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Home My WebLink About4508Aq rroAl-leQ- � dCJ 17 r , 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 REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4508 - JOSEPH MELLY PARCEL 1000-104-2-24 STREET & LOCALITY: 1375 (and 1475) Sterling Road, Cutchogue DATE OF PUBLIC HEARING: September 25, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate at the corner of the east side of Horton Road and north side of Sterling Road. The land in question for this waiver consists of a total area of approximately 13,500 sq. ft., and the survey dated February 5, 1970 prepared by Robert A. Kart, Land Surveyor, confirms a road frontage of 159.23 feet along Horton Road (a paper street) and 70 feet along Sterling Road. Although this lot is shown on the Map of Nassau Farms filed March 28, 1935 - Map No. 1179, consisting of a part of Lot 52, part of 51 and part of 50, the metes and bounds of this lot to be waived in this application does not follow the same exact original lines created on the Nassau Farms' subdivision map. The lot as exists today (deed dated 12/27/96 containing a metes and bounds description filed at Liber 11809 p. 561) matches the metes and bounds description created by 1967 and 1970 deeds, submitted by applicant's attorney dated February 6, 1967 at Liber 6114 p. 267. This Lot #24 is vacant and has been maintained by owner as a separate lot for future use. The adjoining land area (lot #23) which has been deemed merged with this CTM lot #24). Lot #23 is improved with a single-family dwelling and consists of a land area of 17,424 sq. ft., lot width of 116.16 feet along Sterling Road, and lot depth of 150 feet (ref: survey dated October 26, 1959 prepared by Otto W. VanTuyl, Land Surveyor. CTM Lot #24 shows that it also consists of part of Lot 52, part of Lot 51, and part of Lot 50 from the Map of Nassau Farms. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 24, 1997 which reads as follows: "...under Article III, 100-25 Merger, a non -conforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. Lot 104-02-24 has merged with lot 104-2-23. Action required by Zoning Board of Appeals...." Page 2 - October 9, 1997 Appl. #4508: 1000-104-2-24 (J. Melly) Southold Town Board of Appeals RELIEFRE UESTED BY APPLICANT• Request to un -merge with approval of a Waiver under Article II, Section 100-26 based on the original lot lines for lot identified on the current County Tax Maps as Lot 24, District 1000, Section 104, Block 2. Applicant has submitted proof of lot creation by metes and bounds description (deed) dated February 6, 1967 recorded at Liber 6114 p. 267. REASONS FOR BOARD ACTION DESCRIBED BELOW: The adjoining northerly CTM Lot 7.5 is improved with a single-family dwelling on 1.4 acres, or more of land area. The adjoining easterly CTM Lot 22 is improved with a single-family dwelling constructed about 1988, and is not merged with Lot #24 or #22 having been in separate names (Longo, Riedel, Dempsey, Schuster). 1. The waiver will not result in a significant increase in the density of the neighborhood because the adjoining lot is already improved with a single-family dwelling, which will allow this corner lot to be improved with not more than one dwelling unit. 2. The waiver will recognize a lot that is consistent with and exceeds the size of lots in the neighborhood because other lots along Sterling Road consist of the same general size and similar layout, and also created by deed (rather than mapped lot lines filed with the County). 3. The waiver will recognize the exterior dimensions of the original 1966 deeded lot lines. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the Waiver, as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. This resolution was duly adopted (3-0). (Member Doyen of Fishers Island was abse ,.-G ERAYD P. GOEHRI G RMAN___ Adopted October 9, 199 REC'EIVii,) '2 . �.1 FI ED BY THE Actions. all/ 104-2-24 O�;_`�. D 1�/Vdld CLERK DATE%�f� is �6 Town Cler' "/i =_ outhold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann E J BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 25, 1997 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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, SEPTEMBER 25, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.rn. Appl. No. #4506 - Application by Lillian J. Mulligan Estate. This is a request for a Variance under Article IIIA, Section 100-30A.3, based upon the August 5, 1997 Notice of Disapproval issued by the Building Inspector regarding "as built" deck addition, disapproved on the following grounds: "the deck addition "as built" will exceed the maximum allowable lot coverage of 20 percent, or 1500 square feet. The deck addition will increase the lot coverage to 1635 sq. ft. or approximately 21.75 percent." Location of Property: 210 Third St.; Laurel, NY; Parcel TD No. 1000-126-7-11. Also known as Lot #72 on the Map of George I. Tuthill. 6:50 p.m. Appl. #4508.JD - Joseph Melly This is a request for a Waiver under Article Il, Section 100-26 based upon the July 24, 1997 Nol ice of Disapproval by the Building inspector issued on the following grounds: "...a non -conforming lot shall merge with an adjacent �.a l Page - Legal Not% Southold Town Board of Appeals Regular Meeting of September 25, 1997 conforming or non -conforming lot which has bee held in common ownership with the first lot at any time after July 1, 1983. Lot 104-02-24 has merged with 104-02-23...." Location of Property: 1375 & 1475 Sterling Road, Cutchogue, NY; Parcel #1000-104-02-24 & 23. 7:00 p.m. Appl. 44501 - E. Nagy. (Continued from first hearing held 8/28/97). Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: (1) under Article Il, Section 100-24A.(1) land area identified as 1.000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article Il, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 &. 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.51 lot width as to 1000-2'1-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width.) 7:10 p.m. Appl. 44492 - W. Klein. (Continued from 8/14/97). This application is based upon the Building Inspector's NIay 28, 1997 Action of Disapproval, for building permits in the "as built" construe - tion of accessory garage In an area other than the required rear yard and deck addition with an iiisiiffieient front yard setback from private right-of-way (easterly property line) and excessive lot coverage, at 3235 Page 3 - Legal Note Southold Town Board of Appeals Regular Meeting of September 25, 1997 Mauhanset Avenue, Greenport, NY; 1000-43-1-8. Zone: R-40. Property size: 6821 sq. ft. 7:25 p.m. Appl. #4509.LT - Tonyes Realty Corp. d/b/a Southold Automotive Corp. This is an application requesting a Variance based upon the August 13, 1997 Notice of Disapproval of the Building Inspector in which applicant has applied for a permit to construct addition, an alteration to existing gasoline station, which application was disapproved for the following reasons: "...under Article XXIV, Section 100-243A, a nonconforming building with a nonconforming use shall not be. enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear card...."' Location of Property: 54360 Main Road, Southold, NY; County Parcel ID #1000-61-4-23. 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. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: September 12, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman Bv Linda Kowalski FORM NO. 3 I 1 TJ SIS" TOWN OF SOUTHOLD � 2 BUILDING DEPARTMENT SOOTHOLD, N -Y. _ NOTICE OF DISAPPROVAL DATE: July. 24, 1997 To XWJ ap< C,., Goggins AJA Y42t ly ...... _ .... _ P0 Bog 65 .............................. Mattituck NY 11952 PLEASE TAKE NOTICE that your application dated ....Jupe_6tp........ 19.9!... for permit to Determination of 2tergez Location of Property ...1375 „ .............. Sterling .............. Cutchogue House No. Street Hamlet County Tag Map No. 1000 - Section AQk ....... BLOCK .. AZ ...... LOT .. 24......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds According to Article --III Chapt. 100.25 Me%e3r. a non-canforming lot shall merge with an adjacent ....4................................................................... conforming or non -conforming lot which has been held in common ownership with ........................................ the .first lot at any time after July 1; 1983: Lot 104-02-24 has merged with •................ lot 104-02-23. Action required by Zoning Board of Appeals. .................................._..._........................... ................ B s DIN. INSPECTOR RV 1/80 ., FORM NO. i TOWN OF SOUTIIOLD BUILOIN€, BEPARTTIENT TO14N NAIL SOUTHOLD, N -Y- 11971 TEL: 765-1802 F.:, niued.................. I=3.... AlImmil........ ...... 19.... Permit No . ................ Dirainuroved a/c .................................. CINUC1N4,1 •."... (Building Inspector) w JV11 71 �, Irl'( t APPLICATION FOR BUILDING PERMIT s _ _11111 1NS'1'RUC'rI ONS B( /' )I of HEALTH ..... . ........ . 7 SPA OF PLANS ............... SURVEY ........................ CHECK ......................... sKP'rlc FORM ................... NOTIFY: CALF . .................. MALI. TO :.................... Date.JUNE x......_-1997. a. 'Sthis applicatiou meat be canpletely filled in try typecariter or in ink and s8amitled to the Building Inslmcl.nr Faith 3 sets of plana, accurate Plot plan to scale. Fee according to schedule. b- Piot plan srcwing 10--atior of lot and of buildings on premisies, relationship to adjoining prmnises or gnnblic ;L reefs or areas, and giving a detailed description of layout of. property mist be. drniva on the diagrmF wlFioh is part: of :IFnS apyrll Cat]nAl. c_ The work covered by this application Play not be cnmrerccd lx fore issuance of Building Permit. d. illxun agrlmrval of: Lbis application, the Building Inspector will issue a Building Permit to the applicant:. such zermit shall bo kept on thepremises available for inspection throtiFlxwt the work. e. No building shall be occupied or used in slhole or in part for any purpose whatever until a t:ertifical:e or tr_corancy scall llmre been granted by tine EuiIdiurg; Inspector. AFFLICMI(Ri IS 191Ei3Y lVj)F` to the Building Ueportnent for the issuance of: a Building Permit pursuant to the knilding Zorue. Ordinance of the Town OF Southold, Suffolk County, Neva York, aril other applicable Laws, Ordinances or tegulations, for tine co:struiction of luildi.ngs, additions or alterations, or for remnval or clenrul.ition, as herein Iescrib d. The applicant agrees to crn+pl.y kith all, applicable laws, ordinances, building code, housing code, and -cgu➢.aliens, aril to aclnitauthorr7.ed inspectors On prranises aril in2�. cesnspectirnrs C of appPpl_i�lorifacorporation) TERLING P.dAD F, NEW YOR11935.......................................... (Mailing address of applicant) ;tate whether applicant is o, -her, lersc:e, agent, architect, engirmer, general contractor, electrician, pltmber or Inuilder. OWNER ............................................................................................................. rize of caoee of l:rmmiacs .JOSEPH J . MELLY..................................................................... (as on tine tax roll or latest deed) ap-pl icant is a corporation, signatnrc of duly ;ntrlor;7sd officer. ........................................................ (R-rio and title of ccrporate officer) Builders License Mi. . Plu+bera.License No . ......................... Electricians License No . ..................... Other Traale's License No ..................... 1. Location of Land on which proposed dark willhe ckre................:............................................. 1475 STERLING ROAD, CUTCHOGUE ............................... ................... ................................................. lkrrse l..siter Street I19nl.et Coiinq Tax lbp hb. iR30 Section ..104.......... Block .... .......... Lot 24......... Subdivision ...MAP.OF..NASSAU........ Filed PL•up No. FARMS 1119 ...... .._. Lot ............... ........................ (Nnille) State existing use and occupancy of premises and intended use and occupancy of proposed construction: MERGED ADJOINING PROPERTIES a. Existing use and occupancy............................................,...................r :`..... UNMERGED ADJOINING PROPERTIES b. Intended use and occupancy............................................................. Y, 6 � J 3.� NrWrc of w0tk (dte(k wlriCh applicable): R -w Ihtilding .......... Alklition .......... Alteration .......... ,' ltrrlmir ............ licnpvdl IknnliLirxt ............ Other IJork .. ............. ..................... (Reser ipt ion) 4. tilt invited Cost; ....N A ................. fee ............ ..6........................... (1't) )re lurid on filing this application) 5. if rhodlinS, randier of rhaailing units ONE .... _._ lhniter of dw0ling units on each floor ................ Ifgarage, nudwr of cars ... NONE ............................ 6. If hosioess, coarercini or mixed o culramy, sliecify n:+Lure and extent. of each ly!lre of Una ..................... SEE PROPERTY CARD ATTACHED 7. Dinensirxr of exist ing; stnxaures, if- any: Front ................ Rear ............... l3epth ............. lkeig;ht 14n4tsr of Stories . ONE ................ Dinensicxis of sine stnIDl:ure with all arat hitis or mlditirnts: Prost ....... ..... ..::EInaY .......... ... .. Depth .................... Ikiow .. .. .. .. .. .... Knixer of Motion 8. Dinrinsious of entire new countructio": Front ...N.J,A Rear ............... lkpth .............. llaiejil: ......................... Umber of Stories ...................... 9. Size of Int:: Frrxtt .................... Rear Ikepth ....... 1o. finite of An-chas. ..................... R-71 a of Forner Slater ........................................ I]. 1xine or ase district in ultich premises are situarml........................................................... 12. Ihx�n proltonNi crnrst:nu:Licht violate any vrnriog It", or(linnce or r�ujwlation: ........................ 11- Will lot: he regraded .................... Willexcess fill he Tenvi ed fron pranises: Ylis ti) 14. MiIvs of OLAwr of premises ........- ... .,.... .-. hi lress .... ................ ... --- — -. Hiona No. Untie! of Ardi tett.................................... Mhh can ............................-. f5tnar_ Pkr. ........ R-xrx! of Gmtracfor................................... NhIress ............................... ll Kx a Alar. ..--.... 15. Is chis plofert.y within 31%) feet: of a tidal V.Vl lrnxl? * YF.S .......... R) ... Alp ytiS, swi1ull) -R M-I1ttIS11a;s fluNI'1' hNy Ix? [il?Ap111Ui11- PLOT DfAGRAM InCifte clearly and distinctly all buildings, u4telher existing or prolx:sed, and itxiicat:e all set:-Ix-xrk dhmansions frrnn prolrerty dries. Give street and block randier or description according to deed,. and slxya street nave -s arwl ir4icate whelber interior or Corner lot:. 1. Unmerged lots 1000-104.00-02.00--024.000 and 1000-104.00--02.00-023.000 2. Seeking a Notice of Determination of Merger Suffolk Joseph J. Melly Ix•in; did ..........:........................... g y :worn, delioner mal stays that: he in the Myllonit (fdaixa of infividcml. signing; Contract) nixive natKA, tin; i=: the. __,.owner of said premises ........................................................................... Fx�axxaa<I�alt�t?��It,Isx�x�Iex)ex�t�i��c�c. ) X�3C7>:Hit15:r �3irXr&'lrY• yo };, arxl is duly authorizetl to Ixrform or Itave, tmrhn1W t the said tank vml to milui n;xi FilU 110s a;rpt it:rt ion; that till stnteueots crnuairxsl in tris application are tine to the Isr':a of his knyAcaige acd belief; n3KI (hat: the An k wilf be lerfourel is the utaner sett furlh in the applient -inn filed therewith. .`)ac)Tn tie jrafore an tiffof s .....da .... ...... ....1 . ........ . Jung c 97 Rotary fold is .. .... ................ 21�� &0y y t� igVol I of n yjrl iQn'V J JOSE H 0 MELD REC MP�k !CATION FOR WAIVER UNDER S��ION 1 AUG 1 199'7 4 e AUG 1 51997 his i@,�� for lots which have separate deeds recorded pridr fo 01W 0 `fi�tNizad. a H.� ho cn icc'.oH the Town Building Inspector`(copy attached). The zoning of my parcel is presently: residential R-40 The size requirement for this zone is: square feet per parcel. County Tax Map Parcel Nos: 1000 104 _ 2 _ 24 and 23 I (we), Joseph J. Melly I as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II,. Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bili for both (all) lots. Z. Copies of deeds dated prior to June 30, 1983 fox all lots. J. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. WI C.GOGGINS / Notary New York p p l i a t a Ow r) in Suffolk County Expires No. 4963689March 12, / — oilcan! and Owner) MotarPlublic A Waiver is hereby approved denied based upon the above documentation. Issued by Reasons for application(to continue on next page). (delete appropriate action) Issued by Reasons for application(to continue on next page). �o160bi9PERTY9 TC- fN O�FIOUTHOIR ' �RECORD CARD = i'ot��.2-�2 r OWNER STREET VILLAGE DISTRICT SUB. LOTpr/- 6:f-1 man Lo o 1 ano. FORMER OWN fey ��, Aad N v �o v E = ACREAGE rsaU 1C 1) /% (%2m j152c� 5C US—� Sys r oan W q' �i�, /Vj"�"�! TYPE OF BUILDING RES. a /� SEAS. VL 9 FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS +r T2s r .a /f -et 3YS Ts a L,ZGA.dr. M11 hxI so,r ?"lo, -co R. Sr#uST= 7o M. j /�re-d1e/ 7e6 3r�a�d CAiVqZrT;F, Pp 3 o7 0/ on 54156 aCY"ac 4��> 1-d � t7 "'t�; l �"` � �'i D'f-7 L'tNS/i 7)CH ttW, lir C»'C;J�� t-• AGE BUILDING CONDITION/ $g _ ' 3 / - Lz7 D -l$ (}DZ7 NEW NORMAL BELOW ABOVE i FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD ®a / Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Ind7y Woodland#5t 1 Swampland Brustpnd� House Plot _ Total of le�-,.,) r M. Bldg/ Foundation f? G, Both Extensio 7 54 S- Basement 7ZL Floorsa Extension Ext. WallsInterior Finish Extension Fire Place Heat Porch Porch Roof Type Rooms 1st Floor Breezeway PatioRooms 2nd Floor Garage Driveway Dormer es F.iE"{t(1�H�:/A/Y�•�1Mn.y✓ .�. .... 54 %1��3gii� �S�fiFn%..�FF --":.� ..,�.. ,. ...._ .., ..._ _. ..�• M4h,�.�.� /d'on �/at�•�? -a3 `DOWN OF SOUTHOLL) PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT LAND IMP. TOTAL ( REMARKS FORM R OWNER —� NIV, p 1 �. 6 m E ACREAGE �fn9 ,i� 1 /� Sffer/iii a /Iona/ W J. a. M,4Lty TYPE OF BUILDING IND. (CB. I MISC. FRONTAGE ON WATER �'coa4, Mkt. Value FRONTAGE ON ROAD llf�j�.�� /7lew�it;a /1 Qa Q/cG e �jZ BULKHEAD DOCK —tri .l iC I�YJ F'i SEAS. VL FARM_ COMM. LAND IMP. TOTAL DATE REMARKS 0 / ��s/ 7.. — twAGE �jlcfpG / BUIDING C�NDITI N nT NEW NORMAL BELOW ABOVE ' Farm Acre Value Per Acre Value 4 '1'lllable 1 ' r vsr illable 2 l able 3 �v Kf{. oodland amQ an IJw>.'WuxLa'f.+ -0Y ArUr. L 1-).1 Yh 1R S land i IS�i v 4 f5 fl, 'n i IND. (CB. I MISC. FRONTAGE ON WATER �'coa4, Mkt. Value FRONTAGE ON ROAD llf�j�.�� /7lew�it;a /1 Qa Q/cG e �jZ BULKHEAD DOCK —tri .l iC I�YJ F'i _ _ _.:�.i if ��'� 1 NAM{lt �� V 1 z±N w7 i 4�ixi a„ o,� "Pa e'•ti�ro ` yt& N. 85°46=E WARREN STERLING ,23,41' S. 85'46' iY STERLING ROAD S-232928 i 'SURVEY FOR REFERENCE: .;" MAPOFNASSAFAR JOSEPH J. a MA RJORIE A. ME Lei FILED MAR. 28,1 935 MSMAP NO. 1179 tl AT PECON C 'TOWN OF SOUTHOLD GUARANTEED TO: I F :$,6FF(? 3( COUNTY N.Y. INTER- .y. ` + JOSEPH J. B MARJORIE A. MELLY -- > I SCALE! !"= 30` ;FEB. S, 1970 LArNO SURVEYOR-.- `., APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1997 William Goggins, Esq. P.O. Box 65 11775 Main Road Mattituck, NY 11952 Re: Lot Waiver - Joseph J. Melly Dear Mr. Goggins: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the board's decision, adopted at our October 9, 1997 Regular Meeting. 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 building permit application file (which started the process) and is incomplete pending submission of building plans and other information to be confirmed by the Building Department. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora ss� CSG o two �a ' o 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 REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4508 - JOSEPH MELLY PARCEL 1000-104-2-24 STREET & LOCALITY: 1375 (and 1475) Sterling Road, Cutchogue DATE OF PUBLIC HEARING: September 25, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property' is located in an R-40 Low -Density Residential Zone District, being situate at the corner of the east side of Horton Road and north side of Sterling Road. The land in question for this waiver consists of a total area of approximately 13,500 sq. ft., and the survey dated February 5, 1970 prepared by Robert A. kart, Land Surveyor, confirms a road frontage of 159.23 feet along Horton Road (a paper street) and 70 feet along Sterling Road. Although this lot is shown on the Map of Nassau Farms filed March 28, 1935 - Map No. 1179, consisting of a part of Lot 52, part of 51 and part of 50, the metes and bounds of this lot to be waived in this application does not follow the same exact original lines created on the Nassau Farms' subdivision map. . The lot as exists today (deed dated 12/27/96 containing a metes and bounds description filed at Liber 11809 p. 561) matches the metes and bounds description created by 1967 and 1970 deeds, submitted by applicant's attorney dated February 6, 1967 at Liber 6114 p. 267. This Lot #24 is vacant and has been maintained by owner as a separate lot for future use. The adjoining land area (lot #23) which has been deemed merged with this CTM lot #24) . Lot #23 is improved with a single-family dwelling and consists of a land area of 17,424 sq. ft., lot width of 116.16 feet along Sterling Road, and lot depth of 150 feet (ref: survey- dated October 26, 1959 prepared by Otto W. VanTuyl, Land Surveyor. CTM Lot #24 shows that it also consists of part of Lot 52, part of Lot 51, and part of Lot 50 from the Map of Nassau Farms. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 24, 1997 which reads as follows: "...under Article III, 100-25 Merger, a non -conforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. Lot 104-02-24 has merged with lot 104-2-23. Action required by Zoning Board of Appeals...." Page 2 - October 9, 1997 Appl. #4508: 1000-104-2-24 (J. Melly) Southold Town Board of Appeals RELIEF REQUESTED BY APPLICANT: Request to un -merge with approval of a Waiver under Article II, Section 100-26 based on the original lot lines for lot identified on the current County Tax Maps as Lot 24, District 1000, Section 104, Block 2. Applicant has submitted proof of lot creation by metes and bounds description (deed) dated February 6, 1967 recorded at Liber 6114 p. 267. