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Home My WebLink About4455-- - �e'f'�� U �_l(��9r a �'f2,_ � J� � ��--------- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4455 - JOHN HARRISON. PARCEL: 1000-70-5-36 (and 70-5-37 as remaining lot) STREET & LOCALITY: 1227 Pine Neck Road, Southold, NY DATE OF PUBLIC HEARING: March 13, 1997 FINDINGS OF FACT: RELIEF REQUESTED BY APPLICANT: Approval of Waiver under Section 100-26 of the Zoning Code for nonconforming lot identified as 1000-70-5-36, and as a separate lot and unmerged as-ofra.-A 1000-70-5-1-531. Applicant has confirmed that lot 1000-70-5-35' contains ®3.,o.J7 a minimum of 40,000 sq. ft. and is therefore not the subject of this waiver application. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, situate along the northerly side of Pine Neck Road. The lot referred to as 1000-70-5-36 contains a total lot area of 22,466 sq. ft. and is improved with a one-story, single-family dwelling and accessory garage. The remaining lot (39) portion contains 15,311 sq. ft. and is vacant land (all as more particularly shown on July 19, 1994 survey map submitted for consideration and made a part of the file). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 14, 1996, which reads as follows: "under Article II, Section 100-24A.(1) the lots in question SCTM #1000-70-5, Lots 35, 36 and 37 were created by deed prior to April 9, 1957, and under Section 100-25 the lots in question are nonconforming (for size being located in an R-40 Zone), and have merged because they have been held in common ownership at some time after July 1, 1983." REASONS FOR BOARD ACTION, DESCRIBED BELOW: * Each of the two lots were created by deed dated September 23, 1941 as to lot 37, and deed dated September 11, 1953 as to lot 36. * The requested waiver is confirmed to be the same original boundary lines as that shown in the original deeds. * County Maps were relied upon in 1976 for lot sizes, based upon deed descriptions filed with Suffolk County prior to that time, showing parcels separately. J.- f Page 2 - Appl. #4455 Request of JOHN HARRISON Decision Rendered March 19, 1997 * Lot 36 is improved with a single-family dwelling and a minimum of 850 sq. ft. of livable floor area. 1. The waiver will not result in a significant increase in the density of the neighborhood because there are at least eight (8) improved lots in the immediate vicinity of the subject parcel which conform to the same size and square footage. 2. The waiver would recognize a lot that is consistent with the size of lots in this neighborhood. 3. The waiver will avoid economic hardship for the reasons testified by applicants and their attorney at the hearing, which reasons are hereby reiterated as if re -written in its entirety. 4. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas because the subject lot is level ground. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT this requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, and Tortora. This resolution was unanimously adopted (4-0) . GERA D P. GOEHR LAGER,C IRMAN i Approved for Filing 3/19/97 G" Actions.zb/70-5.37 RECEIVED AND FILED BY THE SOUT'rCLD TOWN CLERK 3/6)zDR7 $OjJR�Q.�Z3 Town Clerk, Town of Southold APPEALS BOARD NMIMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS- TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 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, FEBRUARY 6, 1997, as noted below: 6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES This is a request for a special exception under Article X, Section 100-101, 11500 B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw) 6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting to locate a storage building (as built) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. 6:55 p.m. Appl. No. 4457 -JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. 7:00 p.m. Appl. No. - LOIS T. ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section Page 2 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Road, Southold, NY; Parcel #1000-70-4-45.5. 7:05 p.m. Appl. #4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of Property: 25 Eat Side Ave., Mattituck, NY; Parcel #1000-99-3-18. 7:15 p.m. Carryover Hearing: Appl. No. 4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIH, Section 100-239.411 for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobiaa Drive, Laurel, NY; Parcel 41000-145-4-7. 7:25 p.m. Appl. No. 44148 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an .existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will I Page 3 - Legal Notice" Regular Meeting- February 6, 1997 Southold Town Board of Appeals be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of approximately 40,000 sf. in total 7:35 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article ' XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. Based upon the 11/18196 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/- acres. County Parcel No. 1000- 66-1-31. Zone: M-31. 8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Page 4 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel #1000-70-5-36&37. Zone: R-40. Size of lot when created less than 20,000 sf. 8:15 p.m. Appl. No. 4401 - DAVID DEFRIEST as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. 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. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman (rJnM Pln, 7 ----------------- TOWN OF SOUTI101-1) 13IJ11A)ING DEPARTMENT NOV 15 W6Ua TOWN CLARK'S OFFICE SOUTIIOU). N.Y. _ NO"IICLOF D[SAPVRUVAI ...../... ...... ...�.,/119.f�6., Qv. C.!..>fi,✓G� G_2'C..�!/�1.12� i`'l �`1 u•.G��'q h J PLLiA>( TiAK : NOPICF that your npplicntiou dated 19 ' ,✓� Location of Property /•c`i ,...�J ...19.... !Si.�. , . . ...... c�t86t'f fiOU.a? No. r1 StrP=r Hamler-1 County TI.X N•Iap No. 1000 Section .../�...... .. Block .... .........Lot5..9�- ..36.\4— -' 7 Subdivision ............. Filed Map hlo. ..:.............. Lot No. .......... • .... . is returned herewith and disapproved on the following grounds .&' . lj n ; % I-- r'C G�%. , ..%."Z.e.:e", ..:'4iY`Z'.+.. �f/'%GQ�•�//.�uC�.��'./�.%4—y�.��,./�_./��..1-,d��/ay.. �?:/��.r�f��.��.i�Y%. 37.j,.�.qv�eW. A TIN ��.. ............ /...... ...... . ...... . Q Inspector xa_ y . i2V 1. /5p BP1RD OF HEALTH ...... 3,,JETS OF PLANS ....... \ FORM NO. 1 SURVEY TOWN OF SOUTHOLD CHECK . • • • • . BUILDING DEPARTMENT SEPTIC FORM ............... TOWN HALL NOTIFY SOUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL ................ a� MAIL TO: xxz Examined ��.. .......1 19 Approved ................. 19 ... Permit No........... . Disapproved a/c "" �i� �J�%.�✓ • .. ' ... . . ,Af �L ... . (Building Inspector) VVC(il�� Ut APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date .... /l - ......... 19 a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street! or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances of Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described, The applicant agrees to comply with all applicable laws, ordinances, building co housing code, and regulations, and tc admit authorized inspectors on premises and in building for necessary inspec ns. t 7 (Signature of applicant, or name, if a corporation) f� i �� /LICZLGc JZ'CiG /Ly ........................................ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..........� .................... Name of owner of premises ... �'.u'qj { !??... �?ot JOy/n �GX✓t 5 n n ...... .................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No . ......................... Plumber's License No . ........................ Electrician's License No . ...................... Other Trade's License No . ..................... 1. Locati(oon-n of land on which proposed work will be done . ........................................ I ...... . ............................. House Number Street Hamlet County Tax Map No. 1000 Section .....7q.. .. Block ...'� .. Lot .. 3. 7 . � . Subdivision ..................................... Filed Map No. .............. Lot............... (Name) ?. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use at, occupancy ......... ......... b. Intended use and occupancy ......... ......... . - _ - 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration ........... Repair .............. Removal .............. Demolition .............. Other Work .............. . (Description) 4. Estimated Cost_.::� ................................... Fee ........................ .............. ` (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................... . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ........... Height ............... Number ofStories ............... ......................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. . Depth ..................... Height ...................... Number of Stories ..................... . 8. Dimensions of entire new construction: Front ............... Rear ............... Depth .............. . Height ............... Number ofStories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth 10. Date of Purchase ............................. Name of Former Owner ............................. ............. 11. Zone or use district in which premises are situated .................................................... . 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No............... . Name of Architect ......................... Address ................... Phone No............... . Name of Contractor .......................... Address ....:.............. Phone No............... . 15. Is this property located within 300 feet of a nidal wetland? *Yes ..... No ..... *If yes, Southold Town Trustees PermitPLOmay be required. Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. '72 p F S�'raze STATE OF NEW O S.S COUNTY `f� .... .............. (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant He is the ......... ...... . ......... R-TTo 0! %✓ EX (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this p?. TtE ............day of...M. 19 <i Notary Public,' :� County MARGARU C. RUTKOWSKI %///// Notary pWAStateotNow York • • • • • - - • • • �/'.�— __........... . No.4982525 (Signature of applicant) Ouali6ed in Suffolk County Commission Expires June 3,19 y� IOWN OF SOUTh ,,,OLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT ,F ER OWNER, John HeIoefjol' 5d K16te-d D N SW le E 1 OE ACREAGE TYPE OF BUILDING ol e - RES. SEAS, VL. FARM comm. IND. _[CB. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS eb-A. a dep /4 6 ]a i, 2oo 110 _Ve_1L4 7/g1&_:L if 140- /v 94 C)o to AGE BUILDING CONDITION NEW Form Tillable I NORMAL Acre ,..BELOW Value Per Acre ABOVE------ ----_FRONTAGE Value EOA T6 C le'e e '-t FRONTAGE ON ROAD BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total OWNER M. Bldg.3 3. X z Foundation �� j Bath -- ---._ Extension _.. -6 3 ----- l /! -- -- --- - --- Basement — /p<r ¢ ------ Floors — - r Extension ? �/ !a"D 85 Ext. Walls / Jat Interior Finish t,a� Extension X 7 a q Fire Place 1116,�y <Z Heat Porch Roof Type �( , Porch Rooms Ist Floor Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer Yo. B. d G� - - - - - - -- - ---- - -- - - YOWN OF, SO OPERTY HORD CARD 01'HNER/ — -- STREET Z r', i VILLAGE �– DISTRICT SUIS. — LOT `II / /1S4/7 1 LrL� � I%[ f` / l'1,.. - ' . lu.�- y ` -- `G�� 1L3� FORMER OWNER N E REAGE — 7v ) / d i S ) r I W( � —TYPEOF ILDING 2ES. SEAS. VL. FARM --- J comm. IN . I` CB. LAND IMP. TOTAL DATE REMARKS --- Jhi AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE V — Form Acre Value Per Acre Value _'--- —t--- Fillable 1 -- Tillable 2 Noodland -- ----- — swampland 3rushionCl HOVSe Plot 1-0101 4 —4- XMrOWN OF SOUTMOLa,#` PROPERTY RECORD CARD =.._ -------- ---. NHER — - STREET 1 1 VILLAGE DIST. -- — -- -- SUB. LOT I ow W-..7P)l)Q��1 / / i� e Alec i DRMrR OWNER CI((I G' N <�q G� v Z•� E SIae1� is ACR, t I r h• vV, r'1 }i S / { W TYPE QP BUILDING SEAS, VI_. FARM COMM, CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ' � U- l �j0 E�w 41rlaC,- �z ��t��Z ��' �LI1(r 5_1S(o'�iGl(�1SyY1�_Z>_��o(/Ysuo(v ��l_-�-,✓'t�L1.Sar]_f�_��GLC.LL�'!1_-C�,'Cs.zl�^/ �. DNDITION E'er/ ABOVE alue lS z4b — 1 ampland FRONTAGE ON WATER ishland FRONTAGE ON ROAD ise Plot DEPTH BULKHEAD [DOCK I i - s 9.0 67 %jji�,l Lu o-. ti '' .b`"� �qrl. j:' Y x } •'' A ,G�t r r ,� Yjt . _... x.'4 Fa9sw,;+.�'xx�.,- K '''$., m :,r>;- C�_? S�.rC` r=l�` �.. "x eft a•. av f '�� 4✓'�h ,:n i t�a:Y. _ :� x.tr -;e t X3 8 .nr:. 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'� j�T{7�2 -.;�" . ��^-""'."„•"'^ ' Y r{.; Ouwawa/Ha484wa.m. «. ) �w Lv l Wrh-ti. .•Nr na r p< }�� . wrywwv.xaiHw+w.v+ax(3h d4�}, �"i v fr �.+n•'.i.namN.a'Wwtlr L 4 w n .rw 3 •naaurs.mwlu.v4yd. kTN Zi :ti i s> Z !tee 3 s ,,mrudt.uweruaxiww'�n y c.;! • i 3 4- :ar v a 12 a � 4 �. . o.StAG_'- _ *etr •� u G°.' �� I I « I,;I �� } _. c'' 3 l�:iT y. F � xt � 'r rk � xvr�'ry �. Lj dQTt ' .�> > i PHger, 'SUFF COAX S 4AP PARCEL N05 aHOWN: �2�iQ 4 - Ut. Son, } q ' .P I4.:. d-----•—.r -�•- . S,. k•-} �p `� EaY d' n S 'F., ua' N ab 11 n .� 1.2G3 M. •~ , _ �� m %N _ 97 ST.. I " ;-e'Fa y..vj i sS'3'j9 Yc�a � s' -`sr } i .. u• 1 4 c'•� - i '��°G ' .s. ,y; +�i' { {. � h 'L (G.P HARm50N )'' iv ?': 81G,E� x #:yI2 AME'l�1DEO CYc`C cit (may u tj k r * qr if C.P.tNRW .n _ lY+,1 S.1Fc ' 471 57 yam. O W '^ •} Sr Q�—Sifl�l �- f•. v rd�: `HyyO v . A-1.54D 'A.. 1 68't � Ft� .. � .r. 'a J J : • sp uxo z�� 1.09 095 A 1�y 1{o fcIr uAIRlSONi $ F71_ 'y t 5:= 'i't t+t., t ( Sl1fZV((E((YE))D(!1� / , I Ter;/ ,/ FJL)LY t99 2 1 cn�z 'ert - r ��QL �L.. �GS`i4 V r 7V I U 7 L f;L: 20AO Of_ fICT Of BOARD O. fA.7'TE-A S Soutliol��rown .Mali 53095Ma n 2?0a4i Soutlol4.r1/y /Ig/I K� 3j6j 6s--J8o9 te% �I Sl6% 65- 182, jfar. TO: Building Department Attn: John Boufis, Building Inspector FROM: Linda Kowalski DATE: January 7, 1998 SUBJECT: Your File "Ude - 1000-70-5-36 or 37" Gary Olsen, Esq. called our office this morning and asked that we furnish a copy of the Waiver under Section 100-26 granted to the above property. Enclosed is a copy of Appl. No. 4455 decision as rendered March 19, 1997 which is filed under John Harrison. If you wish to review the contents of our file, please stop by. MEMORANDUM TO: J. Goehringer, Chairman FROM: ZBA Office DATE: March 21, 1997 SUBJECT: Harrison Decision of 3/19/97 (1000-70-5-36) Attached is a conformed copy of the Harrison decision, which was conformed to show the adjoining lot numbers (35 and 37) under the "Relief Requested" paragraph. As you requested last night by tele- phone, this was conformed before it was made public today, and today mailed to the applicant.) r APPtXLS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. L�dia A. � Nrsa Ma reen termann' jt �osuf�oc�� O- (91 ym o - BOARD OF APPEALS TOWN OF SOUTHOLD March 21, 1997 BY REGULAR MAIL and FACSIMILE TRANSMISSION 298-5664 Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Waiver Request - Harrison Property 1000-70-5-36 and 37 Dear Mrs. Moore: Please find enclosed a copy of the board's decision adopted at our March 19, 1997 public meeting, with a correction to show . lot numbers 36' and 37 (rather- than 36 and 35) . A copy has today also been furnished to the Building .Inspector's Office as an update to their initial Action of Disapproval and for use in the "open" building permit application file. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Inspectors' Office ZBA Chairman and Members dde, -, (t�J- a -d-" JAZO V�A-1 fc:) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4455 - JOHN HARRISON. PARCEL: 1000-70-5-36 (and 70-5-37 as remaining lot) STREET & LOCALITY: 1227 Pine Neck Road, Southold, NY DATE OF PUBLIC HEARING: March 13, 1997 FINDINGS OF FACT: RELIEF REQUESTED BY APPLICANT: Approval of Waiver under Section 100-26 of the Zoning Code for nonconforming lot identified as 1000-70-5-36, and as a separate lot and unmerged from 1000-70-5-37. Applicant has confirmed that lot 1000-70-5-35 contains a minimum of 40,000 sq. ft. and is therefore not the subject of this waiver application. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, situate along the northerly side of Pine Neck Road. The lot referred to as 1000-70-5-36 contains a total lot area of 22,466 sq. ft. and is improved with a one-story, single-family dwelling and accessory garage. The remaining lot portion contains 15,311 sq. ft. and is vacant land (all as more particularly shown on July 19, 1994 survey map submitted for consideration and made a part of the file) . BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 14, 1996, which reads as follows: "under Article II, Section 100-24A. (1) the lots in question SCTM #1000-70-5, Lots 35, 36 and 37 were created by deed prior to April 9, 1957, and under Section 100-25 the lots in question are nonconforming (for size being located in an R-40 Zone) , and have merged because they have been held in common ownership at some time after July 1, 1983." REASONS FOR BOARD ACTION, DESCRIBED BELOW: * Each of the two lots were created by deed dated September 23, 1941 as to lot 37, and deed dated September 11, 1953 as to lot 36. The requested waiver is confirmed to be the same original boundary lines as that shown in the original deeds. * County Maps were relied upon in 1976 for lot sizes, based upon deed descriptions filed with Suffolk County prior to that time, showing parcels separately. Page 2 - Appl. 7#4451- Request #445;Request of JOHN HA [SON Decision Rendered March 192 1997 Lot 36 is improved with a single-family dwelling and a minimum of 850 sq. ft. of livable floor area. 1. The waiver will not result in a significant increase in the density of the neighborhood because there are at least eight (8) improved lots in the immediate vicinity of the subject parcel which conform to the same size and square footage. 2. The waiver would recognize a lot that is consistent with the size of lots in this neighborhood. 3. The waiver will avoid economic hardship for the reasons testified by applicants and their attorney at the hearing, which reasons are hereby reiterated as if re -written in its entirety. 4. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas because the subject lot is level ground. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT this requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, and Tortora. This resolution .was unanimously adopted (4-0) . (fERAICD P. GOEHRINGER, CIRMAN G , Approved for Filing 3/19/97-' Actions. zb / 70-5.37 a.............................................................................. TRANSMISSION RESULT REPORT j(HRR2'1'' r97 1r'' S01J .D,tTOWN';,HALLfi, 16 ..................................................................................................e::....""'""""'"""'"""""---••---:...--•--......'.:.:..:.........•..::..:.,..... 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'.i'p,..typ,.ac;. ,,var. ,in r4,ii ^'!,'f i'} � fly ^'�i+yt're r•?•I''��;'�_" '{; t,i', ^f� ;��'� i'I I.'itili �^..I'. ''��.-i (7'I • �^y'�, `%I � 7. �: r ), :If,al i:l'ri i.ryri .'Y;', 'i f .r r ij •'''''S• 4, �• I� ri1i ';`I.1 r, y• ,tr{•' , t'. . is .,I . 7t. -•'t , ,✓ y 'YI + i 5 r,, 01: 45PM ).................. 765 1823 ( AUTO) ...................... FILE 010 BATCH Page 3 February 6 997 Transcript t of Public` ��-arin s Tr p g -- Southold Town Board of Appea s� \V7 F FEB 2 11997 ! r 9:10 P.M. Public Hearing - Matter of JOHN and CATHLEEN H ARRTSnN _ CHAIRMAN ' GOEHRINGER : I have a copy of a map indicating Lot #37 which I believe is the lot numnber that requires -the waiver which is before us, at some 15,311 sq. ft. or .352 of an acre. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. PATRICIA MOORE, ESQ. The subdivision - this part of the J. Reynolds Philips subdivision that was created in November 1909. Oh, before I start, Mr. and Mrs. Harrison are here and they are here to help me out if I need answers to any questions. The history of the ownership, I think I gave you a thorough rundown, but I'll briefly point out very briefly that Edward Wirth originally purchased the waterfront parcel in 1960 and then in 1970 when he. passed away, it became his wife's property. Mae Wirth then passed away, died in 1989 and I have an affidavit that I'll give to you later, that when Mae Wirth died in her will, she left the real estate to Mrs. Harrison and she also had several other beneficiaries which were all charities so the impact of that was this Estate took a very long time to get settled. The exectors of this estate were Rudy Bruer and Chemical Bank, so we paint a picture that you've got an institutional executor as well as an attorney, and they were having to deal with the properties in trying to preserve their zoning. Mr. Bruer, and I remember this vividly because I was working as an associate when I first got out of law school with him and I remember the Mae Wirth Estate and every pulling their hair out because the properties were going to end up all in the same name and we all that was a no -no. But we could not convince Chemical Bank and Rudy obviously as the executor, could not convince Chemical Bank to checkerboard. Now it didn't have any impact on the two acre properties. The properties consisted, of about - there were three 2 -acre properties, and then this piece subject to this application, and the waterfront piece. Anyway there were delays in administering this estate because of the charities involved. And throughout the process again, Mr. Bruer was not able to convince them to transfer it to John and Catherine Harrison in such a way to avoid merger. I have an affidavit and I'll give it to you at the end so I don't walk back and forth and take up time, but the affidavit states, and it's by Rudy (Bruer) that he was the executor of the estate and is making this affidavit for the Zoning Board's consideration and that Mae Wirth's cousin, Catherine Harrison, was a primary beneficiary of the real estate, that the estate took three years to administer and that Chemical Bank refused to convey to Catherine and John to preserve the integrity of the two lots. Ultimately the properties were transferred to Mrs. Harrison and as soon as practical they were transferred to John and Catherine Page 4 - February 1 997 Transcript of Public' hearings Southold Town Board of Appeals Harrison and again, they were kept as separate pieces. As background Mae Wirth and Ed Wirth had checkerboarded these pieces all throughout their lives. They were buying these properties in separate names and were being very careful to keep the properties in separate names, so all throughout they were very good about keeping the separate properties, as you've seen in other applications, death unfortunately sometimes - things happen. The property was originally appraised for $75,000 and the estate taxes were paid for that amount. However, the, property is presently under contract for $40,000 so there has been a substantial reduction in the value just through market forces and primarily market forces. This property also has for those that have seen the property, and from the survey you can see there is a driveway that runs along the left side, northerly side of the property, and this right-of-way was apparently created in 1934. It gives access to this property to the piece to the north, to the left side, and access to the back side to the waterfront parcel. The waterfront parcel is presently owned by Marguerite and Ude Farrell. They purchased the property just in 1996, the building department issued a CO for that property and it did not really come to bear that the properties had merged until a single and separate search was done when the lot was being conveyed -- CHAIRMAN: You're talking about lot 36. MRS. MOORE: Lot 36 is the waterfront parcel -- CHAIRMAN: That has just been conveyed in 1996. MRS. MOORE: That's right. That was in 1996, it was conveyed to the 'Ude Farrell, so what's left is Lot 37. And for all intensive purposes, everybody thought that it was a -single and separate property until a single and separate search was done and we found out through the estate - that the estate proceedings, that. the property has all ended up in Mrs. Harrison's name. And I have an affidavit of posting to give to you, also at one time. CHAIRMAN: Not to rush you, but if we run out of time, we run out of time and we'll just have you back another time. So please don't be concerned. This is my problem. Not somebody else's. MRS. MOORE: No you have all this information on your record, so again I don't want to belabor because you do have this all as per my application. But go ahead. CHAIRMAN: But that's all I had to say. Page 5 - February 1997 Transcript of Public Hearings Southold Town Board of Appeals MRS. MOORE: Oh, all right. As far as the standards that we have to meet with respect to a waiver, this application will not affect the density of the neighborhood, the properties have been shown as separate tax map lots, and still show on the assessors records and the Suffolk County Tax Maps as separate parcels. They were, the parcel to the north - the waterfront parcel as I said was sold, and it was reviewed by the Building Dept. It's a half -acre in size, and issued a CO for the structure that's there. I think that's pretty much it. I' have the affidavit and those are all the facts with regard to this piece of property. This will again - and, I'm sorry, the conditions - it will avoid economic hardship. I pointed out to you that it is under contract right now for $40,000, and the property was originally appraised for $75,000. There are no the natural details, character and details of the lot and contours won't change or be altered by this application. There won't be in any filling in of environmentally sensitive lands or flood areas. In conclusion under the circumstances that we have presented to you, we hope that you will support the waiver application. I have the affidavits for you, of posting and also Mr. Bruer's affidavit. (Handed up to the Chairman.) Do you have any questions for us? CHAIRMAN: No, I don't have any questions at this time. The only question I do have, I apologize, is you said the death occurred when, that precipitated this entire thing? MRS. MOORE: Two deaths. Edward died first in 1970. CHAIRMAN: Was Ed Wirth on the deed at the time. MRS. MOORE: Ed Wirth - you have it in your records. I'm sorry I don't have it here in front of me. It was checkerboarded at one point. CHAIRMAN: Well do me a favor, just MEMBER TORTORA: I have it. CHAIRMAN: So tell me. MRS. MOORE: Yes, tell us. MEMBER TORTORA: Ok. Well it's right here in the title search. I think I have it. I had it before. MRS. MOORE: I had it on the map. I'll pull it out, it's easier. MEMBER TORTORA: Parcel 36, Wirth died in 1970 leaving Mae Wirth his wife as the sole owner, and she died in 1989. Page 6 - February _ 1997 Transcript of Public Hearings Southold Town Board of Appeals MRS. MOORE: But the deeds didn't transfer. Keep in mind that. There was no transfers. 6 MEMBER TORTORA: Exactly. CHAIRMAN: So they were held by Chemical Bank at that time? MRS. MOORE: No, no. Ed Wirth remained on the deed. As a matter of law, she was the beneficiary but there was no change in the deeds to preserve that checkerboarding. CHAIRMAN: Ok . MEMBER TORTORA: And on 37 - let's see. Mae Wirth died in 1989. And it was in her name by herself, correct? She died in 1989. MRS. MOORE: Yes. MEMBER TORTORA: Prior to that, it was in her name. It was in her name from 1964 to 1989. MRS. MOORE: Yes. As they bought it, they were checkerboarding the parcels. MEMBER TORTORA: From 64 to 89 it was in her name alone. MRS. MOORE: Right. CHAIRMAN: So the merger occurred prior to 1989, I mean post -1989. . MRS. MOORE: Post 1989. Yes, when she died. And it all got because of Chemical Bank as the executor, they all went into -- MEMBER TORTORA: It wasn't put out - MRS. MOORE: Right. The deeds had to be transferred to Catherine Harrison who was the beneficiary under the will. MEMBER TORTORA: And that didn't occur until 1996. MRS. MOORE: No. MEMBER TORTORA: 1994. MRS. MOORE: 1994. 1990. Page 7 - February E, _997 Transcript of Public Hearings . Southold Town Board of Appeals MEMBER DINIZIO: 1990. CHAIRMAN: Yes, 1990. MEMBER TORTORA, Oh. Ok. CHAIRMAN: We have it now. Thank you. Hearing no further comments - does anyone have comments? Seeing none, I'll make a motion closing the hearing and reserving decision until later. MRS. MOORE: Sorry, sorry. I just wanted clarification. In 1990 the deed went to Catherine Harrison by way of the will but in 1994 that's when it was checkerboarded as soon as the estate was resolved. MEMBER TORTORA: Right. CHAIRMAN: It was checkerboarded because the house was put in whose name? MRS. MOORE: Well at that point again it got checkerboarded between Catherine and John, so -- CHAIRMAN: John got the house.? MRS. MOORE: Yes. John got the house and Catherine and John got the vacant lot . CHAIRMAN: Now, we have it. MRS. MOORE: Now you have it. MEMBER VILLA: - How can you do that . is my question? If it was merged basically by the bank, you could just nilly-willy write other deeds? MRS. MOORE: Yes. You can deed out, the question is not '- in fact for many years here you could, the Building Dept. would have issued a CO because they recognized - based on the records. It's only since the merger law was written that those kind of issues actually became clearer, at least as attorneys, Bill and I always do a single and separate search and that's how we -- Bill represented Inland Homes who was going to buy this lot, and that's it when it became apparent that the properties became merged. Otherwise it would probably never have been noticed if a single and separate search had not been done. CHAIRMAN: And that driveway is access to the rear yard. Page 8 - February v, 1997 Transcript of Public Hearings Southold Town Board of Appeals MRS. MOORE: Yes. To the rear house. CHAIRMAN: To the rear house. Right. And how wide is that? MRS. MOORE: Ten feet. MR. HARRISON: Say 10 to 12 feet, in that area. MRS. MOORE: The dirt driveway. CHAIRMAN: Thank you. Thank you very much. All right, again, I'll offer that as a resolution closing the hearing. MEMBER DINIZIO: I'll second it. Motion carried and resolution adopted. LAST HEARING: TOWN OF SOUTHOLD COUNTY OF SUFFOLE STATS or law Yam ----------------------- IN THT MATTER OF THE'MVITION OF JOHN AND CATHS9110 RMISON ------------------------1. ------4M 0 Rudolph H. Bruer, being truly , s.wQrn , -dqpo'� 1. I was the coexecutor with Chem1p.41, 0�," ,§r *hei Estata::Of Mae m D. Wirth., who died -in 1989. Hat 1). lat�b -6r- oWt df the subject prop'erty. 2. That I make this affidavit in slaMort, ,off the a1mvp petition* Cough Y7 3. That Mae wirth's a+ec-r, waz the prix4ary beneficiary of the Real 2state of ifti`a 4. That the a6inistrAtion. tI�I 40. y4patp to of 'th, 0 -ted Ati it aftinister, and durin tie a0i' Itr :0, 1 attex to convince My coazatutor, thetical, `U to C, Cut I a - Y" a tubi -tit b '14 h ItarrIsbn tQ parcel to Cather n,e ri h avoid the zerger of thl.