r, o2 . 5 . 32. )) no() 5pA i Cvs, 5. fff House Number Street/ Hanlet County Tax Map No. 1000 Section 74 Block d lot .3 7. CO3 -t 57, 002. Subdivision Filed Map No. lot (Name) 2. State existing use and occupancy of premises and intendeduseand occupancy of proposed construction: a. Existing use and occupancy �� y N'' b. Intended use and occupancy (,nmedijeDitti.cd . Nature of work (check which applicable): New Building Addition - Alteration Repair Removal Deaolition Other Work s�+ r (Description) r�. P .. Estimated Cost fee (to be paid on filing this application) If dwelling, rather of dwelling units Number of dwelling units on each floor If garage, number of cars . If business, cannercial or mixed occupancy, specify nature and extent of each type of use . Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of sane structure with alterations or additions: Front Rear Depth Height Naber of Stories . Dimensions of entire new construction: Front Rear Depth Height Naber of Stories . Size of lot: Front Rear Depth 3. Date of Purchase Name of Former Owner I. Zone or use district in which premises are situated ?. Does proposed construction violate any zoning law, ordinance or regulation: 3. Will lot be regraded Will excess fill be removed from premises: YES NO .. Nares of Owner of premises Address Phone No. Nave of Architect Address Phone No. Nate of Contractor Address Anne No. 5. Is this property within 300 feet of a tidal wetland? * YES NO *IF YES, SOUIIIIHD TOWN TRUSTEES Owl?WCf MAY BE REQUIRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions rail property lines. Give street and block Hither or description according to deed, and show street names and irxl2ccate ;nether interior or corner lot. Acl a a`a-9 �o Gym % /ga . DAZE OF PEW YORK, JONIY SS i% r ict /' ` ` being duly sworn, deposes and says that he is the applicant 4aie of individual signing contract) hove roved, is the (Contract r, agent, corporate officer, etc.) C said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ,plication; that: all statevents contained in this application are true to the best of his knowledge and belief; and rat the work will be performed in the manner set forth in the application filed therewith. :our to . ore this { of20 o Notary Rub .c .. :. afre � IT doe ' / CLAIRE L GLEW (Signature of Applicant) Notary Public,State of New York No.010L4879505 Qualified in Suffolk County Commission Expires x in Dec9,49_000 _00 V 111111 , '� . �" `' TOWN ' OF' SOUTHOLD PROPERTY RECORD CARD At- / o o - 41 - z - #-„� OWNER STREET / 565 VILLAGE DISTRICT SUB. LOT //D cc,a/� .fig O FARMER OWNERR ch,;e4! MuryAnnet9umJ V r-L E ACREAGE flC HQ✓+ Q 5 `I-ru S+Ce ' _. I4 D / TYPE OF BUILDING / i �jo-ice,o- -, .m .._- S W 'ES. Z/D SEAS. VL. FARM COMM. I IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS / 10 30 Z " Vc' Yhw .$, 1 ( - - k c. tcciY- . Scs'9? ( Ltr-L. li c, j ,./) jam/ / t 1 D /?OVA/f/ /4 a2. 5/ //4 -IQ )L-.S..a ( 4 Uzi-y-4c�85�Gri_,_. , 1-, ,) 3)0 „r.i e • f , oen, ---2_ (o co 2 o a et. n o ,! //.7 3 .7' (p 6 a o zG 3 Z a o YA-0A 7 IS4Co-col sv leci 4 parva( . recif5E Uh cON I P- • ) c2,8Regee 90aELOW apt ABOVE FRONTAGE ON WATER /I QFF1 c;,)9�c.5601r Per Acr / f Value FRONTAGE ON ROAD :7_24 Via/ _ i -e---c7' // :IV .- 7 /GrO SZCQ 37 /Jg BULKHEAD Tillable 2 DOCK Tillable. 3 t� in 02/2670 moi-- r ' 7 ,2 fir �Lf / Lex -'e / . �<i r7- i Woodland 1 ! / (2 pcl a2/i'l/ 2- C 147, 859 Hart, Tirlst + 2um9yatz. 4/44cuo Swampland ///z /7/97 -/ l/J/5627oct--t tin�q✓eitz A &,c I A-rti a' Brushland ' = - -' J i House Plot rm&----_w • • I A.— i -ti • 1I 1 y —. • n *=H lI 4-- I - SII I, 1I r0 � y 1j r -LL _ J I 1— J 3 ul k �� 1 'r _, -t'-i ' 7 9 $crr}eN;�po i g I 'I M. Bldg. A / ��- " r Foundation �� j Bath Extension ,/ X ! - I Basement Floors Extension Ext. Walls 1 Interior Finish Extension Fire Place / Heat ie 8 t--.z• � � ° Q Porch IRoof Type \k, • a z o 112 30 Soo I {— / 3 X,( /• /,.) .' , —' I Porch ( Rooms 1st Floor Breezeway I I Patio I Rooms 2nd Floor -- 'Cx 'D _ IUB . ,) qr Driveway Dormer v"J S. —.—_ fifreig n��SEPVEb r > N t/✓ ('ES ,_ I-- 11 1itA) z^—ii' sr 7-7 40 71 (Qq) • ,i,,, _ _ 3 , TOWN OF SOUTHOLD PROPERTY RECORD CARD //2/&/ OWNER STREET VILLAGE DIST. SUB. LOT �� 7 // ' • � '"6" i - .1 1 Irdrallaln. G - - �/ F�RMER i ER 4 S S ��JJ E ACR. ,-� , / ,y A/, tt.„ b S W TYPE OF BUILDING • S. SEAS. . VL° ...7/Z FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 `' 5 r.,G) -,G:. - ..., -(• ,1Y,S. . 4/ " f '%' (Ccrfs 1 Jo,-/ a l) / i .tenni r - o nn 4l - 7/2-- 7i013 ...;900 ci r,-r) IIIIIIa 1•.`b ' - . u -4r . c 12.----;,L,. t Cl I; 114 1//) AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Fillable 3 Noodland Swampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD -louse Plot DEPTH , c s7/ _9c BULKHEAD y 1 nnry 7. yam.. COLOR - I _ TRIM Foundation Bath Dinette M. Bldg. ExtensionBasement Floors K. Extension Ext. Walls Interior Finish LR. _' Extension Fire Place Heat DR. ype Roof Rooms 1st Floor BR. Porch ecreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage I,rap, f 3 ^:-_, / ! 3 -30 Patio O. B. Tptgl-. -1. /.: w i 27- /die - n -02 -� TOWN OF SOUTHOLD PROPERTY RECORD CARD 14,-,,,,,,,,,,,N OWNER STREET / 70C) VILLAGE DISTRICT SUB. LOT I‘) r //; 3 fr-a atv► hi SChccc l(.11c1:� ,, . 1.)0^ ,,,,....\_13.-1, ErL.6 61 ,5 _• . / j! / FORMER OWNER iLho7Af A.I[UgNA6purrroDYC1 -z. E ACREAGE a , Cl sen Hornet S W TYPE OF BUILDING RES. SEAS. VL.J// FARM COMM. 1 IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS fl .1v i Or bi,"2 levo -1:-=;-. \_„_, I ( r -)(G � 1t �' r� )'`1-... ?/77,_- /0Afr • HeltACT-11 -Ir, i_ - 1 , lei djjI C ', -,e:.'''1 7 00 air EtCi 'z120I9e)_— Q_Q k-14 lI,. 111 - 1I .. .1 (i{f?: 1_r.4-±07� - 7�G ��`��' 1/ 00 exv /100 -/ t58. ' - f-1cir4- (b) ) (- ! a ,_{I u L. <“,.