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Home My WebLink About4469 16- ? 7 EGA l3/e/A.cleE -P' ~C e.eHi.vAiioci OI' ~EA AP-rrtiu°u: wry APPEALS BOARD MEMBERS gUFFO[~ Southold Town Hall Gerard P. Goehringer, Chairman ti`t` Gym 53095 Main Road Serge Doyen cz P.O. Box 1179 James Dinizio, Jr. W Southold, New York 11971 X~7F LW?, i7lri 7z O • ~'F Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 14, 1997 _ Appl. #1169 - RAYMOND FE?DYNAh PARCEL: 1000-123-5-15 as one lot (1000-123-5-16 as remaining lot) SIRE?E?T & LOCALITY: 205 Fay Court (and 165 Fay Court), Mattituck DATE: OF PUBLIC HEARINGS: April 24, 1997 (postponed); May 19, 1997 (postponed); June 19, 1997; July 24, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property consists of a combined area of property as identified on the County Tax Maps: District 1000, Section 123, Block 5, Lots 15 and 16, for a total combined area of approximately 22,000 sq. ft. (.51 of an acre), with 150.0 ft. combined frontage (lot width) along a 30.ft-wide right-of-way referred to as Fay Court, and lot depth of 150 ft. dee, all as shown on a survey dated May 15, 1980 prepared by Teas, Barrett, Lanzisera & Frink, Surveyors. The property is improved with a single-family, two-story franc dwelling shown to be set back at 59.8 feet from the most northerly property line (almost center between the two side property lines. Au accessory garage is shown to be situated at 51.5 feet from the northerly property line and 38.2 feet from the rear (wosterly) properly line. Applicant's attorney has also submitted a copy of all enlarged County Tax Map of Section 123, showing Parcel Lot #15 at a size of 50 ft. wide by 150 ft. deep; Lot. #16 at a size of 100 ft. wide by 150 ft. deep. RE?LIEF REQUESTED BY APPLICANT: (1) Approval of Waiver under Section 100-26 for a single none nfomaing tot identified as 1000-123-5-15 of a size 50 ft. by 150 fi. deep, leaving 1000-123-5-16 at a size 100 ft. by 150 ft.. deep; (2) Alternative relief under Article 111-A, Section 100-30A.3 by variance for approval of lot sizes, e, originally created by deed conveyances and which have insufficient lot area, depth and width in this R-40 Residential Zone District. BASIS OF APPEAL: Building hispcctor's Action of Disapproval dated January 14, 1997, which reads as follows: under Article 11, Section 100-26, "...Lot S.C.T.M. #1000-123-5-15 and Lot S.C.T.M. #Iooo- 123-5-16 have merged pursuant to Article 11, Section 100-25A, as they have been held in common ownership at some time since July 1, Page 2 - Appl. #4469 August 14, 1997 Regular Meeting Re: 1000-123-5-15 (and 16) (Fedynak) 1983. Both lots were created by deed prior to April 9, 1957 and meet the requirements of Section 100-24A(1). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Lot 1000-123-5-15 is vacant land and consists of approximately 7,500 square feet. 'I'hc remaining merged land, 1000-123-5-16, consists of approximately 15,000 square feet and is improved with a two-story, single-family dwelling and accessory garage as shown on the May 15, 1980 survey map. The lot, as originally created, was acquired by Mendo on September 26, 1960. Later, on September 26, 1980 the current owners (Fedynak) acquired the property. Common ownership for both lots has existed under the one-acre zoning requirement for 14 years, or since 1983 (and longer when including former one-acre zoning ordinance which dates back to 1971). The property owners acquired the property knowing that the survey showed the property as a single lot, and used for title and other purposes in the acquisition of the property. The record does not provide adequate proof to show that the properties have been owned or kept separately during the years under consideration. WAIVER RELIEF STANDARDS 1. A grant of a waiver for Lot #15 of .17 of an acre will result in a significant increase in the density of the neighborhood because the majority of the lots in the area are significantly larger than the subject lot and tax lot numbers 1000-123-5-15 and 16 have existed in common ownership prior to July 1, 1983 (acquired by present owners June 1980). 2. The waiver does not recognize a lot that is consistent with or which exceeds the size of lots in the neighborhood because there are lots in the immediate area larger than the subject parcel (Lot #15): Lots #36.11 at 1.6 acres; #36.10 at .25; #36.9 at .21; Lot 18 at approximately .20; lot 19 at .25; #20 at .31; Lot 11 at. .23; Lot 36.2 at .31; Lot 13 at .12; Lot 15 at .17; #18 at .12. In fact there are only two other parcels which are of the same or similar size Lot #13 of .12 and Lot #17 of .12 of an acre. 3. No survey has been submitted or other documentation to confirm the location of the original lot lines created by the former deeds. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. Page 3 - Appl. #4469 August 11, 1997 Regular Meeting Re: 1000-123-5-15 (and 16) (I'edynak) AREA VARIANCE CONSIDERATIONS 5. The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because lots #15 and #16 were purchased together under Liber 8824 page 33 recorded June 6, 1980. Owners in title made no attempt to divide parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwelling on #15 since 1980. The reasons given by the attorney for the property owners is related to estate purposes. 6. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 7. The requested area variance is substantial in relation to the code requirement of 10,000 square feet, representing only 170. 8. The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the creation of a lot at .17 of an acre is substantially smaller than twelve (12) lots in the immediate area which lots average approximately .375 of an acre, and on an average are 15s larger than the subject parcel. 9. The situation has been self-created and there has been no attempt to divide the merged parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwelling on #15 since 1980. 10. A grant of the area variances would create the need for additional variances, including side yard relief for both the dwelling and garage for the 1.5' proposed nonconforming setback and dwelling at a 9'5" nonconforming setback. 11. In summary, the denial of this application protects the character of the neighborhood and does not violate the health, safety, and welfare of the neighborhood. RESOLUTION /ACTION: On motion by Chairman Gochringer, seconded by Member Ostermann, it was R'ESOLVE'D, to DENY the Waiver as Requested under Section 100-26, and to DENY the Area Variances, as noted above. VOTE AYES: Members Gochringer, Dinizio, REC E-I' E~aAND Q7~fj B011~his resoles ' as doll jD D (,4,-0-),. THE S ,U"iL:.O,;D TOV114 C ? > L DATE ~l 5147 HOUR GER,ARD P. GOEH 1NGER `HAIRMAN Action Adopted August 1 , 1997 I QTbwn e, 1c, ,c-,rn of Sc;s±1 ,"i APPEALS BOARD t~fT-MBE ~SUFF~~k~ N SouLhold Town Hall 5:095 Main Road Gt and P. Gcz. hno n Ci , , an ` y P.O. Box 1179 Se se Doyen z Southold. New York 11971 James Dinuio. Jr. Fax (516) 765-1323 V O ~ r V Telephone (516) 765- t 309 Lvdia A. rIFStlermann 1 .taar_en BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY APRIL 24. 1997 at the times noted below (or as soon thereafter as possible): 6.45 p.m. Appl. No. 4,165 - BARRY AND CAROL ASNESS. This is a variance based upon the March. 5, 1997 Building Inspector's Action of Disapproval under Article }MIII, Section 100-239.4A(1), to locate swimmingpool with deck areas within 100 ft. of the Long Island Sound bluffor bank, at premises known as 2379 Ruth Road F-ctension, Mattituck, NY; Parcel 41000-105-2-2.1. 6:55 p.m. Appl. No. 4469 - RAYMOND FEDYNA% concerning property located along Fay Court (private road), Mattituck, NY. Applicant is requesting: a) a Waiver under Article II, Section 100-26 based upon Action of Disapproval by the Building Inspector under Article II, Section 100-25A which states "...Lot 1000-123-5-15 and 1000-123-5-16 have merged as they have been held in common ownership at some time since July 1, 1933. Both lots were created by deed prior to April 9, 1957 and meet the requirements of 100-2M(1). 1000-123-3-15 consists of 7500+- sq. ft., and 1000-123-55-16 consists of 15,000+- sq. ft. of land area. Page 2 - Legal N d l Southold Town l0 of Appcals N Regular Meeting a April 24, 199' b) As an alternative, area variances under Article III-A, Section 100-30A.3 (Bulk Schedule) for each Parcel No. 1000-123-5-15 and 1000-123-5-16 as separate lots in this R-40 Residential Zone District, which Zone District requires 40,000 sq. ft. of lot area, 150 ft. lot width, and 175 ft. lot depth. 7:15 p.m. B ELL-ATLANTIC /NYNEX. Carryover from March 19, 1997. Property located at Main Road, Orient, NY. 1000-18-6-5. 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. Written comments may also be submitted prior to the conclusion of the subject hearing(s). The above hearings Will not start before the time designated. Each file is available for reviews during regular business hours. If you have questions, please do not hesitate to call 765-1809. Dated: March 31, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski a u13 na uT De~IS u1 6u1 pL rnEl ~ 1'2 ~'Z' Tom- / O ow/ C~~ SlniuuiH 7ul,au n uu iJ~u>~i Ll a>i i un: i u„ai ui ~~u,u Oi Si 7Z p7( II J ~~II I I I II. I I 1 .014 )WI ~'IJ dol'V 1-I!:1 uonl,;iluluS / ~ -S~ ~ I i)O(11 ~uls ilul.~ xc 1 nluno] ui,llc -10-f .~'2 jj~7// .~,7 ,(,,yyJ•n~- ~ of will-I ion o l _ I,alcp a 1! luol1;l.l~ ,uu,1 iclll "171_LUI` a ?I V_I. IVAMI'IdvSI(l ,lo :L)1.1.()Iq -AN(I'IUILI. IOS 1~LLIO S.AHMO.I_ LN:IIV.I.11V.1:1(1 UNI(I"111111 (I IUILI II ' 110 NA1OI r Aid&' APPLICATION FOR WAIVER UNDER Sl"i;TION 100-2 6 APR ' 719F This review is 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: ~U The size requirement for this zone is: C/o, C)o0 square feet per parcel'. County Tax Map Parcel Nos : 1000 j2a L, - gas,'z - c/& ae This lot consists of a size of sq, ft. I (we), , as owners of thei contiguous lots shown on the attached deeds, request a review determination by the Hoard 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. (AA licant and Ow r) v (Ap icant and 0 er) Sworn to before me this day of r"lA/~p 19 It rNnnry MiD VAfi`U4 Nntnry Pi e';c * . ,~'*•e of New York , 2744911 Notary Public Vr-"'!ra in Nes au County Termt -,ores I l (4'1 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. 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DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) RAYM . OND & JACQ . . UEL.I...NE FEDYNAK . of 2337 WEBSTER STREET Name of Appellant Street and Numoer -NORTH BELLMORE NEW YORK _„HEREBY APPEAL TO Municioality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTCR ON JANUARY 14, 1997 APPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO _ Name of Applicant for permit of . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XX) THE OWNERS THE RIGHT TO UNMERGE THEIR TWO PARCELS OF REAL PROPERTY 1. LOCATION OF THE PROPERTY . 155 ,FAY. COURTI_.MATTITUCK=.NEW.YORK„_ Street /Hamiet / Use District on Zoning Map District 1000 Section Block Lot RAYMOND & JACQUELINE FEDYNAK r.._.~ ......._.._.•Current Owner Map No. 1000-123 Lot No. 15916 Prior Owner RUTH MENDO 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article II Section 100-25A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (Xi PERMISSION TO UNMERGE PARCELS 15 & 16 OF SECTION 1000-191 4. PREVIOUS APPEAL A previous appeal R=) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit - ' ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) is requested for the reason that THE BUILDING INSPECTOR'SDECISION OF DISAPPROVAL SIGNIFICANTLEY IMPAIRS APPLICANT'S ABILITY TO PROPERLY.PLAN THEIR RESPECTIVE ESTATE AND DENIES THEM THEIR RIGHT TO MAKE GIFTS TO THEIR ISSUE. THE BUILDING INSPECTOR'S DISAPPROVAL WILL CAUSE APPLICANT'S ESTATE TO BEAR MORE ESTATE AND POSSIBLE GIFT TAXES THAT ULTIMEMATELY MIGHT NOT OTHERWISE HAVE TO BE INCURRED: Form ZB1 (Continue on other. side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because APPLICANT'S HAD OVER THE YEARS DISCUSSED GIFTING A PARCEL OF THEIR MATTITUCK PROPERTY TO THEIR CHILDREN SO THAT THEIR CHILDREN MIGHT ENJOY THE BENEFITS AND ADVANTAGES OF OWNING PROPERTY ON THE NORTH FOLK. THE PRACTICAL DIFFICULTIES PRODUCED BY THE DECISION ARE THAT THE CHILDREN WILL NGW HAVE TO WAIT UNTIL THE DEATH OF BOTH PARENTS BEFORETPEIRRIGHT TO THE PROPERTY WILL COME TO FRUITION. THE APPLICANT'S HAD INTENDED TO GIFT A PARCEL OF PROPERTY TO THEIR CHILDREN INORDER THAT THE CHILDREN WOULD BUILD A HOME AJACENT TO THEIRS'IN MATTITUCK. THE SECONDARY PURPOSE WAS THAT THE APPLICANT'S WOULD ALSO AVAIL THEMSELVES OF THE GIFT AND ESTATE TAX UNIFIED CREDIT REDUCING THEIR ULTIMATE ESTATE TAXES AND EFFICIENTLY PLANNING THEIR ESTATES. THE DISAPPROVAL CAUSES UNNECESSARY HARDSHIP IN SO FAR AS APPLICANT'S MUST REVISE THEIR ESTATE PLANS,ULTIMATELYDELAY DISPOSITION OF THEIR REAL PROPERTY UNTIL THE SECOND DIES AND THEIR CHILDREN ARE DENIED THE OPPORTUNITY TO ENJOY THE BENEFITS OF BUILDING AND LIVING IN A HOME ON THE NORTH FOLK OF LONG ISLAND. I The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ESTATE AND GIFT PLANNING IS UNIQUE TO EACH AND EVERY CITIZEN OF THE UNITED STATES. 'THEREFORE, DENIAL OF THE RIGHT TO DISPOSE OF ONES PROPERTY IN THE.-WAY ONE WANTS IS UNIQUE IN•AND OF ITSELF. IT IS CONSTITUTIONALY PROTECTED AND RECOGNIZED BY STATUTE AND COURT DECISION. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE GIFTING OF THE PROPERTY TO APPLICANT'S CHILDREN ` AND THE TUILDING OF HOME ON THE PREMISES WOULD HAVE.NO SIGNIFICANT IMPACT ON THE CHARACTER OR NATURE OF THE ENVIRONS. THE DISTRICT'S SPIRIT AND CHARACTER WOULD REMAIN UNALTERED. ' JA LINE FEDYN t STATE OF NEW YORK ) yY cJ.. OF NASSAU ss COUNTY • RA ND FEDYN ' ignat r MARCH Sworn to this day of........................................................ 19 97 Notary u i ' IL .a 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER SCAB. LOT STREET VILLAGE. 