�;t parc�al U t4-0 k, del.. Chdoical thait the . Bank refused to convOy this16the'r beneficiary, Catherlind'Hatrisdh. 51 That as soon as it was practict-1: the property to both J*r-A'Ad her huz?A`:ha-, 6. That the parCel-Was appraii;ad got �)Oth.sttta and red-erallas havizq a fair mark-tt v-4104 The Zatate Taxes were paid -ba-Sed, h the 7. That the property is. proz6ntly unftr,C*0,1044*r $40#060:,00-« V$ -:L1-#0 $Utftrod by Mr. Vad a. That a signif icAnt, faconoxiv, �cvv000 Mrs. Harrison if the agplicatiOn. VAAVot lhetgiar . is tot granted. 9* That a drivtv4y'1Wh1"_U. cb va$ ttd'4 0,44Y.-I-VaAt-O-ary ,90"to se: , a - the adj:olning and 4�0-4r ro0 A— 114 ho, tearyb6-4weOn 4 t PrOlF rft�.Oz W 0 VUI.4 'destroy tho the properties, to:Vic- t . I . ,4 U.A 1�%. - . Ao$ rko valua or value of the lot 37 .(ail, I'm :A is: DPW It an4 Ude usefulness to lot 30 XhIc. "uOrl e Ferrell (purchased fides !-luarrizons WEMPORE, it is respectfUlly r6quer ted' that t application be granted in all respedtsi. Rudolph H. Bruer Sworn to before me 4 o-rodAe- "V,� Iq 57 .W tary Public BESSIEL AUSTIN Iim Public, State of Newyork No. 62-3203050 0-mlified in S rp ,47 Courh� Commission Expi g 19� Note to Applicant: Please try not to remove sign until day of the hearing. Only seven full days is required for posting, but it may, of course, remain longer. Thank you. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of ' ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) FFIDAVIT OF POSTING residing at ?7o 41w/ New York, being duly sworn, depose and say: day°f1996, I personally posted That on the 67�property known as 11 //^4440;"Fat-r. �► by placing the Town's official poster sign ten (10) feet, or closer,, from the front property line where . it can easily be seen from the street, 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 of hearing noted thereon to be held �/ (® 1997.) Dated: ap/ 199 . ( signature ) Sworn to before me this 4, day of Ft,&. 199 J Notary P.lublic MA, SA,. LT f;• Rl! MARGARET C. RUTKOWSKI Notary K) Notary Public, State of New York n New York No. -408228 i Qualified in Suffolk County Cur ;{ Cou 9 Commission Expires June 3,19 .� speciTfc parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the sarrie shall fix a I(If adudfoaai space is needed, asuch page_ the Sam- size as this sties, and num ler cch.) DOS-,91Rev. 7.91) �I) I ' I ,\V J �, time and piece for a public hearing thereon. The board ar commission reviewing an application shall provide for the giving of notice: A. 8y causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. 8. By requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed an the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall rile an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts, and ever/ property which is across from any public or private street i7•om the property included in the applica- tion. Such notice shall be made by cartified mail, return receipt re- quested, posted at least seven (7) days prior to the date of the initial public hearing on the application, and addressed to the owners at the addresses listed for them on the local assessment roil,., he applicant or agent shall File an affidavit, that s(he has complied with this provision. 2 VEYED .ICILYAS SLIQ V�-.N-TWL ;C FROM MARION R KING REALTY 09. b7. 195:" 11:01 tv L 44 Ll �1 , (J• I_.H/lQQlS0W) i y A 1.• •, U J CI kRtzi 4N� ( c. R f HARM SQ 14 VAIL ` FFNC jf ' RAIL FffNXj' X95. "tG Ik ' ` 90G.s` 2OAl 1 C� P. 2 MARION KING REALTY 31855 MAIN I?u CUtCHOGIR, N.Y, 11935 516 734.5657 premises. Location of Property: "5650 _ s • Building Inspector under Article =11, New Suffolk;Ave„`,Mattituck, NY;;;;:,.Section . 100-239.4B,- applicant. is` . ' Parcel #1(00.115-10 6:a ,'%%r :°' ;.; ,kt, requesting a variance for., approual ofl .: . 7:00"p,m.;App1:=•No.;steps and deck construction; as built.: AND>♦R .09 Based " upon >' ° the near existing bulkhead at 2175 Nassau; .12J1W%Action of Disapproval by the Point: Road, Cutchogue, NY; Countyr; Building liispectar underAiticle k= :; ”-' P�(""ccee1 #1000-104-13-12. f SectionQ'100-239.411; :applicant., is- ..;:..7:40 p.m.. Appl. -No -4453 -. a;.requgsting to construct a deck. addition'` EDWARD ; ;. and - EVELYN) to dwelling which will be.less than the " HALPERT. Baied.upon.thi'Ii/18/96t. required ",75'- from the 'existing' bulk-NAction'of Disapproval by the Building; ;. head. Location 'of Property: - 2515 Inspector, applicants are• requesting,a4: Calves Neck Road, Southold,?..NY;-=f' Variance under.Article XXIV, Sections ;'.Parcel #1000-704-45.5." „.:.'=100-241-A&C,,and Section 100-243A,1- R:;:,7:05 p.m. Appl. #4456 =FRANK for the proposed `alteration and second'i and PATRICIlA REH�I,Y;, Based Upon -' ; .floor addition (expansion) of a noncon- ` the 01/06/97 Action of Disapproval by' = t • fomring buildinS which has contained a the Building Inspector under Article :: nonconforming -'(preexisting) - living, IIfA, Section 100-30A 3, applicant is unit, separate and accessory to the main s re�uestin to �nshuct an additionp to dwelling, at 2125 Tow Harbor Lane, °dwe I'1i`gIclr:Wrllesceedtlie�Southold�'NY;;.Couety:Petcelt000 .tequired'35- front yard for this iesiden= `'{' 66=1-31:« Zone: R=40• Residential.;) hal premises. Location of Property: 25�7;! ; Property • sized=.•1:454' acred. County:! East Side Ave., Mattituck, NY; Parcel'; . f, Parcel No. 1000-664.3i. Zone: M-31. a 1000 9,9-3.18: „:. ,:.''.' : 8:00 p.m. Appl: No: 4455 —JOHN 7:15 m >... p. . Catryovet l3eann9 Appl: '.'• ' aad CATHLEEN' HARRISON. This. No. 4410.'- = GARY' SACKS ' and.." `• is request for, a waiver unlet Section BOARD OFAPP : ;"ALAN SCHLESIAIGER Based upon, 100-26, based upon the 11%14%96Actlon TOWN OF SOUTHOLD . ,..� . the July 16;1996 Notice of Disapproval.,; = ; of •Disapproval by'; the : ,iauildin LEGAL NOTICE: from the Building Ins ctoapplicants Ins g' Inspector, PP pectoc The Building Inspdctot;.has NOTICE IS HEREBY GIVEN, pur-: ,x;, request a Variance under Article XXIII,''.. •determined a merger under' Article II, suant to Section 267 of the Town Law `:. , Section 100-239.48 for a proposed '. Section 100-24A because, � ttidy'' have and the Code of the Town of Southold;.`. deck addition within 75 feet of bulk-:_,, been' held in common ownerships at,, the following applications will be held ,i:.'', head,.at 125 Mesrobian Drive, Laurel, '_ sometime after July. 1, 1983.. Proped for public hearings by the SOUTHOLD = NY; Parcel #1000-145-4-7. -, ,:, Location: 1225, & 1227 Pine Neck l i TOWN BOARD OF APPEALS; at the. , 7:25 p.m Appl, -No. 4448 — 'Road, Southold, NY. Parcel #1000-70-., Southold Town Hall, 53095 Main Road, ;,.;' MARIA ANDRIOPOULOS: Based 5-36 • & 37. Zone:' R-40. Size of lot Southold, New York 11971,, on upon the 1121/96 Action of Disap- .,. when created less than 20,000 sf. THURSDAY,n;FEBRUARY proval by the Building Inspector under 8:15 p.m. Appl. No. 4401—DAVID as noted below: Section100-239:4B,DEFRIEST -,.as, nant.--Garryovec t 6:45 p.m. -North Shore Yacht Sales, .^ }�appl7can""t 'req els g ;ii' vacfance >`oc ?Iieaii i"`:con n�ed•'.Goin X1/14%46; and B� . Appl. #4458 — MICHAEL.HUGH., ; tho location of a portion of a proposed`' • *froin 12/12 per applicant's regu'est.-Use ES. Ibis is a request for a - special deck addition within 75 feet of an exist- variance is requested for a car rental exception under Article X, Section 1002 ry,`,> Ing bulkhead at 1605 Westview Drive, :', business concerning property located at 101, B12 for` new arid used boat sales at: !" Mattituck;,Couniy Parcel#1000-107-7= ' '73625`Main ' Roadf Greenport;,. NY County Parcel No. #1000=45-3-2: 11500 Main Road, Mattitdck;$:NY;'rY;,::9.,' Zone' Parcel #1000-122-3-6. Zone district: •B t,., 7:30 %:`p.m;y ,Appl.` :No. 4452. — 4a, .;District:: LB't limited" Business for Business.:: (Site owner: ".` Hai !ey`•�.` - CHRISTINA-WVERA. • Based upon entire parcel. Bagshaw) _ ;y the 1/14/97, Action of Disapproval by ; , The Board of Appeals will at said 6:50 p.m. Appl. No. 4454-= SA' ."Ut J" the Building, Inspector Under Article' time and place hear any and all persons= VATORE end IRENE• ARIOSTO.;s,a IIIA; Section.100-30A:3;";applicani is: '< 6r representatives desiring to be heard.. Based upon the 10/09/96: Action .W -W1 requesting a variance for permission't'>- :`,tin the above appl6ilons: Written con r` Disapproval b the Building Ins addition' PP Y g pector locate a portion of a proposed additionv>pi�inents may ,also be submitted prior to' under cant is requesting cle III, etoron locatte0 a-st rreg ..lo ili- to dwelling esettfianwhich thd`,rrigUired,,40'ft.''r :.i,*The` abo e'' -hearings,$ illcnot start building (as built) in the frorit`yard'area rip front yard setback from Inlet Drive, fid` fQig'the`timeS'.desigriated, and some.. - ��•g "Y^ Location of Property: 110 Selah Lane; ',4 }•a small portion;of steps -less than the may be carryo ev t e ings l`hE Ides". Mattituck, NY; Parcel• #1000-106-09= < required 40, ft, front yard from Sound.: , ;. may be reviewed during regular busi 4.8. Beach Drive.. Property, Location:.: 256.:.;. � ,- ness hours for updates or new informa=?