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HomeMy WebLinkAbout4435 1 Rove, rq 9~ _ APPEALS BOARD MEMBERS gpfFO(,~ ~p~~ COG Southold Town Hall Gerard P. Goehringer, Chairman c y~ 53095 Main Road Serge Doyen v+ x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 O Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4435 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 11/1q/96 APPLICANTS: RUTH BOEHLING/R. WRIGHT LOCATION OF PROPERTY: 290 Custer Avenue, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 8, LOT 31. BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 16, 1996 by the Building Inspector under Section 100-25A for this undersized parcel. FINDINGS OF FACT: Lot size is approximately one-half acre and was created by Planning Board approval on August 1, 1961, referred to as Lot 48 on the Map of Section One, Fairview Park. The dimensions are 115.94 ft. by 175.0 ft. deep. The adjoining lot (Subdivision Lot #9 is improved with a single-family dwelling, built in 1976 during one-acre zoning.) This lot became merged in 1992 due to a Life Estate. Prior to the Life Estate, the lots were recognized as separate lots in different ownership for 23+ years, and met the zoning requirements at the time of creation (1961 by subdivision approval). REASONS: The neighborhood consists of improved lots similar in size;, the grant of this waiver will not substantially increase the density of the neighborhood (for this particular single lot); a denial of the waiver will cause economic hardship to the owners; the county and town parcel assessment records show this as a separate parcel on a 1961 town-approved Map (Fairview Park); the natural details and character of the contours will not be significantly changed or altered, and there is no need to fill or substantially alter the land. MOTION MADE BY: R. Villa SECONDED BY: J. Goehringer ACTION /RESOLUTION ADOPTED: Granted, as applied. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 4-0. (Member Doyen of Fishers Island was absent, as agreed due to the traveling time and expe eslIIV~ly / s `1!v r = T = - - RARD P. GOEHRINGER, CHAIR N DATE/,/ HOUR o oe I APPEALS BOARD MEMBERS ~~~~gU~F7J(,~ ~oG Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen W Z P.O. Box 1179 James Dinizio, Jr. fl Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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, NOVEMBER 14, 1996: 7:30 p.m. Appl. No. 4425SE - GISELA MORCHEL, Owner. {Carryover hearing for a proposed Accessory Bed and Breakfast Use at Main Road and Crown Land Lane, Cutchogue.) 7:32 p.m. Appl. No. 4435 - RUTH W. BOEHLING and R. WRIGHT. This is an Application for a Variance based upon the October 16, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Vacant Land: 180 Custer Avenue, Southold, NY, 1000-70-8-30, which adjoins applicants' house at 290 Custer Avenue, 1000-70-8-31. Also shown on the Map of Fairview Park, Section One situate on Pine Nock, approved by the Southold Town Planning Board on 8/1/1961. 7:35 p.m. Appl. No. 4431SE - NORMAN WHITEHEAD, Owner. This is an Application under Article III, Section 100-31B(15) for a proposed Accessory Bed and Breakfast Use in conjunction with his residence at 14909 Main Road, East Marion, NY. This Bed and Breakfast Use must be accessorv and incidental to the owner's residence at this property, and is limited to the Page 2 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals rental of three bedrooms within the existing residence and serving of breakfast to not more than six casual and transient B&B roomers. Property ID: 1000-23-1-2.3. Also referred to as Lot #l on Minor Subdivision approved by the Planning Board on or about 11/24(80. 7:40 p.m. Appl. No. 4421 - HENRY TRAENDLY. This is an application based upon the July 12, 1996 Action of Disapproval by the Building Inspector, in which applicant is requesting approval of berm with fence "as built," at a total height above the four feet limitation of Article XXIII, Section 100-231, for this front yard area. Property known as 13220 Main Road, East Marion. NY; Parcel ID #1000-31-14-12. 7:45 p.m. Appl. No. 4434 - ROBERT TURNER. This is an application based upon the October 10, 1996 Actions of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, and under Article III, Section 100-33C, in which applicant is requesting approval, either as a new permit or as an amendment to Building Permit #15772 based on the sketch submitted for approval by the Building Inspector in March 1987, concerning the deck addition within 75 feet of an existing bulkhead adjacent to a tidal water body, and the front yard accessory shed, as built. Location of Property: 1200 West Lane. Southold, NY; Parcel ID 41000-31-14-12. 7:50 p.m. Appl. No. 4433 - FRANCIS & CHRISTINA DOYEN. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: ROW off Hedge Street, Fishers Island, NY; Parcels as combined now known as 01000-10-7-26.1 (formerly 17 and State-owned 'and :aitilout a -;'ounuv sj_ Page 3 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals 7:55 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE. This is an application based upon the September 23, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: Vacant land known as 130 Sunset Lane, Greenport. County Parcel ID #1000-33-4-69 which adjoins applicants` House referred to as #160 Sutton Place (1000-33-4-70). 8:00 p.m. Appi. No. 4424 - EILEEN MORINI, Owner. This is an application based upon the June 27, 1996 Action of Disapproval by the Building Inspector under Article III, Section 100-30A.3, for a deck addition, as built, due to an insufficient rear yard setback, at 2110 Cox Neck Road, shown on the Subdivision Map of Tollewood, Mattituck, NY; County Parcel #1000-113-10-2. 8:05 p.m. Appl. No_ 4443 - MARIE TOBER, Owner. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Article II, Section 100-25A. Applicant is requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots Held in common ownership. Location of Property: Vacant land known as 100 Wood Lane, Greenport. County Parcel ID #1000-4-4-33 which adjoins applicants' House at #55 Inlet Lane, Greenport, NY (1000-43-4-38). 8:10 p.m. LONG ISLAND LIGHTING COMPANY, concerning premises presently owned by STYPE BROS REAL ESTATE, INC. referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as i000-122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Page 4 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a), Appl. No. 44295E - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. 8:15 P.M. Appl. #4436 - JOSEPH and MAUREEN FRAZZITTA. This is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4(B), in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet the minimum required total side yard setbacks (35 feet), per Article XXIV, Section 100-244. Location of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed in 1927; County Parcel #1000-92-1-6, containing 21,772 sf. 8:20 p.m. Appl. #4401 - DAVID DEFRIEST, Tenant. (and Mr. and Mrs. Joseph Gnozzo, as Owners.) The Board, on its own motion, re-opens the subject hearing closed July 24, 1996 for further factual information from applicant, et cetera. The applicant is requesting a Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance based upon tenant's application to the Building Inspector for a car rental business. The Variance shall also address the proposed outdoor yard area for showing of vehicles for rent in an area to he designated under this use variance, - allowed. The grouixds Page 5 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals for which the June 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: October 30, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x j rOf1M NO- 3 _ TOWN ol: somilou) BUILDING: I)EPARTMI'M' TOWN CLERICS OFFICE SOlJT110T.U, N.Y. NOTICE OP 1)ISAPPROVAI, hato:ly .............:.....Iv/Fn. let, PLEASE TAKE NOTICE that our appliicittion dated ~rz~i• .43i 19 ~ . for tom?