(..4 ar., ,r c 1rS 1, -, AGE BUILDING CONDITION 2Q, -IL tLl, , 4( NEW NORMAL BELOW ABOVE FRONTAGE ON WATElt 2 2 / Farm Acre Value Per Acre Value FRONTAGE ON ROAD O" —I1-480' Tillable 1 BULKHEAD — - - a/i4M _ C /47/851 -Ho'rlifrasf 9vrrJwn rafzizi Tillable 2 - - ti �/pci // /YO-L-LE-loso LLE - dq_ilmJ✓2fz_7Scanr& ,,to, Tillable 3 Woodland Swampland i 32. li_ I Brushland House Plot /in - ‘_ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT F" ORJv1ERER-444 �u -�.�� ...':- �v7`air t" AA )��V. z ) �f�-'t1- g., 1 L,� C.� 1 OWN/ N E ACREAGEC CYcew I4WN(r' C tiro S W TYPE OF BUILDING 3AKoSkl I•call�I—\t _ RES. SEAS. VL.3// FARM COMM. I IND. I CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS Si-ri -14t,A-• , ii -. -G-o Pt:,.l ik - /4 r /J.' / • I'DD a / ire , . - ��/ /loE7 6,47.4? - Olsen irk, Io i• kir-1 .i1, i ) -7-2,t_:,(.4.. — 3447--, -YJ_f -in W 1 /.. el s 41 i 15-x,:c-s('trc l t,4- .162:__ 12 grr .7.:. AGE =- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD --------------------- Tillable1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland — House Plot TOWN OF SOUTHOLD POPERTY RECORD CARD m - / 4 OWNER STREET /375 VILLAGE DISTRICT SUB. LOT 1 , 42 y7rnefhtl Piar 0.01-1611aq I Aiwt,,XL, O FORMER OWNER N E ACREA R0bpr+ S Gr- rnnne! 4r10 i/0 Zohn 3 Cark.AickyZerfrolrlOS W TYPE OF BUILDING tI -( ' -Y'9GGAr� r _ RES. ' 2-10 SEAS. VL. FARM COMM. IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS SOP 02 /00 3k/ e '' SAIL- . OANowN FRRon, r-.v66eit7" KC .9/Lv/73 1 /`r c- S144S8'9/C 1SS47i-CrirnM flan0 ><v Ho1lb,0toII st/LSoc) Li/shoo - L 1 zo 3/fano -('once/ fattens fi f/e AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre _ Value FRONTAGE ON ROAD 7 r 6 i c ,f ° y Tillable 1 BULKHEAD Tillable 2 --_ ---- DOCK Tillable 3 Woodland Swampland Brushland . ... ..i House Plot • Total • I . . t . ill i , I liiiii - II iii ( s 1 I .r II 1 M. Bldg. 1I Foundation ,; _ • ir-atcy2,,,g42_,A tab 0 4,1„,& ,_ - 7�- - 34.E TOWN OF SOUTHOLD P OPERTY RECORD CARD 0 M' OWNER / STREET / 32 j VILLAGELA- o DISTRICT SUB. LOT ` / 3 1 HfReA57 HOFF/1M pia* 4L4 ,to 40— ,14Td iQ�( �/ ,� torr,-e“). _ �r2/ry FORMER OWNER N E (( ACREAGE / � a 9 Gf/. }� R/L ti Pit)F S W TYPE OF BUILDING RES. SEAS. VL. ,!l FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1/ o0 11440 i SCLC 1n.9ncg4 % // rtaa ,/t./rye 4 Sc v Soo J // 9/ � 7—0 tii,,,i/r. 79.4bvi rq 4 8 p w',4. asdair. /vS dN Alf. d .a.' F. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD 97 e - i 9)' S o • Tillable 1 BULKHEAD / Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total • • • I - r�- I - I M. Bldg. Foundation i Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway. Dormer �I O. B. I 0 0 51•41Tr{ . .wi*I\✓t -vL`�' I- I t d° e :-1 ,/ , ... . ___ got • • ( s —� -'a t/� • o Z.t+ 0 , ` ``-.. .N0 L cf /if°P- MNP OF PROPERTY t��•i`�i.I 4 `� TNS • y ---_�.__ i � W ��;, c f� SURVcYED F02 N i1 - ��Z: `' ' BMs CW\RLESJ.ff EUNA NART I - r AT ��=' ` • i1. 1SSI•ri,t4 . .'sa• ?:T `• ty�i ,\ Bh1'Vic4/ yt , I: •gyp .',. \ ;Ii� 4p TOWN OFSO_UTHOLD • ♦�. . 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Neville DATED: June 20, 2000 RE: Zoning Appeal No. 4841 Transmitted herewith is Zoning Appeals No. 4841 —Patricia Moore for Emily Schachter- Zoning Board of Appeals application for a waiver of merger. Also included is a cover letter from Patricia Moore, a Building Department Notice of Disapproval, Zoning Board of Appeals rulings on waiver of mergers, three property surveys, two transactional disclosure forms, a ZBA questionnaire, a variance search, copies of property cards, a copy of the Suffolk County tax map, a copy of the Board of Appeals minutes dated October 11, 1979, and copies of single and separate searches for each property involved. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary June 16 , 2000 Southold Town Zoning Board of Appeals Gerard P . Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Emily Schachter 1000-76-02-37 . 002/37 . 003 Dear Chairman and Board members : Enclosed please find an application for waiver of merger for the above referenced property. Also enclosed please find the following: 1 . Copies of tax bill 2 . Copy of single and separate search which provides liber and page of all deeds prior to 1983 and a copy of the deeds to date 3 . Copy of current tax map 4 . Six copies of survey 5 . My check in the amount of $150 . 00 6 . Copy of zoning board decision dated October 11, 1979 Thank you for your consideration. Very truly yours, '11111" Patricia C . Moore • etapp6//tto S*Ss- c4 APPLICATION FOR WAIVER UNDER SECT. 100-26 _ o This review is for lots which have separate deeds recorded prior to Wit 1983 and undersized. A merger determination has been issued by the Town Building Inspector ( copy attached) . The zoning of my parcel is presently: 40000 square feet �'7 The size requirement for this zone is : per parcel . County Tax Map Parcel Nos : 1000 076 - bZ - 37002 s2a3 I (we) , as owners of the uest a contiguous lots shown on the ateto determinegwhether orvnot determination by the Board of Appeals these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . ing TI ownrofysumit all of the Southold in making fthiswreviewcreliance by the determination: i . 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 . 5150 . 00 application check which is not refundable if this waiver is denied . by i understand that if inatnfivorasble waiverrve action right s issued forma se ubdivision of Southold , area variances under the usual procedure .pocdureand , if necessary , 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 . 