-: 6:55 p.m. Appl. No.' 4457 = 4�t� Sound -Beach Drive acid Inlet Drive, _:..;. , lion. If .you have questions, please_ do , JAMES and DIANA MINOQUE::: Mattituck; NY; County Parcel #1000` `'''not hesitate to'ca11.765=1809. Based upon the 01/03/97 Action : of ,: }�>,99-1-16: Zone: � R-40 Residential. This Dated: January 21, 1997. Disapproval by the Building Inspector.; w:: parcel consists of approximately 40,000'x; BY ORDER OF THE SOUTHOLD under Article IIIA, Section 100-30A.3, sf._ in total area. • . , ;s, TOWN BOARD OF APPEALS applicant is requesting to'construct an:a_; .-7:35 p.m. Appl: No. 4451— MARS GERARD P. GOEHRINGER, :. addition to dwelling which will exceed IAN JEAN PRAUS. Based upon the ; LEGAL NOTICE BOARD OF APPEALS TOWN OF SOUTHOLD 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 J 971; on THURSDAY,:FEBRUARY 6, ..1997.as noted below::; 6:45 p.m. North -Shore. -Yacht Sales ;;:App1:-Na:j 4458 '- MICHAELHUGHES.This ;is a request;for a specialexception under Article X, Section 100- 101, B 12.for-new andused boat sales•,at 1;1500 Main;;Road, Mattituck;.;Ny; Parcel:.#1000- 122-3-6.,Zone, district:.. B. Busi- ness: •(Site-.,owner;,Haryey Bagshaw)s_ -• , . -- , -- 6:50 -p-.= 6:50-p-.= Appl.�No.:445.4- SALVATORE and- IRENE ARIOSTO.: Based. -upon -the 10/09/96 Action of Disapproyal by the,Building Inspector -under Article III; Section;100-33C; -ap- plicant is requesting.• to locate a storage. building (as built) in,the front yard area:. -:Location -of Property ;::,110 Selah :Lane, MattituckY:NY; Parcel.#1boo- 106-09-4.8. 6:55-p:m 1Appl_ '#4457 - JAMES :' and*. -' DIANA MINOOUE.: Based upon_ the 01 /03/97 Action of Disapproval by the -Building Inspector under -Article IIIA; Sectioii•100.=30A:3,. applicant is -requesting :to,;con struct an: addition to 'dwelling which will .exceed the required .20% lot•.coverage-.at,premises. Location of Property: 5650 New Suffolk, Ave: Mattituck;;NY; Parcel # 1000-115=10-6:,.. =7:00 p.m. °Appl .No_,.`LOIS T: ANDERSON '"Based upon the 01/03/-97 -.?Action.: -Of Disap- proval by the Building Inspector under Article XXIII,-' Section .100-239.4B, applicant is -request;,, ing to construct a deck addition' to dwell fng which will be less than theyrequired 75' from the ex= isting bulkhead. Location of Property: 2515,C I =Neck Road; Southold; NY; Parcel #l000-70445.'5-.'--_,,, F Mp.m Appl.#4456- T and PATRICIA REILLY. Based upon the 01/06/. 97 Action ofDisapproval by the Building Inspector under. Article IIIA, Section 100-30A.3, appli- cant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises.. Location_ of.Property_ 25 East - -' 'Side Avenue, Mattituck, NY; Parcel #1000-99-3-48- p'. m,,,. -3.-18.p.m. CanyoverHearing: . Appl. #4410- GARY SACKS and Ak.Ahl-SCHLESINGER'-. Based upon the July 16.1'.19.96 Action of Disapproval by the Building Inspector* applicants . requesta VarianceunderArticle;: XXIII=Sec'tioi L00 -239:4B_ fon a proposecldeck addition within 75 feet;of bulkhead,- at 1325. 7:25 ,Basedupon'the 11%21/96, Action of Disapproval. by,the�Building Inspector under:Article=XXIII Section 100- 23-9-'.'4 , appIicant'is requesting a variance for the lo- cation of a portion ofaproposed deck addition_within 75'feet o€ an existing bulkhead ' at 1605 Westview Drive, Mattituck/ County. parcel # 1000-107-7-9. 7:30'4452- CHRISTINARIVERA: Based :.upon the 1/1.4/97; Action' ofDis- approval by the Building lnspec- .' tor'under Article' 1I1A; Section :'3 . .1_ t`' - . '•'t .:100 -30A struction, as bui risting bulkhead at 21,701assau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m: -Appl. No. 4453- EDWARD 'AND EVELYN HALPERT. Based upon the 11 / 18/96 Action of Disapproval by the Building � Inspector, appli- cants are requesting a Variance iirider Arficle'XXIV, `Section '1`00=241-A&C and Section 100 243A, for the proposed alteration and "second floor addition '(ex- pansion) of a--' nonconforining `'building which has contained- a nonconforming (preexisting) liv-, ing.upi. separate -and accessory NY; County Parcel # 1000-66-1- .:31. Zone: R-40 Residential. 'Property, size: 1.45+/- acres. County, Parcel- No:.1000-66-1.- 3.4 Zone: M-31.. ':--{ 8:00 p:m. Appl. _No. 4455- 'JOHN AND CATHLEEN HARRISON: This is. a request ,for a waiver'under. Sectio 100:- 26, based -upon bpon the 11/14/9Ac-tion of Disapproval by the Build -.1 ing Inspector. The Building In- spector has determined a merger .i under Article' `I1�nSection.J00= 24A because they have been held - in common ownership at some. ' time after July _l, 1983. Property... Location: 1225:&_1227 Pine Neck Road, S6&hold; NY. Par cel # 1000-'70-5-36&37. Zone; R- 40. Size of lot when createdl-ess than 20,000 s.f. 8:15 p.m. Appl. No. 4401-- ,app scan is reques - ing a yanance.for permission to :- DAVID DEFRIEST as Tenant. a�' locate'aportiopp€l j ' oposedad- :.Carryover liearipg;_continued tiN _ `'from 'l1/14/96, aiid•from 12/121 ;� ditioifto dwellin -for which:a-'. g ` `- 'portion=will -be 'lo^ • cated'af less., : per applicant's request: Use van- 'i - "than the 'regiired40'ft'fr6nt yard :. ance_is requested for -a car rental. -setbackfroni Ii it Drive 'aiid•a business concerning property! - _ -° `small portion of "steps`less'tlian located at 73625 Main Road; r the"required 40 feet front yard Greenport, NY; County Parcel frommer" bp' - ' `Sound Beach'Driv:LB No. 1000-45-3-2: Zone District' '256;S6 und'Beach . :; erty Location: Limited Business for entire Drive and Inlet Drive„Mattituck; : parcel..,. NY; County Parcel #1000=99-1- The Board of Appeals will at 16: Zone: R-40 residential:'.This said time and place hear any and arcelconsists`ofa roximatel p pp y all persons.or representatives -40,000sf'intotal`area:;''__ - _ desiring to be heard in the above 7:35:pan: APpl.:No. 4451 application. Written comments _ ss MARIAN' JEAN -PRAUS. Basedupoii the 12/06/96 Action 'of Disapproval by,the Building Inspector under Article'XXIII,. Section.100-239.4B;applicant is requesting."a„variance for,:,ap- proval :of'stejis and ;deckcoi- may also be submitted prior t4 the conclusion of the subjec hearing. The above hearings wi; not start before the times desig nated, and •some may b, carryover hearings.- The file: may be reviewed during regula! business hours for updates oi new information. If you have .questions-, please'also'do no hesitate to call 765-1800. Dated: January 21;1997 "BY ORDER OF THE SOUTHOLD TOWI\ BOARD OF APPEALS -:' GERARD P GOEHRINGEk Chairman 1'X=1/23/97(76) `� G 3 L COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for .................................................. / ................... vv, e e ks successively, coy pencing on the .. .............. clayo ................................................... .19..x? ............................. Sworn to bef re me this..............3..........day of ......."... ..................... .19 . 7 ................................................ ................... . Notary. Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk CountV Commission Expires $ ! 148 APPEALS BOARD MEMBERS V �OSFFO(�CO Gia Southold Town Hall Gerard P Goehringer, Chairman .c 53095 Main Road Serge Doyen o= cis Z P.O. Box 1179 James Dinizio; Jr. p Southold, New York 11971 Robert A. Villa ?�0 a0� Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 Dear Please find enclosed a copy " of the Legal Notice confirming the date of the public hearing for your application to be held Thursday, February 6, 1997. This notice was published _ this week in the Times -Review by our office. Also enclosed is a sign to be posted by you within 10 feet from the front property line (facing the traveled street) . The Affidavit of Posting must be signed and returned to our office as soon as may be possible, after the sign has remained in place at least seven days. (The sign may remain .in place longer, which is always preferred.) Please feel free to stop by, or call us, during the last few days of processing to review any updates or communications that could be added to the file. Very truly yours, y�a7�tJGz,e!�t- Enclosures Cida Kowalski P.S. Enclosed is a copy of the "standards" of law for your use. Please note that different standards of law apply in different appli- tions, i.e. "area standards under New York Town Law" apply to most variance applications, "waiver standards under 100-26" apply to merged lots as per '100-25 (different than area standards). "Land use standards of Town Law" apply to use variances. "Special Use Excep- tions" under Town Law and Zoning Code standards 100-263 thru 100-265. Wat rbr nDerSiZed LOT NOTIC'9aO�TAEARING 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: erin2 + -Pa r. riso'lv DATE OF PUBLIC HEARING: 7Tn urs. � �'eb. !�, � 9'97 e-6 M's 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 e (516) 765-1809 i.v&r bDerSiLee DoT (l00-�G� N.OTIC4 aOF�TEARING 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: Cat erme't SON)v -PoaerisoA/ DATE OF PUBLIC HEARING: Th urs., reb, !v, 1 Clq 7 p. ole 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 S a.m. and 4 p m BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 1.7)J;' A/P r. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Feb. 6, 1997 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4455 Project/Applicants: John and Cathleen Harrison County Tax Map No. 1004-70-5-36 and 37 Location of Project: 1225 & 1227 Pine Neck Rd., Southold, NY Relief Requested/jurisdiction Before This Board in this Project: Waiver request -Merger Law Section 100-26 This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 444-4 of the Town of Southold. An Environmental Assessment (Shortl Form has been submitted; however,' Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the' Type I1 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. - - JUDITH T. TERRY TOWN CLERK REGISTRAR OF 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. 