-- 47 ~.1~17 ~ Zt~~.. ~e . at Location of Property r0 4 9J..? jC~ 4~7 Noose No.. Street gm County Tix Map No. 1000 Section ...`7..0......:. Block p O.......*Lot .~fl. ~-,q/ Subdivision Filed Map No . Lot No. . is returned lierewith and disapproved on the following grounds .U t?ft! ~C . : . ~ ge4 ./CJ. Bu-d1 1iispePV /90 IOWNIIALL SEPT1c rul1H SOUTHOLD, N.Y.' 11071 l r :l-.! 766 1002.1 11011 Py i ,erg CAL1. lixnnrlncd 19 IIA11. To Aplrfovecl , 19 1'erntlt No.........:. • . Dtsapploved 111c 2 :.tf ~o//~ (111iHding Inspector) APPLICAI ION r-Oll BUILDING P611MIT Dale .Qet., 105.., , . 199( INSFRUCTI0NS R. •I his III) pilcultoll most be completely filled In by lypewrhfer or lu Ink nod submllled to the Iltrlidhng Inspcelor, will sets of plaits, Accurnle plot plan to scale, lice according to schedule. s ' b, I'lot pine showing location of lot And of bulidhugs on premises~ relnflonsllp to ndJaluhtg premises or publlc sloe a1 Wens, and giving n rlelnlled desclhpliotl of layout of properly must be drnwn oil lire dingtnm which Is pnrl of Ills apl ' cation. C. 'I'lie work coveted by this application cony not be commenced before 19sunuce of Building Permit. d. Upon npptovul of title npplienllonp the Building Inspector will Issued It Building Permlt to the nppUmit. Snell pen shell be kept on the premises available for Inspection Iluoughout the work. . e. No bullding shell he ocaupled or used lu whole or lu purl for tiny purpose whrlever uulll n Cerlllicntc of Occopm shrill have been gyrated by (lie Btdldltg Inspector. APPLICATION IS 11BRIiBY MADII to the llulldhtg Depnrttneut for tire Issta Ice of It Building 1'etnrll puasunul to Btdlcling Zone 0011nince of lire Town of Southold, Suffolk Couuly, New Yoa , and otjter nppllcnble I.Aw9, Oldtnnnce: Regulntlons, for lice couslraction of bnildings, nddillons of Allernlions, or for 6utvnJ%or demnllllon, as herein deseaib the applicant agrees to comply with all applicable Iriws; onllunnces, buildin ode;liousing cola, r rl eguhrt611s, nod admit riulhoaized Inspectors on pretulses nod In building for necessary Iuspecl I is ~S rrt are df nj plicnrrt, or unme, if n corpoantioo) Gary ft anner Olsen P..4..Oox.706,.Main.Rd.,.Cutchogue,.NY.... (Mailing ndthess hf pppllrnnl)11935 Stale wheihet nppllcnnl is owner, lessee, ageni, nuchRecl, cugiueer, general contrnctor, elechlelim, plumber or bull( AttorneY.,.. Name of owner of ptenrises R1~th, W; , DQ01 i 0g. and. Ral ph.6.. Wright, . Jr.... . . (Its oil llte lnx toll or Infest deed) If Applicrinl Is a corpornlloo, slgnature of duly nuthorized office, . (Name and Iltle of corporn(e officer) Bulldet's l.,icense No. Plumber's License No. Ficelrichun's License No. . Other Tradc's Unease No. I, I.ocn(lon of laud on which proposed work will be dune . . Custer Ave.; Southold , (louse Number Slreel Ilnmiet Cpunlv Tax Milli No' 1000.Seel inn ?Q Block - $ Lot Subdivision ..Map •Fai,rv,i.gW P,ark Secti.m One , (tiled hint) No. 3388 Lol $ (Name) 2. Slale existing arse rind occupancy cif premises uud hnlended use and occupancy of proposed construction: ca. Iixistlnll use 111111 occupancy • _ .Vacant Lot . ngl . . e Fami . 1y Re . . s : idence . L . o . t merger . b. Intended asc and occupancy , Si . . . . . ~ lta rah . (removal Dernoililon Whet Work , (Deseripllon) 'I." 13sllnnded cost Pee , . . (to be paid on filing this applicial1011) 5. If dwelling, number of dwelling units Number of dwehing units on each floor : If gmngem"nberof can 0. If business, cotunerchd or (nixed occupancy, specify hninrt: and extent of ench type of use t...... 'I. Dituenslons of existing shluchtres, If miy: Profit Rear Depth . Height . Number of Shines , ! muenslons of snore sihiclure with uUmnilons or nddh ions: front Hear . Depth . . Might Nunber of Stories 8, Dimcnslons of cnihe new construction: Front Rear Depth llellllal Millibar of Sindas 9. Size ill' lot: (wont Itcar Depth I(1. Dale of I'nrchnse Nance of Fortner Owner 1 I, "Long or use district In which premises are sillunled 12. Does proposed construction viohdc any zoning haw, onlinnuco or regulation: . 13. WIII lot be t'egroded r VIII exems fill be rellloved front prcurlses: Yes No 14. blame of Owner of p einlses Address . , . , Phone 1400 . Nnaw of Architect Address Phone No. ; . Nan e,of Coutrnclur . , Address Phone No.. . 15, to thio property Willa 3DU feet A s tidal uetlltndl *yes.. No..... Alf yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locale clearly and disldnclty all buildings, whether exisling or proposed, and.indicate all set-back dinehslons from properly lines. (live street and block number or descipdon ncconlblg to deed, and show street unifies and Indicate whether Intel for or corner dol. r SI'A•l1 lllrl1Itt\v1'Ot11 S'S CUMIN Y OlNffo1 Gary Flanner O1 sea ' being duly sworn, deposes and says lint he is the nppllcnnl (Maine or Individual signing coutrnct) nbove, named. Attorney I la is the . (Conlincloi, agent, corpornle olficer, Pro.) of said owner or owners, and is tidy nulhotfzed to perfonu or have performed the said wort n(1 to lnnke end file this appltcalion; Ihal all slalements contained hl This appllcnlion ate true to the best of I& kno edge nd belief; rind that the walk will be potI'mne l In the manner set ,hill orth in the applicndon filed therewith. Swuln In bek"a ale (his 3rd .dny of . •October 19 .96 Nolaiy Public, Gt1lGrifCX~/ n c/ Count LOanA1NE KLOPFF9 Notary Public. State of NewYo* • . . No. 4828373 (Si ai Qualified in Suffolk County gnature of ai l ucnlt) Commission Expl as Noe: 30. TW7 APPLICATION FOR WAIVER UNDER StLfION 100-26 This review is for lots which have separate deeds recorded prior to RE:CEft9983 and- undersized. A merger determination has been issued by OCT /~J ~he Town Building Inspector (copy attac 3 he zoning of my parcel is presently: KK The size requirement for this `zone is: square fee tcmm Cierk parcels. County Tax Map Parcel Nos: 1000."'70 _ 8 30 f 3j 5~te' t" I; (we); Ruth W. Boehling and Ralph B. Wright, Jr. 