7~AC7 /7, FORMER OWNER i / IL N E L ro r~ L / Y,ti.1`r p, 172 1 S / In red c W I r~ TYPE OF BUILDING RES. e3// SEAS. L FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS y~6) / a encla a L~ 2~~ of r~ J~~~ /rr Clee r - 3~ a 7~ 1, I 'iet n 1?N. [Ifi3 v'/ -Ho c'+l.Cc ~%ndo t~ ro<<i7t~ P 3~ ~cirr _ a-Ccz% X't AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per - Value Acre Tillable 1 - le 2 - Tillable 3 - Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD s J ~ 7, / S House Plot DEPTH BULKHEAD I - Total DOCK *TOWN OF SOUTHO D PROPERTY RECORD CARD _ z J _OWNER STREET 151 VILLAGE DIST. SUB. LOT R. lz~g 49 le~ FORMER OWNER N 4 E HaV 7c U, ACR. / Cc>/j~i,t.:~C Cl~ 0.344.1 S W _ TYPE OF BUILDING / ~~G''(YI1L~--l(/Gi+it1,rl~ t r I -Dc':.(C'.~( ( •7 i1 t, RES. 410 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS / Y IT-J J"U Y30~J - - - nd ZJa61 3 si„, ~ / rr ~~•~f !J ~O `+ta' 1t. Sri; /•,•/lrhda r9 /~U uh:l 'c AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE - A Acre Value Per Value - - Acre Tillable I le 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK COLOR ' TRIM 1 t _ - 1 ? p _ Foundation Both / Dinette l - M. Bldg . 3 d >.Q c~ _nd G.T ~...r / - - Basement Q~/F- r7 Floors K. Exte::_. ! Ext. Walls LV<! _s Interior Finish Lt,e2 4-> r. J t CR. Extension Extension Fire Place J I Heat Y/, C) DR U ;r ( ,.r Rooms lst Floor BR. Type Roof Recreation Room (J' Rooms 2nd Floor FIN. B. Porch Porch Dormer _ Breezeway Driveway Garage Patio O. B. Total TITLE NUMBER BUILDER'S NOS LANLJ /VoW OR ~o.4MERLj/ OF El~NA B~ /RNE / ~ ~ Ga. ~ W O 3.4 5.9 ,l T O J ~4 ~ ro Via. r • ~ o l1 V b FR• GL /99' 0 GAR.IN 30.3. N G-F EC O J V b STy, Fps J~0 N J FRAME OWELL. N ~ ~ J `lZv, 3ci 3' 14B' hYl J Ems. g, J O ~ sTF PS W J 3 t V O W", o. oo ,.,oti. s. Js io oo"v?f - ~ 3, ~ 0 W s. Nc~Ga 4 a Q U„ (N n° <oy V 4 Cott u!I I i.L W 2 I QOO o. a's 2. W ^ JP FK. d. rQ e^o z v s Q ~ LA NO N~/~ C/F WAMBAGh' LANO n//FoF Q Z J I I BE/~.NE o~ J<__E?~.T"/o<~s ~<as6o oti L/. S. C'. f~ G. S'. pATU.~. Q O ~3c CT'. V.., LOTS /S [/w VVI (~s_~~~• 30 CERTIFIED TO "Unamhoriled alml dwn of addition to a unyey Cerlilicalions indiaaled lemon lignily that this survey was map healing a licensed land r."eym's Seal 4 a prepared in accor dams with the I tieung Code of Puma I., ,AN9F_R/CAN 7/7L violation of senior 1209, sub-0ivisim, 2, ul the land Survey, adnped by the New York Stale Association of c/F?ANG New York Slate Education law." Ploleuional land S.'"v s. Said certihcal.om Mall ron only to 0.. Ida JSUU lur wham the mrvay i.(,,.,,d. I,d wl "Copies from the original of If... mrvey n.aJ r^'I hit hehall to II.e line mmpe-.y,pvenunvolel agency and lend 1 o arked v.itll a,I orininal of Jle lend w ,.vor's mg ins bl I"", liu J I m. d r U iI as g eu I Jm 4nJ ~p 'oked seal or 6s mLoseed Je ul shall nut Le tun- Ig ' 11 ails m Ce Idi[ t '15 e I of r' ml m.hle to ddmon dR \bl 4, sldered w ha a v J Iroe copY, ' el it s itutiu u m s buy lent. ms. ,~v.a.,n~ m.~*3..~h.. ,i .`.aw.-. .,.,.L..,... ,,....,.a....a.,..~..,F......•......,.........,_,~._.n....<.vw~.e.~.,o....oe...... SURVEY OF ~~sc 1JC/<t~r_~~ C. ~ t ~i S1 .0.l y t'~ B.~ J,~." a ak * ~)~~cv~l d ICAI Nfefi YiW ~l dti4 Y+ 0siy ,~S ~ p.o 1y- ~ ~f;l l Cn ysoltiu0 CnUlncols G Luntl Sw voynrs LOCATED IN /1 4? i7 Mle.l)LI= (V'.I IIIIIY ISO ll Y. 11va9 IeIUGL, N.V. 11'l41 ;01.1 11 .1111 b FJI n ter al a.'I r~eJ lelr:l vza:lz so PLOT PLAN ,t-./f / /YC=30 LOCATION NO. f: 114 A I ou(. J,"I M vIM)OUG: IOIa+ Mc§9nl COUNTY OF SUFFOLK a ROSERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF. PLANNING August 27, 1997 AUG 2 91997 Town of Southold Zoning Board of Appeals Applicant: Raymond Fedynak Mun. File No.: 4469 S.C.P.D. File No.: SD-97-16 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. The Board of Appeals should cautiously exercise its discretionary power in granting such substandard lot area variances which only serve to undermine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C.\W P W IN60\W PDOCS\ZONING\WORKING\LDSW UG\SD W -16.AUG 220 RABRO DRIVE • P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 • FAX (516) 8534044 APPEALS BOARD MEMBERS r S~Ff~ Q ~:~~0 CD Southold Town Hall Gerard P. Goehringer, Chairman ti~ Gym 53095 Main Road Serge Doyensy o ` P.O. Box 1179 James Dinizio, Jr.Southold, New York 11971 ip • Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article :ffV of the Suffolk County AduLni.strative Code, The Board of Ameals of the Town of Southold, New York, hereby refers the follcwing to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III-A Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4469 Applicant: Raymond Fedynak Location of Affected Land: 205 Fay Ct. and 165 Fay Ct., Mattituck, NY County Tax Map Item No.: 1000- 123-5-15 and 16 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.:tb for approval of lot sizes as originally created by deed conveyances Copies of Town file and related documents enciosea for your review. Dated: August 21, 1997 Z(isd!s"iu 7kiP.l?7 OF APrEPTS MA;N ROAD - S. R. 25 SOul-HOLD, tV.Y.M115Zk August 18, 1997 Richard F. Monaghan, E.sq. 206 Concord St. East Williston, NY 11596 Re: Appl. #4169 - Waiver (It. Fedynak) Dear Mr. Monaghan: Iinelosed please find a copy of the Board's written determination rendered at our August 14, 1997 meeting, and confirmed with you by telephone on Friday. Very truly yours, Linda Kowalski P.nclosu re Copies of Decision to: Building Department (for update) Town Clerk's Office (original fur filing) R TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS JULY 24, 1997 Prepared by Lucia Farrell from tape recording 6:48 p.m. Appl. No. 4469.GG - RAYMOND FEDYNAK. CHAIRMAN GOEHRINGER: This is a second hearing, recessed hearing from the June 19, 1997 meeting. How are you tonight, Sir, and would you kindly state your name again for the record? RICHARD MONAHAN, ESQ: If I may, at the last meeting I think the Board had asked us to do an analysis of the sections of 5 and 6 of 123 to analyze the lot structure and also in addition to get some, or to get appraisals of the property. What I would like to do is present to the Board copies of what has been done. (Copies distributed to Chairman, Secretary and Board Members.) MR. MONAHAN: If you will turn to the little indexing, and perhaps it's the third page is where the real anaylsis is - and what we have done, we broke the lots into various square footage categories, 10,000 & under, 20,000 & under, and above 20,000, and as you will see from the analysis what it shows is that of the 39 lots, 18 or 46% of the lots were at least 10,000 sq. ft. or less, 17 are under 20,000 sq. ft. for a total of 35, for a total 35 and almost 90% are under 20,000 sq. ft. Our lot, I think, is 50 by 150. On Section 6 it skews a little bit differently from the point of view there are several large lots and several large elongated lots, so using some of the same comparison but because of the larger lots you have several lots 40,000 sq. ft. or more in that particular section, and those are the elongated lots that I am speaking of. They run down to the beach. There extremely long. Perhaps some of them as much as maybe a half mile, maybe three-quarters of a mile. So that skews the square footage to may be skewing different in Section 6 than in Section 5. On the next page what we did was, the Board had asked us to have some appraisals run on the property showing the combined value of the lots as well as the individual of the lot that we are asking to be unmerged. Silkworth came in on Lot 16 which is the larger lot with the current house and garage on it at between $140,000 to $150,000. And Lot 15 if it's combined in the merged has a value of $10,000 in the merger. Stand along would be a $55,000 to $65,000 lot. Coldwell comes in somewhat surprising to some of us who are not out Page 2 - Hearing oranscripts July 24, 1997 - Board of Appeals here full time, the brokers are quite as accurate as they are, but they are also pretty close based on the number 16 at $135,000 to $150,000. Lot 15 I think also was at $10,000. Their number was slightly different between $35,000 and $40,000. And Lewis came in, he just gave us one for $145,000. Same number for the merged lot combining 15 and 16, $10,000, that gives you - Lot 15 was a stand alone, it's $62,500. We took the average of all three so that the combined value is $52,583. The average value of Lot 15 as a single lot comes out to be about $55,000. One of the things that Mr. and Mrs. Fedynak would like is as I mentioned to you is to gift the property to their children at some time in the future, and so what I basically did was take an analysis of the estate tax rates both for Federal and New York purposes, and then said if they had a taxable estate at a certain level and if they gifted this property which is what they want to do, what tax saving would their estates benefit, for the two of them - if you brought at $600,000 level and you gifted out $60,000 you don't have Federal estate tax and what you do is, you still have a New York tax because New York does not have the same credit facility for federal purposes, so what they would be saving is $6,100 on their estates. And then as you graduate on up, the saving becomes a little bit more significant. Even though you're going to pay federal tax if you were to lose the $60,000 in the calculation you can to see that eventually at the $700,000 level you are going to save $22,600 in estate taxes, and $750 moves to 23, $800,00 and above, then it graduates on up. A couple of pie charts showing the analysis that was done. We've included copies of the appraisals for your record. And I think that probably fulfills our obligation that you need. I think Mr. Fedynak did say at the end of the meeting that in all the time that he's owned it, since 1983, that the Town has continuously sent him bills or tax bills for both parcels. So even they didn't consider it merged for bill purposes, so if the Board needs something else, that the Fedynaks are asking is basically to unmerge the lots and give them the ability perhaps to give their children the lot. CHAIRMAN GOEHRINGER: This is a very nice analysis and we appreciate it immensely. The only thing I failed to tell you is that the Board of Review - if the board were so inclined to grant this variance - the Suffolk County Board of Review would of course require you to go before them because you know you need 150 feet between wells and cesspools now. So that's something that you have to bear in mind. We'll start with Member Dinizio, do you have any questions of Mr. Monahan? MEMBER DINIZIO: No. It was very detailed. Very good. CHAIRMAN: Mrs. Ostermann"? (No questions). Mrs. Tortora? Mr. Doyen (no questions). I don't have any further questions. Is there anybody in the audience that would like to speak? Would your applicants like to say something, Mr. Fedynak? Page 3 - Hearing ranscripts July 24, 1997 - Board of Appeals MR. RAYMOND FEDYNAK: Yes. CHAIRMAN: Thank you again, Mr. Monahan. Super job. MR. FEDYNAK: You had just mentioned about Suffolk County and wells being - the wells are really located in an area that CHAIRMAN: Oh, that's right. You have a pooled well filter system. MR. FEDYNAK: Right. So that way we are not interferring with one another. And I have a letter from one of our neighbors who has lived there I guess all his life. And I'll give a copy of this to you so you can read it. CHAIRMAN: (Received copy). Thank you. MR. FEDYNAK: He feels that in essence that you know, if this was split it really doesn't deter anything in the neighborhood because everything is basically below that 10,000 sq. ft. you know the major pieces of property. CHAIRMAN: What happens you bring up an interesting point, Mr. Fedynak, when somebody wants to build another home on a piece of property that is not presently constructed upon. Do they then go into that well field or what normally is the MR. FEDYNAK: What had happened about 7 or 8 years ago, the well situation was reconstructed and most of the properties that were undeveloped all have water rights and underground pipes that have been already laid there, and MR. MONAHAN: And they buy into the system. CHAIRMAN: Does that water system get shut off during the winter? At any time to your knowledge? MR. FEDYNAK: There are some parcels - each individual one, each individual house that's on it - MR. MONAHAN: There are no more than four on the line, and I believe most of the lines are utilized because there are only three or four permanent residents during the winter, so I don't know what the configuration is as to who uses what line, some of them may be two on a line. CHAIRMAN: That was only a point of inquiry. It has nothing to do with-- The well field itself is interesting because we do run into that every once in awhile. But, so is there a line in front of your house or would you have to then trench one in if `Page 4 - Hearingfranscripts • July 24, 1997 - Board of Appeals MR. FEDYNAK: It trenched to it in part right where our property posts begin and then we have to come down a right-of-way and then just put that i.n. CHAIRMAN: I see. MR. FEDYNAK: But in most cases there are lines that are just laid in already. CHAIRMAN: Right. And the only other thing I wanted to say again if the Board were so inclined, I don't know if they are or they aren't. I certainly haven't polled them and we don't know. We were kind of waiting for this analysis. Your garage would be nonconforming as to setbacks because I think the garage is let me just get to the survey again. The garage is 51 feet 5" from the line. So then drawing a line across the property would put the property at 1'5" off. MR. MONAHAN: That would have to be moved, or something CHAIRMAN: To be conforming it would have to be moved but I am just mentioning that to you as we see it. Any other questions from anyone? MEMBER DOYEN: No. OTHER MEMBERS: (None). CHAIRMAN: That's about it. We thank you very much for the anaylsis and we will certain digest it. I don't think we'll get to it tonight. I'm going to go back down there and do another field inspection, riot that I don't agree with your analysis. I'm just going to take the analysis with me and go back down. So we may address it on the 14th of August, or it may wait until the 28th of August. All right? Have a safe trip back. MR. MONAHAN: Ok. Thank you. MR. FEDYNAK: Thank you. We're only back to Mattituck. CHAIRMAN: Hearing no further questions, I'll make a motion closing the hearing and reserving decision. Motion carried. (end of hearing). i~--JCL. o~ti ~t~ 7~,?