4455 DATE: JANUARY 8, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted is an application for a waiver submitted by JOHN & KATHERINE HARRISON together with Zoning Board of., Appeals Questionnaire; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk 3S� 3/%? �� c.cti�, �[,In�• filr ��Sa�a, � a PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 January 2, 1997 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for Waiver Under Section 100-24, 25 & 26° of John Harrison and Catherine Harrison Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Notice to Adjoining Property Owners form 4. Z.B.A. Questionnaire 5'. Disclosure Statement -4. '!�czcJ "A/97 .7,-6: - Filing fee check of $150.00 7.' Copy of single and separate search 8. Copy of survey 9. Copy of Suffolk County Tax Map Please place, -.this matter on your hearing calendar. Thank you. Ve my yours, Patricia C. Moore PCM/mr Encls. A ICATION FOR WAIVER UNDER TION 9.00-2 6 /SD, r 7b --S —Gx��f This review is for lots whi.cli have separate deeds recorded prior to' 1983 and -undersized. A merger determination lies been issued by the Town Building Inspector (copy attached). I'he.zoning of my parcel is presently: r-40 The size requirement .for this zone is: 40,000 square feet per parcel. County Tax Map Parcel Nos: 1000 70 - 5 - 37 I (we), Catherine & John Harrison as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town.Zoning Code. I hereby submit all of the following documents for reliance by tate Town of Southold in making this review determination: , `36-1LjI�C� 1. Copies of my recent tax bill for both (all) lots. Rrumiven 2. Copies of deeds dated prior to June 30, 1983 for all lots. JAN 610,97 3. Copies of current deeds of the parcels under review. Town CllrrkatJs 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 Cor a subdivision and, If necessary, area variances under the usual procedure. By making this application, I hold the 'rown of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. pp I i craft t and ow tie r ) Patritcia C. Moore, Esq. (Applicant and owner) Sworn to before me this 2/ Sr- d a y o f 19 Notary Public A Waiver is hereby approved decried based upon the above documentation. Issued by Reasons for zbeta.vA295 MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4802528 Oualified in Suffolk County Commission Expires June 3,i9L7 (delete appropriate action) application(to continue on next page). APPLICATION FOR WAIVER UNDER SECTION 100-26 REASONS WHY WAIVER OF MERGER SHOULD BE GRANTED: HISTORY OF OWNERSHIP: SCTM# 1000-070-5-36 Edward Wirth purchased this Waterfront parcel (SCTM# 1000-070- 5-36), on October 28, 1960 at Liber 4900 page 234. In 1970, Edward Wirth died and his will left all his property to his wife, Mae Wirth. Mae Wirth died in 1989 and the estate's co-executors were Rudolph Bruer Esq.. and Chemical Bank. Mr. Bruer could not convince Chemical Bank to convey this and the adjacent undersized lot (lot 37) in different names in order to avoid merger under the zoning ordinance. After delays in the administration of the estate due to this disagreement, the properties were conveyed to the beneficiary Catherine Harrison. Thereafter, on April 22, 1994 at Liber 11677 page 587 Mrs. Harrison had a correction deed prepared which transferred the adjacent property to her husband. On January 29, 1996 Mr. Harrison (and Mrs. Harrison) sold Lot 37 to Marguerite Farrell Ude and R. Dennis Ude. The'Building Department issued a pre-existing certificate of occupancy on January 10, 1996 for a "non -habitable" one family dwelling on this parcel. SCTM#1000-070-5-37 Mae Wirth purchased Lot 37 on December 17, 1963, at Liber 5478 Page 428 from Hutcheson. As she and her husband purchased this and adjacent properties, they made sure that the properties were purchased in separate names. In 1970, Edward Wirth died and in his Will left this property to his wife, Mae D. Wirth. However, the record owner remained Edward Wirth. Mae Wirth died in 1989 leaving this property in her Will to her niece, Catherine Harrison. Catherine Harrison conveyed her interest in this property in a correction deed from herself to Catherine and her husband, John Harrison, in 1994. The Harrisons at the time the correction deeds were filed changed the ownership of all the Wirth parcels along Pine Neck Road intending to avoid merger. DESCRIPTION OF PROPERTY: The Lots were created prior to zoning in a subdivision filed as Map of Property of J. Wells Phillips at the Office of the Suffolk County Clerk on November 6, 1909. Lot 36 is a waterfront parcel with .5063 acres or 22,053.75 square feet. The house contains a one story frame house determined to be uninhabitable by the building department in a pre -C of O issued in 1996. In an Appraisal prepared on February 9, 1996 by Agnor Benson, M.A.I, S.R.A., for the Estate of Mae Wirth, he quoted the assessors's office with the opinion, relied on by the appraiser i r � t for Estate Valuation of the properties, that the properties could be sold separately in that the properties were created prior to zoning and were recognized by the Town. Lot 37 is an unimproved lot with 99 feet on Pine.Neck Road and 160 feet in depth. Along the westerly property line a right of way was established in 1935 separating the property from the one acre parcel to the west and the Waterfront property to the north was sold to Ude (as previously discussed). The waiver will not affect the density of the neighborhood in that the properties have been shown on the Tax Maps as separate parcels, similarly sized to many of the properties in this neighborhood. The property to the north (lot 36) was sold as a separate waterfront parcel, reviewed by the building department, and purchased as a,.5 acre parcel. The property on Pine Neck Road is split from the westerly one acre parcel by a right-of-way. These properties were never intended -to merge by the successive owners, the Building Department and Assessors office of the Town of Southold: There.was no intent to merge the parcels. The waiver will avoid economic hardship to the Harrisons. The parcel is presently under contract for $40,000.00. The Harrisons would incur a significant financial hardship if this parcel is not permitted to be sold separately. This parcel was appraised in 1990 for the Estate Valuation at $75,000.00 and they have accepted an offer for $40,000.00. The owners have already suffered significant economic loss due to the drop in real estate values in Southold. Natural details and character of the contours and slopes of the lot will not be changed or altered in any manner, and there will not be a filling of land affecting nearby environmental or flood areas. The property lines will remain the same. In conclusion, under the circumstances presented herein, the Zoning Board of Appeals should grant the waiver of merger of these parcels. tl�r� y ti U0AIkQ OF AI'ITALS, OWN Or 50U11101 -U in the hlatter or Ilse f e011ort of John and Catherine Harrison _ to lltc Uoaid of At��cals of tllc �uwtl of Southold — Mr. Gus Sideris Mrs. Doris M. Sherman TO: 3 Franklin Court 1180 Pine Neck Road Garden City, NY 11530 P.O. Box 1002 Southold, NY 11971 YOU ARL- 1111-REBY GIVEN NOTICE: NOTICC TO rtiopElztx owllr;ll Mr. Thomas P. Grattan Main Road Peconic, NY- 11958 1, -111.11 It is the 111tentio►► of lite undersignecl to petilloii Ilse (bard of Appeals of Ilse f►►%vll of So(rtlsold to request a•(Varlallce) (Specs.1l L"xcertlios►) (Special ('er1n11) (0(_he.r. I [Circle eitolee I Waiver of Meraer -- I•----)- 2. I-I►at lite property wllicll Is tine subject of Ilse ('etlllon is located adjacent to your property and Is des- clibecl as follows: 1225 Pine Neck Ro��—So_ti-tio - -- ----- see attached survey ---- Suffolk C o u n t v-- 3. lhal Ilse prcrpelly wllicll Is Ilse subject of such I'elitlon Is located In lite foll(twhlp tonlnp distrirl: r-40 __ —_ —_—------- --' I Ibsl Ise su(It 1'el{Ilan, the u►sdersil;ned will le(luest the lollowinll relief: -- reestabli3h—Pxi Gti nsq lar 1. Dpq,—as S-bo�a=�---- 5. Th.11 the provislons of 11►e Soulbold I own Zor►Ing Code applicable to the tellef souplst by the under - s i p i e d are Article I I Sec l-i.on_ 100-24 A &md--1 n�0 — 2 5 — ----- — , -- 6. Ilial witidu live days hone the dale Iseeof, a wriltett ('ellflon reciuestb►g Ilse relief specilied above will be fllecl In Ilse Southold -town (aerlc's 0111ce at Main Koa(I soulliuld, New Yotl( and you IuhY Ilteu and there exatnirle Ilse sarue (lurb►g legular office hours. (516) 705--1E109. 7. ilial before lite rellef sought may be printed, a public lsearirsp 1111151 Ire (lel', ort the 1►tatler by Ilse Ilo11d of Appeals; that a Is of such hearing must be p((bllslted at least live days lirlur Io Ilse dale of suds bearing In Ilse ).ong Island 'iraveler•Mattllucic Walcbrrlan, newspapers publislsed In file esenlallve have Ilse -►own of soutlsold and deslpllated for the publicatlon of such notices; that you or your tepr ilglit to appear and lie heard at such heatbsg. 1)ated�� r I'cl I vne► Patricia C. Moore Esq. Ow Ile I,!; t (James : Johrl and Catherine—__ -.- post Oflice Address Harrison Box -4.83 315 Westabaii-a_R.oa-d._—_.---_ Mattituck V NY 11952_ 'Te l . flo . ( 516 ) 298-5629 (Copy of sketch 01- plan s1101 -11N) III•opos-Il Lo be 11:I;acllec) f01' cunvelllonce purposes.] ..,....•<..y., aft; i �ji�44w �e¢Ai8''�'i"� t�'�4 �:!f1N: "*w-.