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 11, 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:i 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of :Southold, that I reserve the r'ght to file for a subdivision and, if necessary, area vari nces3 under the usual procedure. By making this application, I Id t e Town of Southold free and harmless from any and all claim and iabi 'tY resulting from the issuance of a waiver. Q ( A P P l i a°t a d Ow ef) Ruth W. B (A 1 1 c t and' Owner Sworn to before me this Ralph B. Wright,' Jr. 1 day of October 19 96 . Notary Fub l i c NOWY ftffm stw'd w~eAc insu" 8971'7 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next page). zbata.w1295 APPLICANT'S REASON #1: The applicants Ruth W. Boehling and Ralph B. Wright, Jr. are the children of Ralph B. Wright. Ralph B. Wright together with his wife, purchased lots_8 & 9 in Section 1 of Fairview Park, Southold., New York; by a deed dated October 8, 1969. Ralph B. Wright and his wife thereafter, pursuant toga .l; building permit number 9008 dated 12/14/76 built a single family residence on-Lot (l9. The Southold Town Building Department on the 26i:day of July, 1977- issued a Certificate of Occupancy #Z7791 for the house. Ever since Ralph B. Wright and his wife purchased both parcels in 1969 they have received separate tax bills for . lot #8 & 9 and were always under the impression that lot #8 was a valid buildlnT ' lot. On June-5,.1992 Ralph B. Wright in Liber 11532 Page 343 conveyed both lots 8 & 9 to the applicants.. The applicants have continued to, receive separate tax bills for both the vacant parcel and house parcel and were always under the impression that the lot wasa valid'.building parcel which they could either build upon or hold for investment.. They.were just recently advised by the Southold Building Dept; that the lots have merged since they have been in common ownership since 1983 and accordingly are, seeking a Waiver of Merger from the.Zoni,ng - Board of Appleals ,,Under Section 100-26 the Zoniog~Board of Appeals may waive the.merger and recogonize-the.ori.ginal lot lines upon public hearing and the Zoning Board sets forth guide lines io assist the Zoning Board J n making a determination.that a waiver should be granted APPLICANT'S REASON #2: THE FIRST CRITERIA: That the waiver will not result in a significant increase in the density of the neighborhood. A review of the tax records reflect that almost 100% of the -lots in Fairview Park are improved with houses.. The applicants appear to be the only property owners that have a merger situation. Accordingly, granting of a waiver would only result in lot /{8 being recognized as a building parcel which would increase the density of the neighborhood only by one house. Annexed to this Application is Exhibit I. Lots in the area are improved or unimproved, as well as the lot size. A review of Exhibit I makes it clear that only the applicants have two parcels which have been technically merged. ;There appears to be only three other lots whi,ph are vacant but which are in sfgnle and separate ownership and accordingly, would be granted building permits. THE SECOND CRITERIA: That the Waiver would recognize that the Tot is consistant with the size of lots in the neighborhood.. Again, a review of'.:Exhibit I makes it clear that the lot #8 is .468 acres which is consistant with all other lots in the neighborhood as to size. A failure of this Board to grant a Waiver of Merger would result in the applicants being the only property owners in the area that would have a merged parcel double the size of all other lots in the community. THE THIRD CRITERIA: Set forth in the code is that the Waiver will avoid economic hardship. Submitted with:this.application is an appraisal of lot #8 by Peter Kren, a licensed land appraiser, showing that the value of vacant lot .1/8 is $-58,000.OC and that there would be no significant increase to the value of lot #9 if lot #9 had to be sold with lot #8 if a Waiver of Merger is not granted. Accordingly, if the Board fails to grant the Waiver of- Merger the applicants would suffer an -economic loss of approximately 58,d00.b0*,.nE (PLEASE USE'ADDITIONAL SHEETS if'needed ) >w Continued on Rider ~ i APPLICATION FOR WAIVER UNDER SECTION 100-26 (continued) THE FOURTH CRITERIA: The fourth and last criteria is that the natural details and contours and slopes of the lot will not be significantly changed or altered in any manner and there will not be a substantial filling of land effecting nearby environmental or flood areas. The construction of a single family residence on lot #8 would in no way alter the contours of the lot nor is this property near any environmental or flood areas. It is respectively submitted to this Board that all of the criteria set forth in Section 100-26 of the Zoning Code have been satisfactorily addressed and each and every one of the criteria is satisfactory thus permitting the Board to grant a waiver of Merger. EXHIBIT 1 WAIVER OF MERGER APPLICATION OF BOEHLING DIST.SEC.BL.LOT IMPROVED SIZE 1000-70-8-29 Y .48 1000-70-8-30 N BOEHLING VACANT LOT .46 1000-70-8-31 Y BOEHLING HOUSE PARCEL .46 1000-70-8-32 Y .46 1000-70-8-33 Y .46 1000-70-8-34 Y .47 1000-70-8-41 N (Single) .46 1000-70-8-40 N (Single) .46 1000-70-8-39 Y .46 1000-70-8-48 Y .46 1000-70-8-37 Y .46 1000-70-8-36 Y .46 1000-70-8-35 Y .46 1000-70-8-17 Y .38 1000-70-8-17 Y .36 1000-70-8-19 Y .41 1000-70-8-20 Y .41 1000-70-8-21 Y .35 1000-70-8-22 Y .40 1000-70-8-28 Y .46 1000-70-8-27 Y .47 1000-70-8-26 Y .47 1000-70-8-25 Y .47 1000-70-8-24 Y .40 1000-70-8-23 Y .38 1000-70-8-7 Y .50 1000-70-8-8 N (Single) .50 1000-70-8-9 N (Single) .45 1000-70-8-10 Y .45 1000-70-8-11 Y .50 1000-70-8-55 Y .50 1000-70-8-12 Y .50 1000-70-8-13 Y .50 1000-70-8-16 Y .35 1000-70-8-15 Y .34 APPLICANT'S REASON #1: The applicants Ruth W. Boehling and Ralph B. Wright, Jr. are the children of Ralph B. Wright. Ralph B. Wright together with his wife, purchased iots.8 & 9 in Section 1 of Fairview Park, Southold., New York, by a deed dated October 8, 1969. Ralph B. Wright and his wife thereafter, pursuant to 4-..- building permit number 9008 dated.12/14/76 built a single family residence on Lot //9. The Southold Town Building Department on the 26 .day of July, 1977 - issued a Certificate of Occupancy # 27791 for the house. Ever since Ralph B. Wright and his wife purchased both parcels in 1969 they have received separate tax bi.lls`for lot #8 & 9 and were always under the impression that lot #8 was a valid buitding lot. On June.5,.1992 Ralph B. Wright in Liber 11532 Page 343 conveyed both lots 8 & 9 to the appli•cants.. The applicants have continued to., receive separate tax bills for both the vacant parcel and house parcel and were always under,the impression that the lot was-a valid'building parcel which they could either ,build 'upon or hold for investment., They.were just recently advised by the Southold Building Dept, that the lots have merged since they have been in common ownership since 1983 and accordingly are, seeking a Waiver of Merger from the. Zoni,ng- Board of Appl eal s.; , Under Secti,on 100-26 the Zoniog,BOard of Appeals may waive the.merger and recogonize the.ori.ginal lot lines upon public hearing and the Zoning Board sets forth guide lines to assist the Zoning Board in making a determination.that a waiver should be granted APPLICANT'S•REASON #2: THE FIRST CRITERIA: That the waiver will not result in 'a significant increase in the density of the neighborhood. A review of the tax records reflect that almost 100% of the lots in Fairview Park are imoroved•with houses.:-The applicants appear to be the only property owners that have a merger situation. Accordingly, granting of a waiverwould only result in lot #8 being recognized as a building parcel which would increase the density of the neighborhood only by one house. Annexed to this Application is Exhibit I. Lots in the-area are improved or unimproved, as well as the lot size,. A review of Exhibit I makes it clear that only the applicants have two parcels which have been technically merged. There appears to be only three other lo$s which are vacant but which are in signle and separate ownership and accordingly, would be granted building permits. THE SECOND CRITERIA: That the Waiver would recognize that the lot is consistant with the size of lots in the neighborhood.. Again, a review of.