1 $ ' (Ape cant and Owner ) (Applicant and Owner ) Sworn to before me this o0 7 � , f at , _dagger' Notary Public Notary Public,State of New York Suffolk County-Na.4861608 Commission Expires June 16, d action) A Waiver is hereby approved denied (delete appropriatebased upon the above documentation . Issued by Reasons for applicatton ( to continue on next page) . zbata.wtc...5 • WAIVER OF MERGER ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON PUBLIC HEARING AND UPON FINDING THAT: (1) THE WAIVER WILL NOT RESULT IN A SIGNIFICANT INCREASE IN THE DENSITY OF THE NEIGHBORHOOD: This is an old subdivision"Goose Neck Estates" and this parcel contains four original lots which have merged, applicant wishes to un-merge two lots. The proposed lot was planned for construction in 1979 and submitted by Mr. and Mrs. Hart to the Zoning Board for approval to subdivide the merged lots. The neighborhood has been almost completely developed, this lot is one of two lots which could qualify for a waiver of merger in their development. The Hoffman property appears to have merged the house on Smith Drive North with a lot on Smith Drive South. Otherwise all the homes and garages straddle lot lines. Therefore this and possibly one additional house will not significantly increase the density of a developed subdivision. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD Goose Neck estates lots have been developed and the subject application merges four lots, the subject property is larger than most of the properties in this subdivision. Most of the lots in the neighborhood which are oversized have merged only two lots. The waterfront properties along West Creek and Goose Creek have been fully developed and are constrained by wetland regulations so any possible mergers can not be un-merged. The Schachter home is very pretty but modest in size permitting development of the adjacent parcel. The waiver of merger will permit construction of a modest single family residence in character with the other parcels in the neighborhood. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The subject property has been developed with a house and garage which anticipated the development of the northerly water-view parcel which is V2 acre merged to the adjacent parcel. The property was purchased in 1997 for$180,000.00 with the seller representing that the parcels could be developed, the deed identified the property as lots in the Map of Goose Neck. The denial of this application will have an economic hardship for the family. For example there is a comparable lot on Smith Drive presently owned by the Estate of Trautman, the Trautman house was split from the lot and sold for $123,000 and the lot which is on Smith Drive South is under contract for$40,000.00. The Schachter property is more valuable than the Trautman properties because of the waterfront location across from the Association Beach. Denial of the waiver will result in a personal hardship for the family. The family has always anticipated developing this lot. • • (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS 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 The proposed lot is flat and the contours and slopes of the lot will not be significantly changed or altered, no filling of land, flood or environmental impacts will be felt by the proposed single family residence. The house and lot do not experience any flooding in storm conditions. In 1979 the development of a house on the property which is proposed for waiver of merger required front yard variances (corner lot requiring two front yard setbacks); the Zoning Board in 1979 could not address these issues because the building department failed to place the need for a variance in their notice of disapproval. However, in 1995 the Southold Town Zoning Code at 100-250 was added and this parcel could maintain 35 foot front yard setbacks. WAIVER OF MERGER MAY NOT BE REQUIRED PURSUANT TO SECTION 100-24 BECAUSE: 100-24 A: (2) The lot appears on a filed subdivision Map of Goose Neck by G.W. Smith & Sons filed November 22,1948 and 100-25 ( C) the lot obtained a lot size variance on October 11, 1979 (but was required to return for front yard setbacks once the house plans were complete) Therefore, it would appear that the building department should have recognized the lot and authorized a building permit application to be filed for a house on the northerly parcel. • August 2, 2000 Patricia C. Moore S , i 51020 Main Road Southold,N.Y. 11971 Dear Ms. Moore: In regards to our telephone conversation on the morning of Wednesday, August 2, 2000. I am writing this letter in support of your application for Mr. &Mrs. Schachter to separate the two wooded parcels from the two house parcels. The Kispert family has occupied the property directly across Smith Drive South from the Schachter property since 1952. We were the fifth house built in Goose Neck Estates and have known all the home owners of the property in question, since that time. Again you have our support in your endeavor and you can relate our support to the Zoning Board of Appeals Building Department. Very t, yours, • /1 �- '4 • ,- William Kispe 1490 Smith Drive South Southold, N.Y. 11971 IIIAPPEALS BOARD MEMBERS ,t'��gOFF0fr Go a Southold Town Hall Gerard P. Goehringer, Chairman t Gyp 53095 Main Road James Dinizio, Jr. ty Z ; P.O. Box 1179 Lydia A. Tortora ;t%' Southold, New York 11971 Lora S. Collins "j'% p! �� ZBA Fax(631) 765-9064 George Horning �! 4t -0.�''� Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 18, 2000 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Lot Waiver Application — Emily Schachter Dear Mrs. Moore: Enclosed please find a copy of the Appeals Board's determination rendered at our Meeting held August 10, 2000. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of any pending request for a building permit (before commencing construction activities). A copy of this written determination has also been furnished this date to the Building Department for placement in its pending permit application file and future use. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department • — FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; May 10, 2000 TO Patricia Moore A/C Schacter 51020 Main Rd Southold NY 11971 Please take notice that your application dated March 8, 2000 For permit for merger determination at Location of property 1700 Smith Dr N. Southold County Tax Map No. 1000 - Section 76 Block 2 Lot 37.2 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds subject lot has merged with adjacent lot SCTM# 1000-76-2-37.3 pursuant to Article II Section 100-25A which states. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (501 feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Authoriz• .ignature s , 1 TITLE NUMBER PAC-3156 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULES. THAT SAID EXAMINATION MADE TO INCLUDE 12115/99 AND SAID TOWN TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE IS 1957 AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD AND TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 2/10/2000 SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC. c10_day FEBRUARY, 20000 BY: NOTARY •' LIC JEANNE ANSTETT OFFICE MANAGER N P.SPANBUROH Notary ' IIC.State of New York No.01SP-4806864. Suffolk County Commlaion Expires.Oa.5 200 TITLE NUMBER: PAC-3156 SUBJECT PREMISES: 1000-076.00-02.00.037.003 GEORGE W. SMITH, DANIEL T. SMITH, GEORGE HERBERT SMITH and WILLIAM B. SMITH To THOMAS W. O'CONNOR and JOSEPHINE F. O'CONNOR, HIS WIFE Dated 9/16/50 Recorded 9/18/50 Doc. #23792, Cert. #15147 THOMAS W. O'CONNOR and JOSEPHINE F. O'CONNOR, HIS WIFE To JOHN H. ROBSON, SR. and CECILE F. ROBSON, HIS WIFE Dated 8/28/53 Recorded 8/31/53 Doc. #42172 Cert. #23991 GEORGE W. SMITH, GEORGE HERBERT SMITH, DANIEL T. SMITH and WILLIAM B. SMITH To GEORGE W. SMITH and SONS, INC. Dated 3/10/50 Recorded 3/12/51 Doc. #25844, Cert. #16241 GEORGE W. SMITH and SONS, INC. To JOHN H. ROBSON, SR. and CECILE F. ROBSON, HIS WIFE Dated 1/9/57 Recorded 7/15/57 Doc. #72539 Cert. #55593 CECILE F. ROBSON died 7/15/57 Continued.... Sworn to before me this PECONIC ABSTRACT, INC. 10th day of Februa 20000 NOTA' PUBLIC JEANNE ANSTETT, OFFICE MANAGER S EPHEN P.S r.:U off Nota I Public,Stat T New York No.01,-P-4906864, uffolk County Com lesion Expires,Oct.5,2001 TITLE NUMBER: PAC-3156 SUBJECT PREMISES: 1000-076.00.02.00-037.003 Continued.... JOHN H. ROBSON, JR., as surviving tenant by the entirety To CHARLES J. HART and EDNA HART, HIS WIFE Dated 5/24/66 Recorded 6117166 Doc. # 154202 Cert. #68569 CHARLES J. HART and EDNA HART To CHARLES J. HART and EDNA HART, as trustees Dated 3/5/85 Recorded 1/23/86 Doc. #320700 Cert. #129581 Sworn to before me this PECONIC ABSTRACT, INC. 10th day of Febr . a 0000 NOTAR PUBLIC JEANNE ANSTETT, S EPHEN P. ••,N� uRGH OFFICE MANAGER Nota y Public, S . No. 0 SP-490686 • of • BW York Com ission Expi _,-uifolk ,County01 P ' , Oct. 5, 2001 TITLE NUMBER: PAC-3156 1000-076.00-02.00-037.002 and 037.003 EDNA HART died 6/15/85 CHARLES J. HART died 10/22/89 PHILIP HART and LINDA HART BURKE, as Devisees under Trust Agt. of CHARLES J. HART and EDNA HART Revocable Trust dated 3/5/85 To RICHARD BAUMGRATZ and MARY ANN BAUMGRATZ, HIS WIFE Dated 2/14/92 Recorded 3/11/92 Doc. #399121 Cert. #147854 Certificate of Title transferred to County Clerk in Liber 11826 page 687. RICHARD BAUMGRATZ and MARY ANN BAUMGRATZ, HIS WIFE To IRA SCHACHTER and EMILY SCHACHTER Dated 11121/97 Recorded 12/3/97 Liber 11865 page 704 LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 10th day of Februa 20000 C. NOTARY •UBLIC JEANNE ANSTETT, OFFICE MANAGER STE•HENP. S•• . GH Notary 'ublic, Stat: . No. 07S �-4906864, • York Commission Expires, Oct. 5, 2007 TITLE NUMBER: PAC-3156 NORTH OF SUBJECT PREMISES: 1000.076.00.02.00-037.002 GEORGE W. SMITH, GEORGE HERBERT SMITH, DANIEL T. SMITH, WILLIAM B. SMITH To GEORGE W. SMITH and SONS,INC. Dated 3110150 Recorded 3/12/51 Doc. #25844 Cert. #16241 GEORGE W. SMITH and SONS, INC. To PAULINE BEDNOSKI Dated 6/27/53 Recorded 7/16/53 Doc. #41168 Cert. #23511 GEORGE W. SMITH and SONS, INC. To PAULINE BEDNOSKI Dated 10/6/54 Recorded 6/17/55 Doc. #56301 Cert. 37,339 PAULINE BEDNOSKI To SOFIE W. HAUGEN Dated 9/9/61 Recorded 9/11/61 Doc. #107263 Cert. #51439 Continued.... Sworn to before me this PECONIC ABSTRACT, INC. 10th day of Febru 20000 NOTA 'Y Pl� p . JEANNE ANSTETT, S NBUgGH OFFICE MANAGER Notary Publ -at: of New York 0. ObP-49,•:• , .uffolk County Commission .ires,Oct.5,2001 TITLE NUMBER: PAC-3156 NORTH OF SUBJECT PREMISES: 1000-076.00-02.00-037.002 Continued PAULINE BEDNOSKI To SOFIE W. HAUGEN Dated 9/9/61 Recorded 9/11/61 Doc. #107262 Cert. #51438 SORE W. HAUGEN To OLSEN HOMES, INC. Dated 10/6/65 Recorded 10/13/65 Doc. #147655 Cert. #66247 SOFIE W. HAUGEN To OLSEN HOMES, INC. Dated 10/6/65 Recorded 10/13/65 Doc. #147654 Cert. #66246 OLSEN HOMES, INC, To CHARLES J. HART and EDNA HART Dated 6/27/67 Recorded 7/28/67 Doc. #162640 Cert. #72056 CHARLES J. HART and EDNA HART To CHARLES J. HART and EDNA HART, as trustees Dated 3/5/85 Recorded 1/23/86 Doc. #320701 Cert. #129582 Sworn to before me this PECONIC ABSTRACT, INC. �CO„i Olt a NOTARY P BLIC JEANNE ANSTETT, STEP EN P SPAN: •G OFFICE MANAGER Notary P bllc, State o -w ork No. 01 SP 906864, Su • k C-.unty Comm on Expires, • t.5, 2001 TITLE NUMBER: PAC-3156 1000-076.00.02.00-037.002 and 037.003 EDNA HART died 6/15/85 CHARLES J. HART died 10/22/89 PHILIP HART and LINDA HART BURKE, as Devisees under Trust Agt. of CHARLES J. HART and EDNA HART Revocable Trust dated 3/5/85 To RICHARD BAUMGRATZ and MARY ANN BAUMGRATZ, HIS WIFE Dated 2/14192 Recorded 3/11/92 Doc. #399121 Cert. #147854 Certificate of Title transferred to County Clerk in Liber 11826 page 687. RICHARD BAUMGRATZ and MARY ANN BAUMGRATZ, HIS WIFE To IRA SCHACHTER and EMILY SCHACHTER Dated 11/21/97 Recorded 12/3/97 Liber 11865 page 704 LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. Ith day of Februa 1110 NOTARY •UBLIC JEANNE