/;.-~ July 1, 1997 Norman H. Wamback P.O. Box 688 Mattituck, N.Y. 11952 To Whom It May Concern The building lots in Camp Mineola at Mattituck were laid out in 1926 by Judge Leone D. Howell after he purchased the land from Mabel Hollister Houghton in 1925. Attached is a survey map of Camp Mineola dated 1957. This is an update of the survey done in 1933. As you can see on the survey map, there are 22 lots 50 feet in width and are from 100 feet to 175 feet in depth. There are 6 lots 60 feet in width and from 146 feet to 170 feet in depth. Politically connected friends of Leone D. Howell from Nassau County began purchasing these lots and building summer homes on them in 1926, living as friends in close proximity and harmony to each other. Between 1926 and 1934, 16 homes were built on the lots 50 feet to 60 feet wide and 2 homes built on lots 74 feet wide and 90 feet wide. Camp Mineola today is a community of 27 homes that enjoys the same harmonious atmosphere as it did in the 1920's. Today Camp Mineola is incorporated, its residents living happily by the rules set forth by the Corporation. The residents also maintain the two lanes in the community and own and maintain the water system that supplies potable water for the community. The lot in Camp Mineola owned by Raymond and Jacqueline Fedynak that is 50 feet wide and 150 feet in depth is consistent in size with about 80% of the lots on which homes exist, and is the last of the lots of that size that has not yet been built on. As a resident of Camp Mineola for 61 years and Secretary of the Corporation, in this situation I see no down side to reestablishing the lot in question to build able status, the class it had held for 57 years. cucw Vaudi Norman H. Wamback APPE.aLS BOARD MEMBER 0 ~~~SUFrO( ~C~ ; Southold Town Hail O Gerard P. Gozhrin;er. Chairman 5095 Main Road p Sere Davea P.O. Box l 1 i9 James Dinizio. Jr. Southold. New York 1 1971 $ = °y • Fax (516) 765-1323 Lydia A. Toaora Telephone (516) 765-1309 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD TRANSMITTAL LETTER TO: Office of the Building Inspectors FROM: Office of the ZBAJ DATE: Q~c wX /8, 1997 SUB.'ECT: Pending Applications for Building Permits/Other Please find attached conies of the following determinations rendered by the Board of Appeals for your files or pending permit application files. If you have any questions, please call or stop by our office. Enclosures ~a h i 0. PRESENTATION TO SOUTHOLD TOWN BOARD JULY 24,1997 TO UNMERGE LOTS 15 & 16 OWNED BY RAYMOND & JACQUELINE FEDYNAK IN MATTITUCK, NEW YORK SUBMITTED BY RAYMOND & JACQUELINE FEDYNAK INDEX 1. ANALYSIS OF SECTIONS 5 & 6 BLOCK 123 2. ANALYSIS OF APPRAISALS OF LOTS 5 & 6 3. ESTATE & GIFT TAX ANALYSIS 4. PIE CHARTS FOR SECTIONS 5 & 6 5. COPIES OF THREE LETTER APPRAISALS (FROM LOCAL REAL ESTATE BROKERS) ANALYSIS OF SECTION 123 BLOCKS 5 & 6 % OF TOTAL BLDG LOTS SECTION 5 # OF LOTS SECTION 5 (A) BLDG LOTS UNDER 10,000 SQUARE FEET 18 46% (B) BLDG LOTS UNDER 20,000 SQUARE FEET 17 44% (C) BLDG LOTS OVER 20,000 SQUARE FEET 4 10% TOTAL BLDG LOTS IN SECTION 5 39 100% % OF TOTAL BLDG LOTS SECTION 6 # OF LOTS SECTION 6 (A) BLDG LOTS LESS THAN 10,000 SQUARE FEET 2 6% (B) BLDG LOTS LESS THAN 20,000 SQUARE FEET 6 19% (C) BLDG LOTS LESS THAN 30,000 SQUARE FEET 9 29% (D) BLDG LOTS LESS THAN 40,000 SQUARE FEET 4 13% (E) BLDG LOTS MORE THAN 40,000 SQUARE FEET 10 33% TOTAL BLDG LOTS IN SECTION 6 31 100% VALUE OF FEDYNAK LOTS COMBINED AND VALUE OF VACANT LOT 15 STATED AS AN INDIVIDUAL LOT VALUE OF LOTS APPRAISER 15 & 16 COMBINED LOT 15 ALONE SILKWORTH REALTY LOT 16 - $140,000 - $150,000 Mattituck, NY LOT 15 - $ 10,000 $55,000-65,000 TOTAL COMBINED - $150 - 160,000 COLDWELL BANKER LOT 16 - $135,000 - $150,000 Mattituck, NY LOT 15 - $ 10,000 $35,000-40.000 TOTAL COMBINED - $145 - 160,000 LEWIS REALTY LOT 16 - $145,000 GROSS Mattituck, NY LOT 15 - NET $10,000 $62,500 TOTAL COMBINED - $155, 000 AVERAGE VALUE OF LOTS COMBINED $1529583 AVERAGE VALUE OF LOT 15 AS SINGLE LOT $559533 PER APPRAISALS SECTION 5 10% 4 ~ 18 17 44% ¦ less than 10,000 sq ft • ¦ less than 20,000 sq ft 113 more than 20,000 sq ft SECTION 6 6% 2 33% 19% 10 6 o less than 10,000 sq ft 4 9 ¦ less than 20,000 sq ft IM less than 30,000 sq ft El less than 40,000 sq ft 13 % 29% 0 more than 40,000 sq ft Since 1913 B~ . 60 ROUTE 25, MATTITUCK, N.V. 11952 l~//?/y// ~ TELEPHONE E 516-2984485 NORTH FORK PROPERTIES July 5, 1997 REAL ESTATE TO: Ray Fednyak Re: Fay Court properties, Camp Mineola, Mattituck, N.Y. 11952 SCTM# 1000-123-5-16 (Parcel #1) and 1000-123-5-15 (Parcel #2) Parcel # 1 consists of .34 acres of land with imprcvements. The improvements include a seasonal residence and garage. There is a deeded right to the community beach at Camp Mineola included with this property. Camp Mineola has at least 15 improved properties on lots that are smaller than .25 acres. Property#1 is a fairly typical improvement, on a larger-than-average lot for this community. Parcel #2 consists of an unimproved lot of .17 acres adjacent to parcel #1. This parcel also has a deeded right to the same community beach. In frontage and square footage, this parcel is very similar to at least 10 other parcels in this community. If parcel #1 was to be offered for sale today, it could be compared to other improved properties on other beach communities that have sold in recent years. Houses off the water, but with beach rights have sold for $140,000. to $180,000.The range is usually determined by the amenities of the improvements. If parcel #2 was to be offered for sale today as a buildable lot, with permits in place or available, that parcel would probably sell for $55,000. to $65,000. depending on the buyer's motivation. That sale price would be achieved,in large part, because of the deeded beach right that comer- with the property. If parcel #2 was to be added to parcel #1, the additional land might increase the value of the combined property by $10,000. As a separate building lot, with beach rights, its value is far greater. This opinion is made by ME' as a licensed real estate broker ha ing no other interests in this property You s Truly; David P. Moore Broker DPM/d - -a CBLIC MAIN ROAD / CELIC CENTER P.O. BOX -rr. MA'I N I UCR, NY 1 P,-' BUS. (5I(,) 2%_- , , FAX (i 1 298-a 1 REAL ESTATE APPRAISAL Letter of Opinion FOR: Ravmond E. Fedynak 2337 Webster St. North Bellmore, NY 11710 Tax Map: 1000-123-05-16 Valuation Date: June 21,1997 TO WHOM IT MAY CONCERN- I Herbert O. Johnson, herein state that I reside at East Marion, Suffolk County, New York and am a duly licensed real estate salesperson holding license # 40JO0762234 for the current period expiring 06/11/97. 1 am employed by Robert A. Celia President/Owner of Celic Estate Agents, Inc./Celic Realty and Coldwell Banker Celic which is engaged in the real estate and appraisal business with offices at #10200 Main Road/Celic Center, Mattituck,NY 11952. By reason of my experience, I am thoroughly acquainted with the market and replacement values of residential properties on the North Fork of Eastern Long Island. With regard to the subject property let me state that I have closely examined the premises which consists of 3 bedrooms, ( One a dormatory style on the second floor that sleeps 5), eat-in-kitchen, 1 bath and a living room with fireplace. There is a large 14x20 wood deck off the back of the house and a 2 car detached garage nicely placed. The house is not heated, but the attic is insulated. The house sits on a partial basement and the water supply is from a well. In summary this is a very attractive, comfortable vacation home kept in good repair. To arrive at a fair market value the subject house was compared to similar houses on similar lots in communities offering beach rights. By name some of the communities are: Orient by the Sea, Raydon Shores, Laughing Waters, Pebble Beach Farms, Bay Woods,Watersedge, Eastern Shores, Goose Bay Estates, Broadwaters Cove I hereby state that it is my educated opinion that the value of this property is between $ 145,000 to $ 160,000 on the 100x150 lot FoR OVER 90 YEAR1. ? SUPPORT YO (I CAN Co cN7 ON An k,kp,,J,nd, Ouvidd and (tpuamG Member of Culdudl B,n ko Residomal Aff,halce, 1ne_ The separate 50x150 lot, tax map # 1000-123-05-015 is valued between $35,000 and $40,000 as a legal building lot. The separate 50x! 50 lot merged with the house would not increase the value of the house by the stated lot price. It might increase the value by $8,000 to $10,000 because the combination would make it a premium parcel. The above estimated values are based on comparable sales obtained at the office of the Suffolk County Clerk, Suffolk County Center, Riverhead, NY 11901 and duly recorded within 1 year of this date. The above estimate on the house does not include furnishings Respectfully submitted, Herbert O. Jo n, Sales Associate LEWIS REALTY GROUP, INC. Main Road, Box 1021, Mattituck, NY 11952 516-298-4600 0 FAx 298-4877 July 8. 1997 Raymond Fedynak Camp Mineola Rd. Mattituck, N.Y. 11952 Market Valueation for: 205 Fay Court (Camp Mineola) Mattituck Tax Map Number: 1000-123-5-15 Subject property is the 3nd property on the West side of Fay Court, which is a private road / right of way, off of Camp Mineola Rd, another private road. This parcel is a member of the West End Beach Association of Camp Mineola. The Association is responsible for road maintainence, insurance for common properties and payment of taxes on roads and deeded beach. Property is zoned residential, and is about .17 acres with about 50 feet of road frontage on Fay Court and property depth of about 150 feet. Property is vacant residential, that has been cleared and leveled, and improved with grass only. The parcel is easily buildable and Suffolk County Health Department approvals for water and septic systems could be obtained, since the parcel has rights to the Association well water field. Since there are no wells located on surrounding properties cesspool location approval would be easy. Property has deeded beach rights. Current market conditions in the area are strong, with waterfront community properties selling briskly, if asking prices are close to market value. Current, immediate fair market value is; $57,500 net (abt. $62,500 gross) Immediate refers to the ability to market and sell property in a reasonable amount of time. Current refers to the house and/or property in its current "as is" condition. Net indicates what amount would be received after any sales commissions are paid. If you have any questions concerning this appraisal, or the subject property, please feel free to give me a call at (516) 298-4600 during the day or (516) 298-4356 in the evenings. Sincerely, Robert A. Mac Lellan Lic. Real Estate Agent Main Road, Box 1021, Mattituck, NY 11952 REALTY GROUP, INC. 516-298-46000 FAX 298-4877 July 8. 1997 Raymond Fedynak Camp Mineola Rd. Mattituck, N.Y. 11952 Market Valueation for: 155 Fay Court (Camp Mineola) Mattituck Tax Map Number: 1000-123-5-16 Subject property is the 2nd property on the West side of Fay Court, which is a private road / right of way, off of Camp Mineola Rd, another private road. This parcel is a member of the West End Beach Association of Camp Mineola. The Association is responsible for road maintainence, insurance for common properties and payment of taxes on roads and deeded beach. Property is zoned residential, and is about .34 acres with about 100 feet of road frontage on Fay Court and property depth of about 150 feet. Property is zoned residential, and is improved upon with a 11/2 story shingle style house, built about 1930. House has a footprint of about 780 square feet. First floor layout consists of kitchen w/ dining area, 2 bedrooms, 1 full bath and livingroom w/ fireplace. Second floor is one room, unfinished. House has no heating system of any kind and is a seasonal residence. Property has deeded beach rights. Current market conditions in the area are strong, with waterfront community properties selling briskly, if asking prices are close to market value. Current, immediate fair market value is; $128,250 net (abt. $135,000 gross) Immediate refers to the ability to market and sell property in a reasonable amount of time. Current refers to the house and/or property in its current "as is" condition. Net indicates what amount would be received after any sales commissions are paid. If you have any questions concerning this appraisal, or the subject property, please feel free to give me a call at (516) 298-4600 during the day or (516) 2984356 in the evenings. Since` Robert A. MacLellan Lic. Real Estate Agent 1 z _ 1,ZplCl a..i ;5t 1 ,N g lit a 4.9 .5 4.1 4 f 5.7 = ;,t - r • ,~1 {1,LCIS l~ N c, 5.6 ;y n 7.3 4.13 T f t ~ 6 ?.2 r n rn 8.3 .so ;u k.0 A, 2 ' 25 } J .2Atc1 , =f .W g „W a 23 a s ~0' :1 g ~ t50'~ o rp 10 S w w j so c PAZ 34 %OQ 36.2 13 14 15 a+ _ ,12.2 • ~J V J 9 tp0 ' 36• ~ 36.10 s11s 12 3 S Sao tC, Cb ts~ 6 12.5 7.1 sa _ 14 • 17.2 w 36.11 µ 'S N r P 1.6A1c1 's 1g "1 a 12.4 + w• `Jyx'.M ~ to ~ 1. •5• r' 21.2 20 % 211 t g ri ~4 JO J 22 SrqC.FEu"E _ 4.1 . 0 t 1 ~t FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: - / 1997 Attached is an (original) (coP;of <_5„/.)t~ (n w information added to the iginal Town A file re: Pending Application of Y ( 4) y Other Comments: # of Pages Attached: Placed in Members' office mail boxes for update on 11 J97 y Board.Trans JUN-16-97 08=57 FROM= ID=12127939933 PACE 1/9 J the Cuzbark h,. Bank • • Odbank. IV. A. 1 153 fast 53rd Sneer 251h Fl" ti I N ewYork, NY100a3 TXE CM&WK PRIVATE H4XK ~ "K t V Facsimile Cover Sheet 61997 To: (As- ~VWAL-tkl Co.