-Exhibit I makes it clear that the lot #8 is .468 acres which is consistant with all other lots in the neighborhood as to size. A failure of this Board to grant a Waiver of Merger would result in the applicants being the only property owners in the area that would have a merged parcel double the size of all other lots in the community. THE THIRD CRITERIA: Set forth in the code is that the Waiver will avoid economic hardship. Submitted with,this.application is an appraisal of lot #8 by Peter Kren, a licensed land appraiser, showing that the value of vacant lot 18 is $ 58,000.00 and that there would be no significant increase to the value of lot #9 if lot #9 had to be sold with lot #8 if a Waiver of Merger is not granted. Accordingly, if the Board fails to grant the Waiver-of Merger the applicants would suffer an economic loss of approximately $'S8;0G6.00 w, (PLEASE USE'ADDITIONAL SHEETS if needed-.) = Continued on Rider APPLICATION FOR WAIVER UNDER SECTION 300-28 ~/~e This r"eview is for lots which have separate deeds recorded prior to aYi'MS3 'MS3 and undersized. A merger determination has been issued by. /071-07/4 he Town Building Inspector (copy attachR&~) OCT G 194he zoning of my parcel is presently: The size requirement for this zone is: square fee ; e parcel'. County Tax Map Parcel Nos: looo 70 30 1 L3 TOM Chak SO{3~IO~d ` I (weRuth_ W. Boehling and Ralph B. Wright, Jr. as owners of the / a 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 if, Section 100-26 of the Southold Town Zoning Code. i hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both, (all) lots. 2. Copies of deeds dated prior to June 30, 3983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. i understand that if an unfavorable waiver action is issued by the Town of Southold, that i reserve the r'ght to file for a subdivision and, if necessary, area var nces Tinder the usual procedure. By making this application, I hrold the Town of Southold free and harmless from any and all claims and 1'iabi3ity resulting from the issuance of a waiver. (Applid'aAt,arfii Owzyer) Ruth. W / (A` licaft and Owner) T Sworn to before me this Ralph B. Wright, Ir. day of October 19 96 f / Notary Public % NWy60 x.4=373 Cpmmr oExWtes A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for apolication(to continue an next page). zbata.w1295 m Li o- ~W 23 0.1 > v 09 o N ¢ Q I BU \ o o f EEE~~~ 3 E w Q f S T Y •;~i I Z Z F Y ® O \ O O w j UO E LL o m o v ~ W 1 z o Q ~o m a h o r Q > V t Q CL, o LL z . O .p Z. (n `N Z a y ' I4 0 4 ( ~ ca > cz e ~v I a R? W Z 1 CQ Lu g 0 ~ ~I vl ~ f ~ { w osl 1 Z C bai Q ° m ° ° n ° d{ dt I I t ~ i ~~I ~ I I! i ~ I~ ~ I I I i ! I j j I i I € i I I i I i I I I~ i ~ + I ~ I I t~ I i 1 i I ~ ~ ~ ~ I { I I { II E I S i t I ~ ii I ( J f I-` I ~ ~ I! rT ~1 f f { a ~ ~ L I ~ I I kA -Z~t 020 ff f ¢i ! I kj! 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I-I~IO ~ I s I ~ ! j I t _ I I i I o 0 oI i f m y rn S ..C N, 0) _O j m i n ~ w o o} y l o y I :TO-1 X O'er I ; ' SUFF.'CO. PEALTH DEPT. APPROVAL ~ OVY1~$F8: t R R' aI a}n r i }"°L 'a tf~ l y - l lF°Je ti} 4 AREA P DEM NIA ti. VACA - Y' V i X t j 4 VACAy I a f v t SCALE: y m =o NOT: 'E 'E+A':-O.-2.C:. ,~C t:_aR L..G 1.~i'Fi~ i.ss" ;:iai"'~7~i•. r ::u ^ 2LVAT rti:h CGQ. N-2- 1 ~ :iR+»~ :w~+saas J ;nllkissum~Y`~`~)kit¢~'mat - I I~attkn~~mYrlha~W~+Rk~ ,r, I &aYc2tionllevr. _ Cspiesa`1h s strtYSY~maP~RnEty' etfnYi *r*assetl seal sba0 not'bem ~gK Yobeavditl¢veaopY. :Cxaaanteas'ntlicafetl Freremsh h'.I 1 ."+4. MIytetite''.Monk wh..' 1 ` lsYe~vatl ..nao h` o'ra'B.a,;tro TlTL.E CERTIF. aS ' j 7utnee _i5 c t .y ,i- F 1 tloaC :m Ls w ssisWSeCu'a,4t 7~ I0'FYi al M', A STAMP e,. n,~ Ti ':..li N ei.~d `a`a 1`"i~'^~ ;j l~ 419 P yi SEAL P U F- CO.' a S ,v.u3a ~ U~~ l - GK Vq RODERICK VAN TUYL F. 7- r't }-t ABM, ~1!`,' m vr-+-s->,. l~l,IY C?'`s s LIC. LAND SURVEYORS-GREEN RT, N. Y. . ~C T'= HOLE SUFF. CO. DEPT. OF HEALTH SERVICES STATEMENT OF INTENT ->L APPEALS BOARD MEMBERS ~o~~sOFFO(,~-coG Southold Town Hall Gerard P. Goehringer, Chairman c y~ 53095 Main Road Serge Doyen va Z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4435 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 11/1q/96 APPLICANTS: RUTH BOEHLING/R. WRIGHT LOCATION OF PROPERTY: 290 Custer Avenue, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 8, LOT 31. BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 16, 1996 by the Building Inspector under Section 100-25A for this undersized parcel. FINDINGS OF FACT: Lot size is approximately one-half acre and was created by Planning Board approval on August 1, 1961, referred to as Lot #8 on the Map of Section One, Fairview Park. The dimensions are 115.94 ft. by 175.0 ft. deep. The adjoining lot (Subdivision Lot #9 is improved with a single-family dwelling, built in 1976 during one-acre zoning.) This lot became merged in 1992 due to a Life Estate. Prior to the Life Estate, the lots were recognized as separate lots in different ownership for 23+ years, and met the zoning requirements at the time of creation (1961 by subdivision approval). REASONS: The neighborhood consists of improved lots similar in size;, the grant of this waiver will not substantially increase the density of the neighborhood (for this particular single lot); a denial of the waiver will cause economic hardship to the owners; the county and town parcel assessment records show this as a separate parcel on a 1961 town-approved Map (Fairview Park); the natural details and character of the contours will not be significantly changed or altered, and there is no need to fill or substantially alter the land. MOTION MADE BY: R. Villa SECONDED BY: J. Goehringer ACTION/ RESOLUTION ADOPTED: Granted, as applied. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 4-0. (Member Doyen of Fishers Island was absent, as agreed due to the traveling time and expenpes-h v9iv l ZBA:ik GERARD P. GOEHRINGER; CHAIR N APPEALS BOARD MEMBERS ~o~~gpFFO(,~COG Southold Town Hall ~ y~ Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen W Z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4435 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: ll/lf/96 APPLICANTS: RUTH BOEHLING/R. WRIGHT LOCATION OF PROPERTY: 290 Custer Avenue, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70, BLOCK 8, LOT 31. BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 16, 1996 by the Building Inspector under Section 100-25A for this undersized parcel. FINDINGS OF FACT: Lot size is approximately one-half acre and was created by Planning Board approval on August 1, 1961, referred to as Lot #8 on the Map of Section One, Fairview Park. The dimensions are 115.94 ft. by 175.0 ft. deep. The adjoining lot (Subdivision Lot #9 is improved with a single-family dwelling, built in 1976 during one-acre zoning.) This lot became merged in 1992 due to a Life Estate. Prior to the Life Estate, the lots were recognized as separate lots in different ownership for 23+ years, and met the zoning requirements at the time of creation (1961 by subdivision approval). REASONS: The neighborhood consists of improved lots similar in size;, the grant of this waiver will not substantially increase the density of the neighborhood (for this particular single lot) ; a denial of the waiver will cause economic hardship to the owners; the county and town parcel assessment records show this as a separate parcel on a 1961 town-approved Map (Fairview Park); the natural details and character of the contours will not be significantly changed or altered, and there is no need to fill or substantially alter the land. MOTION MADE BY: R. Villa SECONDED BY: J. Goehringer ACTION/ RESOLUTION ADOPTED: Granted, as applied. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 4-0. (Member Doyen of Fishers Island was absent, as agreed due to the traveling time and expenses involved.) ZBA:Ik GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 October 23, 1996 Re: Ruth W. Boehling and Ralph B. Wright, Jr. Waiver of Merger Our File # 6121 Dear Linda: I am enclosing herewith the following: 1. Copy of survey for Lot No. 9 "Map of Fairview Park-Sect. 1" prepared by Van Tuyl for Ralph B. Wright and Lucy W. Wright. 2. Post Office receipt for certified mail to Mr. and Mrs. Gordon at 485 Gardiners Lane, Southold, NY. The original notice was sent to the Gordons at Custer Ave. and was returned by the Post Office marked "unknown as addressed". 3. Return receipt cards Very truly yours, ~ - A~V~l GFO:lmk A ER OLS Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 Attn: Linda ~S ~ Z~ D o - l~Ql V IP Sec. Ibb-2b NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, i Southold, New York, concerning this property. OWNER(S) OF RECORD: RUT-0 V1. BOE 4+ Ono, DATE OF PUBLIC HEARING: ~ 14 :3z Thu(5,) o. ~ c~ iqq If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. k'r BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 2-qb + 1 ?0 C us TE ud 4 GARY FLANNER OLSEN COUNSELLOR AT LAW VX P.O. Box 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 k.~a~ OCT 291996 October 28, 1996 Re: Ruth W. Boehling and Ralph B. Wright, Jr. Waiver of Merger Our File # 6121 Dear Linda: I am enclosing herewith a copy of a Deed from Southold Development Corporation and William B. Smith to Victor rp1~ Cierach dated November 22, 1965 recorded in Liber 5865 page 100 which is the very first deed creating lots 8 & 9 on the subdivision map. -I am also enclosing a Deed from Ralph B. Wright to Ruth W. Boehling and Ralph B. Wright, Jr., the applicants herein ~v¢ dated June 5 1992 recorded in Liber 11532 Page 343 which is the current deed for lots 8 & 9 on the subdivision map, a ~1^ copy of which you already have in your file. I understand that it will not be necessary for my clients to incur the expense of obtaining a survey for the vacant lot. '6 You have a copy of the Fairview Park, Section 1, subdivision pe{ • map. 6+5,~"~,rp Very truly yours, F ER OLS ^ GFO:lmk Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 Attn: Linda 111b32K3_ b Suodud N.Y.B.T.U. Form 9004- -B9g91" and Svle Dk . vllh Comnmu aplmr Gnnmr. A dlvlduvl ur Corpmuiun. (rlnBl< rhttl) J CONSULT YOUR LAWYER BEFORE SIt NINE THIS INSTRUMENT. THIS INSTRUMENT SHOULD EE USED BY LAWYERS ONLY considera ..ion THIS INDENTURE, made the 4- day of June nineteen hundred and ninety-two BETWEEN RALPH B. WRIGHT, who resides at 290 Custer Avenue, Southold, State of New York, County of Suffolk, as surviving tenant by the entirety OT 8 ISTRI_C_T_ 1000 party of the first part, and RUTH W. BOEHLING, who resides at 24 Bonnie Kay Court, Sayville, State of New York, County of ECTION Suffolk and RALPH B. WRIGHT, JR., who resides at o70,00 2 Passage de la Fin, 1217 Meyrin, Switzerland, as tenanta in common. LOCK -D 8.1p party of the second part, OT WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration 0 31.0to 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, OT 9 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ISTRICT lying and being in the Town of Southold, County of Suffolk, and State of 1000 New York, known and designated as Lots Numbered Eight(8) and Nine (9) on a certain map entitled "Map of Section One, Fairview ECTION Park, at Southold, New York, dated July 12, 1961" filed in the D 70~ Suffolk County Clerk's Office as and by Map No. 3388 on August 9, 1961. LOCK D8 .D SUBJECT to covenants and restrictions contained in the deed to the party of the first part and being and intended to OT be the same premises conveyed to the party of the first part by deed dated October 8, 1969 and recorded in the office of 030- the Clerk of Suffolk County in Liber 6641 Page 130 on October Q 16, 1969. SUBJECT to a life Estate in the Grantor, RALPH B. WRIGHT. lB'ro `:t0t IJn3 " / Rt~`i:~l'iL ~.U c REAL E~ )1r S.P 8 , TRSUFFER TAX OLK OUNfY 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 partfi 'compliance with Section 13 of the Lien Law, covenants that the party of the first part will.receive the-c siXeration 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 r 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 indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALP B. WRIGH M326'3441 STATE OF NEW YORK, COUNTY OF S6olk SS1 STATE' OF NEW YO.000NTY OF $E: On the day of June 19 92 , before me On the day of 19 before me personally came personally came RALPH B. WRIGHT to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. t o ary Public +AMES A SCHONO-SAKE is"" PuWk. Son of Nw, 1Lf! No 824517113 01wIMfW N SUf1oKf qq2,~( ComR+ipip, f~kp taw. EBB, 1R,yJ STATE OF NEW YORK, COUNTY OF $te STATE OF NEW YORK, COUNTY OF SS! On the day of 19 before me On the day of 19 before me personally came personally came to ire known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, beingg by me duly that be is the sworn, did depose and say that he resides at No. of that he'knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was. present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 'Margaitt nub OnIr Mrrd WITH COVENANT AGAINST GRANTORS ACTS SECTION 70 TITLE NO. BLOCK g RALPH B. WRIGHT, as surviving tenant LOT 31 by the entirety COUNTY OR TOWN SUFFOLK TO RAUTH W. WRIGHT and RALPH B. WRIGHT, JR., Recorded at Request CHICAGO TITLE INSURANCE COMPANY STANOARO FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by James A. Schondebare Traveler Street CUR"41iO TITLi! P.O. Box 1018 I1WOUN11ANVIC COMPANY Southold, New York 11971 Zip No. 11971 W U LL W Q Z C• ~f~ nn , k W r 8 ~ tr~a U°j ZZ : 11~ 6 N N_ H W 7 K W ~Id....J ! I Ili" _•~YL i. eynllM~~-9~.t Li1I IyI ~f , rY.?.. r..',.~.v _ ~I -.-~r'.Ileli. :{iru. ul~~~~ _ • u C\ O •1 u .r 4 [y ~ A a v V 70 , ii - - _ '=J _ r?••'/ ~ all ' 1 I• l - z T. r~ sir an • ~ ~ 1 yS - _\vL- -yr1' - r! '•11,. pa L. ~r ~ \r..•: 1•L[La[yK~ • _ ~ \rz r1-• _ Y.,• r~ Y - ~I ~ "Z' 1--!- - - © COUNTY OF SUFFOLK SOUTNOLO p#.. 1- - - _ I - Real Iro0r y TYK Svicr A,.." wY~ • 070 70 t • ? 