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The adjoining northerly CTM Lot 7.5 is improved with a single-family dwelling on 1.4 acres, or more of land area. The adjoining easterly CTM Lot 22 is improved with a single-family dwelling constructed about 1988, and is not merged with Lot #24 or #22 having been in separate names (Longo, Riedel, Dempsey, Schuster) . 1. The waiver will not result in a significant increase in the density of the neighborhood because the adjoining lot is already improved with a single-family dwelling, which will allow this corner lot to be improved with not more than one dwelling unit. 2. The waiver will recognize a lot that is consistent with and exceeds the size of lots in the neighborhood because other lots along Sterling Road consist of the same general size and similar layout, and also created by deed (rather than mapped lot lines filed with the County) . 3. The waiver will recognize the exterior dimensions of the original 1966 deeded lot lines. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. RESOLUTION/ ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the Waiver, as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. This resolution was duly adopted (3-0) . (Member Doven of Fishers Island wasabsen �G RA D P. GOEHRINGER, C AIRMAN � Adopted October 9, 1997 XxxxxxM�;�xxxx ;��x��x� Actions. all/ 104-2-24 3- r i OCT October 8, 1997 /ol1 mu�df WILLIAM C. GOGGINS ATTORNEYANU COTTNS'ELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone (516) 298-4200 Fax (516) 298-4214 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski Re: Joseph J. Melly Premises: 1475 Sterling Road, Cutchogue, New York Application for Waiver under section 100-26; SCTM No.: 1000-104.00-02.00-024.000 and 1000404.00-02.00-023.00 Dear Ms. Kowalski: WILLIAM C GOGGINS Attomey at Law DONNA M. PALMER Paralegal ' Enclosed please find copies of several maps, in connection with the above referenced matter. If you have any questions, please do not hesitate to contact the undersigned. 9Very y yours, C L. C. G GINS WCG/dmp enclosure I Page 5 - Transcript of Hearings September 25, 1997 - Board of Appeals ZBA PUBLIC HEARING HELD SEPTEMBER 25, 1997: 6:55 P.M. - Appl . No. 4508 -JOSEPH MELLY CHAIRMAN GOEHRINGER :. (Read legal notice) . I have a copy of the survey indicating this particular piece of property, let's get the double (map). That's the map. BOARD SECRETARY: With the waiver vacant lot on it. CHAIRMAN: Yes. The house lot being 50 & 51 and part of 52, right, and basically the same situation as the other. And I was just looking for the square footage on the lot they're requesting. BOARD SECRETARY: We'll have to ask for that. It isn't on there. CHAIRMAN: Or the Assessors Card. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Goggins how are you tonight, Sir? WILLIAM GOGGINS, ESQ.: Good, Sir, how are you? CHAIRMAN GOEHRINGER : Good. Could you just state your name for the record please. WILLIAM GOGGINS: William Goggins, 11775 Main Road, Mattituck, N.Y. I'm here on behalf of Joseph Melly ( ) . I know the Board asked for a single and separate search. I didn't get it until 5:00 o'clock this evening, and so I'd like to pass it on to the Board right now. I've made copies of this and have an original. I give the original to the Clerk. (Copies distributed by Mr. Goggins.) MR . GOGGINS: I guess the first issue we should talk about is lot creation. If you look at the single and separate search, lot 23 which is where the house is located, it was owned by a man named Wiegand - and he sold to Jeffries on September 20, 1947, so it would be lot 23. Mr. Wiegand also owned lot 24 and sold it to a man named Carlson August 27, 1941, so, it's apparent that these two lots were created prior to the Zoning in Southold Town. Additionally, I have all the deeds for these two properties before you. Mr. Mellyand his wife had purchased the house that's lot 23 on October 19, 1969. Then, he and his wife purchased the adjacent lot on March 4, 1970. When Mr. Mellyand his wife purchased that lot in 1970, they conformed to the building requirements in Southold. In fact, it was represented and in fact it was a buildable lot at that time. I know the Board is aware of that between the time ( ) came to town, so, November 23, 1971 when you really needed 12,500 square feet on a buildable lot. So, I submit to the Board that as far as lot creation, it appears that the lot was the right amount of square footage that's needed. With respect to our application, Mr. Mellypurchased these lots separately as stated before, Page 6 - Transcript of Hearings September 25, 1997 - Board of Appeals he's always gotten two tax bills for the two separate parcels. And I know they brought the tax bills with them here today, and submitted. The current tax bill for the vacant land is $335 a year. I spoke to the Chairman of the Board of Assessors today, he informed me, that upon the assumption that the lot is buildable as other vacant lots in that area. CHAIRMAN GOEHRINGER : What did you say the assessment was? MR. GOGGINS: $335 is the amount of taxes to be paid. I don't know what the exact assessment was. CHAIRMAN: I'll tell you. I have it here. MR. GOGGINS: Mr. Mellyis here to testify. They've had several conversations with Curtis Horton over the years who was a former Building Inspector in Town. He always let Mr. Melly know that the lot was always buildable and he wouldn't have any problems and in fact, at some point Mr. Horton had offered to purchase this property in the sum of $75,000. In addition, Mr. Melly will also testify that he had purchased this lot for several reasons. One as an investment. Two, possibly to leave it to his handicapped son. He has had several children, one son is handicapped, and he always felt that the one handicapped child would need the extra push and he purchased the lot for that reason also. The third reason of course is to give him more living space to expand on the adjacent lot. I know the Board is familiar with the neighborhood and all these lots in this neighborhood are approximately the same size. Most of. them do have houses on them. The contour of the land is flat and we don't need to require any alteration of the contour of the land to work to build a house structure and obviously avoid any economic hardship that would be visited upon Mr. Mellyif he wasn't allowed to a single and separate ownership of these lots. Moreover, other people in the same area who have made applications to this Board had been successful. The original map came out in 1935 when it was filed with the County and once such applicant was approved to build - who also owned one of the lots that were emanated from the Map of Nassau Farms, and she successfully received approval from the Board for a lot separation and it was based really upon the same fact or circumstances that Mr. Melly has today. He always though it was separate , they were always separate tax map bills; and the only real little difference between Kilduff and Melly is the fact that the Kilduffs bought the property at the same time Mr. Melly purchased these properties ( ) And also another applicant named Barbara Kelly had also made application and had similar facts as Mr. Melly. If you would like Mr. Melly to testify to some of these facts and assertionsthat I've made, Mr. Melly is willing to answer any questions of the Board. CHAIRMAN GOEHRINGER: I don't know. How does the Board feel about that? (No repsonse.) Jim? Page 7 - Transcript of Hearings September 25, 1997 - Board of Appeals MEMBER DINIZIO: I don't mind if he wants to answer questions. CHAIRMAN GOEHRINGER: Maureen? MEMBER OSTERMANN: Fine. CHAIRMAN GOEHRINGER: OK. MR. GOGGINS: Would you like to swear him in? CHAIRMAN GOEHRINGER: Surely. ADMINISTRATION OF OATH: Would you raise your right hand, Mr. Melly. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? MR.. MELLY: Yes. MR. GOGGINS: Mr. Melly, you purchased these lots that are on this tax map, the lot and the house? MR. MELLY:. Nodded yes. MR. GOGGINS: Would you tell the Board why you purchased the lot that is next to the house you still live in? MR. MELLY: Well, we did purchase it for an investment for many purposes. Also for my son who is disabled has a regressive disease. (inaudible - voice very low.) MR.. GOGGINS: Mr. Melly, .what kind of economic 'hardship would the merging of these two parcels have upon you? MR. MELLY: For several reasons. One, we bought it for an investment possibility because (static) ... -and that wouldn't give us much room if he stayed, and to my sons - it would mean everything because we (inaudible) . MR. GOGGINS: Actually, I would like to bring your attention back to when 'you purchased the lot in March 4, 1970. Did you have any conversations with your then attorney at that time about purchasing the lot? MR. MELLY: Certainly. MR. GOGGINS: And did you have any complications with respect to him and proposed buildability of that lot? 1MR. MELLY: Yes, I was told it was buildable. 1°IR . GOGGINS: If it wasn't buildable would you have purchased the lot? Page 8 - Transcript of Hearings September 25, 1997 - Board of Appeals MR. MELLY : No. MR. GOGGINS: In fact, you've told me in conversations that you've spoken to Curtis Horton over the years and what were the extent of the conversations you had with Mr. Horton? MR. MELLY : Well, I had was the relation to the (inaudible - his voice was very low and too much static on tape) . MR. GOGGINS: I don't think you really have to get into that. Do you have anything else you want to say to the Board regarding this applica- tion that you have? MR. MELLY : Yes, I never thought this lot could be merged. I don't think this law regarding property should be retroactive. As far as I'm concern it's without any adjustment by the town for the value of the lot, or for any approvements I might have made to it. I think that that's not the way - it's not justified. I think it's taking away a person's rights, his God-given rights because I consider the lot and the land as my and that holds me to it that the lot can't be built. I've never received a written notice of the merger, or anything about that. I've never received any notice that we could appeal. I know that there was a notice in the paper, they tell me, but unless you get the local paper and read it, we would get no notice. We just don't get it. Up till about two years ago I was a summer resident. We spent 40 years here as a summer resident. For 38 years I've been an owner - I say, 40 years because I rented for two years before we bought. ( ), . I could afford. I have six children: three boys and three girls. We've all spent our entire summers there with their mother. Ideally, I ( ) Every summer, all my children are out there. I've got nine grandchildren now and there out and really it really shocks me to think that we could have put this thing h1 his name or my name, jointly, a year or two ago, and it would be all OK. But now it's not. I know many people did that and it bothers me that just because we didn't know about it, we couldn't build on it. So, I put it in his name now, gave the 10% interest there and I intend to do that periodically, yearly if I can, and the reason I couldn't do it all at once is that I don't want to be taxed on it, because if I give it as a gift over $10,000 it could be taxable, so, that's where I stand. MR. GOGGINS: That's correct. Thank you, Mr. Melly. Mr. Melly had came into my office in order to do some estate planning. He wanted to transfer the lot to his