\Dept.: Phone: S 110 - ? bS - ) 400 Fax: Sib-764-I~ From: Richard F. Monaghan CoADept.: Citibank, N.A. - Trust & Estates Phone: 212-559-3600 Fax: 212-793-9933 Date: (~I,ti~g~? # of Pages: Comments: p~Le~tit~ +f T Wong Soak +Na c~l.~~ JUN-16-97 08:57 FROM: ID 12127939933 PAGE 2/9 ARCAGO TITLE INSURANCE COMP• 185 (RD 0XVIRY ROW, P-0. NX 218, RIVER", MW YORK 11901-0206 (516) 7Z7-"55 FAX (516) 727-x407 VARIANCE SEARCH TITLE NO.: 9708-00965 COUNTY OF SU77OLK } }SS STATE OF NEW YORE } THIS IS TO CERTIFY THAT RAYMOND E. FEDYNAK AND JACQUELINE M. HIS WIFE THE Omm(S) OF RECORD OF THE WESTERLY SIDE OF A 30 FOOT RIGHT OF WAY DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 015.000 AND LOT 016.000. THAT. THEY ACQUIRED TITLE THERETO BY DEED DATED 6/3/80 RECORDED LZHER 8834 CP 33 ON 6/6/80, THAT WE HAVE MADE A SEARCH OF THE RECORDS OF SUFFOLK COUNTY CLERK AND/OR REGISTRAR'S OFFICE , AND THAT SAID SEARCH SHOWS THAT NEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID PREMISES OWNED CONTIGUOUS PROPERTY AT ANY TIME SINCE 1957 EXCEPT AS FOLLOWS; NONE THAT THE APPLICANT HKREIN DOES NOT OWN ANY CONTIGUOUS-PROPERTY EXCEPT AS FOLLOWS t NONE THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELZANCB THEREON BY THE HOARD OF APPEALS AND/OR BUILDING DEPARTMENT OF TOWN OF SOUTHOLD. THE LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, AND SHALL HE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK. CHICAGO TITLE INSURANCE COMPANY L_&YN PEHRSON (516) 284 7009 SWORN TO BEFORE ME THIS 3RD DAY OF JUNE 997. NOTARY PUBtY c, COIINTY, N.Y. vwawcr NOP6PY PUBLIC, STATO F NFIN YORK - NO., 52-3627550, SUFFGLK COUNTY C kG:iSSiG°cX?IRFSwUG1ST317 P9_Q7 JUN-16-97 08:57 FROM: ID:12127939933 PAGE 3/8 VARIANCE SEARCH (Continued) TITLE NO.z 9708-00965 PART OF SUBJECT PREMISES: DIST. 1000 SEC. 123.00 RLOCR 05.00 LOT 015.000 DEED LEONE D. HOWELL AND LENA F. HOWELL, HIS RIFE TO THOMAS R. FAY AND SARAH HELLS FAY, HIS WIFE, AS TENANT BY THE ENTIRETY DATED: -12/17/51 RECORDED: 4/4/52 LINER 3337 PAGE 292 DEZD THOMAS R. FAY AND SARAH z+~-*¢ PAY, HIS WIFE TO ANTHONY J. MENDO DATED: 9/26/60 RECORDEDz 10/10/60 LINER 4886 PAGE 313 DEED ANTHONY J. MENDO TO ANTHONY J. MRNDO AND RUTH M. MENDO, HIS WIFE DATED: 11/16/78 RECORDED: 12/15/78 LINER 8550 PAGE 282 DEED RUTH M. MENDO TO RAYMOND E. FEDYNAR AND JACQUELINE M. FEDYNAE, HIS WIFE DATEDz 6/3/80 RECORDED: 6/6/80 LINER 8834 PAGE 33 LAST OWNER of RECORD VAFCC 2 - CONTINUED - JUN-16-97 08169 FROM: ID 12127939933 PAGE 4/8 VARIANCE SEARCH (Continued) TITLE NO.: 9708-00965 FAlW OF SUBJECT PREIRSES: DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 016.000 Dprm WILLIAM J. SCHREMPP AND MMMARBTP I. SCMU31PP, HIS WIFE TO ANTHONY J. MENDO AND RUTH M. MENDO, HIS WIFE DATED: 5/4/46 RECORDED: 3/7/46 LIBER 2561 PAGE 06 DEED RUTH M. MENDO TO RAYMOND E. FEDYNAR AND JACQUELINE M. FEDYNAIC, HIS WIFE DATED: 6/3/80 RECORDED: 6/6180 LIBER 8834 PAGE 33 LAST OMM OF RECORD PREMISES QU NO=Kz DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 036.010 DEED MASEL HOLLISTER HOUGHTON TO LEONE D. HOWELL DATED: 11/17/25 RECORDED: 11/11/26 LIBER 1164 PAGE 180 3 WCOW - CONTINUED - JUN-16-97 eB=SB FROM= ID=12127939933 PAGE S/B VARIANCE SEARCH (Continued) TITLE NO.t 9708-00965 DEED NARY A. MILLIGAN, AS TRUSTEE OF TRUST FBO LENA F. HOWELL UNDER THE LAST WILL AND TESTAMENT OF LEONE D. HOWELL, DECEASED. TO DOROTHY H- DETTMER AND MILDRED H. GREGORY, AS TENANTS IN COMMON DATED: 1/31/75 RECORDED: 2/21/75 LIBER 7800 PAGE 532 DEED MRS- MILDRED GREGORY AND MRS. DOROTHY S. DETTNER TO WEST END PROPERTIES ASSOCIATION OF CAMP MINEOLA INC. DATED: 6/30/85 RECORDED: 6/2/86 LIBER 10049 PAGE 255 LAST OWNER or RrA=w PREMISES ON EAST: FAY COURT PART OF PRE=B98 ON 80OTHx DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 018.000 DEED ELIZABETH WAMBACK TO THEODORE C. WAMSACR AND ELIZABETH WAMBACK, HIS WIFE DATED: 5/24/54 RECORDED: 5/28/54 LIBER 4120 PAGE 235 LAST OWNER OF RECORD Va T - CONTINUED - 4 JUN-16-97 OG:S9 FROM= ID=12127939933 PAGE 6/B VARIANCE SEARCH (Continued) TITLE NO.: 9708-00965 PAST OF PREMISES ON 80018: DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 017.000 DEED GENA F. HOWELL TO MICHAEL J. SULLIVAN AND ALICE S. SULLIVAN, HIS WIFE DATED: 10/29/53 RECORDEDz 11/4/53 LIBER 3605 PAGE 532 _ DEED MICHAEL J. SULLIVAN AND ALICE S. SULLIVAN, HIS WIFE TO JOSEPH PETERS DATEDs 6/28/60 RECORDED: 7/6/60 LINER 4835 PAGE 382 DEED JOSEPH PETERS TO WARREN R. HARDY AND MURIEL A. HARDY, HIS WIFE DATED: 11/24/67 RECORDED: 12/6/67 LIFER 6267 PAGE 121 DEED WARREN R. HARDY AND MURIEL A. HARDY, HIS WIFE TO MICHAEL H. REIRNE AND EDNA REIRNE, HIS WIFE DATED: 10/20172 RECORDED: 10/25/72 LISRE 7268 PAGE 368 LAST OWNER OF RECORD VARCONT 5 - CONTINUED - JUN-16-97 08=SB FROM ID=12127939933 PAGE 7/8 VARIANCE SEARCH (Continued) TITLE NO.: 9708-00965 PART OF PREIQBES CK WEST: DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 036.011 DAaD 29188E HOLLISTER HOUGHTON TO LEONE D. HOWELL DATED: 11/17/25 RECORDED: 11/11/26 LINER 1166 PAGE 180 DEED NARY A. mTT IGAN AS TRUSTEE OF TRUST FBO LENA F. HOWELL UNDER THE LAST WILL AND TESTAMENT OF LEONE D. HOWELL, DECEASED TO DOROTHY H. DEITERN AND MILDRED H. GREGORY, AS TENANTS IN COMMON DATEDS 1/31/75 RECORDED: 2/21/75 LINER 7880 PAGE 532 D® MILDRED H. GREGORY AND DOROTHY H. DETPNER TO POLLY BEACH LIMITED DATED: 11/17175 RECORDED: 8/26/75 LINER 7950 PAGE 512 DEED POLLY BEACH LIMITED TO PETER RREH, JR. DATED: 10/22/76 RECORDED: 11/5/76 LINER 8135 PAGE 367 LAST OWNER OF RECORD Y°T - CONTINUED - 6 JUN-16-97 06=56 FROM: ID-12127939933 PAGE 6/9 VARIANCE SEARCH (Continued) TITLE No.: 9708-00965 FWM OF PREIQSES ON HEST: DIST. 1000 SEC. 123.00 BLOCK 05.00 LOT 036.010 Dy3m MABEL HOLLISTER HOUGHTON TO LEONE D. HOWELL DATEDs 11/17/25 RECORDED: 11/11/26 LISER 1164 PAGE 180 DEED MARY A. MII.LIGAN AS TRDSTSE OF TRUST PBO LBNA P. HOWELL UNDER THE LAST WILL AND TESTAMENT OF LEONE D. HOWELL, DECEASED TO DOROTHY H. DETTERN AND MILDRED H. GREGORY, AS TENANTS IN COMMON DATED: 1/31/75 RECORDED: 2/21/75 LIBER 7880 PAGE 532 DEED MRS. MILDRED GREGORY AND MRS. DOROTBY S. DETTNER TO WEST END PROPERTIES ASSOCIATION OF CAMP MTTDti0LA INC. DATED: 6/30/85 RECORDED: 6/2/86 LIBER 10049 PAGE 255 LAST OWNER OF RFA=D vaFCOrlr - CONTINUED - 7 APPEALS BOARD MEMBERS . > SUfI~~ - 0 _ Southold Town Hall Gerard P. Goehringer. Chairman 53095 Main Road Sere Doyen o ;4 P.O. Box 1179 y $ James Dinizio, Jr. Southold. New York 11971 SK y y Fax (516) 765-1823 Lydia A. Tortora =~01 1a~ Telephone (516) 765-1809 Maureen C. Osterman BOARD OF APPEALS TOWN OF SOUTHOLD May 23, 1997 Richard Monaghan, Esq. 206 Concord St. East Williston, NY 11596 Re: Appl. #4469 - Raymond and Jacqueline Fednak Property Dear Mr. Monaghan: This will confirm that the Board Members have scheduled this matter for a public hearing to be held on Wednesday, June 19, 1997 at 8:00 p.m. at the Town Hall, Main Road, Southold, New York. In the interim, would you be able to furnish an original print of a map for the vacant parcel, and another map for the improved parcel (16) to show the original lot lines when they were first created, (when submitting the requested single-and separate search)? If surveys for each is not available, please furnish a similar drawing or map (signed by the preparer) which would show the property line distances and square footage of each. (It appears that the May 15, 1980 map furnished with the application is inclusive of both lots 15 and 16 as merged with an area of 22,500 square feet.) Should you have any questions, please call. Very truly yours, Linda Kowalski Z 452 553 539 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse BOARD OF APPEALS:TOWN OF SOUTHOLD sl 1-oLi_ L, Street & Number 41 c P~ CAM d~l.A .d In the Matter of the Application Post Office, State, & ZIP code I (`i SZ AFFI C Ll, nn` of Postage Certified Fee (Name of Applicants) I w~ Special Dative AFFIDAVIT OF MAILING AND POST N Restdcteti O1 Return R/ i. COUNTY OF SUFFOLK) m Whom &STATE OF NEW YORK) a Relum%e *Ste ng to 7 /1 -/r Q Date, & Addressee's Address $ r I, ~ W G Z ( yVay residing at 2` 37~.L6a'ri~? 00 TOTAL Postage &Fees 02 Postmark or Date New York, being duly sworn, depose and say that: 0 N 1) On the I& day of Qe Y-LC 199.7, I pe a by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address ~Iw ~Xa ( Mf cX ~S'~ kith n NL er _~ldci1f7ki, c~ r c e c 1 US?o ~ Ir ~ 6 t,t~o t ~ 1195. and, 2) On the day of Gt 1997, I personally posted the property identified as District 1000, Section 1',000 Block 1;~3' S , Lot 15$/b by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date o Caring note thereon to be held April 10, 1997). /j Sworn to before me this (signature) "day of 7v 1997. 61 JO ANN LECHNEFI RCi1! of Hev! YA No. . 4837813 Y dry Public _[l Nassa u Coin~q 9 :::,ion ExNassaxpires April 30, lyy (Please return to the office of the Board of Appeals when completed. Thank you.) let~ o-~ sP r, P 182 371 502 29 t,+r~ /99 s ~ f 41 o YGhk.N'f NEW "'j ^ VM1 fE.f i'iV 2S y' F~ ~i s ",FEE HMOUfT 40 6or 7Y $1.10 pp« -71 If, Will fill fill fill i APR-~,8-1997 12:05 DRAFTDIRECT WORLDWIDE 212 692 4274 P.01 1 0 633 Third Avcnuc Td 212 692 4000 New York, NY 10017 Fm 212 692 4024 DraftDirectWorldwide Facsimile Darc 4 a 1 To OF APPE-Al-5 Company ~Ulkl F Vt SCA Jt {1[7 Fax Number Pages J From 'r~2..C~c~1 ma Dirca Zinc ryZ 2 - L}-Q (p cc: rlnt 812 u APR-iB-1997 12:06 DRAFTDIRECT WORLDWIDE 212 692 4274 P.03 r APR 18 April 18, 1997 Gerard P. Goehringer BOARD OF APPEALS Southold Town Hall P O Box 1179 53095 Main Road Southold, NY 11971 Re: Appl. 4469 - Raymond Fedynak (Substandard Lots) Dear Mr. Goehringer. In order to comply with your correspondence of April 16,1997, we wish to adjom to the next meeting of the Board Of Appeals on May 7, 1997. Very truly yours, Ra nd Fedynak 4 TOTAL P.03- APPS S BOARD MEMBERS g~1FF0(,~ Southold lbwn Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen P.O. Box 1179 James DWzio, Jr. . Southold, New York 11971 ftebefmt-wk • Fax(516)765-1823 Lydia A. Tc ore j .1~ •~,`~a Telephone (516) 765-1809 Maureen c. ostermann T BOARD OFAAPPEALS TOWN OF SOUTHOLD April 16, 1997 Richard Monaghan, Esq. 206 Concord St. East Williston, NY 11596 Re: Appl. No. 4469 - Raymond Fedynak (Substandard Lots) Dear Mr. Monaghan: Zoning board member(s) are requesting a single-and-separate search by either an attorney or title insurance company, which will include a map with confirmation of the original lot lines when the lots were first created, and which will include ownership, dates and lot line information relative to each lot creation. The hearing has been advertised for 6:55 p.m., Thursday, April 24, 1997, and confirmation was sent on April 8, 1997, to the owners with the sign for posting at the property and our request for other notice requirements (certified mailings) to be finalized. If you have any questions, please call our office. Very truly yours, ~~~'G GERARD P. GOEHRIN C~ CHAIRMAN cc: Appeals Board Members Mr. and Mrs. Raymond Fedynak -----.aGAL NOTICE NOTICE IS HEREBY GIVEN, Pff- suant to Section 267 of the Town Law d and the Code of the Tom will ut Southold, the following applications for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, .53095 Main. Road, Southold, New Ywk 11971, on THURSDAY, APRIL 24, 1997 at the_ I ,:.+....,,ved.below (or as soon there- . \4J after as possible} , - Orient, NY. 1000-181&5. 6:45. p. Appl. Na- 4465:- The Board of Appeals will at said BARRY AND CAROL Ate... trust and place hear any and all persons SATE OF NEW YORK) This is s variance based spon the or representatives desiring m be heard March 5-j9V- BuiWwg-Iuspeaw's - . in the above applications. written com-. ) $S: Action of<Di ptuval• uod-Ar icle ateels.may also be submined prior to IXXU" Section 100-239.4A(1~ to the, conclusion of- the subject CO F~ ^SUFFOLK base swimming pool sviW deck areas hearings} The above hearings for 1 1 within 100 R of the Long Island Sound reviews during regular business bows. ( bbb of Mattituck, In bluffer bank, at premiss known as If you. have questions, please do not 2879 Ruth Raid Exsension, Mattituck, said County, being duly sworn, says that he/she hesitate to call 765-1809. NY Parcel M1000.105-2-21. Dated: March 31, 19917 is Principal Clerk of THE SUFFOLK TIMES, a 6:55 p.m. Apps. No. 4469-RAY- BY ORDER OF THE SOUTHOLD Weekly MOND FEDYNAK conning prop. TOWN BOARD OFAPPEALS y Newspaper, published at Mattituck, in arty located along Fay Cams (private GERARD P. GOEBRINGER, the Town of Southold. County of Suffolk and mad). Mattituck, NY. Applicant is Chairman requesting: By bodes Kowalski State of New York, and that the Notice of which a) a Waiveru-der Article cton Section 8935-1Tg17 100-26 based- upon on -Action of the annexed is a printed copy, has been regular- Disapproval by the. Building Lmpecior ly published in said Newspaper once each week under Article Dr. Section 100-25A: which states Let 1000-123-545 for I weeks 8 CCesslvely, Ommencing on and have been helhel have merged as the 1-7 day of 1`.i"1L. they have been d in common own- ~T~ ership at some time since July 1, 1983. Bah lots were created by dad prior to April 9, 1957 and mat the require- ments of 100-24A(1). 1000-123-5-15 6n n consists of 75001- sq. ft., and 1000. 