0..d.d, t I„ Ns Ywl 1000 i• ~O L / ~ a_~L..Ar I[OIF[IT YAI Icon m a?I - ~z .s cvr auee a6u S • / ~ i n~~rtn~ Fe's. / ~ ~ Pill 1 11 LIP 111111'1 OFFICIACT" RECEIPT 2,045.02 OWNER : DOEHLING RUTH W h F SECOND HALF: 0.00 LOCATION: CUSTER AVE PENALTY: 0.00 PAYOR: BOEHLING RUT14 W OTHER: 0.00 BOEHLING RUMIWT9 TOTAL AMOUNT PAID: 2,045.02 WRIGHT RALPH B JR DATE OF PAYMENT:011096 24 BONNIE KAY COURT = METHOD OF PAYMENT:CHECK SAYVILLE NY 1178,. BATCH ID:95MB078 BILL NUMBER: CHECK NUMBER : 000t00 008i0:3 RECEIVER OF TAXES SWIS TAX MAP NUMBER 473889 70.-8•-31 MARILYN B. QUINTANA 53095 MAIN ROAD P.O- BOX 1179 SOUTHOLD, NY 11971-0959 a _E IOU4 S_;UTHOL'D CUNS.'01_10A`iF_.G ~.lc:'.+'r i; OFFICIAL TAX RECEIPT FIRST HALF: 227.23 OWNER: BOEHLING kUlFl W & y SECOND HALF: 0.00 LOCATION: CUSTER AVE ~ P'ENAL'TY: 0.00 PAYOR: BOEHL.ING f4JIll W OTHER : 0.00 MAIL TO BOEHLING RUTH W & TOTAL AMOUNT PAID: 227.23 WRIGHT RALPH B JR 3 DATE OF PAYMENT:0ii096 j 24 BONNIE KAY COURT ME'T HOD OF PAYMENT : CHECK BATCH ID:95MBO'78 BILL NUMBER: RECEIVER OF TAXES CHECK NUMBER:00010i 008102 SWIS TAX MAP NUMBER i. 473889 70.-8--30 MARILYN B. OUINTANA e 53095 MAIN ROAD t I'.0- ]BOX 1.17ti' 901"T H(71_D, MY f. i9'71-09 9 N b (of s~4 .`:,`,,~~.`m&'~R@""a S i a ~i ~k`"b°io~ss' F. ~y , r ~yxJi .~~L'R r 3~^yG~~~~'6`,g y.y < vo'y~' tkP `44'q~<~ 34~p4.~~? k•h`~'CSoy~<md:KY~pC4~~~'~,£i~or§`~E?`fi 4Sf: , r 4ir £k''~'~Y•ru> 2 t k°8°^'¢Yx r 3 x d o°ao:~x; F rx ) < 4:. \3', ,6 b'~ ` 4 ,(~y k 25~. ~ y)~~.4 4> qb 4 140.°, R 3'^ V £'F ~;3 ~i ~y' 3 r~:o . S °M:.i fii:. ~3a: ..r,?:a ~r ..yrz;: •u.a .a.. v: per. « >:E'.°s• a'.v~i: 3Z4:..;e*: y.:. 4x. H,3,:&t3.,:s.>.R:..3..,3:~. z:k v i Subject Address 290 Custer Avenue "r Legal Description 1000-70-8-31 City Southold >r; t County Suffolk j State NY Zip Code 11971 Census Tract 1702.01 Map Reference Hag/29/x41 Sale Price $ n/a Date of Sale n/a Borrower / Client William Price, Esq. Lender Ruth Boehling & Ralph Wright, Jr. Size (Square Feet) 2,175. - cape style Price per Square Foot $ 89.66 Location average Age 20 years approximate Condition good Total Rooms 8 Bedrooms 4 Baths 2.5 Appraiser Laurie Hathorn/Andrew Stype Date of Appraised Value 1/5/96 s• ~y~i 1 R " t f X 1 4 la ~ ~}e r5?. yfa~,'~` a°"ra '.i r~t{7~e ~~sA~~ S 7/• 0~ w YP 1 e5 [ 4 AYS. m ,i,~. ~i+u A i6 1 i it / IV, ~~y'1'~~ A WA, 'S.. Y.' 'f.. 9 F 50 i " .7b` s r as sk` J + ~u 1,.~` d; 1.~ i rat w ;~a ~ tn' ! 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A I = a m } N s0 N N Is lu t • +a i ' T Z '9aTXML ,w .w • ,r 1 Y ad • w x .u u [ 4a r t. f w l N Cpl- Om. Ort ! IV y{,u~ i 79 t r' NNI LtA TOMX Yt.s Icro1• xV fs.t J _ j/~/' _ •aM<oo t ~ xe ~ HIr140 e i ru F- 6] IT 1 IYTEM ~ ~ LIM 3 it i } ~'r ~ awrsu .t - m• T \ u, Lt °t p..0.7 at. wuu wws u.xwmt, xu ~xORxnn xu.ml xl { 6 C. "N"i k 94 Kai rv ,J• m nrxn ws .1LArlw Tnml: ~i nxxaa si.e • 6 ~ , txa,T.~ 1 ,il n Y rurr~Ir mar. I [c}~• ! UI,aL MXIA. lp 6 L c..xl.w 'Y` I 1 11 [''~46'9ilreY`•'R. IF 119^"~y-o ~~q•^~~ii nxar4•LYx 1,• a. a yV~'^ a..u x.,...o~X..~~_T.~Arw1. MrxLwPd a.~-,iraro•.xu.~. ice. ~Lrr •6nui^m. n_.,.:.. .+4'~.a.la-.-,:I~Rj]'•ft3'P n~"f$':~N{f~it",r.•e'. ..s •w'dr~l7' IE7~I~f IIf'Ink-+3~., III~~~Ii' •~ta~aF~OC~ -4k AN r. di "F~~ Iatl T IT 1 I QilRiil~ xw~.•]-•~ Y.,. 9,rL~ ~!VrY s. L VII~....4 19r1 . 9 1^.,u II ~x~. I'1~I IhP " `9'141^:i l lfI I ~ inuXx I~Illllllj ~'9>:XwXM ~ II I II r' t APPEALS BOARD MEMBERS ~o~0$UFFO(k~o O Southold Town Hall Gerard P. Goehringer, Chairman a yt 53095 Main Road Serge Doyen C4 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1996 Gary planner Olsen, Esq. Box 706 Cutc ? Cutchogue, NY 11935 Re: Your Application Filed for November 14, 1996 ZBA Hearing Dear, nt: As confirmation of the time and place of your recent application, we enclose a copy of the Legal Notice which will be published by our office in next week's issue of the Long Island Traveler-Watchman, Inc. Also, enclosed is an Affidavit of Posting concerning the town's sign which was handed to you earlier. Please be sure to check that the sign meets the (minimum) requirements of Chapter 58 copied on the reverse side of the Affidavit. Please complete the attached Affidavit of Posting and return it, by mail or in person, to our office prior to the day of the hearing (if possible). If you have any questions, or if you wish to review your file for updates on late correspondence or other information from interested parties, please feel free to stop by or contact any one of us between 8 and 4 p.m. Very truly yours, Linda Kowafski MaryAnn Cybulski Noreen Frey Enclosures sory Bed and Breakfast Use in 7:50 p.m. Appl. #4433- BOARD OF APPEALS conjunction with his residence at FRANCIS & CHRISTINA TOWN OF SOUTHOLD 14909 Main Road, East Marion, DOYEN. This is an application NOTICE OF HEARINGS NY. This Bed and Breakfast Use based upon the October 9, 1996 NOTICE IS HEREBY must be accessory and inciden- Action of Disapproval by the GIVEN, pursuant to Section 267 tal to the owner's residence at this Building Inspector under Sec- of the Town Law and the Code property, and is limited to the tion 100-25A. Applicants are re- of the Town of Southold, the rental of three bedrooms within questing a Waiver which has following applications will be the existing residence and serv- been provided by Article 11, See- held for public hearings by the ing of breakfast to not more than Lion 100-26 for undersized lots SOUTHOLD TOWN BOARD six casual and transient B&B held in common ownership. Lo- OF APPEALS, at the Southold roomers. Property ID: 1000-23- cation of Property: ROW off Town Hall, 53095 Main Road, 1-2.3.Also referred toasLot#l Hedge Street, Fishers Island, Southold, New York 1197 1, on on Minor Subdivision approved NY; Parcels as combined now THURSDAY, NOVEMBER by the Planning Board on or known as # 1000- 10-7-26.1 (for- 14, 1996: about 11/24/80. merly 17 and State-owned land 7:30 p.m. Appl. No. 4425SE- 7:40 p.m. Appl. No. 4421- without a County Gisela Morchel, owner. HENRY TRAENDLY. This is 7:55 p.m. Appl. No. 4428- Carryover hearing for a proposed an application based upon the VINCENT AND EDNA Accessory Bed and Breakfast July 12, 1996 Notice of Disap- OUATROCHE. This is an ap- Use at Main Road and Crown proval by the Building Inspector, plica6on based upon the Septem- Land Lane, Cutchogue.) in which applicant is requesting ber 23, 1996 Action of Disap- 7:32 p.m. Appl No. 4435- approval of berm with fence "as proval by the Building Inspector RUTH W. BOEHLING and R. built," at a total height above the under Section 100-25A. Appli- WRIGHT. This is an Applica- four feet limitation of Article cants are requesting a Waiver tion for a Variance based upon XXIII, Section 100-231, for this which has been provided by Ar- the October 16, 1996 Action of front yard area. Property known ticle II, Section 100-26 for un- Disapproval by the Building In- as 13220 Main Road, East dersized lots held in common spectorunder Section l00-25A. Marion, NY; Parcel Id.