� t P -ROPE K-hlg11:1Nf RE—HQTILE 1�'1"t'ACII CERTIFIED MAIL, RECEIPTS 1000-70-8— 21: Mrs. Doris M. Sherman P.O.Box 10.02 1180 Pine Neck Road Southold NY 11971 1000-70-8-22: Mr. Thomas P. Grattan Main Road, Peconic 11,958 1000-70-5-38:° Mr. Gus Sideris' 3 Franklin Court Garden 'City, NY 11530 STAII:OF NEW YORK ) COUNTY OF SUFFOLK) ss.s Margaret Rutkowski resieling at, Theresa Drive, Mattituck, NY 11952 being duly sworn, deposes anti says tliat on Ilia 2nd " day of _ January • _, 19 97• , deponent nulled a true copy of Ilia Notice set forth on the re- vcrsc side bcrcof, directed In each of the above-named persons at Ilia addresses sel opposite then respective names; that the addresses set opposite ilia names of Bald persons are the addressee of saki persons as shown an the current assessment roll of Ilia Town of Soutliold; that saki Notices were mailed at the'Uplled Stales Post O'f- ficc at Mattituek, New York ; ilial said Notices were malleel to each of said persons by Icerlilic(l) its WApkt) [nail. Margaret Rutkowski ,:. 'Sworn Io before Inc Ihis _ 2nd_ day of Janua_ rte__ 19 97 Notary Public PAMWAA C. MQOAE NO"" pwft ft" of Nswlfb* Suffolk CwjRty - No. 4881888 C=MWWW.li n.I4J.W9' . r (this side does not have to be cotnpleletl on Form trarism)tteld 1.0 adjoining praltert:y o►•�ners.) P -C) A P Ij N 49 TIM13H,' PLAtJT Ef" FL -ATP Ll Im in 00 E. 9 -7 r..Ali. PEW, e P -C) A P Ij N 49 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of John Harrison and Catherine Harrison. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of John Harrison and Catherine Harrison before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: January 2, 1997 illiam B.. Mook y PAC - 1975 V A R I A N C E S E A R C I-1 3 COIJ14 T Y OF SUFFOLK) SS: STATE OF NEW YORK) 0 JEANNE ANSTETT, BEING DULY sworn deposes and says: That she resides at 386 Marcy Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of PECONIC ABSTRACT, INC., and that under her direction title was examined to the parcels of land described on the annexed schedules. That said examination made to include 9/1/1996 and said town to disclose if subject premises is in fact single and separate ownership as appears from the chains of titin annexed hereto and -that -the effective date of the applicable Zoning Ordinance is 04/01/1957. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as a_ basis therefore the information set forth herein and knowing full well that said Board will. rely upon the truth thereof. PE,C,ONIC �BSTRACT, INC. BY J- NN ANSTETT ,FIG, MANAGER SWORN TO BEFORE ME THIS 20TH. -DAY OF SEPTE ER, 1996 NOTARY PUBLI _.. RICHARD SP,4fJ$tl" f .ary Pu ;c "Rata 6f X" ' 1 Ne 52-3775950 SufW !` Cam Expires March 30. 11. I SUBJECT PREHIS__ES 1000-070.00-05.00-037.000 EDITH A. CARMAN to WILLIAM T. HUTCHESON WILLIAM T. HUTCHESON to MAE D. WIRTH DEED DATED 9/23/1941 RECORDED 9/24/1941 LIBER 2190 PAGE 68 DEED DATED 12/17/1963 ELGORDED 1/7/1964 LIBER 5478 PAGE 428 MAE D. WIRTH, Deceased 7/29/1989 (1637P1989) CHEMICAL BANK OF NEW YORK & DEED RUDOLPH H. BRUER, as DATED 7/9/1990 Co -Executors of. RECORDED 9/21/1990 MAE D. WIRTH LIBER 11140 PAGE 25 to CATHERINE HARRISON CATHERINE HARRISON tO CATHERINE HARRISON JOIN HARRISON CATHERINE HARRISON to CATHERINE HARRISON JOHN HARRISON DEED DATED 4/22/1994 RECORDED 5/19/1994 LIBER 11677 PAGE 586 CORRECTION DEED DATED 8/18/1994 RECORDED 9/12/.1994 LIBER 11693 PAGE 419 LAST DEED OF RECORD SWORN TO BEFORE ME "THIS 20T . DAY OF SEPTE B.ER, 1996 NOTARY PUBLIC f RICHARD SFANBURGH~ NatePublic State of Nm YvA Me Z-37775950 Suffolk 00 4 (stn Expires March 30, 18 I -ABSTRACT, BY_ JEANNE NSTETT �F'I.CE MANAGER Am a NORTH OF SUIJECT PREMISES 1.000-070,00-05.00-036.000 HERBINR^1 V. CARMAN, JR., as sole surviving distributee of Lite Estate of EDITH A. CARMAN, Deceased and IIERBERT V. CARMAN, JR. and FLORA B. CARMAN, as the distributees of the Estate of HERBERT V. CARMAN, Deceased, said HERBERT V. CARMAN being the deceased distri.buLee of the Estate of EDITH A. CARMAN, Deceased to HERBERT V. CARMAN, JR., Individually and as Trustee of FLORA B. CARMAN and HERBERT V. CARMAN, JR. DEED DATED 9/11/1953 RECORDED 9/30/1953 LIBER 3587 PAGE 387. HERBERT V. CARMAN, JR., Individually DEED and as Trustee of FLORA B. CARMAN and DATED 10/28/1960 HERBERT V. CARMAN, JR. RECORDED 1.1/2/1960 to LIBER 4900 PAGE 234 EDWARD D. WIRTH EDWARD D. WIRTH died 2/4/1970 (197P1970) leaving MAE D. WIRTH, his wife as sole Devisee - MAE D. WIRTH died 7/29/1989 (1637P1989). CHEMICAL BANK OF NEW YORK and DEED RUDOLPH If. BRUER, as DATED 7/9/.1.990 CO-ExeciltOrS, of. MAI!. D. WIRTH RECORDED 9/21./3.900 to LIBER 11140 PAGE 13 CATHERINE IIARRISOTI CATHERINE HARRISON DEED to DATED 4/22/1994 JOHN [a. HARRISON RECORDED 5/19/1994 LIBER 11677 PAGE 587 JOHN L. HARRISON DEED to DATED 1/29/1996 MARGUERITE FARRELL UDE RECORDED 2/5/1996 R. DENNIS UDE, her husband LIBER 1.1761 PAGE 150 LAST DEED OF RECORD SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC. 20TH./AYOF SEPT MBER, 1996 C/ tel" BY = �. JrNN ANSTETT NOTARY PUBI,I 0I _ MANAGER RICHARD SPANDifI H ktftPOl+c State of New York 52 No 3715950 Sutf* Wuft Gain Expel March EAST OF SUBJECT PREMISES 1000-070.00-005.00-038.000 FRANK DRIES DOROTHY MARIE DRIES to EDWARD D. CALLAHAN MARY E. CALLAHAN, HIS WIFE DEED DATED 8/28/1925 RECORDED 8/31/1925 LIBER 1146 PAGE 419 EDWARD D. CALLAHAN died 4/5/1952 (274P1952) MARY E. CALLAHAN to IRVIN W. SCHAEF ELISE G. SCHAEF IRVING W. SCHAEF ELISE G. SCHAEF to ROBERT J. HEANEY ROBERT J. HEANEY to GUS SIDERIS HELGA SIDERIS GUS SIDERIS HELGA SIDERIS to GUS SIDERIS DEED DATED 9/19/1963 RECORDED 9/30/1963 LIBER 5423 PAGE 593 DEED DATED 5/23/1975 RECORDED 6/30/1975 LIBER 7865 PAGE 409 DEED LNTED 1/11/1980 FECORDED 1/15/1980 LIBER 8763 PAGE 70 DEED DATED 6/11/1982 RECORDED 6/25/1982 LIBER 9202 PAGE -401 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 20TH. DAY OF SEPT MBER, 1996 OTARY PUBL C RICHARD SPANOURM ,I Nsty Pulsl+c Slate of ww Yed 5d.3715950 Suffolk Cour . Expires MUCh A 19 I PECO,NIC -'�BSTRACT,---)INC. B Y___kJE_ NNE.ANSTETT OF ICE MANAGER WEST OF SUBJECT PREHI SES 1000-070.00-05.00-035.000 GENESA BARNES ETHEL GREE14 GILDERSLEEVE to EDWARD D. WIRTH MAE D. WIRTH, HIS WIFE DEED DATED 6/16/1934 RECORDED 6/19/1934 L I REP 1.768 PAGE 208 EDWARD D. WIRTH died 2/4/1970 (197P1970). MAE D. WIRTH died 7/29/1.989 (1637P1989) CHEMICAL BANE: OF NEW YORK and DEED RUDOLPH H. BRUER, as Co--Exect.itors DATED 7/9/1990 of MAE D. WIRTH RECORDED 9/21/1990 to LIBER 11140 PAGIs L6 CA'T'HERINE HARRISON LAST DEED OF RECORD SWORN TO BEFORE ME THIS 20TI� OF SEP EMBER, 1996 N TARY PUBLIC r RICHARD SPAN8U" ,f kotaPwic State of New York j No 1.3775950 Suffolk Cm* ! CD+n Expires Marcb 30. It 6 PECONSACT, INC. BY ,1 ANNE ANSTETT OFF I Ch MAN.-,:...... R SOUTH OF SUBJECT PREMISES PINE NECK ROAD SWORN TO BEFORE ME THIS 20TH DAY OF SEP MBER, 1996 NOTARY PUBLIC RICHARD SPANSURGH Wary Public State of New York No 52.3175950 SuNk Cour4 Corn Expires March 30, 19 P E16ON1 BSTRA T` I NC. BY r J ANNA ANSTtTT �6FF I,CE MANAGER Stendnrd N.Y.S.T.U. 1`60 13010 Exocutor't Unod—Ir+dlvirlual nr Corncrnliorr. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—TMS INSTRUMENT SIIOULD DE USED nY LAWYERS ONLY 1114" H013 , laineteen hundred acid n:i.tie ty THIS INDENTURE, made the �� day of J 0I t,/ DISTRICT , 1.000 S 1;C'.r'1!ON 070.00 111.,o C1� 05.00 1.,0'1' 036.000 IETWEIEN _ 1911 CHEIM:ICAI, BANK OF NEW YORK, having its pr.inc_l.pal jAnce of business at 30 Rockefeller. Plaza, New York, New York 1.0012 —and— P"nnT.PEI H BRUER residing at (no#) Pine Neck Rond, Southold, New York 1.1971 ;,, ;•is',1C'I Sr(:•iIC)PI flt4:)CIC _ 17 is /execulor s of Nae D. Wirth Suf: f o.l.k"County (File No. 16371'1.989) party of the first part, and LOT i1 -alp the last will and testament of CA'fl1I;IZING IIARRiSON, resIdin►; at 213 Harrington Avenue, Westwood, New Jersey 07675 , late of , deceased, party of the second part, WI-I'NESSETII, that the party of the first part, by virtile of lite power and authority given in and by said last will and testament, and in consideration of Tl-sS'J'AMI-sN'rARY BE -QUEST ----------------------------------- ----------------•---------------------_ --- dollars, lawful money of the United States, paid by the party of lite second part,' does hereby grant and release unto the party of the second part, lite heirs or successors and assigns of tile- party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying ' -.111d being 4),Ae at Pine Neck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point whish marks the southwesterly corner of the premises about to be described, which point is located North 4 degrees 39 minutes 30 seconds West .1.60.04 feet from the northerly side of Pine Neck Road when measured along the easterly side of _land conveyed to Edward 1). Wirth and Mae D. Wirth, his wife, -by deed dated June 1.6, 1.934 and recorded June 19, 1934 in Liber 1.768 cp 208, and from said point of beginning running thence along said land North 4 degrees 39 minutes 30 seconds West 275.87 feet to Jockey Creek; running thence easterly along the same, the tie 1.ine of which bears South 75 degrees 46 minutes East 89.07 feet to land now or formerly of Callahan; running thence along said land South 6 degrees 40 minutes 00 seconds East 2.45 feet to land now or. formerly of William T. Hutcheson; running thence along said .land South 84 degrees 00 minutes West 92.89 feet to the point or place of - BEGINNING. `TrOGETHER with a perpetual easement- for ingress and egress as described in said deed dated 9/23/41 and recorded 9/24/41. in Liber. 