123-5-16 consists of 15,000a sq. ft. of Principal Cler land area b) As an altemauve. area variances under Article ID-A, Section 100-3OA3 (Bulk Schedule) for each Parcel No. Ct. 1000-123-5-15 and 1000-123-5.16 as Sworn tO I;CfOiC me this /lJ separate lots in this R40 Residential Zone District, which Zone District day of 19 Cf 7 requires 40000 sq. R of let area. 150 ft. lot width, and 175 ft lot depth. t.J MARY DIANA FOSTER 7:15 p.m. BELLATIANTICJ NOTARY PUBLIC, STATE OF NEW YORK NYNEX. Carryover from Mum 19, ; NO. 52-4655242, SUFFOLK COUNTY 1 1997. Property bated at Main Road, COMMISSION EXPIRES AUGUST 31, 19 i NOTICE OF HEARINGS _ SOUTHOLD TOWN BOARD OFAPPEALS THURSDAY, JULY 24, 1997 NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, Me following applications will be held for public hearings by the SOUTHOLD STATE OF NEW YORK) TOWN BOARD OFAPPEAIS, at the Southold Town Hall, 53095 Main Road, ) SS' Southold, New York 11971, on CO OF SUFFOLK) TlRMNAY, JULY. 24, 1997 V do I AYI~ thaw a bd below (or ss soon thewYbt 0r of Mattituek, in r ~T- vw pp..m. Appl. No. 4469 - ItAY• said County, being duly sworn, says that he/she kq!lFY997 for continuation. is Principal Clerk of THE SUFFOLK TIMES, a ilea Jtrw 19,1997 for oominuatian. (I) „ Impact for waiver under 100-A ad Weekly Newspaper, published at Mattituek, in fYwative relief for area varbans. location: Fay Court, Manion the Town of Southold, County of Suffolk and -5.15. td P.m. Appl. No. 4496 - JIM State of New York, and that the Notice of which it,tG11Ji0UN. This is an appliatloa thaW upon the Building Inspector's the annexed is a printed copy, has been regular- May IX 1997 Action of Disapproval l y in said Newspaper once each week which states that under Article XXRL y p 7ectim 100-239.4A(lx2) propasad for weeks successively, gommencing on haground sng 10 with deck y aaaw be be beyond 100 feet fee[ from a bhr$ or the da O 19 back Iwd also beyond the 100 B. aver. 4p V* water mark of Fishers Mead sr.W. location of Property: Private fond of East End Road, Fishers h1mi, H1(;. County. Parcel No. 1000-32-7, eoalakl{ng 2.74± acres in total enw. T,a t-IZO. Principal Clerk '1'Board of Appeals will at said lira maid place bear any and all persons LEI ar wpresentatives desiring to be heard in h^' the above applications. The above hear-- ings will not start before the time desig- nated. Each file is available for review Sworn to fore me this during regular business hours (8-4 day of 19 7 p.m.), and written comments may be submitted before that hearing is con- eluded. If you have questions, please do -t% / lltif.~t~L ) lu1 MARY DIANA FOSTER not hesitate to call 765-1809. 61 NOTARY PUBLIC, STATE OF NEW YORK Dated: June 25,1997. N0.52-4555242, SUFFOLK COUNTY BY ORDER OF THE SOUTHOLD COMMISSION EXPIRES AUGUST 31,19 q 7 TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski 1050-1TJV3 APPEALS BOARD MEMBERS • gUFFO(,~ y 0~0 C~ ~ Southold Town Hall Gerard P Goehringer, Chairman 53095 Main Road Serge Doyen w~° v P.O. Box 1179 James Dinizio, Jr.Southold, New York 11971 Fax (516) 765-1823 Lydia A. T ora Telephone (516) 765-1809 Maureen C. ostermann BOARD OF APPEALS TOWN OF SOUTHOLD April 8, 1997 Dear- Please find enclosed a copy of the Legal Notice confirming a date of Thursday, April 24, 1997 for the public hearing on your application. Publication will be sent by our office to the newspaper for this week in the Suffolk Times. Also: 1. Enclosed is a sign which must be posted within 10 feet from the front property line (facing the traveled roadway or town street). After the sign has remained in place at least seven days, the enclosed Affidavit should be signed before a notary public, and returned to our office by April 23, 1997. (The sign may remain in place longer, which is always preferred - but not required by law.) 2. At this time, please send a notice with the April 24, 1997 hearing date noted thereon, or a copy of the enclosed Legal Notice, by certified mail, return receipt requested, to the surrounding property owners. 3. The enclosed Affidavit should be signed before a notary public after the sign has remained in place for seven days. When returning the signed Affidavit, please be sure to attach the postmarked (white) certified mail receipts attached. 4. Later, after you receive the returned signature (green) cards, please return them at that time for the permanent file. During the last few days of processing (prior to the hearing date), you may wish to stop by, or call us, to review your file for updates or new communications added to the file. Very truly yours, da Kowals Enclosures MaryAnn Cybulski P. S. For your convenience, we enclose another copy of the "standards" of law to be addressed at the hearing, or in writing beforehand. (Waiver standards, or area variance standards). Standards for a new use (such as a special exception or a variance for a "non-permitted use" are different than those for a waiver or area setbacks). Please call if we may be of assistance to you. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: A. If a lot has merged, the Zoning Board of Appeals 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; 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 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. r zr~'aw AREA VARIANCE Amendments 5267b-3 Effective July 1, 1992: AREA VARIANCE is authorization by the ZBA for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning code regulation. 5267(1) of Town Law. The new Statute no longer includes the term "practical difficulty" or.any particular test, and now provides that ZBAs consider two basic things: 1. the benefit to the applicant if the variance is granted; and 2. the detriment to the health, safety and general welfare of the neighborhood or community that would occur if the variance were to be granted. In balancing the interests above, ZBAs must also consider the following five factors for an AREA VARIANCE: 1. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if granted; 2. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3. whether the area variance is substantial; 4. whether the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5. whether the alleged difficulty was self-created, which consideration shall be relevant to the ZBA's decision but shall not preclud4 the granting of an area variance. Also, as part of the "balancing concept," the new Statute provides that: 6. the ZBA shall grant the minimum variance that it shall deem necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 5267-b(3-c) of Town Law. nev vevnru 'r. u NU Lr S z EZ LD i 5 - w/t V t:K U& vA~eia~ c ~ ~ 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: fi?pyfi0p1b f Tj4C Qu ErL fAiL~ AYn///~I k DATE OF PUBLIC HEARING: ;s- APRIL A I S" Jq97 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 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 ~0t + X06 FA Cr., M Pair, 1-u K APPEALS BOARD MEMBERS ~~gUFFO(~ c ,~O OG Southold Town Hall Gerard P. Goehringer, Chairman c y~ 53095 Main Road Serge Doyen W Z P.O. Box 1179 James Dinizio, Jr. 5 ,F Southold, New York 11971 Fax (516) 765-1823 Lydia A. Tortora # Telephone (516) 765-1809 Maureen C. 0stexmern BOARD OF APPEALS TOWN OF SOUTHOLD April 24, 1997 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4469 Project/ Applicants: Raymond Fedynak County Tax Map No. 1000-123-5-15 & 16 Location of Project: Fay Court (Pvt. Rd.), Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: a. Waiver-Merger Determination b. Area variances - as separate lots This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 cf the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Farm has been submitted; however, Section 6017.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA (specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. ~~FFOIK~. Town Hall, 53095 Main Road v0 ? P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLFRK (516) 765-1801 RLGISrRAR Or VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4469 DATE: MARCH 25, 1997 Transmitted is an application for a variance submitted by Raymond E Jacqueline Fedynak together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk _ SEE SEC.lq. 115 MATCH LINE SEE SEC. NO. 115 'I' SEE SEC. W. 135 J •a LxE ' SEE SEC.N0.115 / MATCH p FCR PAPCEL 4?iCx _ Lx£ 4<LCx LINE 53" n ~s i FOx PAfIC[L N0. t 1.4P--~ ` N , f} a A . SEE X11018 1 N SEC -J9-OOA i 1~P ' 2 i > i , .2 2 $ p P \ ITJ / / Toxx a 34" HALE A „ a 61 9 6 . 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ALTERATION, ION a ON V' VILLAGE OF .1 PORTION Y 123 --z- snP.w.. wnlwxd 1211 O ' I" _ IFA "lo _ .mn.,n asFiHMIV>ti a v°R Count Center Riverhead, N Y :1901 ( u „„r, . • - xa:aex.nn Ix. «r Arzx Y M SUrFMX E C L1 4P LOLNI. ISM MAP 5 INOISINDED 1000 E Unn.m t„ .•.n P C, T, lw I Amnc, Ue„tl ln. P?W flE RtNEXT .m •:0 MilY.l NO Pfii1fN PERMISSION OF F THE N • 5••• 1i :n v,. o'n.-k, w --P :wa,. wnb la - ?W41uRi •S [.•IEP Alllq°i FELL ~ERir TAX SEFVicE ACENCI. SCALE M FEET: PROPE RT'! MAI O D :..u A. 121 Alcl or 12.IP 12.1 Alcl 8 CONV:R511` 0AI(: Sep. te.'oee -r f x337 1ep~~i rr7(~ Z 417 719 978 PE . NY I; HPMM'JN II`~. ovreosm~cs - ~ oozi+~ 4%re $2,75 quil" OOC47318-ZB Tani 0? ~`~c~i ~C f7l I RECEIV MA 2 1997 U t z-~/+ e f~t .i Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK ~f L~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / n/ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) RAYMOND & JACQUELINE FEDYNAK of .-2337 WEBSTER STREET Name of Appellant Street and Numoer NORTH BELLMORE NEW YORK HEREBY APPEAL TO . Municioality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTC^ ON JANUARY 14, 1997 1 30 APPLICATION FOR PERMIT NO DATED ..........................................~....._IP WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XX) THE OWNERS THE RIGHT TO UNMERGE THEIR TWO PARCELS OF REAL PROPERTY 1. LOCATION OF THE PROPERTY ...........205 155 FAY COURT T_,MATTITUCK,t„NEW YORK Street /Hamlet / Use District on Zoning Map . RAYMOND & JACQUELINE FEDYNAK District 1000 Section Block Lot __Current Owner . Map Na. 1000-123 Lot No. 15916 Prior Owner RUTH MENDO 2- PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article II Section 100-25A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (XI PERMISSION TO UNMERGE PARCELS 15 & 16 OF SRCTTON 1000-121 4. PREVIOUS APPEAL A previous appeal Ctii51i) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance - (X) is requested for the reason that THE BUILDING INSPECTOR'SDECISION OF DISAPPROVAL SIGNIFICANTLEY IMPAIRS APPLICANT'S-ABILITY TO PROPERLY.PLAN THEIR RESPECTIVE ESTATE AND DENIES THEM THEIR RIGHT TO MAKE GIFTS TO THEIR ISSUE. THE BUILDING INSPECTOR'S DISAPPROVAL WILL CAUSE APPLICANT'S ESTATE TO BEAR MORE ESTATE AND POSSIBLE GIFT TAXES THAT ULTIMEMATELY MIGHT NOT OTHERWISE HAVE TO BE INCURRED: Form ZHI (Continue an other side) i • . REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneccs- sary HARDSHIP because APPLICANT'S HAD OVER THE YEARS DISCUSSED GIFTING A PARCEL OF THEIR MATTITUCK PROPERTY TO THEIR CHILDREN SO THAT THEIR CHILDREN MIGHT ENJOY THE BENEFITS AND ADVANTAGES OF OWNING PROPERTY ON THE NORTH FOLK. THE PRACTICAL DIFFICULTIES PRODUCED BY THE DECISION ARE THAT THE CHILDREN WILL NOW HAVE TO WAIT UNTIL THE DEATH OF BOTH PARENTS BEFORET'NEIRRIGHT TO THE PROPERTY WILL COME TO FRUITION: THE APPLICANT'S HAD INTENDED TO GIFT A PARCEL OF PROPERTY TO THEIR CHILDREN IIORDEI THAT THE CHILDREN WOULD BUILD A HOME AJACENT TO THEIRS'IN MATTITUCK. THE SECONDARY PURPOSE WAS THAT THE APPLICANT'S WOULD ALSO AVAIL THEMSELVES OF THE GIFT AND ESTATE TAX UNIFIED CREDIT REDUCING THEIR ULTIMATE ESTATE TAXES AND EFFICIENTLY PLANNING THEIR ESTATES. THE DISAPPROVAL CAUSES UNNECESSARY HARDSHIP IN SO FAR AS APPLICANT'S MUST _REVISE. THEIR ESTATE PLANS,U11TIMATELYDELAY DISPOSITION OF THEIR REAL PROPERTY UNTIL THE SECOND DIES AND THEIR;CHILDREN ARE DENIED THE OPPORTUNITY TO ENJOY THE BENEFITS OF BUILDING AND LIVING IN A HOME,ON THE NORTH FOLK OF LONG ISLAND. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ESTATE AND GIFT PLANNING IS UNIQUE TO EACH AND EVERY CITIZEN OF THE UNITED STATES. 'THEREFORE, DENIAL OF THE RIGHT TO DISPOSE OF ONES PROPERTY IN THE.WAY ONE WANTS IS UNIQUE IN-AND OF ITSELF. IT IS CONSTITUTIONALY PROTECTED AND RECOGNIZED BY STATUTE AND COURT DECISION. 3. The Vorionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE GIFTING OF THE PROPERTY TO APPLICANT'S CHILDREN ` AND THE TUILDING OF HOME ON THE PREMISES WOULD HAVE-NO SIGNIFICANT IMPACT ON THE CHARACTER OR NATURE OF THE ENVIRONS. THE DISTRICT'S SPIRT AND CHARACTER WOULD REMAIN UNALTERED. JALI E FEDYN K STATE OF NEW YORK ) ss COUNTY OF NASSAU ) . 'RAY NO FEDYNA ignot r MARCH 'Sworn to this / day of........................................................ 19 97 Notory Publi - ' ' I ' r)...u-.' is 1 .a.' _ Cr,' 1Y..4 ~lq BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of RAYMOND & JACQUELINE FEDYNAK NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] TO MERGE PARCELS 15 & 16 OWED BY THEM ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: SEE ATTACHED SURVEY 3. That the property which is the subject of such Petition is located in the following zoning district: LOT SCTM #1000 123-5 - LOTS 15 & 16 -l That bN such Petition, the undersigned will request the following relief: THAT LOTS 15 & 16 BE UNMERGED 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II Section 100 -26 r [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. _ Dated: MARCH IV 1997 L~iyr • ~Y titi er Owner 5 'Name 5 : RAYMOND & JACQUELINE FEDYNAK Post Office Address NORTH BELLMORE, NY 11710 Tel. No. ( 516 781-9596 [Copy of sketch or plan showing proposal to be attached for convenience purpuses.] Z 417 Z L Z 417 Z 417 733 US Postal Service US Postal Se US Postal Service Z 417 733 768 Receipt for I Receipt Receipt for CE US Postal Service US Postal Service No Insurance Cove No Insurance No Insurance Coverac Receipt for Certif Receipt for Certified Mail Do not use for Inter Do not use to Do not use for Intema, No Insurance Coverage Prc San to Sentt Sent to Do t tonot use for International No Insurance Coverage Provided. Z/-/ C [,~5 Do not use for International Mail (See reverse 4_ "Y. Stre Num r Str t&Nu StreetAA Number A-e H' L-r-T. I ? Sent to ^ r~ et 8 er~u K 9L x Po ice late, & ZI Po t Office Ste Po Office, State, 8 ZIP Cf4MG61/u S~r~ 8 Wggg Avn- tv/ n k t vu-6 Po t Office, State, & ZIP Code P KKst OMi e, St 8 Cade II ` Postage Postage Postage ~t~K I ~E N (S7Q Postage $ Certified Fee Certified Certified Fee Postage $ L Certified Fee / Special Delivery Fee S er Spatial Delivery Fee Certified Fee Spedal Delivery Fee Restricted Delivery Fee ed Delik Restricted Delivery Fee Special Delive Wl "D rn M R Deyv;ry F ilb mm Retum Recei win rn Receipt Co Retum Rec win Rests i ee~ Whom 8 D W INB Date [ Whom & vere Co ecei ow `n a n Rehm R tot n ' 1Sh a RetumR to P! at iverad, m Return Showi 19 Whom Deliver~IN < Date, &ec Addres < Da sses < Date, 8 s Add` Receipt wing to Wh B Address~t4ddress L ReWm wmgt O TOTAL P 8 Fee: O TOTAL O TOTAL e & Feet < Date, & Aft is Address )AW lh s m CO m • O Postat" Fe O TOTAL We & SC, L.