#1000- ownership. Location of Property: Applicants are requesting a 31-14-12. - Vacant land known asl30Sun- Waiver which has been provided 7:45 p.m. Appl. #4434 ROB- set Lane, Greenport. County Par- by Article II, Section 100-26 for ERT TURNER. This is an ap- cel ID #1000-33-4-69 which ad- undersized lots held in common plication based upon the Octo- joins applicants' house referred ownership. Location of Vacant ber 10, 1996 Actions of Disap- to as #160 Sutton Place (1000- Land: 180 Custer Avenue, proval by the Building Inspector 334-70). Southold, NY, 1000-70-8-30, under Article XXIII, Section 8:00 p.m. Appl. #4424- which adjoins applicants' house 100-239.413, and under Article EILEEN MORINI. Owner. at 290 Custer Avenue, 1000-70- III, Section 100-33C, in which 8-31. Also shown on the Map of applicant is requesting approval, Fairview Park, Section One situ- either as a new permit or as an ate on Pine Neck, approved by amendment to building Permit the Southold Town Planning #15772 basedonthe sketch sub- Board on 8/l/1961. mitted for approval by the Build- 7:35 p.m. Appl. No. 4431 SE ing Inspector in March 1987, NORMAN WHITEHEAD concerning the deck addition Owner. This is an Application within 75 feet of an existing under Article III, Section 100- bulkhead adjacent to a tidal wa- 31 B(15) for a proposed Acces- ter body, and the front yard ac- cessory shed, as built. Location of. Property: 1200 West Lane, Southold, NY; Parcel ID # 1000--- 31-14-12. 1 the June 27, 1996 Action of Dis- approval by the Building Inspec- tor under Article III, Section 100-30A.3, for a deck addition, as built, due to an insufficient VIII, Section 100-81 A, for a Use rear yard setback, at 2110 Cox Variance based upon tenant's Neck Road, shown on the di- application to the Building In- vision Map of Tollewo od, spector for a car rental business. Mattituck, NY; County Parcel The Variance shall also address #1000-113-10-2. 8:15 p.m. Appl. #4436- JU- the proposed outdoor yard area 8:05 p.m. Appl. #4443- SEPH and MAUREEN for showing of vehicles for rent MARIE TOBER Owner. This is an application based upon the FRAZZITTA. This is an appli- in an area to be designated un- October 9, 19. cation based upon the March 29, der this use variance, if allowed. q6 Action of Dis- 1996 Action of Disapproval by The grounds for which the June approval by the Building In tor under Article lI, Section 100- - the Building Inspector under 3, 1996 Building Inspector's ac- Article XXIII, Section 100- tion was issued are: Automobile Waiver Applicant is requesting a 239.4(B), in which applicant is rental use is not a permitted use by Ae which proposing to construct shower/ in this Limited Business (LB) Section tion 1 100-26 provided by Article If, S for r undersized lots held in common storage room addition, at less Zone District Location of Prop- ownership. Location of Property: than 75 feet from the bulkhead er[ 73625 Main Road, Vacant land known as 100 Wood and which does not meet the GreenPort, NY; County Parcel minimum required total side No. 1000-45-3-2. Size: 5+ acres. Lane, Greenport. County Parcel ID #1000-4-4-33 which adjoins yard setbacks (35 fee[), per Ar- The Board of Appeals will at applicants' House at #55 Inlet ticle XXIV, Section 100-244. said time and place hear any and all persons or representatives Lane, Greenport, NY (1000-43- Location of Property: 1420 Inlet ir4-38). Way, Southold, Cedar ar Beach desiring to be heard in the above Park Lot #97, filed in 1927; applications. Written-comments 8:10 P.m. LONG ISLAND County Parcel #1000-92-1-6, may also be submitted prior to LIGHTING COMPANY containing 21,772s.f. the conclusion of the subject concerning premises presently 8.20 p.m. Appl. #4401- hearing. The above hearings will owned by STYPE . BROS. REAL ESTATE DAVID DEFRIEST, Tenant. not start before the times desig- 8550 INC INC. referred to as (vacant land) Main Road, (and Mr, and Mrs. Joseph nated, and some may be Matt files attituck (near Laurel), identi- Gnozzo, as Owners). The Board, carryover hearings The fled as 1000-122-7-6.6, further on its own motion, reopens the may be reviewed during regular subject hearing closed July 24, business hours for updates or identified 5,798 s.f. as sh as showwnn on the sub- ubb- - 1996 for further factual informs- new information. If you have 35,79 . division of Map of."Frank tion from applicant, etcetera. questions, please also do not The applicant is requesting a hesitate to call 765-1809. Murphy Garden Center" ap- Dated: October 30, 1996 proved by the Southold Town Variance based upon the June 3, ORDER OF THE Planning Board 4/12/1982. Ap- 1996 Building lnspectoes Notice BY plicant, as contract vendee, is of Disapproval under Article SOUTHO R OF THE BOARD OF D TOW S requesting: GERARD P. (a) Appl. No. 4429SE- Spe- GOEHRINGER, Chairman cial exception for Use of Vacant By Linda Kowalski Land as shown on plot plan for a I X-11/7/96(163) compressor station building with fence enclosure in this "B" Gen- eral Business District. (b) Appl. No. 4430- Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of6 feet when located in the front yard, and which ex- ceeds 6 1 /2 feet in or along side and rear vards. 0 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for weeks successively, commencing on the day 0 ...............~1/...~? ,19. G Sworn to before me this ..........~............daygof ........................111 ,195/ 13............. .a........ .l.......~ Notary Public BARBARA A. SCNNEIDER NOTARY PUBUC, State of New York No. 4606846 Qoass in Suffolk Ceu Commimission Fxpir~ 8131118 M N Note to Applicant: Please try not to remove sign until day of the hearing. Only seven full days is required for posting, but it may, of course, remain longer. Thank you. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x in the Matter of the Application of RUTH W. BOEHLING and RALPH B. WRIGHT, JR. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Gary Flanner Olsen , residing at 660 Oakwood Drive, Southold, New York, being duly sworn, depose and say: That on the 4th day of November , 1996, I personally posted property known as " Custer Avenue, Southold, NY 11971 " by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the Poster has remained in place for seven full days prior to the date th public hearing (date of hearing noted thereon to be held NOV. 14, 1996 The sign may have blown down during said time per Dated: Nov. 14, 1996 . (signature Sworn to before me this 14th day of November , 199 6 . 4Laa ubli c LORRAW KLOPFEP ""V PuWkW SN or N*W 0rk 4828373 Ousmed in Suffolk Coumy Communion Expirm Nov. 30, 1 NYC r M ' D ?E2 specific parcel(s), notice shall be provided pursuant to Chapter 58. If. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the same shall fix a _ i (If ads tionai space is needed, attach pag _ the same size as this she:t, and nurn Ier each.) DOS-239(Ro .7,91) (I) ~V time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to sand notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in the applica- tion. Such notice shall be made by certified mail, return receipt re- quested, posted at least seven (7) days.prior:to the',44to of the initial public hearing on the application, and addressed to the owners at the addresses listed for them on the local assessment roil. The applicant or agent shall 91e an affidavit that s/he has complied with this provision. APPEALS BOARD MEMBERS • ~~SUFFO(~ co • - ~O p Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen y = P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 53.E.Q.R.A. November 14, 1996 TYPE II ACTION DECLARATION Appeal No. 4435 Project/Applicants: Ruth W. Boehling and R. Wright County Tax Map No. 1000- 70-8-30 Location of Project: 180 Custer Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Request for Waiver under Article II Section 100-26 This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • gUFFO(,tCO 9 G JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK y Z P.O. Box 1179 y • Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 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. 