2190 page 68 and said deed Cr.om lierbert V. Carman to Edith A. Carman dated March 27, 1935 for the benefit of the grantee, his successors and assigns forever. BEING AND IN'T'ENDED TO same premises conveyed 7dwar 1 t Wirth herein by De ated 10/2.8/60 and recorded 1.1/2/60 in IA er 4900 page 234 ., wit c evised Lite pr,em:i_ses to. Nae Ff). Wir't-ii` pursuant: to 11 lJa.l.a. and 'testament, will. 1 was filed in Suffolk Coul-ify a iaer file no. 1.971. til: IVES), •;�;� hI_AL CS!AfF SEP 21 ►ysu TRAN SUR TAX WARD P. ROE fl, E C ®I I D E I.l SEP 21 1990 CLERK OF SUF OLKMCOUNTY w 1)1:STRIC'1' 1000. SECTION 070-00. BljOCK 05.00 LOT 037.000 'A A N �4 frOR � O S1mulnrd N.V.B.T.U. Form 8010 Exncolor'v Dnnd—Inr1l0dunl or Cnrpointinn. ONSUIIOPR�6JE BEFORE BE O E SIGNING TIIIS INSTRUMENT—Tt11S INSTRUMENT SHOULD DE USED BY LAWYERS ONLY 1125 THIS INDENTUR ma e the E, d % day of Tu A/ , nineteen hundred and ninety ETWEEN - 4 J_LJ CHEM:1CAL BANK OF NEW YORK., having its pr.inci-pal palace of business at 30 Rockefell.erplaza, New York, New York 100.1.2 and RIIDOLP11 It. BRULR, residing at (Noll) Pine Neck Road, Southold, New York .11971. co— as kxecutor s of the last will and testament of Mae D. Wirth , late of Suffolk County deceased (I'lle No. 1.637P1.989) ' party of (lie first part, and CATHERINE HARRISON, resid.i.ng at 28 llarr.irlgton Avenue, Westwood, New Jersey 07675 [IISTIZICT SIS CT10ill BLOCK LOT, party of the second part, WI'I'NESSETFI, that (lie party of the first part, by virtue of the power and authority given in and by said last will and testament, and in consideration of TESTAMENTARY BEQUEST ----------------------- ------------------------- ------------- ----------dollars, lawful trloney of the United Slates, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being Irt-the at Pine NetNk, near L -he Village of Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: SOUTHERLY by Pine Neck Road a disL-ance of 98.5 -feet-,- WI,,sTr,1tlJY by land late of Marietta Phillips a distance of 160 feet-, more. or less; NORTHERLY by land of t-;.1): Wirth, formerly of Carman on a line parallel with the norLher.ly side of Pine Neck Road a distance at all points of 160 feet therefrom and EASTERLY by land of Callahan a distance of 160 feet more or less. SUBJECT TO any and a'I.I a _rnenLs of record, if any. i;ING AND INTENDED '' 81;. Hie same remises con've ed to the ,tleceden� p Y grantor herein by .Deed ated 1211.7163 recorded 1/7/.64 in Liber 5478 page 428. RECORDEDSEP F Z ECE�E� RERE.A� EST ATESEP 21 1990 I TRANSUR TAX 1K 1 Cit i�l�?1 f\rJ N 21 1990 EDWMD P. ROMAINE CLE11K OF surFm COUNTY S, -M -rd N.Y.aT.U. Faint 6001. 149401t—R tat. d Sate Dad,.ith CaRCa l aglart G.=tm Ad*—in&W=I ar CQ'Vc m. CONSULT YOUR LAWYM 10O12MGNING THIS INSMMINT• THIS INSftUYINT SHOULD It USED ST LAWMS ONLY ! IMER49OU PAGE234 /� THIS INDEN'R7RE.undethe 1 cp dayof �/Ct&-0—, nineteen hundred and sixty r1� BETWEEN M!aWERT V. CARMAN, Jr., individually, and 'as Trustee under Indenture of Trust, dated July 21, 1953, between 1•'LOPA B. CAMIAll and HERBERT V. CAMAN, Jr., residing at 4605 Norwood Drive, Chevy Chase, Maryland. . viN'nrrt�Tutr Tn'a nL\41 � IMNI]IIC�T.IIn' � i•,i :n.nrn •. ,r party of the first pact, and EU.-L[.Rit WIRTH, residing at no street address, Pine heck llcad, Southold, New v�rk party of the second part, WrMMETH, that the party of the first part, in consideration of TEN ($10.00) — dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL. that certain plot; piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beings at Pine ITeck, Town of Southold, County of Suffolk. State of New York, bounded and described as follows: 3EGINNING at a point which marks the southwesterly corner of the premises about to be described, which point is located north 4 degrees 39 minutcs 30 seconds West 160.04 feet from the northerly side -of Pine Neck Road when measured along the easterly side of land conveyed to Edward D. Wirth and Mae D. Wirth, his wife, by deed dated June 16, 193!-1. and recorded June 19, 1934 in Liber 1768 cp 208, and from said point of beginning running thence along said land North 4 degrees 39 minutes 30 seconds West 275.87 feet to Jaci:ey Creek; running thence easterly along the same, the tie line of which bears South 75 degrees 4.6 minutes East b9.07 fee to land now or formerly of Callahan; running thence along said land South 6 degrees 40 minutes 00 seconds East 245 feet to land now or formerly of William T. Hutcheson; running thence along said land South u;t. degrees 00 minutes 'nest 92.89 feet to the point or place of d3MI%1NING. TCGh_"_'II,! with perpetual easement for ingress and egress described in said deed from Edith A. Carman to William T. Hutcheson dated September 23, 1941 and said deed from Herbert Carman to Edith A. Carman dated March 27, 1935 for the benefit 6f the grantee, his successors and assigns forever. as V.- SOUTH OF SUBJECT PREMISES SWORN TO BEFORE ME THIS. PEON'I ABSTRACT INC. 20TH. DAY OF SEPT MBER, 1996 BY_ ,� JEA NE ANSTETT N TARY PUBLIC 1 RICHARD SPANBURGN � teary Public State of Nor York cuCCRm EX Pres950 Mur b 30,Sulfolk1� i SOF ICE MANAGER 61, WEST OF SUBJECT PREMISES 1000-070.00-05.00-035.000 GENESA BARNES ETHEL GREEN GILDERSLEEVE to EDWARD D. WIRTH MAE D. WIRTH, HIS WIFE DEED DA'Z'ED 6/16/1934 RECORDED 6/19/1934 LIBER 1768 PAGE 208 EDWARD D. WIRTH died 2/4/1970 (197P1970). MAE D. WIRTH died 7/29/1989 (1637P1989) CHEMICAL BANK OF NEW YORK and DEED RUDOLPH H. BRUER, as Co—Executors DATED 7/9/1990 of MAE D. WIRTH RECORDED 9/21/1990 to LIBER 11140 PAGE 16 CATHERINE HARRISON LAST DEED OF RECORD SWORN TO BEFORE ME THIS PE(ONIC ABSTRACT 20TH.;' Y OF SE PTE ER, 1996 BY \\ ,' -` -- —v -- JEANN`144E ANSTETT NOTARY PUBLIC OFFICE MANAGER ....._.•-•'RICHARD SPANBt" Notary Public State of New Y"t .a •; No 52-3115950 Suffolk COartl�i S� :i Com Expires mtrrch 30. 18 INC. ); NORTH OF SUBJECT PREMISES 1000-070.00-05.00-036.000 HERBERT V. CARMAN, JR., as sole surviving distributee of the Estate of EDITH A. CARMAN, Deceased and HERBERT V. CARMAN, JR. and FLORA B. CARMAN, as the distributees of the Estate of HERBERT V. CARMAN, Deceased, said HERBERT V. CARMAN being the deceased distributee of the Estate of EDITH A. CARMAN, Deceased to HERBERT V. CARMAN, JR., Individually and as Trustee of FLORA B. CARMAN and HERBERT V. CARMAN, JR. DEED DATED 9/11/1953 RECORDED 9/30/1953 LIBER 3587 PAGE 382 HERBERT V. CARMAN, JR., Individually DEED and as Trustee of FLORA B. CARMAN and DATED 10/28/1960 HERBERT V. CARMAN, JR. RECORDED 11/2/1960 to LIBER 4900 PAGE 234 EDWARD D. WIRTH EDWARD D. WIRTH died 2/4/1970 (197P1970) leaving MAE D. WIRTH, his wife as sole Devisee - MAE D. WIRTH died 7/29/1989 (1637P1989). CHEMICAL BANK OF NEW RUDOLPH H. BRUER, as Co -Executors of MAE to _ CATHERINE HARRISO0 CATHERINE HARRISON to JOHN L. HARRISON JOHN L. HARRISON to MARGUERITE FARRELL R. DENNIS UDE,, her YORK and DEED - DATED 7//1990 D. WIRTH RECORDED 9'/21/1900 LIBER 11140 PAGE 13 DEED DATED 4/22/1994 RECORDED 5/19/1994 LIBER 11677 PAGE 587 DEED DATED 1/29/1996 UDE RECORDED 2/5/1996 husband LIBER 11761 PAGE 150 LAST DEED OF SWORN TO BEFORE ME T14I S 20TH. DAY OF SEP EMBER, 1996 NOTARY PUBLIC RICHARD Sf AN6lfRON Notary F 4blic State of *w York j No 52-3775950 Suffolk County Corn ExPires March X. 19 RECORD PECONIC 3BSTRACT, INC. BY JEANNE ANSTETT ,(SFFIPE MANAGER i r., SUBJECT PREMISES 1000-070.00-05.00-037.000 EDITH A. CARMAN to WILLIAM T. HUTCHESON WILLIAM T. HUTCHESON to MAE D. WIRTH DEED DATED 9/23/1941 RECORDED 9/24/1941 LIBER 2190 PAGE 68 DEED DATED 12/17/1963 RECORDED 1/7/1964 LIBER 5478 PAGE 428 MAE D. WIRTH, Deceased 7/29/1989 (1637P1989) CHEMICAL BANK OF NEW YORK & RUDOLPH H. BRUER, as Co -Executors of MAE D. WIRTH to -- - - CATHERINE'HARRISON i CATHERINE HARRISON to CATHERINE HARRISON JOHN HARRISON CATHERINE HARRISON to CATHERINE HARRISON JOHN HARRISON DEED DATE'D� 7/9/1990 RECORD -g JZ1-/1�90 LIBER 11140 PAGE 25 DEED DATED 4/22/1994 RECORDED 5/19/1994 LIBER 11677 PAGE 586 CORRECTION DEED DATED 8/18/1994 RECORDED 9/12/1994 LIBER 11693 PAGE 419 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 20TH, DAY OF S TEMBER, 1996 NOTARY PUB I Kota RICHARD SPAh�gIIRO" rY Public State of *w y ! j Mo 52.3775950 Suffer Cou04 Com F.rpi�ys Mara 30. 19 PECt`ONICl1 ABSTR�CT, INC. \ C 'J.c-M-- i B Y � — -____. JEANNE ANSfPETT -OFFICE MANAGER QUcSTICUT(AIr E FOR FILING WITH YOUR Z.B.A. APPLICATIOU 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 sheiat may be attached_) John L. Harrison and Catherine Harrison i - B. Is the subject premises Listed on the real estate market for sale or being shown to prospective buyers? (x } Yes { } No. (11 Yes, case a ''=.=zry of "r_ond±-4 ^t,C" of Sale-) C. Are them any vroposals -tn mange -or a? -ter Land C===r;? [ } Yes { x} tic D. 1. tyre there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the mav_ submitt=_d with this avvlication? 3. Is the proper-L—r buLkheaded between the wetlands area and , the upland building area? no. 4. If your properL-r contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its deter-mination of jurisdiction3 no E. Is' there a depression or sloping elevation near the area of proposed constzuct_icn at or below five feet above mean sea level? . n/a- (If not applicable, state "Ii -A_") F. Are these any patios, concrete barriers, .bn.L:heads or f encs which exist and are not shown on the sur-re�r map that _you are. submitting? none IF none exist, please state "none_" G_ Do you have any construction takinq place at this time concerning your premises?• no If ves, please suhmit.a copy of your building permit and map as approved by the Building Department. Ifnone, please state - H. Do you or any co-owner also own other land close to this parcel3 -yes IF ves, please exvlain where or submit coo_ies of deeds- I. eeds_I. Please list present use or operations conducted at t`-t'.s parcel residential and Proposed use residential /o -; AuC:Or1.22d SWnac! _'.r_' and Dac2 Patricia C. Moore Esq, 'JO W\P C)"F F11''C-'PE2-T'-v/ 41 111,J U Cil_ 49/� R. 0 /10 b this survey urn CM;jn 7208 of the Now WOONI at - U =tion Law. Cz•:ieq o`. !his survey map not bearing t.c, land surveyors Inked seal or ambe6sed seal shall not be considersO to Le a valid true copy. QuD, ar-does indicated hereon shaA r: - oriy to the person for w1hom the StArvay It rrepared, and on his behalf to tho t.lis company,, governmental agarry aft landing ixt;tutloi LSILA heroor, and 1C t) S C;tho lonamg inGti- o nct transfam),ir to Z -1i I or OW.Urs rl 4 U -'U'L 2 Tf- 0 P! 0 LAND