- Postmark ore Postmark or Da fvf Postmark OD 00 to i JO Postmarko tl r t 4 E P or i a LL O d a a 1 tll LL a m ED ,V~} B/b2NF /F~ ~i~o,~~ic/vE R~kriicc E'EC' %%s7o- STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) ?ie rMgvtak residingat 2331 6tlebsaii- _Sf kbr+k &11WL04,-P )Vt17f being duly sworn, deposes and says that on the 1_ day of MAf_Ck -.19 017 deponent mailed a true copy of the. Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assIes/sm'e~n/t roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at /V0 T[I f °~,rn re- ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to~ before ~ me this _y day of M l4 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) TOWN of SO" THOLD OFFICE OF BUILDING INSPECTOR Town Hall Receipt NO.5 2 4 71 Southold, New York 11971 Date :.J,.1. 9.f... p n Received of u~'ti-r1n~:.....~ +i f ~/r..i7 -~~0../100 Dollars L~~ For. .......................12 ~AA ee for Fee for Fee for Fee for Certificate ? Yard Sale ? ? ? H.I.C. ? Building Permit ? of Occupancy Misc. ? Case Check r E a .:..~ro Building Department I. r I I 7 0 The N.Y.S. environmental Quality Review Act reauires submission of this form, and an e,virotw~ental review will Le maaa Ly this wara before any action is taken. SHORT MTVIRONMENTAL ASSESSMENT FORK INSTRUCTIONS; (a) in order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes XNO 2. Will there be a major change to any unique or unusual land form on the site? _Yes XNo 3. Will project alter or have a large effect on X an existing body of water? _Yes _No 4. Will project have a potentially large impact on X groundwater quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? _Yes _X_No 6. Will project affect any threatened or endangered" plant or animal species? _Yes X No 7. Will project result in a major adverse effect on X air quality? _Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or future recreational opportunities? _Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have any impact on public health or safety? _Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X period or have a major negative effect on the No character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes __2_No Preparer's Signature: 7... Representing- RAYMOND & JACQUELINE FEDYNAK '28A 4/95 _ Date: r ,n 1a.16J 121671-Teat 12 PROJECT I.D. NUMBER I 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR 2. PROJECT NAME RAYMOND & JACQUELINE FEDYNAK NOT APPLICABLE a. PROJECT LOCATIONOUTHOLD SUFFOLK Municipality 5 county A. PRECISE LOCATION (Street address and road intersections, prominent landmarks. etc., or Provide Mao) LOTS SCTM 1000-123-5-15 16 FAY COURT-MATTITUCK, NEW YORK 5. IS PROPOSED ACTION: ? New ? Expansion ? Modlficatlonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: TO UNMERGE LOTS 7. AMOUNT OF LAND AFFECTED: Initially acres ultimately acres 6. WJ~IIL-1L1 PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? JU.1 Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT7 SJ Residential ? Industrial ? Commercial ? Agriculture ? Park Worest/Open space ? Omer Describe: HOUSEAND ADJACENT VACANT LOT 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ? Yes IM No If yes, list agency(s) and permitrapprovats, 11. DOES ANY ASPECT OF THE ACTI,;.V HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes M N~ If ye:. list agency name and permltlapproval 12. AS A RESULT CF PROPOSED ACTION WILL EXISTING PERMIT:APPROVAL REQUIRE MODIFICATION? ? Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ADDllcantlipo or name: Dare: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .(Continued on reverse side) A QU=STIC_TNAIRE FCR F111ZIG WIT?? YOUR Z g. _ 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 sJ~eet may be attached.) ~ ua ' ~JNt B. Is t arxet he subject premises listed on the real estate m nor sale or being shown to prospective buvers? { } Yes { k } No. (Zf Yes, please aft=h cmpy Of "conditi. n of sale-) C. Are there anq Tm'cposals tm tbange mr alter land center-.? { } Yes (k) No D. 1. Are there any areas which contain wetland grasses? -h/0 2. Are the wetland areas shown on the map submitted with this application? N-9_ 3. Is the property bulkheaaed between the wetlands area and the upland building area? --A~Q_- 4. If your property contains wetianas or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? AL_ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/M (If not applicable, state "N.A. F. Are there any patios, concrete barriers, bulkheads or fen=s which exist and are not shown an the survey map that you are submitting? N 0 If none exist please state „none.„ G. Do you have any construction taking place at this time concerning your premises? tj t)_ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? L\in _ If yes, please explain where or submit copies of deeds. I. Please list ~y. present use or operations conducted at this parcel P.QSi tCN ~,A( and proposed use Authorized Sign turc ane Date 3/87, 10/901k FEB-25-1997 8933 DRAFTDIRECT WORLDWIDE 212 692 4274 P.82 ~ 171(5 I1mFJ/111RF. made the 3rd day f June. , oioeteen hundred and c.;;Itty • BEIVVF.F.N - ~1 - RUTH M. MENDO, residing at 981 East 39t?~ 5t:reet, Brooklyn, New York cc F, Party of the fort part, and RAYMOND E. FEDYNAK and JACQUELINE M. FEDYNAK, 0,-V his wife, both residing at 237 Webster Street, North Bellmore, 'W=• New York t fv "of the noond part, WrME SEM that the pasty of the test part, in mosdrsatioo of TEN (10.00) - - - - - - - - - - - _ - - - - - - -dd4rs. <f-'00 lawful mumeyof the United Statcs, paid •,ia~g Oa by the party of the aeaond part, does beteby grant and release unto the party of the seomd pat, the heirs or A , woorsom and arigot of the putt' of the stand part forever, e~(o_c PARCEL I ALL that Whin pbt, pieee or partd of bn , to bo a7dmp and imptovemauts theme erected, notate, OS•0 C yiogandbeiog*gti At Mattituck, Town of Southold, County of Suffolk, kati State of New York, on the westerly side of a certain 30 foot right O/,$ ODD of way heretofore established, hereinafter referred to as the north and south right of way which runs northerly from another certain 30 ?/6 6, 10 foot right of way heretofore established, hereinafter referred to as the east and west right of way which extends westerly from the east- erly line of property of Leone D. Howell, heretofore conveyed to him by Mabel Hollister Houghton, by deed dated November 17, 1925 and re- corded in the office of tiie Clerk of the County of Suffolk on January 11, 1926, in Liter 1154 of Deeds at page 180; said north and south right of way upon which the premises herei:! conveyed front being parallel to and 100 feet distant westerly from the westerly side of the 25 foot right of way established by an agreement between George B. Reeve, Florence B. Reeve and Phoebe M. Hollister, recorded Sep- tember 5, 1907 in the office of the Clerk of Suffolk County i:, Liter 629 of Deeds at page 158 and hereinafter referred to as the Reeve- Hollister right of way, the westerly side of which right of way is the easterly line of land purchased by Leone D. Howellfrom Mabel Hollister Houghton by deed dated November 17, 1925; BEGINNING at _a stone monument set in the westerly side of said north and south right of way and distant 100 feet northerly from the inter- section of the westerly side of said north and south right of way with O the northerly side of said east and west right of way, which point a of beginning is also the northeast corner of land heretofore conveyed to Edith G. West; running thence westerly along the northerly line of said land of said M Edith G. West 50 feet and . thence westerly along the northerly lie of land now of 'dambach, 50 feet and thence along the same course 50 feet beyond into the lard of Leone D. Howell, making the total distance from the westerly side of said north ` and south right of way 150 feet; thence northerly parallel with the westerly side of said north and south right of way 100 feet; thence easterly and parallel with the first described course 150 feet to the westerly side of said north and south right of way; thence southerly along the westerly side of said north and south right of way 100 feet to the point or place of beginning; making a plot 100 feed in width in fro t on said -.orth and south right of way by 150 feet in depth; - (cont.) FEB-25-1997 09=34 DRAFTDIRECT WORLDWIDE 212 692 4274 P.03 TOGETHER with the right Apaas and repass over the said Reev Hollister right of way a nding from New Suffolk Avenue sou ly to the southerly side of said east and West right of way which extends from the said Reeve-Hollister right of way westerly 70 degrees 0 min- utes east, as far as the same is now or may later be laid out. IT IS u..derstood that the rights herein granted in and to the said Reeve-Hollister right of way shall riot include any rights over the said right of way extending south of the intersection of said right of way with the southerly line of said east and west right of way, that is, that part or said Reeve-Hollister right of way running from the southerly side of said cast and west r'.ght of way to the Bay. The point of il•:tersect:.on of the southerly side of tLe said east and west right of way and the westerly side of the Reeve-Hollister right of way is distant 170 feet northerly as measured along the westerly side of said Reeve-Hollister right of way from the bulkhead line on the shore of Peconic Bay as heretofore established by Leone D. Howell. In lieu of such access to the Bay, a right of way to the shores of PBconid Bay is hereby granted over a strip of land lying west of the premises heretofore conveyed to F. M. Jones, which said strip of land is 60.05 feet in width on the southerly side of said east and west right of way and 95 feet in width on the shore of Peconic Bay at the bulkhead line heretofore established and mentioned in said deed to Jones, with full and free access to the shores o^ said Peconic Bay; this strip of land being set aside for the use of purchasers of lots from Leone D. Howell, which purchasers have no other access to the waters of Peconic Bay and which said strip shall be used in common by such purchasers and which rights shall be construed as running with the land herein conveyed and which may not be separately con= veyed by the parties of the second part hereto. TOGETHER with the right of way over said north and south right ofway extending northerly from the east and west right of way to the north- erly line of the land herein conveyed, said right of way, however, to conti,ue northerly as said north and south right of way may be extended PARCEL 2 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituek, in the Town of Southold, County of Suffolk, State of New York, on the westerly side of a certain 3u-foot rignt of way hereby established running northerly from a oertsin right of way here- tofore established extending westerly from the easterly line of the property of. Leone-D. Howell as conveyed by Mabel Hollister Houghton by deed dated November 17y 1925, and recorded in the Office of the Clerk of the County of Suffolk January 11, 1926, in Liber 1164 of Deeds at Page 180, said right of way hereby established being parallel to and 100 feet westerly from the right of way established by a.: agree- ment between George B. Reeve, Florence B. Reeve and Phebe M. Hollister, and recorded September 5th, 1907, ir,. the Office of the Clerk of Suffolk County in Liber 629 of Deeds at Page 116, and more particularly bounded as follows! BEGINNING at a concrete mom ment set _n t'ie westerly side of the right of way hereby established and at the southeast forner of the premises hereby conveyed, distant 200 feet- northerly-from the intersection of the said westerly side of this new right of way with the northerly side of the east and west right of way mentioned herein as heretofore laid out; running thence westerly and at right angles to the new right of way and along land now owned by Anthony J. Mende, 150 feet to a concrete monument; thence northerly along land owned by i,eone D, Howell, 50 feet to a concrete monument; running thence easterly at right angles to the new right of way, 150 feet to a concrete monument, set in the westerly side of the said new right ofway; running thence southerly along the westerly side of said new right of way, 50 feet to the point or place of beginning. TOGETHER with the right to pass and repass over the 25-foot right of way established by George B. Reeve, Florence B. Reeve and Phebe M. Hollister, recorded September 5th, 1907, in the Office of the Clerk of Suffolk County in Liber 629 of Deeds, Page 168, extending from New Suffolk Avenue southerly to the southerly side of another right of way (cont.) Re Fa FEB-25-1997 0935 DRFFTDIRECT WORLDWIDE 212 692 4274 P.04 ~oas~ 34 - AL 2 (cont.) 30 feet wide established by Leone D. Howell, extending from the first named right of way westerly 70 degrees North 0' Fast as far as the same is now or may later be laid out; TOGETHER with the right to pass and repass over a right of way 30 feet wide established by Leone D. Howell, exter,di.:g from the first named right of way westerly 70 degrees North 0' cast as far as the same is now or may later be laid cut; TOGETHER with a right of way to the shore of Peconic Bay over a strip of land lying to the Nest of nremi-ses conveyed b;,, Leone D. Howell and Lena F. Howell, his wife, to Fred M. Jones, being 60.5 feet on the south- erly side of this last-mentioned right of