ANSTETT, STEPHEN • • OFFICE MANAGER otaryy Public, BURGH N.. toaapP 068:/ e 'f New York •ommissionExpire:, OfolkCounty Oct. 5, 2001 TITLE NUMBER: PAC-3156 WEST OF SUBJECT PREMISES: 1000-076.00.02.00-035.000 JOSEPH BASTERRECHEA and CARMELLA BASTERRECHEA, HIS WIFE To ROSS SPARACIO and ANNE SPARACIO, HIS WIFE Dated 5/3/56 Recorded 5/31/56 Doc. #64204 Cert. #33858 ROSS SPARACIO and ANNE SPARACIO, HIS WIFE - To WILLIAM S. TAGGART Dated 5/22/59 Recorded 5/28/59 Doc. #86957 Cert. #43150 WILLIAM S. TAGGART And JOHN J. CARWAY, JR., ROBERT JOHN GRIMM, PAUL F. MONTORE, JR. Dated 6/5/71 Recorded 6/15/71 Doc. #193131 Cert. #84140 PAUL F. MONTORE, JR. To JOHN J. CARWAY, JR. and ROBERT JOHN GRIMM Dated 9/24/73 Recorded 10/30/73 Doc. #217634 Cert. #93045 JOHN J. CARWAY, JR. and ROBERT J. GRIMM To TIMOTHY P. HOLLOWELL and MARGARET A. HOLLOWELL, HIS WIFE Dated 6/9/95 Recorded 7/13/95 Doc. #445891 Cert. #155971 LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. NOTARY UBLIC JEANNE ANSTETT, S SP ' GH OFFICE MANAGER Notar Public, Ste - . N- York No. 01 .P-4906864, olk County Corn salon Expire , mot. 5, 2001 TITLE NUMBER: PAC-3156 SOUTH AND EAST BY: SMITH DRIVE SOUTH Sworn to before me this PECONIC ABSTRACT, INC. to da of. a•, 1 . .0000 c 9--(-0-\,1-1,cam tiC S NOTAR PUBLIC JEANNE ANSTETT, srEPHEN . , OFFICE MANAGER N.tary Public P.NBURGH No. o1sR4906864ate of New York Commission Ex ires u g. County P Oct.5, 2001 4111 . Sc ` 1 Southold Town Board of Appeals ? P,tOl 4,01 SOUTHOLD, L. I., N. Y. 11971 -...iii irfra. rr r� TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERT J.DOUGLASS , Acting Chairman MINUTES SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 11 , 1979 A regular meeting of the Southold Town Board of Appeals was held on October 11 , 1979 at 7 : 30 P.M. (D. S.T. ) at the Town Hall, Main Road, Southold, New York 11971. There were present : Messrs. Robert J. Douglass, Acting Chairman, Charles Grigonis, Jr. , Terry R. Tuthill , Jr. and Serge Doyen, Jr. * * * PUBLIC HEARING. Appeal No. 2614 . Upon application of Charles and Edna Hart, Smith Drive, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to sub- divide with insufficient area, and for permission to construct dwelling with insufficient area, and for permission to construct dwelling with insufficient rearyard setback. Location of property: Smith' s Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway & Hoffman. /boo —7 6 — 02 - 37 * 3 b The Acting Chairman opened the hearing at 7 : 39 P.M. by reading the application for a Variance, reading legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining prop- erty owners was made to Robert Hoffman and John J. Carway; fee paid $15. 00. MR. DOUGLASS: We have a copy of the survey and a section of the County Tax Map showing the property. It happens to be on a ong half-circle where the North Drive and South Drive join. Is there anybody in the audience wishing to speak for this application? (THERE WAS NO RESPONSE. ) MR. DOUGLASS : Is there anybody in the audience wishing to SOUTHOLD TOWN BOARD OF APPEALS -3- October 11 , 1979 three hours here one day, a couple of weeks ago, and he sketched that in for us. Iie sketched that house in there. MR. DOUGLASS : You see, you 're in a situation here on a curve straight and then a curve- You actually have two frontyards. This one here on the curve part here you are perfectly all right. Now, on this you only have 35 feet, so this application should ask for it. MRS. HART: We didn' t know that. MR. GRIGONIS : Did the building inspector deny it on that? MR. DOUGLASS : He put insufficient area. Not on excepted list of filed subdivisions. . . insufficient rearyard, is all he put. MR. GRIGONIS : He probably assumed it as frontyard. MR. HART: How could you possibly build on the property 100 feet deep, if you have to set your house back 50 feet, what do you have? You have to have a 50-foot backyard? MR. DOUGLASS: No, that isn't the point. It would be granted to the existing thing, but it must be asked for. There is no such thing as approving something that is not asked for. MRS . HART: Don ' t you think we should have been advised of that when we applied to him? MR. DOUGLASS : There is no question about that. MRS . HART: I don ' t want to go through all that again. We don' t even know if we want to build this house. We just want to know can we build a house there. MR. DOUGLASS : Well, then, what you are interested in really is subdividing the piece? MR. HART: That' s what we are doing, to find out if we can build on it? This is why the whole thing is brought about. MR. TUTHILL: When you plan to build your house then you would come in and reapply for that. MR. HART: So I could build a house on this without a variance if you would look at the survey. I can put it on there without that side. I could have a 50-foot rearyard and 11-foot sideyard and 50-foot frontyard without any variance. MR. DOUGLASS : There is no way in the world you could get on that property without a variance. MR. HART: You could change the house and make it long and narrow. MR. DOUGLASS: It would really be narrow. MR. HART: We have a 100 feet there, we could move this house SOUTHOLD TOWN BOARD OF APPEALS -5- October 11 , 1979 created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance for the subdivision as requested will not change the haracter of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that CHARLES AND EDNA HART, Smith Drive, Southold, New York 11971, be GRANTED a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to subdivide with insufficient area, but that the Variance for permission to construct dwelling with insufficient rearyard setback BE DENIED WITHOUT PREJUDICE. The Variance for a subdivision as requested is subject to the following CONDITIONS: (1) Southold Town Planning Board approval, (2) Suffolk County