son, and I told him about the gift tax consequences for the same. So I'll give 10o every year and that's when we spoke about this procedure and the fact that the lots might be merged. So since Mr. Melly took ownership last year in December, at the time the report will indicate, we did transfer a deed at ten (10) percent interest through this office. CHAIRMAN GOEHRINGER: What was the date of death of his wife? Page 9 - Transcript of Hearings September 25, 1997 - Board of. Appeals MR. Melly: My wife? CHAIRMAN GOEHRINGER: Yes. MR. MELLY : July in 1982, on May 3rd. After years of trauma. CHAIRMAN GOEHRINGER: Sorry to hear that. The other question is the Joseph M. Melly, you're referring to. How old is he, Sir? That may be an unfair question but - MR. MELLY: He was born in 1952. CHAIRMAN GOEHRINGER: Thank you. MR. MELLY : And he just married three years ago. CHAIRMAN GOEHRINGER: Thank you. OK, we'll start with Mrs. Tor- tora. MEMBER TORTORA: What was the size the square footage of the lot? MR . GOGGINS : I have the square footage calculated at 15,475 feet. I didn't do the calculation myself. I don't know how to do it so (jokingly) . MEMBER TORTORA: It's an odd -shaped parcel. MR. GOGGINS : Yes. So I called the Assessor's office, they spoke to Donald I guess who works there. He determined that it was 15,475 feet. So, I can't attest to that, that's based upon his knowledge and that's what he stated. CHAIRMAN: What do you have (to board secretary) . BOARD SECRETARY KOWALSKI : We came up with about 13,500, 13,700 so, it might be a little bit less. There might be a variable there right? MR. GOGGINS : Yes. BOARD SECRETARY KOWALSKI: OK. You can't come up with more land if it's not there, so we should put that in. MEMBER TORTORA: And the total square footage of the parcel that's merged? MR. GOGGINS: As merged. That's a good question. I don't know. MEMBER TORTORA: Willyou get that for us. MR. GOGGINS : Yes, I will submit it to the Board. Page 10 - Transcript of Hearings September 25, 1997 - Board of Appeals MEMBER TORTORA: Mr. Goggins, you had mentioned that you had spoken with the Chairman of the Assessors and he had said that the assessment of this property was based on a buildable lot? MR. GOGGINS : That's correct. MEMBER TORTORA: Would you give us an affidavit to that effect? MR. GOGGINS : Yes. MEMBER TORTORA: Thank you. You also mentioned that the lots in the area were all similar in size to this lot. Do you have any kind of - which is one of the things that you've done in the past - any kind of a survey of the lots in that block that would give us something to base that statement on? MR. GOGGINS: I have a map album. I've also made a copy of the Suffolk County Tax Map - I can get these to the Board Members, and in it what I did note in blue outline lots of Kilduff, and then on the bottom I've grayed in an area which are for the lots that are lots of Mrs. Kelly. MR. MELLY: Mr. Senko lot is there too, Mr. Chairman, which was also another - CHAIRMAN GOEHRINGER: Yes, that's right. We had that a couple of years ago Mr. Melly. That's almost directly across the street from you. MEMBER TORTORA: For your benefit, there was another in that same area - another application reviewed by this Board. I don't remember i what the name was. Do you remember? CHAIRMAN: Yes. It's this one right here. BOARD SECRETARY: It's noted on the file, on the lefthand side. CHAIRMAN: Senko . Yes. That's what he just said . Mr. Melly just said. What we were looking for I think, or what Mrs. Tortora was looking for, was the update of what's built on and what's not built on and what exists in - MEMBER TORTORA: What's merged. CHAIRMAN GOEHRINGER: Well, I'm not sure that Mr. Goggins can tell us what's merged and what's not merged. MR. GOGGINS : I'm not even sure, it's probably about $20,000 to get surveys for all the lots in that area. The only thing I could do is, the only information we could get would be from the County Center would have the tax map and also the original Subdivision Map from 1935 - which I have here too if you want a copy of that? Page 11 - Transcript of Hearings September 25, 1997 - Board of Appeals MEMBER TORTORA: In the past, in fact the Assessors may have that information on file. Actually, they may have it on file_ from Kelly and Kilduff because they were helpful in providing their information. But, I don't think that you have to go through any expense. You may just as well ( ) . I don't know if you still have a copy of that. CHAIRMAN GOEHRINGER: We have a copy of Kelly's. That was only last year. MEMBER TORTORA: If we have it on file. BOARD SECRETARY KOWALSKI: It's in the File. CHAIRMAN GOEHRINGER: We have the file. If you just update that for us, we'd be greatly appreciative. Kelly's. MR. GOGGINS: You mean how it's been split? CHAIRMAN GOEHRINGER: No. What happened was Mrs. Kelly took everything in Block 4, bounded by Bay Avenue to Pine Tree Road; I mean this is just off the top of my head, and everything bounded in Block 2 and in Block 1, and indicated what was vacant, what was improved; and if they were in common ownership to each other, if they were vacant, to next one improvement and so on and so forth, which gave us the idea of percentage of what was improved and merged as opposed to what was improved in single and separate and so on and so forth. Give us a good basically a good grid to look at. MR. MELLY : I would like to also state that my intention is to leave the lot vacant. I don't intend to build. I intend to leave it to my son when I die and he may be able to build on it ( ) . I can't tell you but I do want to make this gift to him so the girls have some resources. They can't be taken away in case the kids started fighting amongst themselves. I don't think .so. I don't think they will. They are very, very good children. They wouldn't go against my wishes, I think. But you never know. CHAIRMAN GOEHRINGER: Anything else, Mrs. Tortora? MEMBER TORTORA: No. CHAIRMAN GOEHRINGER: Mrs. Ostermann? MEMBER OSTERMANN: No questions. CHAIRMAN GOEHRINGER: Mr. Dinizio? MEMBER DINIZIO: Well, Mr. Melly, I just wanted you to maybe reiterate for me, you know, the reason why you think you are here. As I understand it, it's probably nothing more than the fact that both lots are in the same name. Page 12 - Transcript of Hearings September 25, 1997 - Board of Appeals MR. MELLY : That's right. ( ) This is something I think would be different. MEMBER DINIZIO: Yes, I tend to agree with you. Also, if during the course of. time you owned this land, did you put a cesspool on it? Did you have swing sets on it? Did you put anything - a swimming pool? Will you fence the property - the entire property? So, basically it has been a separate lot. MR. MELLY: It it the same block and it has a platform on it for a tent. When my kids come, they use the tent and that's where they play - it's a safe place. ( ) MEMBER DINIZIO: So, there's no well. Nothing that would service your property. Your house is on that property. MR. MELLY : We have been very careful not to do anything - MEMBER DINIZIO: And the reason for that is because you always, treated it as, you always thought it was a separate lot? MR. MELLY : Fortunately, my tomatoes are growing there. MEMBER DINIZIO: That's all I have. CHAIRMAN GOEHRINGER: We thank you for your wisdom and your candor. MR. MELLY : I brought the affidavit of posting and also the affidavit of mailing along with the mailing receipts and the return cards. CHAIRMAN GOEHRINGER: So, when you get that to us, Bill, we'll address that probably around October 9th. OK? And we'll give you some time to get that for us and we appreciate that. MR. GOGGINS : And I'll submit it when I require another hearing date? CHAIRMAN GOEHRINGER: No, we'll close the hearing subject to that submission. Alright? Thank you. Is there anybody else would like to speak in favor? Anybody like to speak against? Seeing no hands, I'll make a motion closing hearing, pending the receipt of the area map from Mr. Goggins. Motion carried. Revisions 06-11.96 jd-6eph J. Melly 1475 Sterling Road Cutchogue, NY 11935-1581 5 SEE SEC. NO. 098 [C. -F1 O L n 292 `�s Z ' 'Q / . MA LINE ° CREAK 1 6 � /J �s r'%/ +J !..p' -. 3 �(s n� S 12.8A(�ER b F' 0• 29 ��.✓�C�,D• 44 �= '3• ' 2 tiff's Q� `S�` ``' i 4 .Y,yo� t5�' �pE�NO! TOWN �. D 4TH OF J SOUTHOLO ,f• \S A � �1►� .p / � � .)n ,`' '� i3 i "� ; . 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I., Ne- York 0- 4 C-,- PROPERTY MAP- •-ec •' _T•e3 u. a43 _64 • f -S: o -+n l- 9C 4.:3x1 9L .»L..s r � n.z - z♦4 r 'hoc Joseph J. Melly 1475 Sterling Road u rf- rNw—n Ny 44935,1:58f SEE SEC N0.091' . SEE SEC `O 091' "TCN NE r.TC. _ L1NE U L Z C— ro ; 1- t'' ,5,99 ,`� "' • ` i 5£'• S SSE SEC MQ091 IUTC- LINE. Z t.2 ). sit' , • • -. Z. y of �iw 2z .e• .lel ` W - / %j /'• t• �„ ° t z , ala : s ,. - .•.' LA• "ts • 1 SEE SEC N0 9e '- •, ,o i � FA'NN * 1l1 • ct S '04•�•� w t! Z 4 r _ ,n lo. •o►l SEE SCC No 139 t. ? ra fp v w p r, ,o 't' t ♦ � _ J ` .J .'�� ¢' )T•1_ )i :31.2 .l zo-s ^off � •''n •' yr`/ '>r •`,ct ..` s 30.1 T i ,9 '> '� Ro zj �+ 04/�� o. '' (�♦ `( • ,+ 8 �4� , `_ `-• _ 1�'•. .. w.�S�N , ,.` T i b L z7 . i i! • Pt > � t i r P � - ♦ d 4 yE � i ". gALDW I N : zc ♦� �> r� � 1 ��i Q' SEE SEC. 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Q fi. t� �! - /a0 to N r� - � air At 1 450 VILE -..N � 2 ti.� r -•� - - � t -:. �_ - - „tip 3 � - - - - I - •; f3•Q - -, E - - _ - �. C !� IS6.CS •Air 3a `i titin .> • 13Q / 3!•G•3� A t4.ts Lat Gt�� s f� r a' SBTa!'!o-E• SO � o - _ - 1. ` -.�3 - .' - '- - i8s -71�t= - ••r-�c � R► � • RION 7 - -- - - - - - - - 7 '-A'V.JTT cf?f go - ��is.es " „ • %'°• \s°�;`a, y\/'s.v2 ilc •/ .e. ° .\w .Z, °•• 1zeAlal .,a. F.0. 29 � L. o.4a, �i' ��\ 4-7-85 OF A 0 0 4 ,Guc eo o W Ile \\9A \\] ,(6 i^q x A° "<•f\ L� SEE SEG Nn. I]l 61ROADWATERS' COVE TOWN OF SOUTHOLD xlam m, :y 12 to 4A, 4 HArWArER COVE 12 kill 77-..... .—E Luz--. El • COUNTY OF SUFFOLK TO— SOUTHOLD _i` 7-11-1. =.,:= 1:1:�-_'— L;:':=.":=: 11 1 1 Real Property Tax Service Agency It— EcF 10 4 ------C:"d"i-(i---' [000 PROPERTY —P, 14 1. I Mr. wm��I HArWArER COVE ip SEE .EC NO, - COUNTY OF SUFFOLK —1 SOUTHOLD SECTION Na. Real Property Tax Service Agency �I%"-`-5"------ 10 4 1000 N.— Y -i PROPERTY ......... tt— RE—E b. Legend ip SEE .EC NO, - COUNTY OF SUFFOLK —1 SOUTHOLD SECTION Na. Real Property Tax Service Agency �I%"-`-5"------ 10 4 1000 N.