way and 95 feet in width on the shore of said Peconic Bay at a bulkhead line heretofore established and mentioned in the deed to Jones and others, with full and free access to the waters of said Peconic Bay; TOGETHER with a right of way over a 30-foot strip of land which is referred to herein as the new right of way extending northerly from the second mentioned or East and West right of way northerly to the northerly line of the land herein conveyed, the said right, however, to continue automatically as the right of way may be extended. a z f s FEB-25-1997 09:35 DRAFTDIRECT WORLDWIDE 212 692 4274 P.05 its rev,2renr •!V G$171ER with all right, tick and TO interest if ray; of the party of the fast pare in and to any streeb and toads abutting the above described premises to the center lines thcmf, , • TOGETHER with the apputaaoces and all the estate and rights of the party, of the first part in and to aid premises, TO HAVE AND TO HOLD the poemues herein granted unto the party of the second part, the heirs or suomsors and ridges of the party of the second part forever. AND the party of the first part covenants that the party of the firs[ part has not time or suffered anything whereby the said premises have been foeombcrsd in any way wbatever, except as aforesaid AND the party of the first put, in couplisuce with Section, 13 of the Lien law, covenants that the party of the first part will receive the ceasWeration for this conveyance and will hold the right to receive such consid- erationas a trust fund to be applied first for the purpose of paying the cost of the improvement and wild 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 PmP- The word "Party' shall be construed as if it read "parties" wbene rer 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 lit pw~cz or: (~NC~{ONc~ Nt~NA9 t40404 rrtR I TOTAL P.05 FEB-25-1997 10:10 DRRFTDIRECT WORLDWIDE 212 692 4274 P.02 ° - ST.i:J. CF' 'N*vel -Olt:, -JG5 as~ • COU\:P C Kt Gn this 34;!d day of TV tv ,]Soo, befocc rya pe:sOnsliy came /jNNOMI MEuD~ to Me known co be t: e indivi3u2l d,.,crI13a6 -C and v;:o c);ccured the fOre&ain, _:..,t-u- ?_•nt and co ma:knea.n to be the attcrney-in-_ecr. O: (jvTv A.AWAV ehe ir.Lieicual dasccibed in and who by hie a=totney-ir.-fact, erecuc_d zhe sare, and aclcncwiedged chat he executed said, instrument as the act and decd of said RVT{f M. M@MTA by V'_rtu^- of powcr of L::toY.ey, cscad AFAIL Ej 1490 . and intended t~Odod Tultaacous' erewicn, 4mA¦3 ruwc. M I Rcr Ne11- `^'T,--P l J 31-L46O4 N~. ? . 7 4~FNY !1, y F VarpW aad ode geeb W_ A„1 t.1Gs 30 701 , A" SON 123.00 M= NO. 47-418Q-S E1AGR 05.00 LOT 015.00 & 016.00 KENDO COUNTYORTOWN Suffolk TO FEDYNA K ROmn°'4 °c oNifilYP 1tl by Wit a METROPOLITAN ABSTRACT CORPORATION JOSEPH W. SIEGEL, Esq. an OLD COONMY ROAD 000 Garden City Plaza CARTE p1A~, NEW YORK IISL4 Garden CIt N. Y. 11530 N.YC. 3434334 - NAS. 741-5474 ys SUFF. 3713333 Zip M. I z O XYI vadm r O ' OM 9 Nnr VIM -mv W - r TOTAL P.02 l FORM Al N, Y. D6611-pull 0 ..U..t -Ith Lien [`ovnnwt slur. of 1917, C6.u Gel, smtutorY Form A, (7h-1- 627 L--- -t 1032) V,r :e 11 HL'F „1!¢de the day of Xineteen Hundred u,..; Forty-six, 1"Veg% WILLIAM J. SCHREMPP and 14ARGARET I. SCHREMPP, his w'.; - residing at 19 Miller Place, Hempstead, New York. Part ies of the first part, cil ,z ANTHONY J. ME Do and RUTH M. MENDO, his wife, residing at 981 East 39th Street, Brooklyn, New York, part ies o/ the second pat, that the part ies of the first part, in consideration i ")rig and 00/100 - - - - - - - - - - - _ -Dollar 4 1.00 ) lawful money of the United States, and other good and 'a:'_uable considerations paid by the parties of the second pars 1;0 hereby irant and release unto the part ies of the second part, heirs and assiins forever, all that certain lot of land their ..Ltuated at Mattituck, Town of Southold, County of Suffolk, State h:-w York, on the westerly side of a certain 30 foot right of way; .,eretofore established, hereinafter referred to as the north and soutr iirkit of way which runs northerly from another certain 30 foot right. :'f way heretofore established, hereinafter referred to as the east u,;; right of way which extends westerly from the easterly line of ;roperty of Leone D. Howell, heretofore conveyed to him by Mabel , a111ster,Houghton, by deed dated November 17, 1925 and recorded in tae office of the Clerk of the County of Suffolk on January 11, 192f, -I Liber 1164 of Deeds at page 180; said north and south right of .,ay upon which the premises herein conveyed front being parallel to tad one hundred (100) feet distant westerly from the westerly lido JC the 25 foot right of way e'stabliihed by an agreement between _ ;gorge B. Reeve, Florence B. Reeve and Phoebe M. Hollister, recorded :e;tember 5, 1907 in the office of the Clerk of Suffolk County in `.Lber 629 of Deeds at page 168 and hereinafter referred to as the ,3eve-Hollister right of way, the westerly side of which right of'ws,; the easterly line of land purchased by Leone D. Howell from Mabel :iollister Houghton by Deed dated November 17, 1925; R7GINNING at a stone monument set in the westerly side of said and south right of way and distant one hundred (100) feet norta- ,rly from the intersection of the westerly side of said north and ?uth right of way with the northerly side of said asst and west rigr: nay, which point of beginning is also the northeast corner of land r"etofore conveyed.to Edith G. West; running thence westerly along !.e+ northerly line of said land of said Edith G. )lest fifty (50) fees .::d thence westerly along the northerly line of land now of Wambach " fty ;50) feet and thence along the same course fifty (50) feet beynr:, ':.t) the land of Leone D. Howell, making the total distance from the 1,,sterly side of said north and south right of way one hundred and fty (150) feet; thence northerly parallel with the westerly sida,.o' rd(t north and south right of way one hundred (100) feet; thence -e.Aterly and parallel with the first described course one hundred anti -:fty (150) feet to the westerly side of said north and south right v,ay; thence southerly along the westerly side of said north and rth right of way one hundred,(100) feet to the point or place of, t,inning; making a plot one hundred (100) feet in width in front on ':d ncrth and south right of way by one hundred and fifty (150) feet c:epth; _ I l'E TOGETHER with the rt~ht to pnss and repnF-^ over the Enid Er,-.r - Hollister right of' way extending from New Suffolk Avenue ^oitierl: to the southerly side of paid east and west rl,zht of way which extends from the said Reeve-Hollister right of way westerly 700 01 east, P._ far as the same is now or mny later be laid out. It is understood that the rights herein ;;rented in and to t!:e said Reeve-Hollister right of way shall not include any rights over the said right of way extending south of the intersection of said right of way with the southerly line of said east !,nd west right of way, that is, that part of said Reeve-Hollister right of way running from the southerly side of said east and west right of way to the Bay. The point of intersection of the southerly side of tl.e snid etist and west right of way and the westerly side of the Reeve-Hollister right of way is distant one hundred and seventy. (170) feet northerly as measured along the westerly side of said Reeve-Hollister right of way from the bulkhead line on the shore of heconic Bay as heretofore established by Leone D. Howell. In lieu of such access to the Bay, a right of way to the shores of Peconic Bay is hereby granted over a strip of land lying we.'It of the premises heretofore conveyed to F. M. Jones, which said strip of land is 60.05 feet in width on the southerly side of said enst and west right of way and 95 feet in width on the shore of Peconic Bay at the h1 khead line heretofore established and mentioned in said deed to Jones, with full and free access to the shores of said Peconic Bay; this strip of land being set aside for the use of purchasers of lots from Leone D. Howell, which purchasers have no other access to the waters of Peconic Bay and which said strip shall be used in common by such purchasers and which rights'shall be construed as running with the land herein conveyed and which may not be separately conveyed by the parties of the second part hereto. TOGETHER with the right of way over said north and south rIF)it of way extending northerly from the east and west right of way to the M northerly line of the land herein conveyed, said right of wny, however, to continue northerly as said north andtsouth right of way may be ex- tended.- The property' herein conveyed is part of the property conveyed by Mabel Hollister Houghton to Leone D. Howell by deed dated November 17, 1925 and recorded in the office of theClerk of Suffolk Count: in Liber 1164 of Deeds at page 180. Subject to covenants and restrictions contained in and being and intended to be the same premises conveyed to the parties of the first part by a deed recorded in Liber 2350 of Deeds at Page 183; said _ Covenants and restrictions being as follows: I ® The parties of the second part for themselves, their heirs, successors and assigns, hereb- covenant to and with the parties of the first part, their successors and assigns, that they will not erect or permit or cause to be erected on the above described premises, any outside toilet. That no building shall be erected ME within twenty (20) feet of the westerly side of the right of r,ay upon which this property fronts except that a small open porch may extend over the line and any residence erected on this lot shnll face the said right of way. with the unpurtenances and all the estate and rights of the part ies of the ri•rst part iaa ,end to said premises, "a k dM•' the premises hereinlranted unto the partiea of the second part, tl;eir heirs and asaiins forever, Ff Y•isu. said parties of the f _ irat part I, covenant as fotlotbs *>c rii!` yid That, said parties of the Tirak part ,are" seized, Of 'said premises in, fee simple, and have good right to Convey the Rtt~; That the artiea• , p of the second I parE Shall juietl y,enjoy prenrccs; the nttd , ~ ~.r .lt,'• Theft the saQ ppj!entiaes are free fiwVineamb 1 y ~'hs~•!i`,°(il~~, Tluxt, the part.leis of the fll rst pd. unll eaettu9te dt~ ~z~5 a~1y Jrcrthcr necessary assurance. of the title to said p "noes; a~ 1(ti~1, Ttuxt said partiea of the second ~part Ml~ urll /urecwt' Him d~A d the title to eatf p ~.1{% Tlnit Ihr ;contola wilt r~rcare the c9naiderrttiurr' 'i{djtiti;'eonvejrYYtNt~ c ~ Jul/ n•)!l hr)bl 1110 ta_mlet, to Irweeno suclercortvirLiiNp~ttnn a o. hn.xt frttettlobe,ap xietl ;~ti J.,r /.,r 1l,r• the hai rrf.. prtryrof M rr, I ei) coxt uf' t/tc~. 3 prn'vrrtriwf, i~~Yt tB1ll •ctjSpllj. t/1~+ ° ry~ n.. ,,,rarr /i,•..1 to Nt.. ur/rztr~rrt tJrr cnsl o} the. tirf t llerrt,cvrt Lrfoia usitl.~r. arrt/ ~/'t ~:q,,~u PnrIn1Nr uJ' tltt. ,Nxrrnt ,/:rr' rcrzq other,pgrwoscr I r 6 { e part' ie is i ,rd • , •y+~yl~~b: 10 MO, ¢ of the jtrat p6^a ve + E hereunto ref their hands and 8tal .8 the dpW,,.and year 4rit ahove wrltts>t. 'r ~r i n.I4 1 h 1 ~fy I,' I Ii , t,l . • a ~ I e k : ~ ?Vtlt/G'pXs??21i`i"''u'.-~ °S~ti2PiI~'. M { Ito .1, , ~J 1 • F~ rl ~ ?-a h , t'r i I ''I" ' nS A,m 3 TEtie f r,, Tn r 1 Y I I.. ~ ~ tv t p ki ~'S Y I C 1 q , ,xa ~ti ,Srf ...e,i«b>•,•~aw,+ukw +):va• a•} ~.,v, ,7~! ib{ ! ~r rA l+ .q1. f k'N y~: 77, M '4 - . , is , a:'sM'a:.~d+V:xr.'n+xxglMtiiliKhcxii itj¢.WHa'i+'u'duSa , • DEED i SI:E 09 (cotttit) of SUFFOLK On thla . II Forty bix' ' ' da of Nineteen Hundred and be ore Yne4tL ~ r&r, pe"Onally appeared WILLIAM J. 9CFtRL1MPp'`nnd' MARtltIRE`t .:SCHRENPP, hie wife` } *t4 kn+ou" and knotox'! to MO to be tie 8 fng pepapne crlbed &VAN* IiQ ea ItM~.ruarlFulntlfat, and the yF eOV allq duly, r edk~ted Elie ea tolk-Gqunn-ty _ t ~ MAY 7~. 1948 ,i ! CUA y ri n it `411 ~A h{{{ i' y Tq ly IS 'I ~t ! d~~ _ 11 ZJ y~Y~~S 1< • p'~ ~ ~ 'eW 1 Y r< 1 t 1` d 13 J y ~ , y ! SQ,pL A ''N i.t , MM1~ .1 '1{ CyS"ia,m~. I Ike: t x' 4 ;3. I~°j f ~'A u $ 1 ° dM Y IJ S a p' ~°t , b~ l > tl i A p ~v" x 14 k lyii $ I W~ ~ryk ~y I ; t i. J I I ~ I f 5 s i. f I'. JVy r' n Po r ~ M, 't y ~ tc i r{, 1' Y i u n,k Yi I 1„s J~`Rp ~k o a~E , s 'P 1 9! 3 t p~;J Y . y* g,B 1 I tl ~Ai i. I.X y I `v. I, ~ I i i ! ~ I P ~W YNA'1~ L!!,l I aid' ~ ~ I Q J ~ it 'L -~~.~~•.WUw_.......~4Oktk:\La:.:.~.La.y_:,rl.-~wi.:.