Planning Commission approval. Location of property: Smith' s Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway and Hoffman. Vote of the Board: Ayes: Messrs . Douglass, Grigonis, Tuthill and Doyen. PUBLIs HEARING: Appeal No. 2610. Upon application of Thomas and Jacquet ne Occhiogrosso, 77 Vanderb • Boulevard, Oakdale, New York (Irving L. Price, Jr. , Esq. ) for a variance to the Zoning Ordi- nance with in• ufficient frontyard setb. k. Location of property: Corey Creek La - , Southold, New York; •ounded north by Corey Creek Lane, south by •rey Creek, west by ammerschlag, east by Corey Creek Lane. The Acting Chai man opened e hearing at 7 : 52 P.M. by reading the application for a Variance • the Zoning Ordinance, Article III, Section 100-31 for per 'ission .e construct dwelling with insufficient frontyard setback, read . g the legal notice of hearing and affidavits attesting to its publica ' on in the local and official newspapers, Notice of Disapproval from e Building Inspector, and letter from the Town Clerk that notifi.. tion to adjoining property owners was made to the Hammerschlags :n. the Ebelers; fee paid $15. 00. MR. DOUGLASS: I ha e a cop of the survey map of the property and the situation where the house and the sewage, water and so on will be. I also have . section of he County Tax Map which shows the piece of property .n it. I have a copy of the Town of Southold Wetlands Permit #27 t at was granted 0 the Town Board according to information furnishes, in application # • filed by applicant on June 15, 1979 to the Town Clerk. Mr. Douglass ead the Southold Town W- lands Permit #27 in -ull with all con. itions. 7i= —. - ---- - ---- :i • 0 III I' .---'66.--"----le. —a i w.l r , Y a. j1 li / w• a 1, rl Isl 1r I / i r . eS - - `i ✓ lid .• 1 i ` 11 .' .r �� F _-__ _r Fk milbra I e •51 w„ . 4 t � '0\\ St 061 \ �'�C "w , \ Kiel\ t / • 64 4 �. \ .y 'l 1[ \w' \ \\ 3 Y .... _______ � m \ IJ.I 'a.l yw �' .w \\ w% ls.l r ----s-— / • \i i cog. �._i. • p �� •. a 4 \as.l' , Go° t 'J\`\4 \ W t `w . y % Rs 4/�y . .4 4r 1 -ar 4 �� Keel .4 . ED ,, \\� Lukl , tt •' / ��v . , 4 , . /q �p CeT�M 6 . /as / °' ''. tal eUto+.• ‘.141'‘• . A acea va E c�. ,o/7y6. Q36+ a7 [ET AAP © COUNTY OF SUFFOLK To,l[UP SOUTHOLD SECTION NO. ,,Ei,e ° _ Real Property Tax Service Agency VILLAGE OF [wr[n County Canto( ...... Inns 076 xu APPLICANT TRANSACTIONAL DISCLOSURE PORN The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The ' purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . SVfl .r " 'la` �• YOUR NAME: d ��� ��uc.h�te,r (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 OP APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Appcpval of plat Exemption from plat or official map other W. wce ofrvicvt1er ( If "other, " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "puniness 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 $ If you answered "TES, " complete the balance of thin form and date and sign where indicated . Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D ) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) , A ) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B ) the legal or beneficial owner of any interest in a noncorporate 'entity ( when the applicant is not a corporation ) ; c) an officer, director, partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION OF NELATIoNSIIIP submitted thin 4 ' 6410" . e Signature e, ( Si '. ..' .� Print name rtiaY i dot ^ �X13t,�'�', • 0 QUESTIONNAIRE FOR FILING WITH YOUR Z.3.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) to C' ha B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes ( )C } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes (�) No D. 1 . Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown'on the map submitted with this application_? No 3 . Is the property bulkheaded between the wetlands area and the upland building area? M0 4. If your propert_r contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nit (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 ycu are submitting? No If none exist, please state "ncne. " G. Do you have any construction taking place at this time concerning your premises? No If yes , please sv m't a copy of Your building permit and map as approved by the guilding Department. If none, please state. H. Do you or any co-owner also own ether land close to th' c parcel? 14 If yes, please explain where or submit copies of deeds. At'' It`^.ae t I . Please list present use or operations conducted at this parcel fe7tdwtc� t Lvr and proposed use re5.de✓tce enj Authori ed Signature and Date 3/37, 10/901k TownP.O Of Box Southold1179 • Southold, NY 11971 • * * * RECEIPT * * * Date: 06/20/00 Receipt#: 1975 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1975 Total Paid: $150.00 Name: Schachter, Emily C/o Pat Moore 51020 Main Road Southold, NY 11971 Clerk ID: LYNDAB Internal ID: 12952 s'c4/4 e%'TE,? FOR BOARD AND STAFF USE #41841/ L Updated NewjjInformation 10117106 C��fid. 44-U lS - .1-o a-44o t-+ 3 . a u�-1.e -Ind LQ &M pca _Adams oa A iii j 111 NOTICE OF JUL 3 I 2000 STATE OF NEW YORK) PUBLIC HEARINGS Li\\; SOUTHotDTOWN BOABDOFAPPELSAf )SS: THURSDAY. COUNTY OF SUFFOLK AUGUST 10,2480 .)jta \ R U i't (h-s of Mattituck, in said NOTICE IS HEREBY GIVEN, county,being duly sworn,says that he/she is Principal pursuant to Section 267 of the Town southgld the. clerk of THE SUFFOLK TIMES, a weekly newspaper, • -cilaWtgg applications will 6e hold published at Mattituck, in the Town of Southold, Public hearings by, ;them_,i County of Suffolk and State of New York, and that the SSOOUTfIOLD T m.a op Notice of which the annexed is a printed copy, has Mail �d ew ort been regularly published in said Newspaper once 11971, on j)'HURSAAY, AUGUST each week for 10,2400 atthe times noted below(or w � $�ceessively, as soon thereafferaspossible): comms clr(�g` ' on the + day 6:15p.m.Appl.No.4813aA&.S Of 0JU1' 20 (yO GULF.: .