— Y -i PROPERTY October 6, 1997 WILLIAM C. GOGGINfS ATTORNEYAND COUNSELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone ($16) 2984200 Southold Town Zoning Boal 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski of Re: Joseph J. Melly Premises: 1475 Sterling Road, Cutchogue, New York Application for Waiver under section 100-26; SCTM No.: 1000-104.00-02.00-024.000 and 1000-] 04.00-02.00-023.00 Dear Ms. Kowalski: WILLIAM C. GOGGINS Attomey at Law DONNA M. PALMER Paralegal In connection with the above referenced matter, enclosed please find an origitlal Affidavit from Scott A. Russell, the Chairman of the Board of Assessors of the Town of Southold. If you have any questions, .please do not hesitate. to contact. the undersigned. WCC/dtrip enclosure gL yours, C. COC INS �� A o�Cak°aj .'AFFIDAVIT i STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) SCOTT A. RUSSELL, being duly sworn deposes and says: ONE. I am the Chairman of the Board of Assessors of the Town of Southold, and I make this Affidavit at the request of the attorney for Joseph Melly. TWO. The property designated at 1000-104-2-24 is a vacant parcel of land located in an area known as "Nassau Farms" which name is based on a map entitled "A Map of Nassau Farms" filed on March 28, 1935 under Map No. 1179. The assessment of this lot is derived from its frontage along Sterling Road. The value of $7.00 per foot that was assigned to this parcel is consistent with all of the vacant buildable parcels in that area. Improved parcels are assigned a value of $8.00 per front foot. SCOTT A. RUSSELL wo n to before me this ay of October, 1997. �" 6� � Notary Public WILLIAM C. GOGGINS Notary Public, State of New York No. 495i689 /77 Qualitied in Suffolk County Commission Expires March 12, 1 M 7, @1 L WILLIAM C. GOGGINS I j l J A TFORNEYAND COUNSELOR AT LAWSEP'-81997 P.O. Box 65 "f 11775 Main Road Mattituck, New York 11952 Phone (516) 2984200 Fax (516) 298-4214 WILLIAM C GOGGINS Attomey at Law August 28, 1.997 Southold Town Zoning Board of Aqppeadios 53095 Main Road Southold, New York' ' 11971- Attn: Linda .Kow"�aiskl* - Re: Joseph J. Melly Prernises: 1475 ";tcrling Road, !'lew Application fix Waiver scTmNo.: jj 1x}00 -10 4.00,S)'-? "00-02) 's e- Z- 0 7-_)(k) Dear Ms. Kowalski: DONNA M. PALMER Paralegal In connection with the abovtre" e�I'dma:ftr� p1jeasc be advised that lot 'Ter ed number 023 was pL1rchasr--d)70i' '113, nur c..ber 0'14 was purchased for $4,0.00.00. Also, emlosed please find theta: bins you. requested. I o ol t"m file IC" S, �'-! I.e. If you have wiv nuestilions, r-�' a - ddh) Dot il-S;1�1 - t, c -1 Thank you. yN, WC-'G/rAnip enclosures ' MARILYN B. QUINTANA', Si. - __---� _—..---- -_ ._ OLD TO N H '..L, .p 09FIMA" J Fi ' 4D, iOl '-FIC Y 1 !)71 • `95c _ ^ - ____ 04 BILL NO.:,_=':''. T.,.f' X)'tit}I't�yti 1,y 1O400 i ' PA i.`.'t•� i _:L'. 'p ROLL'SECTION• i ) G?:' (..l,''�F;F;:r`.ii, !' ' �' TAXES PAID BY CHECK ACCT: NO, r i 1, ARE SUBJECT TO COLLECTION '.%, TAX MA,P, N0.'' �t�'� "x:7• }•c • • • • •;LLOCATiOI2,4 DIMEN , SCHOOL D! ..♦.:1 3T ': +�}'Tf , C�/....� l�il'•l.r.'r .l.) t.}(,;i. i•'r.. !"l�.I' J r. PROP TY CLASS ..•: • .. _ ..,. .. .-.. .. ... ... :f. is i {1 "� .rCJ�i: , ti.:{. F`:'? } �r.�...•. .. y � � • � '' SLar= F;aLL!<'',c:c:n.} T ': 'rn !? 1. sP �' ` err.}rlt='•i:::.t.rr'.: r)l• � . . ;�c� ,.... �.ez - t U.7Gi GUH :i �, itit�FiY;, C, ♦<}2 7fa ) :i.';; , <•.t `:, 'Wu. • � n- rc 4�gazz...::l. r'-yr;.f(•.•1:.'-,i: ;'= .. ii• �I.i��'�'#.7 "�a"'sY��C�?" ' f' Y .r. � .i�;' ' ��..,-r��;.IJL"i+�£�•;ai?l�;i=TO '+S]C.;h:, >ri-Jt�ZT`'' L�l''•rn} c?T(:, � :.-0F:)t?00k.>0 04 •144 _3171 My i 'i'1 s r JNT `. I.1, . f, • • lei, yy DUE. '' ('S � /'�. ri'%r>�.;� `` f' }i f,r��' ��}'� i � � )M1�:y3 a,! t••. �; .'H BELOW A p URN WITH FIRST HALF PAY iHi"n otcvrr"r v ENT®-' �'� Cu DETACH BELOWAND a • LF PAYMENT® .. - STO: MARILYN B. QUIN--A, SOUTHOLDTOWN H I -L, -3095.MA'N R•' 4D;'" IH(.); D,! Y 1 -71 195 -4; -7 '39 1.0 2 23 iEl L Y JOG17: 'I BILL NO PAGE 'M>;', NY iQ,470 r!l R G ROLLSECTION. TAXES PAID BY CHECK A6Ci:ARE SUBJECT TO COLLECTION I MOM a TAX MAP -NO, 1. - ?'3 .1. 4 2 LOCATION`1.4. PIMENSIONS.� ACF--E:`V.... SCHOOL DIST.' I IPROP7YCLASS 1.2j. ') OftiAt m 1 . .4 . " .. ! t ., ,• 'j, ..l. , e. .11 .. — I SUFF,01 K CoUl"ITY TAX li.-j 500 38', 25"S*000 1131 OUTHOL D IT.111.1N IY-10111 I. 13 i. I . ".A( ) 0 SC1'• 001 300 l'03_l`5460(l`0 C TC U !11"; 1 7) 0 '3 3 9 $3 0 0 21.1 011D, F—IRE" DI 5, .300TO 42 96"F000., 2 2 7 ,I m --t IF-Forl<-� , m If mn)" T3 T*l-'-`:lWA,rERlD3:8TR 0. 020 000 4`1 STFILD S01- W(41GTE 1) 00 12,97 m 1 . .4 . " .. ! t ., ,• 'j, ..l. , e. .11 .. — I T -M TIM A, A TOTAL 'T(W 3'j 515 i. n 7.4 PAWOENT SCHEDULE ON TOTAL TAX DUE,,,z, r. ['4AMOUNTXW71 To j 7," 7, --4PENALTYA m 1 . .4 . " .. ! t ., ,• 'j, ..l. , e. .11 .. — I 'Fy 4 .41 IS I c5' 7f, C 7 1 I",DATE DU lZ '7 J&I�Zfz Atli BE F I.IRNI WITH FIRST HALF PAYMENT® DETACH BELOW AND. RETURN. WITH SECOND HALF PAYMENT® T -M TIM 'Fy 4 .41 IS I c5' 7f, C 7 1 I",DATE DU lZ '7 J&I�Zfz Atli BE F I.IRNI WITH FIRST HALF PAYMENT® DETACH BELOW AND. RETURN. WITH SECOND HALF PAYMENT® M� P OF- FAL. O 7" . S U RVEYEO FOR �O SYPH M ELLY E-A ST CU7TCHoo 0E 7-OWN OF- SouTHoL-o SUF'FOL K Co.,N.Y Sc q /,s-- 3 o �== /" /No to C a 7' �?N/n,b al'o oIva 5-Sa U Fa,, -,-n S fi/cd i� Su�f' Co. C/e�'�s�ce as IvIplo No. //79. Land O f sf e/' �ir�9 Es f N• as�4 6'oOE. //6•/6 / T o.00 Mon. Gudran f`d-ed -Y"o 7'1/e1rter Coc/r/f�. //YL Gua>arry Gnd /f'Jorfgafe Coo any and fo fhe .Sautfio/d Sc/vir/9S Bar// _as sur-vcyed Oc7`. z 6, 1-9S-9 0 H W V171/ 7-i/y/4 Son 1-/Cer7Sed Land r,�r✓ey�ors T.'104P Nom_ L I of v I •. �I Fe C e I ! Pi C 5 85��6�oo"W //6. /6 \ S-TJE" /=;zL/NG h VD A$ 0 / s � � house p I I z31 I I / T o.00 Mon. Gudran f`d-ed -Y"o 7'1/e1rter Coc/r/f�. //YL Gua>arry Gnd /f'Jorfgafe Coo any and fo fhe .Sautfio/d Sc/vir/9S Bar// _as sur-vcyed Oc7`. z 6, 1-9S-9 0 H W V171/ 7-i/y/4 Son 1-/Cer7Sed Land r,�r✓ey�ors T.'104P Nom_ L I of v I •. �I Fe C e I ! Pi C 5 85��6�oo"W //6. /6 \ S-TJE" /=;zL/NG h S-232926 S.Bt?-"v v STERLING ROAD SURVEY FOR REFERENCE: FILED AOF NASAFARMS 'JOSEPH J. 81 MARJORIE A. MELLY FILED MAR.S28,1U 935 — MAP NO. 1179 AT PECONIC '!-!,TOWN OF SOUTHOLD I GUARANTEED TO: r'S -SUFFOLK COUNTY N,Y. INTER COUNTY TITLE GUAIRA,N_Y�� _tC Xdl 3 -AGE i IV, -JOSEPH J. a MA R JOR I E A. M'E'LL . i ''SCALE: I"= 30' .' FEB .'5, 1970 519,9 4 LAND St., R? VEInt HEra D, N.Y. . . WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 Phone (516) 2984200 Fax (516) 298-4214 August 14, 1997 Southold Town Zoning Board of Appeals 53095 Maui Road Southold, New York 11971 Attn: Linda Kowalski - Re: Joseph J. Melly Premises: 1475 Sterling Road, Cutcliogue, New York Application for Waiver under section 100-26; SCTM No.: 1000-104.00-02.00-024.000 and 1000-104.00-02.00-023.00 Dear Ms. Kowalski: WILLIAM C. GOGGINS Attorney at Law DONNA M. PALMER Paralegal In connection with the above referenced matter, enclosed please attach the following to the application previously submitted by Joseph Melly for a waiver pen -nit to section 100-26: 1. Application for building permit dated June 23, 1997; 2. A copy of the survey to Lot 23; and 3. A copy of the Building Pen -nit dated July 124, 1997. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG/drop '' f; ` AUG -_e i L ' i TWN OF SOUTHOLD TM- ENT .9U2L.0qNG'1 DEPAn 7OWN HALL SOUTHOLD, N. Y. SURLDUNG PERMOT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORk AUTHORIZEDY 21269 Date ............ ......................... 191.7 Permission is hereby granted to: - T -z ............ ......... /.P/f. -e ................. 0 .�k; V." w 4 r .....�w ...... . ........ ?..0/ ... e15 -d -. /f - ..................... ..... .... . .......... ...... .....................e:........ ........... ........... . ........................ ............................................ .......... ............................................................ ................... ................. at premises located at .... /3 .. 2 ... ...... County Tax Map No. 1000 Si cticin Block ........ Lot No. ........... pursuant to application dated ....7,ru..�tc ..... ....................... 1417 and approved by. the Building Inspector. Fee $....,......... I Rev. 6/30/80 ........ ...... �, 7t ...... I ....... . .......... ag PLANNING BOARD MEMBERS BENNETT ORLOWSM,, JR. Chairman wlLLIAM J. CREMERS KENNETH L. EDWA8D8 GEORGE RITCH M LATHAM, JR.. RICHARD G. WARD. PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning . Board of -Appeals FROM: Melissa Spiro, Planner RE: September:16., 1997, request for comments from ZBA DATE: September 24, 1997 Town Hall, 53095 Main Road P.O. Box 1179. Southold, New York 11971 Fax (516) 765-3136 Telephone (516)765-1988 The Planning Board reviewed your request for comments at .yesterday's work session. Please find the Planning Board's comments in regard to the items- scheduled on the Zoning Board's September 25, 1997 meeting below: Southold Automotive (Tonyes .Realty) SCTM# 61-4-23 The Planning ,Board does not 'have a site plan application for the proposed addition. This is a non -conforming use in the Hamlet, Business (HB) District. The Zoning Code does not allow a non -conforming use to be enlarged.. Section 100-241 (A.) .of the Zoning .Code specifically states that a non -conforming use may continue indefinitely, except that "(it) Shall not be enlarged, altered, extended, reconstructed or restored... nor shall any external evidence of such use be increased by any means. whatsoever." E. Nagy SCTM# 27-4-11 .2, 3 The Planning Board does .not have any records on this property. J. Melly SCTM# 104-2-23 The .Planning Board does not have any records. on this -.property. However, the property- card notes' -that this lot- is part- of Lots 50, 51 and. 52 of the Nassau Farms subdivision. 3�i, ,� /PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAlM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD f- PIA.NNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Zoning Board of Appeals FROM: Melissa Spiro, Planner /0 RE: September 16, 1997, request for comments from ZBA DATE: September 24, 1997 The Planning Board reviewed your request for comments at yesterday's work session. Please find the Planning Board's comments in regard to the items scheduled on the Zoning Board's September 25, 1997 meeting below: Southold Automotive (Tonyes Realty) SCTM# 61-4-23 The Planning Board does not have a site plan application for the proposed addition. This is a non -conforming use in the Hamlet Business (HB) District. The Zoning Code does not allow a non -conforming use to be enlarged. Section 100-241 (A.) of the Zoning Code specifically states that a non -conforming use may continue indefinitely, except that "(it) Shall not be enlarged, altered, extended, reconstructed or restored... nor shall any external evidence of such use be increased by any means whatsoever." E. Nagy SCTM# 27-4-1, 27 3 The Planning Board does not have any records on this property. J. Melly SCTM# 104-2-23 The Planning Board does not have any records on this property. However, the property card notes that this lot is part of Lots 50, 51 and 52 of the Nassau Farms subdivision. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann MEW O��SUfFO(�co o� Gy6 N = o -*I 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 TO: Planning Board FROM: ZBA DATE: September 16, 1997 SUBJECT: New Applications for Planning Board Preliminary Comments. Referred for preliminary ' comments are the following: Also, please furnish information with regard to past Planning Board actions and conditions found of record, if any. Thank you. Southold Automotive (Tonyes Realty) 1000-61-4-23. IIB Zone. Proposed addition (inspection station) . ZBA Hearing 9/25. E. Nagy 1000-27-4-1, 2, 3 (lot waiver request for 2 & 3 as one lot) . Please let us know if there are any subdivisions or other prior P.B. actions of record. J. Melly. 1000-104-2-23 (lot waiver- request) Please let us know if there are any subdivisions or other prior P.B. actions of record. Flay Harbor Club - Variance for employee housing, setbacks, and interpretation as to accessory uses. Possible Special Exception. (This hearing has been adjourned to October and the ZBA is awaiting more information. with regard to proposed parking.) There is quite a bit of information in both the Tonyes Realty ZBA file and the Hay Harbor ZBA file in the event you would like to compare our documentation with yours. Thank you. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann William Goggins, Esq. P.O. Box 65 Mattituck,. NY 11952 �o�oSUFFoc,��oG o y� y = BOARD OF APPEALS TOWN OF SOUTHOLD September 15, 1997 Re: Appl. #4508 - Joseph Melly (Lot Waiver) Dear "r Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed for your records a copy of the Legal Notice which will be published in this week's issue of the Suffolk Times. As -soon as may be possible and not later than September. 17th, please send a copy of the legal notice or letter describing the application, the September 25, 1997 hearing date, time and. place of the hearing, 'by certified mail -return receipt requested, . to all surrounding property owners. Notice must include those owners of vacant land or other lands across streets or vehicular rights-of-way near the property. Also enclosed is a sign, to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days, or longer at your choice. The sign must beop sted by Septem- ber 18th, 1997. After completing the above, please return the enclosed Affidavits of Mailing and Posting together with: a) postmarked receipts from the post office; b) green signature- cards once they have been received (you may return these later if you do not receive them by 9/25). Call if we can be of assistance in this process. Very truly yours, Enclosures Z4GERAIRLD GOEHRI R^ Also by Fax 298-4214 CHAIRMAN P.S. If possible,, would you be able to furnish either an attorney's search or titie company search as per 100-25-D-4 of the Code, which search would confirm the specific dates of acquisitin and the date of merger, and also would show any other merger or non -merger as to Lot 22 which is also undersized and lacks ZBA approval. Thank you. 1nag.97/appl.new.p2 ........................................................#........................ TRANSMISSION RESULT REPORT .................... (SEP 15 '97 03 14PM )................�J SC OLD TOWN HALL 516 765 1823 .................................................................................................................................................................................. (AUTO) ..................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. SEP 15 03:12PM 5162984214 01'37" OK ES 03 083 ........................................................................................................................................................................................................................ E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING STATE OF NEW YORK) ) SS: � LINTY OF SUFFOLK r f Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a j 2 3 Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ' ly published in said Newspaper once each week forweeks successively, commencing on the dap of 19� Principal Clerk Sworn to before me this > it a� Location of Property: 210 Third St., sq. ft. of load area and 132S71ot width JCJGY,. Section" 100-243A, a noiicon- Laurel, NY; Parcel ID No. 1000-126-7- as to 1000-27-4-3 & 2, and with a forming building -with a noncwnform- K 11. Also known as Lot #72 on the Map remaining house lot of 20,000± sfeand ing use shall not be enlarged, recon_ of George L Tuthill.. ' lot width of 100 feet as to 1000-27-4=1 . structed or structurally altered unless aa 6:50 p.m. Appl. ff4508-JD . — Zone District: R-40. (Schedule AA as' : -the use of the building is changed to a - t� rNtJ't'1t:E 'Joseph Melly,-This-is a request fora revised Jul builSOUTd- BOARD OLD TOWN Waiver underArticle II, section-100-26 'requirement for lotscreatedbene eq ing is loq7 shows a �ed in the use: The preexisting Business BOARD OFAPPEALS based upon the July 24,1997 Notice of April 1957 tittu November 1971 at District: and is not a permitted use in THURSDAY, Disapproval by the Buildingq SEPTEMBER 25,1997 issued on the following Inspector. 12 00 s . ft. and 100 ft. lot width:) ' this diS�C• T he'side acid rear yard set- NOTICE IS HEREBY GIVEN ur_ h grounds: a 7:10 p.m. Appl. #4492 —W. Klein.. backs do not conform to the required . P an adjacent. co lot shall merge with (Continued from 8/14/97). This-appli- 10 ft. side and;2S ft. rear yard and t e Section he of the Town law an adjacent, conforming or non-con- 'cation is based upon the Building Locatiao'=of Pin Main 54360 Main and the Code of the Town of Southold, forting lot which. has been held in Inspector's May 28, 1997 Action of Ro the following applications will be held . common ownership with the fits[ lot at Disapproval, for building permits in the #1000-:614-23..7NY County Parcel ID for public hearings by the any tune after July i, 104-02 2 104- "as built" construction of accessory .-. Tire Board of. Appeals will at said . SOUTHOLD TOWN BOARD OF 02-24 has merged with 104 02-23 ;,," garage in an area other than the _tiro and place hear any and all persons APPEALS,at the Southold-Town Hall, Location of Property: 1375 & 1475 i required rear yard and deck addition ` or representatives desiring to be heard 53095 Main Road, Southold, New Sterling Road, Cutchogue, NY. Parcel ! . with an instiffici _' front yard setback in the above applications. The above York . ER 2 1 THURSDAY, SEP- #1000-104-OZ-24n.Ap& 23. from private right-of-way (easterly hearing's will not start: before the time TEMBER s. soon t e the times noted 7:00 pan. Appl. #4501= E. Nagy, property line) and excessive'lot cover- . designated.-Each file. is available. for below (or as soon thereafter as possi- .(Continued from first hearing held :age, at 3235 Manhanset Avenue;' review during, regular. business hours bl.6: 8/28!97). Waiver under-Article II, ' _ Greenport, NY; 1000-43,1-8. Zone: R- ; (8-4 p.m.), and written comments may 6:45 P.M. - Appl. #4506 — Appli- Section 100-26 based upon the Jul 7 cation by Lillian J, Mulligan Estate 1997 Notice of Disapproval of the40. PropertysizeA: 68i 1 #4 09.LT. — be submitted befoie that hearing is con_ This is a request for a Variance under 25 p PP chided' If You 'hive questions;' please Building Inspector stating two reasons:. , Tonyes Realty Corp, d/b/a Southold do not.hesitate. to call 765-1809. . Article IIIA, Section 100-30A.3, based (1) under Article II, Section 100- 1 Automotive Corp. This is an applip- Dated. September 12; 1997:. = upon the August 5, 1997 Notice of 24A.(1) land area identified as 1000-.., - ti Dated: a-Variance based upon . ' ° e r 1 OBER OF-THE Disapproval issued by the Building 27-4-2-and 1000-27-4=3 were created the '.'August 1a-Var anc Notice of Inspector regarding. "as built" deck by deed in_1965-and •do not met the �: D' ;oval of the Building Inspector SOUTHOLD TOWN addition, disapproved on the following minimum. jot re ?SPP BOARD OF APPEALS grounds: "the deck addition "as built" 4uirements (12,500 so , • m..whicli:applicant has. applied fora GERARD P. GOEHRINGER, and (2) under Article ILSection 100- ._ice=.permit to construct, addition, an alter- will exceed the maximum allowable lot 25A,. total land- area merger exists for anon to existin Chairman coverage of 20 percent, or 1500 square r ; g 1i�1ine station, which By Linda Kowalski .. sq 1000-27-4-1', 2 3 having baso held in application was-:disapproved for the 1132-1TS18 feet. The deck addition will .increase - common o wnership after July 1, 1983. [gfoltoivirig -reasons: ":., under Article the lot coverage to 1635 sq. fr, or location of Property: Harbor Road, t approximatley 21.75 percent." Orient, NY. Applicant proposes 28,445 aftwel'� :.ka. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------Y In the Matter of the Application of Jaseph Melly AFFIDAVIT (Name of Applicants) :, ----------------------Zr-------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Donna M. Palmer, residing at Aldrich Lane, Laurel New York, being duly sworn, depose and say that: 1) On the 17thday of September, 1937 , I personally mailed, by certified mail. return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below, are those shown on the current assess- ment rolls of the Town of -Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surroundingr Property. Owner Mailing, Address Lot # �^ 22 Frank Longo and Carmella Pac' ue. NY 7.5 William Ferris III and Joan B. F B' Lane,Cutchogue,NY 7.4 Michael D. Romeo,Main Road,Cutchogue, NY 14 Richard Langenfass and Nancy Langenfasg,1360 Sterling Road.Cutchogue,NY 13 John Mantione and Wife 184-38 Midland Parkway Jamacia,.N.Y 11432 26 Belle Larson,46 Old South Count -n7 Road Brookhaven. NY____U719 and, the property identified as District 1000, Section Block Lot by piaci the—`Io� 's officia _l poster ten (10) feet, or closer fx_Gm--Cle property line facing the street ,(or facine ;- -oi-`•gay) ; and that I have chec°ied to be sure Oster has remained in place for seven full days prior to the date—c —the—ptrbl3e—Bear-it}g--H-.a-te--of--h aiLrn�notedt_heReo `be --head 199 Sworn to be -Fore me this 25t4 day of September!99 6 h4 Nofgry Public G l/ Donna M�s WILLIAM C. GOGGINS Notary Nic. New York Q,`}uua''P`'�fied Inn SufMk County QaC• BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of JOseph Melly (Name of Applicants) ----------------------�------------- x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Joseph Melly , residing at 1475 Sterling Road, Cutchogue New York, being duly sworn, depose and say that: by certified mail, return receipt requested, a true copy o the attached Legal Notice, addressed to each of the follow' named persons at the addresses set opposite their respective ames, that the addresses listed below, are those shown on the c nt assess- ment rolls of the Town of -Southold; that said N ices were mailed at the United States Post Office to each of s persons by certified mail, return receipt requested: Name of Surroundim Mailing Address Z) On the 18th day of September, 1997, 1 personally posted the property identified as District 1000, Section 104.00 , Block 02.00 , Lot 024.00 by placing the Town's official poster ten (10) feet, or closer, From the property line facing the street (or facing the right-of-way).. and that I have cheesed 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 September 25,1997)- O� SWOr� to before me this (/osepi _ re) 25t day of September 199 7./'� &G Notary Pu' c�WilGiAi G, 66 `.5 d .5 J �o l� A* Le ,... -- —•.......-n =0 the Ci ---2 C4 -Ce ?Car'� C= e�CC?d_s when G-_ _ _ - JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4508 DATE: AUGUST 18, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is application for a waiver of JOSEPH J. MELLY together with Zoning Board of Appeals Questionnaire; Notice of Disapproval from the Building Department; survey and other relevant documents. Judith T. Terry x' Southold Town Clerk WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O. Box 65 11775 Main Road Mattituck, New York 11952 ert52 }98-4200 ��6) 2 -4214 j WILLIAM C GOGGINS 9 l f Attomey at Law tAUG !i 5 19, l i 9 DONNA M. PALMER August 12, 1997 i��l Paralegal Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn : Linda Kowalski Re: Joseph J. Melly Premises: 1475 Sterling Road, Cutchogue, New York Application for Waiver under section 100-26; SCTM No.: 1000-104.00-02.00-024.000 and 1000-104.00-02.00-023.00 Dear Ms. Kowalski: In connection with the above referenced matter, enclosed please find the following for the application by Joseph Melly for a waiver permit to section 10.0-26: 1. Application for building permit dated June 4, 1997; 2. Property card for Lot 24; 3. , Property card for Lot 23; 4. Notice of Disapproval dated July 24, 1997; 5. Deed dated October 19, 1959 (house, Lot 23); 6. Deed dated March 4, 1970 (vacant, Lot 24); 7. Original and six (6) copies of the survey to Lot 23; 8. Original and six (6) copies of.the survey to Lot 24; 9. A check made payable to the Town Clerk in the amount of $150.00, as and for the filing fee; 10. Waiver application; and 11. Z.B.A. questionnaire. William C. Goggins, Attorney at Lary Page 2 of 2 If you have any questions, please do not hesitate tn cnntnnt tl,e ,inner-,I"ecl Thank you. WCG/dmp cc: Joseph Melly R) r��r+tf.