~. .i.L ''_._iw. w~a~.a,~~i'„1s..,..n , ._:.r,Ls~,St t ~ 1..:. x, v,'[' w x. C,anJa~,l NY H. 1.Il P:em vht••n_19.;Oh1. a,rpin and SA, Deed. •irh Co xrom mt Gantm i Aen- qa Individual m Corpmni.n. i C091MV YOUR swtweK 8MM SHMI Me TNH *"VMNtwt.. ttst NMttttutust sNOllss M ttale? w swwrm aav. us48% X313 THE INDENTURE, made the 1-~ day ofV nineteen hundred and sixth, BETWEEN mu~~l.S R. FAY and SARMELLE FAY, his wife, residin at r A^• nuc ifor' h, ilaplec, Florida, i I party of the first part, and i ANTHONY J. MEND0, reciding at Noe 981 East 39th Street, Brooklyn 10, 'row York , party of the second part, rWITNEBl6M that the party of the first pert, in consideration of Ten and 00/100 ($10.00) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dollars, lawful money of the united states, and other good and valuable consideration a t d „qe by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or o m successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, - lERpk situate lying and Wu11iatft at Mattituek in the Town of Southold, County of Suffolk, State of New York, on the westerly side of a certain 30-foot right-of way hereby established running northerly from a certain right-of-way k heretofore established extending westerly from the easterly line of the property of Leone D. Howell as conveyed by Mabel Hollister Houghton by deed dated November 17, 1925, and recorded in the Office of the Clerk 6p of the County of Suffolk January 11, 1926, in Liber 1164 of Deeds at } Page 180, said right-of-way hereby established being parallel to and 100 feet westerly from the right-of-way established by an agreement between George B. Reeve, Florence B. Reeve and Phebe M. Hollister, and reeorded September 5th, 1901...in the Office of the Clerk of Suffolk County in Liber 639 of Deeds at Page 116, and more particularly bounded and described as followat BEGINNING at a costordti Monunuartti- stet in the westerly side of the right-of-way hereby established and at the southeast corner of the premises hereby conveyed, 41stal5t 200 Peet northerly From the inter- section of the said westerly slide of this new right-of-way with the northerly side of the east and west right-of-way mentioned herein, as heretofore laid out; running thence westerly and at right angles to the new right-of-way and along land now owned by Anthony J. Mendo, 150 feet to a concrete monument; thence northerly along land owned by Leone D. Howell, 50 feet to a concrete monument; running thence east- erly at right anf;lcs to the new right-of-way, 150 feet to a concrete monument set in the westerly side of the said new right-of-way; runnin- thence southerly along the westerly side of said new right-of- ;way, 50 feet to the point or place of beginning. TOGETHER with the right to pass and repass over the 25-foot rlCht'-of-way established by George B. Reeve, Florence B. Reeve and Phebe M. Hollister, recorded September 5th, 1907, in the Office of the Clerk of Suffolk County in Liber 629 of Deeds, Page 168, extending from New Suffolk Avenue southerly to the southerly side of another ri ht-of-way 30 feet wide established by Leone D. Howell, extending N'rom the first named right-of-way westerly 70 degrees North 02 East ar as the same is now or may later be laid out; TOGETHER with the right to pass and repass over a right-of-way 0 feet wide established by Leone D. Howell, extending from the first ?amod right-of-way westerly 70 degrees North Or East as far as the :amc is now or may later be laid out' , TOOETHEK With a right-of-way to the chore of Peconl. Rai, over a strip of.land iyih; to the West of Howell :cises corrve v laurae ll. ar Lena F. Howell] his wit'e, t r , J mt:;, t, I feet on t..e soUtherly side of this la-t -~iur,tiolled ri ;in,-~~~ r, •i- trd 95 feet in widtkl,on the chore of said Peeonic. Bay at a bulkhead lino heretofore established and mentioned In the deed to Jonr vni other,,, d~ with TOGETRCand free R With acrighttoftwayt~over J a o30-fooL Petrii of land which is referred to herein as the new right-of-wa extendtnrr northerly from the second mehtioned or Edstsand West rl;;ht-of-way nortlrarly to the northerly line bfthe land hdreih conveyed, the Said right., noweVer, to continue alltoMtLtically;northerly as the right-a;'-wa) ma;; he extend- ed. part b:, game premises co eyed to the partic,:; bl' the first art by . Howell ahd Len Havel]., his wire, b,y deed dated December 17, 1951, and recorded h the QVI'ice of th Cl.er1: of the County of Suffolk in Liber 3337).Page 292 of Deeds on April It, 1952. The party of the seoohd part for himself, his heirs and assigho, hereby.coVenahts to and With the parties rif the first part, their heirs and assigns] that he will not erect or permit or eauae to be erected on the above-described premises any outside tollet. That no bUilding Will be erected within twenty (20) feet of the westerly side of the new right-of-way hereby established, except that a small oPeh porch me extend over this line, and any residence erected oh this lot shall face the said right-of-way. iohS stribtio dcahdobegoldtiQpauoftthe City,oTownaoreVillageuind niche- the premises lie. SUBJECT to.any state,of faatd.an accurate survey. may snow. SUBJECT to easementsy covenants, agreements and restrictions o£ record affecting said premises) if any, f I I i i i I I I i ~ sf - t >w TOGETHER with all d" tf to I if FACEU1i1 it, tide uul iutt rest. if tine, u( lift party of tile first port itt and to fiv , tests and n`ads ;tbottittg the ahoee dr<crihd preuti•es it, rho ci•uter ilnts tit<•tF`ci(. i TOGMEtd with tite appurtrI'll ees ;tn,l ail rite t•aak and rights of the I''trtc of 7u' fu<t part in and to aid prami<es, TO HAVE AND ro Hbtb the pnvidse< iterciu granted unto the ietHy of the secuud art, the belts or - sncces-sors told assigns of the patty of the ec•otid part forever. II I~ I i I t` + bal. AND the patty of the first part coctuauts that the patty bf the first pf l't hs,y nut dare nr siiltred atiithifig whereby the mild prettilsts hate 4ml incuhtbtred In afty tdy whatever, actat f;g afotesaid. AND tilt, party of the first part, lit ethopliante wllh 5ceddh M of If* Uoti }.deb, tvtve dlhts that the patty of tits first part wltl itedvt! the tonsldeftttiou Itif Off$ tnuveydbee and wttl hdid the tight to rtttl0e stwh ttldsid- eratiou ns n trtist Itind td be applied first tot the ptitpusp of payiut tlit rust lit the Intpfotttutnt ahd w111 apply file sattte first to the pat'itteitt of the east of the thipfoeltittit Ward tt3jNp fifty part of the total of the sattie tot :o»• other plirpost. The word "party" shatt ht eoostriied :ts It It ttad ""paten" i41itMttet the stlise of this indehture Su ttrfbirts. IN WIT14M WFIE tor, the patty of the titer art has duly etttuted thls died tilt day and yat btst above written. 1 K``-S •y..y~"N ~J ' , \V`~Y.I./"J'~ ff rr7 ta1 .5: i ~ ~ LF .i:..ar......~.awu.-eas.~.. ?t -.wWL-•Ld~{~m ti.:..~~~.. LA. ...rSNa+r1I dYl SGr. al•r' r srwrE ofnulr:arAltsc couwTT of CGS Li i as: I sTAT! of NEW rperc, COUM OF On the day of 1319 beiore me I On the day of 19 before me fwtnonally came T4'`XAS' ~ FAY personally Came to me known to be the individual ; de,crihed in and who to me hnow,i io i,e tl;c in i ideal described in an] %,ir,, 9 executed the foregoing instrument, and acknowledged zhac executed rl;c irutrurneni, and acknowlcdgcll that CXCC:1LCd the Sar11C. txecutr,l the ! ~•'r~;7r. r',» ~ c-~4~n ..r Kr~A~~ A? ~Aryn at N Y. 1 i &TAT& 00 M[W reDr CnMM M As 'FRTIFICATE OF NOTARY DAIW'S FO" C. C. 344 M-040D1V41 and 1-1 W- Er 1- '1. S '.v. 6. D- C_f" x Joc 4,onrl il~, io.;rla 77];~7 a %tate of jfloriaa, "a rr d , ('!rr'~ j ll,. „rlrl ( ,ovt the Heine bein.6 a Couj-t of Record in arul for said County, do hereby oertify that e` nor .r_• ,f1? 11ns n j, e art i~ Kate or tiCkri.. 9At i,+ and im (it the time of afgning the _ notar v nublic a .----"::,1 , --.1--- in and for Yaid County, duly authorized to take acknowl- edgmeuts andbi-ildavits, 4)id cvnnTnissioned and qualified, and that all his of field acts as such ,r,'r r'utilled •t{~~y:rll J'attla ur:tl crrilit, that the said instrument is e.t•ecuted and ncknutuled¢ctl aooordind • 4 to the laive of the XNtte uf' 1''li{ricia, and that the si.6natu.re. thereto purportin.0 to be his is genuinr. lf•'II1:hAM, I hire It 'Tfiuuto set my )land and seal of said Court, this. ?6. day of . !i t+. I 'r 1'l~ ((l r'trft :1l: :Z r 1 i t~ Ii c G Irl G4 r-4 c E l~ w o ?i O G a' CM > C a O, 2 RS A Q44 z it $ v O j ' W ~ + V 4\ V r i'~ . . ai„. wwr . ,~,~fi::%.« .yil .,.~'„LF, -R~.,,,~u~yl,>,..,.~:~a;.>,v~ .::,:~+•k.-.HOrN:<•:~_: ..n:..owx....:+u k SOUTHOLD TOWN BOARD OF APPEALS 765-1809 INSTRUCTIONS FOR WAIVERS UNDER SECTION 100-26 Please submit the following, by mail or hand delivery: 1- Copy of Building Inspector's Notice of Disapproval issued within 60 days- The B-.l. Disapproval must state whether or not the lots are merged under sections 100-24 and 100-25. Otherwise, a different procedure and other approvals wiill be necessary. 2_ Copies of your written application and all supporting documents submitted for issuance of the Notice of Disapproval. l3 Waiver Application, typed or neatly written, signed and notarized tollllll999999//////ether with copies of all deeds and other information. (If your deeds \~~or each lot are not datedprior to June 30, 1983, an area variance application would apply with different instructions and fee.) 04. Notice to Property Owners Form: a. Confirm current adjoining landowner names and addresses with Assessors Office- (Notice must also be given to owners of private rights-of-way and those lot owners across the street.) b. Send copies of this form by certified mail to each landowner (with front side completed) together with copy of your survey. C. Receipts must be postmarked by Post Office before filing. d. Return original form, with reverse side completed, signed and notarized, to 7,UA office with postmarked mail receipts- 5. Z.B.A. Questionnaire. (If "yes" box is checked, please furnish additional information.; Please complete and sign. 6. Original and six prints of a survey showing existing structures, patios, driveways, wetland areas, square footage and dimensions of lot, fences and height, tanks, etc. 7 1.90.00 nonrefundable filing fee check payable to the "Town Clerk." A letter confirming the date and time of your public hearing will be forwarded to you within the next 10 davs after review of all the above documentation- You will be asked to post your property within 10 feet of the property line where it is visible from the street. If your project: (a) abuts other property you own, please provide us with copies of all deeds (a single-and-separate title search for substandard lots may be requested by board members if one is not submitted); (b) involves a lot-line change or an increase in use density, this form will not apply. See Planning Board for subdivision or lot line change forms, and when appropriate, different ZBA forms (for a variance) will be available- For Questions on Subdivisions: Planning Board 755-1938 Questions on Zonina: Building inspector at 765-1802 Questions on Appeal Applications after Disapproval is Issued: 765-1809 Questions on Special. Exceptions: ZBA at 765-1809 12/26/951k NOV29 NEW YORK STATE DE°kRTMENT Of STATE Loca]LQw FL1.Zn~ f62%vASHiNGiONAVENTJE.AIDANY.vY 12231 (Use this form to rile a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. "Maq cityX Southold Town of----- - ' kHP~~ Local Law No. of the year 19.95_ Alocallaw_in Relation ___o-Relation to--Lot-Cre--ation and Merger....... m-... car - - - - - - - - - - - - - Be It enacted by the Town Board or the l~SWlQ1C Town as follows: Town xltfPS~ 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 1C0-24 (Lot Creation) is hereby adopted to read as follows: A. A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot c; eation. C2) i ne Ict(s) in question islare approved by the Southold Town Planning Board. 3) Tt e !ot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. y) The Ict(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1383: (If additional space is needed, attach paces the same size as this sheet, and number each.) (I) i B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of Sec. 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: A. 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 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by ooeration of this law: 1) The nonconforming lot has a minimum size of 40,000 square feet, or 2) Tine nonconforming lot obtained a lot size variance from the Zoning Board, or 31 If the lot is not on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or 4) If the lot is on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997 to date. 0. Proof of Merger. The Town may require a person seeking cetermin- aticn of merger to provide any or all of the following documents far evaluation: 1 j Procf of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, ail to the satisfaction of the Town: C22 copy of the current tax map 3,' and A copy of the r!QI~ 2 original su suryeY of the lot; 9 4)- A title rvey of the tot, search sh erty from July 1 ?wing single and outh County o title insuran8e co the Present t- ownership of the with mPany ind b e prepared Prop- $25I 000 of insuranemnifying the T y a Suffolk 5) Other addition e own of necass^ al inforor wry. ation or doe J E mental. as `O `DES Effect of,tir ,vill be ergef No building Pe may be deemed ssued by the 7pN rmit or The Building pe n until this sect Other Bevel Pment Property falls partment wilt issue a Ion has been entitlement within an exemp written wh with. . o th determinatio Section 100-25 tion 3 n wh (Waiver n of Merger) the merger provision, ether a A. If a lot has 9er) is hereby ado merged the Pted to read as follows, merger and recogn'. o m o~ °ning Board of Appeals that.. fines may wai ve the upon Public hearing and upon 1) the'Naiver,wii! the not result in a si neighborhood; gnificant increase in the density 2) the waiver wCUld rec lets i of n that neighborhood: a lot rhopd' that is consistent with th 3) the waiver e silo or will avoid economic hardship; `he natural contours and tad slops and character o - . } altered in an es Of th Y manner the lot 'will rot be and Gharactgn~ncantl er of the land arfecting nearby , and r envir here will not beY chap 4. Section 100-244 onmental cr,g a substantial F~~d or read as f (Setb ood areas. allows: aCks "cr Nonconforming Lots) is hereby amended to A. This g of of a buildin to reyognize g permit for the Provide mini not Merged LYursu the nt on, and 5 ciPa l QUi=de cnc losta tsnQ~ d~saOrr granting co Oc nforrning and have -3- ' { 2 9 B. Such lot shall be required to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. Ft.) Coverage (ft) (ftJ (feet) (feet) 120,000 to 199,999 10% 75 30 80 85 100,000 to 119,999 10% 75 30 80 85 80,000 to 99,999 15% 80 30 AO 85 40,000 to 79,999 20% 00 20 75 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 15 25 35 5. Section 100-244 C is hereby deleted in its entirety. 6. Section 100-12 (Exceptions) is hereby deleted in its entirety, as of January 1, 1996. 7. Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its entirety. 8. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety. 9. Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size Width Depth A. Prior to April 9, 1957 any any any S. 3etween April 9:1957 and 20,000 100 150 December 1, 1971 C. 3etween December 2, 1971 10,000 135 175 and June 30, 1983 II. This Local Law shall take erect upon filing with the Secretary of State. 1_