(Continued hearing:). t . tot a 5ui1 g pernut to canstrtldt 1' bee for-the reason the garage will ++i tt ,// / l l atocated Ware side yard of pro- ,�'n 1,'v posed ter dwelling. Location of incipal Clerk Pr®perty18.5"Case'iLane Extension, CuMlln W Paksel ID-1 '5- Sworn to before_mTe this al 1'73. 7:40 p.m Appl. No 4841 day of J IA 20 CD EMILY-and IRA SCHACHTER. This is a request for a Lot Waiver as CHRISTINA T.WEBER • provided under Article II, Section Notary Puck,Slate M New York 100.26 to immerge Lot 1000-76-2- No.01WFmkukss 37.2 from 1000-76-2-373.On May 10; Cuardied h SuffolkeCoady 2000 a Notice of" Disapproval was F /ICommisskn Bmires December 13,�cD issued stating that pursuant to 1 /I'/I d 1• —)n/+ -•�' W-€.10-e4_. Article-II, Section 100-25A of the P V►t K�1 "f / Zoning code,.a nonconforming lot shall merge with an adjacentcon- I: _. . _. _ .. .. forming or nonconforming lot which has been lseld in:common ownership with the fustlot at any time after July 1,1983.(This lot waive;if granted,. ' sja-would void the 1979-.area variance t a under AppL 2614,which contained a t condition requiring- subdivision ea' approval from the Planning Board). .: ul :Location.of Property: 1700 Smith Drive North,Southold;Goose Neck- Jot1;l.Estates... . - The Board of Appeals will at.the ; _aid above time and place hear all persons or their representative desiring to be heard or to.submit written..state- meats foreachihearing.Each hearing s., will not start earlier than designated: Files am available for review during 1 regular Town Hall business hours(8- 4 p.m.).If you have questions,please ; 9g3i dont hesitate to call(631)765-1809. , 'slid, Dated:Tuly18,2000. m p " - SOUTHOLD TOWN asap" . BOARD OF APPEALS aql 1 Town Hall 53095 Main Road p: Southold,NY 11971 tp, x-1 1404-1TJ 7 _ ,i� , , . 0IfnyL r7ff1 r AN 61:) UOPZO "PAIS llaAasoog. • mluan° 001,•.711d, loj •s(uV 'NV$C(AQ•t"NBTI[13 'aa,ya)I ' tiatniYd 'i ,aNVIG. ,'.awl Aq papuad se alar Jo.atap alp wog_ • , s.ep rer unpia=spat or eauamy CA Jo salels PCIWR 341 Jo Lyell 341 pun ales Jo mums putt 1uawZpnf pa19 Jo suopfpuoa Pus Simi et makes PWS 1s213IW Pap e994.,,e90,9-cs b'9Zt'S tti lac q.. q 91,'811 mid a Smgq'derepauopoatu anoge Dip.uo unwire are viol pies se'Z9 pus 19•SQII 30110 Duff mammas !i aq1 Aq Papaualm II mutts alp mama - ..143 mP!s0wl. off'pita 'Q1, m SEA `"ag,slo atoi -IoJ sa Papua opPull�App9:,{eel -rowed WOW gupq PW 06-!Kdep11 . • W i =smell r;331/03,)faaaris this- et Dano;seat se geignd amp mull. E 041 15q3'aa u3Opao raze . • fIS ©INnW7rEil r- I Ai;; ill i ZONING BOARD OF APPEALS `I ' ) j I ;i; TOWN OF SOUTHOLD: NEW YORK x ib� In the Matter of the Application of AFFIDAVIT OF Emily and Ira Schachter MAILINGS (Names of Applicants) Parcel ID# 1000-76-2-37.2 and 37.3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Margaret Rutkowski residing at Theresa Drive Mattituck, New York, being duly sworn, depose and say that: On the 25 day of July , 2000 , I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or() County Real Property Office Southold NY, 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) Margaret Rutkowski Sworn to before me this / day o Cc<C . , 2000. /Ar / y Public) MTAICIAQ MOORE NotaY ball..Stets$New bit &n t county-No.ammo PLEASE list, on the back of this ar159,14414Witgifitta10942 numbers next to the owner names and addresses for which notices were mailed Thank you. • • ' U.S. Postal Service CERTIFIED h L nn`FIPT ' (Domestic Mail Only:No Insurance Coverage Provided) ..a�r" Article Senl To. �" ran Emily and Ira Schachter Ss �� $ SCTM 1000-76-2-37.2 and 373 ,� PostageedFe $ ' S z PY. a Certified Fee / 40 ' Postmark �, Return Receipt Fee l J U L '�� 2000 Florencio &Patricia Gomez o (Endorsement Required) /. 1775 Smith Drive N. p eo�semde�i aea dj G�/ Southold, NY 11971 1 o Total Postage S Fees $ 3 - Spy - 1191 1000-76-3-2 1 m Name(Please Print Clearly)(to be completed by mallei) m Florencio A. & Patricia A. Gomez Goose Neck Prop. Owners C/O Donald Instill � o Street Apr.Nc.;w Po Box No 1775 Smith Drive North 705 Smith Drive S. r cry,stare,zlwa Southold, NY 11971 n- Southold NY 11971 Psfonn JN[10.July 1999 ^veR .,1 InsVuclu � 1000-76-3-3 Herbert & Marion Hoffman 1325 Smiths Drive N. Southold, NY 11971 1000-76-2-34.3 June LaRocca 26 Lea P1 Albertson, NY 11507 1000-76-3-4 Phyllis M. Schaffer, Trustee m N 17026 Bay St o • • • cn ? D ODv+ �s m Jupiter, Fla 33477 co! oci, �, m �'q"3 3 m 1000-76-3-1 c O -P. N• St^».c -.v m I k -1, rG- `0iI , a mafc = m c Thomas O'Neil til c o o a .a 3 3 I' 1420 Smith Drive S. +i o ,. tn•H. 767 d ».a n ti y I Southold,NY 11971 O o y ed » d S y 1000-76-3-10.1 ` o ~ n m u a i ~ .8. cn . ab 3xm �� W Itio 11 ysatg N� m ~ goig'oop 0 SENDER: COMPLETE THIS SECTION Grt 3 c o I COMPLETE THIS SECTION ON DELIVERY O O • Complete items 1,2,and 3.Also complete A. rt B.. O z item 4 if Restricted Delivery is desired. Received by O IIPrint your name and address on the reverse . r—IBaSe Pnndye B. Date of Delivery �. m m i so that we can return the card to you. T. ��l'y— v ` • Attach this card to the back of the mailpieceC. Si attire ` or on the front if space permits. X, tO Agent m 1. Article Addressed to: 0 Addressee k p r T 7 D. Is delivery address d'Merent from item 1? ❑ yes �' " �N, If YES,enter delivery address below- 0 No $ w N a °S +g m Tylomas Orneill k - $ ~ - a - a m • 1020 Smith Drive South o'` \ ` i- Q ti Southold NY 11971 9. f2 m ❑ ❑❑ a 3. Service Type ` y ( ga n ! o ertified Mail ❑Express Mail 3 v 2 Registered2 ' , `W' �' 1/4"1 o 0 Return Receipt for Merchandise I D3 = ❑ Insured Mail ❑C.O D F§ o �. 