• VoO)Ait.) OF lil'.A9;1'li I'O�ZP9 No. I SETS OF 1yLANS ........ _ ..., .. . •Q OWN 097 SOUTHOLD _LgvgY . ...................... . 1}11_t 9,1)1 NG 1D6?i'l1Ei'9 HRN•1' , '; CHKC)Z .,. ...... . i SO69'1'1601.1), N.Y. 11971 __._.. 9'iSQ. 765—H302rJO'Q'1.17Ye " ^Ili OF SG; I s', IpL.P (:6E1,1< IL1CRlli lied_...... 5/. 11.• ...,• 19.,7.. t/ ,/J�/ / �l� `o�� ....... /1l>iroved. _.. 19➢� tevrlhiC p ................ ... .......... l)Isa�)rtnjdtti :B/C - ;,..,, ,;1 l .... . .... .. .. . . .. ., ,(0?'i'1lQii�lt� lIi;{('ta r) .. - ,.�•i� 1'. .. .. /\t'b'l..lt:l:Tiom voR Istil.i,1 In PERI•IS't :•-;'i ��: 19 INSTRUCT IONS a. Ibis GpPlication a,aast•be cw bletel, QJe(.1 Rn @- t bc,ariter, or .in ink arrAi rt)llnittecl to file lttlilding 'Cns;,- L)r wl s sets Of Pl.ans;•accurate }plot plan to scale. f'ee accclydin;., t:o sclleth)le. ib. Plot plan sl=owing location of of bmildings an promises; relartionslhip to ndjoini):,; lriallises Or il,)7)1 ic: Areets or areas, alul giving za detailed descriptioil Of ,lay gz. Of lrrrllerty m, .qt 1)e draixii cra the diaZ;T,a76 w'l;idi iat lleirt of this application. c. 'the tyOrlc cuverecl by this appIica?ti(y,) s,r-zy llot lb= cExmrnced ibefor.e isst'traice of 1? 11Eling.Permit. ' d. lJl=.3Plvwal of this apolimt.icm, the PuR ding InspPetor will issue n Building Permtt to the a;);,l. cent. Suc_l1 ;;�b111tt Anil. be kept on the piemineii available for ielsllectiasi LhrdnlR�Altst Live t•rorlE. . t ,, e. .NO building, shall be cccabl)ied or usx- l kid•wl)Old? cbr',t11 part .rqr any pirpose tAbatet%er. until n Certificate of ,)ccupancy allal.l have leen g anted, iby the 1bi ld ing� an specto. ,j ,6 t . . , , . a..r itl'1'i.1CN.rIQN 1S l({s1t1;11Y klfi i to elle 1D1)l.tding l)^lbf'rti tat rpr Lho 1.s:';t)aldlce o(*,j Wilding Pert;tlt pursl.mnt to the lluildisig Zone Ordinance of Live 'lG'al of "Youthold, Saal'fol,k Cm, inty, lo,7 York, atxl 0191er ;applic€al)le l.,sws, Ordl'ana:�cc�s or Regulations, for the mistrtaetiot of lrzsildAer1;s, aarlditicrlg or. g1teriRtidms, Or For rcrru;val or eme-;ncblitiOn, as herein described. l upolicanz agnas to ca�ly with v-3.1. gjTlic4-)je l ag, ovdinances, building; code, Itrnasitlg cdx�:_, �L7)described.b2 regulations, and to admit autho-Zi ed aril i°7 @builElE113 rot' necpusa ry D[1P�ytrct)O1E7. t I (Sii;1raulm Of apolicaant,00r narie, ifs._1cOrrrOya6�.6Cn➢) ................................................... (Kiil.inp a)zWegs or. Opplica:nt) State wivetller a[T[Pl..tcdlnt is � 2y,, l.e ,ec', ami?ni, a1r413iEE'c:9:, P?f1i�Zi1i?i'r, j�eneral. ct37)tractcl5 elei�rZCt'.6n, llltIIil�7t?)' or ?niiIde •N L ......}..-............ ./.g .y . ........................... :................ .n f 1r4''dt) i :^,e 9 �J • • • . s • l .:� .\.. ,, •.. V. �• ` \% ' S . .......... . l anile or cranes o 1 .. ..�.. . ............ . .. . (:,Fs M t.l)e Cnbc Toll. Or ltlte.st dlnd>tl) If ainl.icant is a cOrix)r:ntjon,, wigih.')ture of Bialy alixthor.isa cl 7rricd?r. ...................................... (1 mile and tle ofcuimrnteofficer) ' � I lkii Iders License R). I',Ambers license F0. .1............ Electricians License A. ................. Other lr,-:lc1e `s• Webse x$60 ................ 1. Iscatiou of land ml whichproposed �i- rki•C-bi lit he cline.......... I' .......... f .......:.....:.. i .. ........ d .................. :.,: , l Street 1- Hazrtlet . . . ; ;' I lcnb.,e {�'u7�1bZ'1i ,' , . � �i ' Ctbtbrlty Tam Ifuz Sec ........ l�,t � .. ..... Sulx1 ivi i�}11i ! t'h . M5. 2. State enlisting use nna accuixincy of- lbrc;nise 9 Tull fini egl,Ind use r:rr,J ocrltlr..ancy of 6-r:jao ad cE ba yi r z i t. i.a11: ' a. f,;.i st ini; 'ur➢e and arctll�vhcy .........� :' .......4 .`�,�.1. �. � i � 9�.1� � L: 4 ......'.. .........................`. . �1- aj ib. lntc huledl twee 1`411dOccralr1rhry .........('' { ,'1 `-' ..,, ` 1 ........ ...........t!° � ;;:t,�.s:� L/ W4. "' fs sf2 Y n s>J1r1 1:;=1 � AUG B 8IQ t 97 + l ., ,If i. i, , i ,'4.''ry Il;;' °' h' ,. !' I' . . , rrlg r� 'i ('' ... •'r""� j�l + r �. 'i'• ' .. (7,' ;I i lues ..�;![ �i I ,', `-. S �,}' Mal ul el'ul NUIk (LIle(lt 116101 ..,:9;l iisl)I L): Iia £liai_'•'I'i�'+l ss: J,g rl.lilios) ..._. L A ZerRlLion ` I?s:luiia" f .E' ► Val II;.5Is)litia:) L{ Ot➢ler l•�)rlc Ci j .. . ` b'' 4 OOD ! I X61 seri➢)L 4 . Lst iilklted Cost ... Geej (co, Ila i)aidr on fil ing'IIIlo: app) c.s t ion` i ai , aellillig, lunld)er �f €AaellHle? nluit'sr of chaelIing III Ls on eacllf .1oor ........ Y f l;ardige Imee@Dar of car" ........................ I ' I311sioEss, (x imar€:iRaal or selix ed oc cllpaslcy, Specify full:ure anil, exteril: of e,a l:ype of use...:..... ,':' �. I)IIILLI"IA-3313 of existi(1Bg stiaLttllres,�I� . ! Hlcylti! ... It i r lfl: ... . 1 L•a .... . ...... . ..... I�esuu:r of 8l:or�iL" ..�..��.. -..... .. !, IDinseslsl(h)s Of "Rill., st:l�LcWre with all: L➢oa s (), eddit:ions: '' lronL' :b �....... ➢Lar' y�z3�,1� J 11121 11.. ........., ICaip�e l� VV1. ...:.,.. i�nsd) 6 �x4t,tM. I _ of Jt'orieds t». _ d➢. 1Dlorcs'JI"i(res of enlda( lLc'4•s u)lsstrlu:t:Ion:, I%io:19,MalF:e!)llI IILiI!!Il ! ....... , ... Pt,nld)cr of;E➢l:aii'es' ..................... I+ 9_ ;attic of lot:: hI(ael .... `.... _.... _'. _ It(a(' 10. hal e 'ofl INII-c case ... t gr2, of honil, Qr (taller ..... )I. Z()saa or; II ei' (li"ta Icl lia iJ1ai(B! I)rasllisas Rare s:i,Ilsate(l I`�S 11JT _ 12. . ' r l r+ 1'1' S' i t �' I { i ... . ID()C:I ,l)roHY):;itl (()13 ifl:rlL(:�iL`3) .VI()ldl1:L' Rlflly z�)cei!)l; tlErJa" ()rbli6)allL:C ,or, eC(gLllal.i0o:• L� I:➢. ;ldlll!:Io� lx eeHgra(H(�(9' �.: :......:..'[d 11 &'� :ess fill , l,L rc�lxr)e(I Fr(�n �1)r(niRias YI:B B4. IddulaLs of (Aalw r,ol I)I uilees ...... Mtress, tdidl[(: .,ofA r(:Ilitecl.' •r ''ii ... / ,r„ ., 1.., �'i' t r _ Ad, 1 l'Isone' 30, ,I`'�d Dllti: 'O➢• (l',o11C rRLC I:or !�I .`�. 4(,.: �1� •ICS ..• n, ,. .•f •! • 1' Address ......... ,.... - I5. Is t.Ialsi l)ropLrfl:y &)ItI1116 2U) feeC of at i(la➢ 1u l last(➢i t1 VB'..S .......... I) _ It' YL a, riFIlfX2I9D 'R Idi� 'HI l llwsr j l'oft"II'I' my I!B? Iff(pfaim, P3,01' DIACRAM In(:st-ci clearly Rand € IaLIncl:ly all I)tail(illigs, vAjet.11en• a)jI"t'ln3 or. 'I)rolxsse(➢, ami I' )as Rill set -back (Ilnleaai(ir)a B`arnu IDroperry 111tes. i)IV2' ®treat Rla•±H l)lcLit vii -m :er or.€Iascrllet' 1 2aCd:()4'(I 111�,T B:O (ICC(H, R:SY.d tall! a [i e rE:CC J.RiI"2:b . a!)(➢ i nc➢! (:l3 t'L' 6id1(:t➢lei Inl:erfor or corm -r— 'lot:. ' 'UME 01' P8 -M Y 1l1tC i j ! .... ' ..... .-�.J.......-l!(:ily, duly ,;wtjr n, (Iepolies an(l sayIn that Ile is t➢!e t/➢!I)I ;(.ant' (I'lnln: of individll:all ,IiB;n➢nB; t:or►LrR)(:C) �' - i_ �t (ISIt I t)CL(Dre • nE ent:, €:o rlx)racfa of: tiall(I €15fIK?1- or OLl1K:C", illlil 1:3 4Bl8Hy alltllOH-1'L@(l. tC: !3(:1-foeal! or Ied1Ve ID rforlan:d the "Bald c.,la'1t da )(➢ Lo b:y3IC(? Ylrv,1 9'1lc' 1831,` al)I)l l(:Flt:lQlla beat.' )I1.1 "l:ate11 11Lfl (:UIIla lla'.f1 In 1Iaal)III icat:ioll are clue B.tD Lhe I)eP,m: off rI3.8 Ici:(naledpe and I)e).)ef; R.313(I Ileal: [Ile 1r1)rk wi Il k> perfornDed ht' the ualliler :>et: forl_li in tile app Ica1:ion filed tile rewl01., ,kx)rrl to ore nn= this MAIlry hhil(: b;4 ......... _ p 1 Wo, .J, + �J I, ., .. 'f ---.._,..,-... .......:...w.•,..,,� , ..�r, •,e w• --rte.- ..- ---._„r,: ,.•s:..:;,.i. _ ,.r..zti.;:.,. --- -L. J"I,,.,.�•---- Lsr i AIG 1 51997 le til QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Joseph M. Melly 10% interest B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes ( XJ No. ( If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes (X } No D. 1. Are there any areas which contain wetland grasses? No Z. Are the wetland areas shown on the map submitted with this application? No , 3. Is the property bulkheaded between the wetlands area and the upland building area? No d. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trsstees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you 'or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use ioarcel None, Vacant Land proposed use None at this t or operations conducted at this and Aucrust , th ed S ' tur and .Date. 87, 1019.01k 1997 7 r �� c` AUG U'519197 LIBER';W5,dPAGEj'1 . rm 801 M-11-57—Bargain and Sale Deed with Covenant against ^:or s Acts—Tiidividual or Corporation (single sheet) �� o� CONSULT YOUR LAWYER AE SIGNING THIS INSTRUMENT • THIS INSTA T S �#O.IJv1D BE USED BY LAWYERS ONLY THIS 113A�EP3'3iCDTR made the 1 th da of pCtoSo'1"�; nineteen hundred and fifty—nine Y IIETVI EN WALTER F. LUCE, residing at Bay Avenue (no st . no.), Cut— chogue, New York, Party of the first part, and JOSEPH J. MELLY JR.,, and MARJORIE A. ME, LLY, his wife, residing at 410 East 237th Street, New York 70, New York, party of the second part, WI`PNFESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of. the party of the second part forever, ALI.. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i=Its. near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, described as follows: part of Lots 50, 51 and 52 as shown on a map entitled "Map of Nassau Farms" and filed in the Suffolk County�Clerk's Office on March 28, 1935, as Map No. 1179; and being more particularly bounded and described as follows:. DEG.INNING at.a concrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the corner formed by the intersec- tion of the said northerly side of Sterling Road with the easterly side of Horton Road, being the southeasterly corner of the land of Carlson; running thence north 4 degrees 14, 00" west 150 feet to land of Sterling;thence along said land 6f Sterling north 85 degrees 46, 00" east 116.16 feet to,an iron pipe; thence south 4 degrees 14, 00" east 1.50 feet to the northerly 'side of Sterling Road, 'thence along the northerly side of Sterling Road south 85 degrees 46, 00" west 116.16 feet to the point or place of beginning. TOGETHER with all right, title and. interest, if+any, of the party of the first part in and to any streets and roads abutting the above described'premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the' -fiist"part in and to said premises; TO HAVE AND TO HOLD the premises herein granted ;unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance wtih Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WIT -NESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the 19th day of October 1959 , before me personally came WALTER F. LUCE to me ]mown to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ��a ROBERT F, DAU) Notary Public, State of New York No. 52-5922700 Qualified in Suffolk County Commission Expires March 30, 19.60 STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 0 LIBER 4725 PAGE WE)' STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. 