1 e`a o F r- I 4. Restricted Delivery? a" — F 3 = 2. Article Number(Copy from service label) ' (Extra Fee) 0 Yes 1 111 m O -3 PS Form 3811, July 1999 1 1 o $ n Domestic Return Receipt 1 ii 102595-99-M-178e n • • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary July 25, 2000 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Emily and Ira Schachter' s Neighbors Re: Emily and Ira Schachter SCTM# 1000-76-2-37.2 and 37.3 Dear Neighbor: I represent Mr. and Mrs. Schachter with regard to their property located at 1700 Smith Drive North, Southold, New York. Mr. and Mrs. Emily and Ira Schachter have four lots in Goose Neck Estates which may have merged, the building Department has directed the owners to obtain approval from the Zoning Board of Appeals in order to separate the two wooded parcels from the two house parcels. We have submitted the required application, and a hearing on this matter has been scheduled for Thursday, August 10,2000 at 7:40 P.M. . Enclosed is the notice of public hearing which we are required to mail to you and a copy of a survey which shows the properties . If you have any questions or wish to express your support this application, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/mr Enc. • • NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 10, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), 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, New York 11971, on THURSDAY, AUGUST 10, 2000 at the time noted below (or as soon thereafter is possible): 7:40 p.m. Appl. No. 4841 - EMILY and IRA SCHACHTER. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-76-2-37.2 from 1000-76-2-37.3. On May 10, 2000 a Notice of Disapproval was issued stating that pursuant to Article II, Section 100-25A of the Zoning Code, a nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. (This lot waiver, if granted, would void the 1979 area variance under Appl. 2614, which contained a condition requiring subdivision approval from the Planning Board). Location of Property: 1700 Smith Drive North, Southold; Goose Neck Estates. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The 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 (631) 765-1809. Dated: July 17, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 •• • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT OF Emily and Ira Schachter POSTING (Names of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM#: 1000-76-2-37.2 and 37.3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold,New York,being duly sworn, depose and say that: On the_2, day of July , 2000 , I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon the 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 hearing date was shown to be August 10, 2000 (Signature) Patricia C. Moore Sworn to before me this /`.T day offfWrr, 20000 imi' (Notary Public) WAGM6TC.Run(OMl IO lly Public,State of New Yak No.4912528 ONnon h SWica cowry *near the entrance or drivewa�btthe•Pr6f Wty, as the area most visible to passerby. • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(631)765-4330 Fax:: (631)7654643 August 1, 2000 Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Emily and Ira Schacter Premises : 1700 Smith Drive North, Southold, NY SCTM: 1000-76-2-37 . 2 and 37 . 3 Dear Chairman: Enclosed is Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Also, enclosed is the Affidavit of Posting. Ver ruly yours, PATRICIA C. MOORE PCM/kk Encls . OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631)765-1809 Fax765.1823(or 765-9064) July 17,2000 Re: Chapter 58—Public Notice Requirements-August 10,2000 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next Issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code(copy enclosed),formal notice of your application and hearingdate must now be mailed with a map or property sketch showing the new location of the area being considered. By Friday.July 21st please send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED,as soon as possible,with a copy of the project map to all owners of land(vacant or improved) surrounding yours,Including land across anystreet or right-of-way that borders your property. Use the current addresses listed on the current assessment records in the Town Assessors'Office(765-1937)or the County Real Property Office in Riverhead. If you know of another address for a neighbor,you may want to send the notice to that address as well. By Monday,Juiy3fst, please complete your Affidavit of Mailing(copy enclosed)with parcel numbers noted for each,and return it to us with the white receipts postmarked by the post office. Later,when the green signature cards are returned to you by the Post Office,please mail or deliver them to us. If any signature card is not returned,please advise the Board at the hearing. A sign Is also necessary for posting at the property by you not iater than Wednesday,B/2/00,and therefore must be picked up by you or your representative some time,between now and August 1st,between the hours of 8 and 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway,an extra sign is enclosed for the front yard facing each.) Thesign(s)must remain In place for at least seven(7)days,and If possible,remaining until the day of the hearing. After the signs have been in place for seven(7)days,please submit your Affidavit of Posting to us(copy enclosed)for our permanent file. When convenient,please also return the sign to us. If you do not meet the deadlines stated in this letter,please contact us promptly. It may be nec- essary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures y •� TRANSMITTAL MEMOkfij • 4% TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: ids d2DDa SUBJECT: File Update - Hearing Calendar of A •/Orli- rzc- Vt.'s/ With reference to the above application, please find attached the following new information added to the official ZBA office file: �cLa Zern t At- aoiso- Atr Commen Number of Pages Attached: C:\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA MEMBERS FROM STAFF\TrMemo.doc