3 that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. W U U. O Z /C0 A zt C15 LL �V v ' �y��y `� H w E-+ a Wyk{�1k O �0 (.� N N Ul W TA H � oot W Ql z Lu W N W i3O ' (- w b d O 0 A z C) W C.i ' i z �Q H 0 >+ o N w 14-5 �qIII W U U. O Z �•' LLI Cd C15 LL �V v ' �y��y `� jJ.co�n� W , 1a'� Wyk{�1k N N H W Lu W N W I Standard N.Y. B.T. UForm 8002 • 6-69-70M—Bargain and Sale Deed, with Covenant against Grantor's Acts—Individual or Corporation (sin Ie sheet) . LIBER 6718 PAGE 2. ( IZ9 CONSULT YOUR LAWYER BEFORE S[GNING THIS INSTRUMENT—THIS INSTkvmeNT SHOULD BE USED BY LAWYERS ONLY. THIS INDEN°I`UR% made the 4th day of March , nineteen hundred and seventy jig' �j � 1wE"I'�►YEEI1 T I�AP.l'N SZA>?.F, residing at 10 Gregg Lane, East Northport, Suffolk County, New York, and ROLF H. CARLSON, residing at 756 Cornwell Avenue, East Hempstead, Nassau County,.New York, as tenants in common, party of the first part, and JOSEPH J. MELLY and I4ARJORIE A. MELLY, his wife, residing: at 88 Fast 237th Street, Bronx, City and State of Flew -York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with- the -btiMli s-a.n+impr( vemen4rtheremremeted, situate, lying and being in;tbmPeconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument at the intersection of the northerly line of Sterling Road with the easterly line of Horton Road as shown on a certain map entitled, I'Map of Nassau Farms, situate at Peconic, Suffolk County, New York!', dated January 31 , 1935, and filed in the Suffolk County Clerk's Office, March 28, 1935, as map number 1179, and from said point of beginning; running along said easterly line of Horton Road North 231 501 west'159.23 feet to a concrete monument; running thence along land of Warren Sterling on a line parallel to said northerly line of Sterling Road, north 85° 46! east 123.41 feet to a concrete monument; running thence southerly along land of Wiegands South 40 14' east 150.00 feet to a concrete monument on said northerly line of Sterling Road; running thence along said'-.,. northerly line of Sterling Road south 850 46' west 70.0 feet to the point or place of beginning® Said premises are part of lots 50, 51 and 52, as shown on Map of Nassau Farms, filed Iiarch 28, 1935, as map number 1179. Being and intended to be the same premises conveyed to the party of the first part by a deed made and dated the 6th day of February, 1967, and recorded in the Suffolk County Clerk's office on the 15th day of February, 1967, in Liber 6114, page 267. SUBJECT to covenants, easements and restrictions of record. SUBJECT to any state of facts which an accurate survey may show. TOGETHER with all right, title and interest, if 'any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of, the first part will receive the consideration for this conveyance and will hold the right to receive)such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of�the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. Ilii WITNESS WHEREOr, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: • /' `� �� S.'7 U� 1. (L . S . ) I:ARIN S ZARF AUG1 1 51997 f: �L.' `1:— L.S.) STATE OF NEW YORK, COUNTY OF SUFFOLK ' ss: On the 4thday of March 19 70 before me personally came KARIN S ZARF, and ROLF 11. CARLSON to me known to be the individual s i executed the f ore g. �• itig instrument, a they execut.9d1h_ same. � � ALAN H. REINITZ f Notary Public, State of New Yofk No. _52-3245550 Suffolk County ,,,,mission Expires March 30,19;7/ STATE OF NEW YORK, COUNTY OF ibed in and who -knowledsred that SS: On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. jOaegain anb bate ,;Seeb WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. S-232928 KARIN SZARF CARLSON, as common, and ROLF H. tenants in NI[e] JOSEPH J. MELLY and MARJORIE A. MELLY, his wife STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by THE TITLE GUARANTEE COAlPANY If STATE OF NEW YORK, COUNTY OF LIBER 6718 p��L s�' On the day of 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. r REAL ESTATE, STATE OF..``".:'i -2- TRANSFER TRANSFER TA1Ch� jL r ;-'NEW:`.YORK".'"*.,;: o� Dept. of. WL) Taxation M4RIB-70 �• 14. �:r *,,' Z & Finance P.B. 109.45'.-1 STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN Southold Recorded At Request oftfcS;a�x�X RETURN BY MAIL TO: FRED W. EGGERT, Esq. 4742 White Plains Road Bronx, New York r� pp;;nnA�rr vNv��D�11 �lti"_�1�f.'�iJIV 14 1FIS Zip No. 10470 MAR 18 19;p L STER 0 - S ;t' q M. M. ALBERTS00 Clerk of Suffolk County IMN 1,11.1 rlLLr jhl'; •, • - - (114. h-) �;�� t�r61i4 X26? SuadudN.YaT.ty. Farm goof • t1,I5.1am -E—i . Ocrd—r.&Aa:ul ar /CuP°n"°' T IISUMENiiTRS, made the 6th day of February, tnneteen hundred and sixty-sbven BElWEQi PHILIP WOLINSKY and MELVIN WOLINSKY, both of 18-34 122nd Street, College Point, New York, as Executors of the Estate of Anna Carlson pursuant to Letters Testament�8642issued by the Surrogate's Court of Nassau County under file ffhbd g{4i9E8k4X party of the first part, and KARIN SZAU 1 residing at 10 Greg Lane, East Northport, New York, and ROLF H. CARLSON, residing at 756 Cornwell Avenue, West Hempstead, New York, as tenants in common, party of the second part; the party of t �, that he first part; by virtue of the power and authority given in and by said last. will and testament, and in consideration of ONE THOUSAND ($1, 000.00) DOLLARS xx=x paid by the parry of the second pam does hereby groat and release unto the party of the second part, the heirs or successors and assigns of the parry of the second part forever, ALL that certain plot;, e piecor parcel of land, with the buildings and improvements thereon erected. situate, lymgandbeingXX" Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: on Of the BEGINNING at a concrete Roadnwith the easterlent at the ylineiof Horton Roadh erly line of Sterling of Nassau Farms situate �.1 as shown on a certain map entitled, "Map 31.1935, and AqFL at Peconic, Suffolk County, New York" dated SanuarY .. filed in the Suffolk County Clerk's Office March 28' 1935 'said easteras ly No. 1179; from said point of beginning running along F+t line of Horton Road, north 230 50' west 159.23 feet td a concrete monument; thence along land of Warren Sterling on a line parallel to said northerly line of'Sterling Road, north 850 461 eastotr 123.41 nd of feet to a concrete monument; thence stly torsaidlno�therly Line of �4 said Wiegands on a line at rag angles —LSterling Road, 150.0 feet-'to=a concrete monument saionsaid northerly ly line of line of Sterling Road; t*—"" westerly g Sterling Road 70.0 feet ttr the pof�:t of beginning. Said premises are part of lots 50, 1 and 52 as shown on Mao of Nassau Farms filaiMarch 28, 1935 as Map No. 1179. show. SUBJECT to any state of facts an. accurate surveX may ctions and easements of record, if any. SIIBJECT to covenants, restri TOS with all right, title and interest, if any, of the Fatty of the first part a and to any streets and ands ahtttring the above described premises to the tearer lines thereof TOGETHER with the appurtrnd also and aLw ali the estate which the said decedent hada ar time of or dispose odeath in said f whether indiv d - the estate therein, which the party of the first part ted unto =Uy, or by virtue of said will-th rwirs or reeu w anTO ted �1 of the party ofND TO HOLD ethe second part forever the party of theserrmd Fart. h j- \`t„�'u�• GONSULTYCUR LAWYER MORE SIGNING THIS INSTRUYENr-THIS imsmu .SNCULO BE USED RT LAWYERS ONLY TM5 fNDE MJRE, made the 19th day of OctoUe 'p , maeteea hundred ana fit BETWEEN WALTER F. LUCE ' ding at Bay Avenue (no at. no. rest tCuresiding 1 chague, New York, ), Cu ; party of the first part, and JOSEPH J. FELLY Ji., and iLtLRJORIS ACLLY, itis F _ wife, residing at L,10 East 237th Street, New Pork 70, New York, , I. ALLL: '.F Party of the second para _ WITNESS Elft, that patty of the first part, in often dollars and othervaluable mruideratioa paid by the party of the second part, does hereby grant and release unto the party of the semad part, theheirs 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 rected, situate, lyingand beingjm¢jlp( near Nassau Point, in the Town of Southold,e j 4 f= County a£ Suffolk and State of New York, described as follows: part of -Lots 50,. 51 and 52 as shown an a map entitled, "Map of Nassau Farms" and filed in_the Suffolk County Clerk's Office on March 28, 1935, as Map No. ?179; and being more particulatly bounded and described as follows: [; BEGINNING at a concrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the corner formed by the intersec- tion.of the said northerly side of Sterling Road with the easterly side of Horton Road, being the southeasterly corner of the land.of Carlson; running thence north 4 degrees 14.1 00" I� west 150 feet to land of Sterling; thence along said land of Sterling north 85 degrees 46, east 1.5lfeet t ann 0 feet to the northerly degrees side of Sterling Road;thence along the l� northerly side of Sterling Road south 85 degrees.461,00" west 116.16 - feet to the point or place of beginning. {{ OUT Dd -d, C.— - v—Gvwwr,A11r_� 16th day A October .'r"INIhmn facial= TW UqDENftffls� =&the-- BETWEErj WnjVM HMW JMYFFJM, residing at Sterling Rcadno at-- CELtehogue, New Yorki, Eaj'Yjvenue (no at. no-), Icy of tie firwpt, i WAraM. F. LUCE, reOldlng,. Cutchcgue,. !few York, party of the second pazt• =dothervahou-comasid— Wrr"MEMthat the party of the fi-tvart, iff -asidcradall of tm do&n reby grant and release Indo thr-PlItY Of the Mmd part; the heirs paid by the Party Of the wand put, does he or, suommsom acd, assigms of the party,of the slxaad put forever. ALL , t-certain:pl.24 piece or parcel,of land. with the baUdings andlarpravelamI thereaft, erei:D4 zinuzz; lying and- bag ivrghm 'near ifassau Point,, in, the Idyn of Southold, County of Suffolk and- State .of .New York,, described as follows: Part of Lots 50'r 51. and 52 as shaven -on a- map entitled "Map Of. #assam Farms'- and filed is Office on. March . 1935, as-MaV Na- in the Suffolk Couitty Clerk '13,79; and being, more partioularlydeacribed. as28rol 'lows: BEGONOG at EL concrete. monument set of the northerly side of. Sterling if Road, distant 70, feet easterly from: the corner formed, by the Intersec— tion of'the said n ; - ortherly side of Sterling Road with the- easterly, sidei., f the land of Carlson; of Horton Road, being -the southeasterly corner o 150 Peet to land�of running thence north 4 degrees 14, 00" west 1! Steri 2LloljS said land of Sterling north 85 degrees 46t 00" east n, thence i , .16'feet- to an iron pipe; thence south 4 degreem 141 Cow east 150 feet to the -northerly therly aide of Sterling Road; thence along the northerly side of Sterling Rdadzauth'85 degrees 461Co" west 3.16.16 Peet to the point Or Place of beginning- Sn= to two certain mortgages, as fQlICwdf'(l) mortgage, dated March 26, 1954, made= by the party of the part cVj,..The .North Fork 'erk's Bank, and Trust Company, and recorded in, fe - tyk,,,C3. oUXI -e in Liber 21,92 of Mortgages at p prin- Offic sate' -=e 4 1958 cip d ArInA th ed in said Clerk's 1,30 a3. amount of $4 5,00.00; and (2j mart Trust made by the party of the first pi;t-to �4; 'lf Mort - Company, and record gages., at page,529, in the original principalt of $LPCo.CO The combined. amount of principal and interest owing crr, the aforemen- tioned mortgages is $4,133.61, which $4,133.61.0bligatian the part of the second part assumes and agrees -to Pay.