4435 DATE: OCTOBER 23, 1996 Transmitted is an application for a waiver submitted by GARY FLANNER OLSEN, ATTORNEY on behalf of RUTH W. BOEHLING E RALPH B. WRIGHT together with Notices to Adjacent Property Owners; Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department and survey. Judith T. Terry Southold Town Clerk GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 RECEIVED October 17, 1996 O CT 3 1533 Re: Ruth W. Boehling and Ralph B. Wright, Jr. SoudwidTown CMrk Waiver of Merger Our File ft 6121 Dear Linda: I amAjenclosi herewith the following: 1. Appeal Application. 2. Notice to Property Owners and mailing receipts. 3. Tax Map. 4. Notice of Disapproval from the Southold Town Building Department dated October 16, 1996. 5. Short Form Environmental Assessment Form. 6. Questionnaire. 7. Check in the sum of $150.00. 8. Real Estate appraisal of Peter Kren dated October 10, 1996. 9. Copy of deed dated June 5, 1992 recorded in Liber 11532 Page 343. 10. Letters of Consent from applicants auth 'zing me to act on their behalf. Very trulf yours, 2aR FIJ~b E LSEN GFO:lmk Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 Attn: Linda DOAI(D Or AI!PEALS f011N Ur SOUL IIOLD In the Mailer or the f ctillon of NOI ICE Ruth W. Boehling and_Ralph B. Wright, Jr. ro to the 0~arr) of Alyea(if the Town of SouiholJ p110VE1l'ry 014111;11 TO: Mr. and Mrs. Joseph Gordon Peter and Anna Maria Belz Edward J. and Margaret Mary Erdman Mr. and Mrs. Chester A. Berry Gerald and Jean Worysz Laren Praus, Nancy L. Alexander YOU Altr IIEREUY GIVrN I,IUIICE: 1. TIr31 it is the Intention of the undersigned to petilloo the Iloard of Appeals of the fnwn of Southold it) lequesl a.(Vari.nlce) (Special Exceptloo) (Special 11ennll) Ocher. f elr:cl.e choice) - - - - Waiver of Merger ----j-----1- 2. 1ha1 the property which is the 5111) jecI of the 1'etitlurl is located ad~acenl to your properly and is des Bribed as follows: Bounded on the North by Custer Avenue, East by Bel z• South by Worysz, Praus and Alexander; West by Gordon _ ' 3. Thal the pruperly which Is the subject of such Pelition Is Iocated In the folluwinp, rrndng di5trlel:- _wr R-40 1 (hat 61 Bulb I ttition, the undersigned will Icquest the Iollowinll relief! Waiver of_Merger _of lots 8 & 9 (map of _Section 1, Fairview Park, at Southold.,_ t dated July 12, 1961). - 5. Thal the provisions of the Soulhold Town Zoning Code applicable ro the relief sought by the rlnder- signedare Afticle, I_1 _ seem-on-100-25A & 26 . cost, , 6. lbal witbitr five days host the date hereof, a written Pethlun requesthrg tile relief specified above will be filed br the Soulhold Town Clerk's Office 11 Malik itl S o(lib ld, New York and you may then and Ihele exaoloe the salve during regular office hums. (51(y) 7. That before the relief sought may he granled, a public healhrg roust be held on the nranet by the Iloard of Appeals; that 1 IlllllCe I1f such ILollgrhla111lfllbe. avelet1published 1nrckawatlchmau` nlewshlpells ptddithedlin the j hearing in the Town of Southold and designated for the publication of such nr Ice3; that yo Jr our representatlve bwe file right 1o appear and be heard at such hearing. Datedt October 17, 1996 J 7 JJA r Hfinuei 9 t, Will r' S' Ni1111P. s: /c ,ary.-E13m7Px_.O1se >.E5q. Posi Ulllce Address Cutchogue,_NY 11935 IpI. No ( 516 ) 734-7666 [Copy of sketch er plan showing prupusaI to be al; Laclip d for Co nveIt lence purposes.) ,i r _ V !'li~Qf ~1f_h1A1LlNC OF jjgTJsk ATTACH CERTICIED MAT[. RECETPTS rJ~ct~ at?t?tits Mr. and Mrs. Joseph C. Gordon Custer Avenue, Southold, NY 11971 Peter and Anna Marie Belz 21 Renwick Avenue, Huntington, NY 11743 Edward J. and Margaret Mary Erdman 145 Custer Avenue, Southold, NY 11971 Mr. and Mrs. Chester A. Berry Custer Avenue, Southold, NY 11974 Gerald and Jean Worysz 4 Telix Place, Amityville, NY 11704 Lauren Praus 275 Clearview Avenue, Southold, NY 11971 Nancy L. Alexander 345 Clearview Avenue, Southold, NY 11971 .s trim ~r S I A I E• OF NL%V YOItK. ss.; COIIN IY OF SUFFOLK ) Lorraine Klopfer _ residing at 2140 Delmar Dr.. Laurel. NY 11948 being drily sworn, deposes and says Ihat on the /7 day of October 19 96, deponent nailed a Ifue copy of the Notice set forth on the re- verse side Irereuf, directed ro each of the above-natlled persons at rile addresses set opposite their respective metres; that rile addresses set opposlic the names of said persons are the addresses of said persons as drown on the csrrreur assessment roll of the Town of Southold; that said Notlces were nralled At lire United States Post Of. lice at _ Cutchoque - r ; slut said Notices were mailed to each of sald persons by (ecrtilicdl (rcglstcrcdt mall ~n day (it Oct_ob Swum lu beforae7IE- GARY FE'r'-'.NER OtSEN "aryl' oiia'? gr Aiwyork Qt a4 r w3 in Su.otk Co3Myig r t . Cemrnssstan £rprres: March 30, r (ll,ts side. does not have to be coaipIateit on form fransioILIId 110 adJnlnIng property ownurS.) APPLICATION FOR WAIVER UNDER SECTION 100-26 (continued) THE FOURTH CRITERIA: The fourth and last criteria is that the natural details and contours and slopes of the lot will not be significantly changed or altered in any manner and there will not be a substantial filling of land effecting nearby environmental or flood areas. The construction of a single family residence on lot #8 would in no way alter the contours of the lot nor is this property near any environmental or flood areas. It is respectively submitted to this Board that all of the criteria set forth in Section 100-26 of the Zoning Code have been satisfactorily addressed and each and every one of the criteria is satisfactory thus permitting the Board to grant a Waiver of Merger. EXHIBIT 1 WAIVER OF MERGER APPLICATION OF BOEHLING DIST.SEC.BL.LOT IMPROVED SIZE 1000-70-8-29 Y .48 1000-70-8-30 N BOEHLING VACANT LOT .46 1000-70-8-31 Y BOEHLING HOUSE PARCEL .46 1000-70-8-32 Y .46 1000-70-8-33 Y .46 1000-70-8-34 Y .47 1000-70-8-41 N (Single) .46 1000-70-8-40 N (Single) .46 1000-70-8-39 Y .46 1000-70-8-48 Y .46 1000-70-8-37 Y .46 1000-70-8-36 Y .46 1000-70-8-35 Y .46 1000-70-8-17 Y .38 1000-70-8-17 Y .36 1000-70-8-19 Y .41 1000-70-8-20 Y .41 1000-70-8-21 Y .35 1000-70-8-22 Y .40 1000-70-8-28 Y .46 1000-70-8-27 Y .47 1000-70-8-26 Y .47 1000-70-8-25 Y .47 1000-70-8-24 Y .40 1000-70-8-23 Y .38 1000-70-8-7 Y .50 1000-70-8-8 N (Single) .50 1000-70-8-9 N (Single) .45 1000-70-8-10 Y .45 1000-70-8-11 Y .50 1000-70-8-55 Y .50 1000-70-8-12 Y .50 1000-70-8-13 Y .50 1000-70-8-16 Y .35 1000-70-8-15 Y .34 (uuj+dlIoso(I) uollllouw(( ' uu n1a 11OIIIPpV ' • " • • • •X . pulPlllltl MaPI ~(al Id du goplA+>foago)ywn~ to ant - II IIV asnOH GARY FLANNER OLSEN COUNSELLOR AT LAW PO. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 HAND DELIVERED October 3, 1996 Re: Ruth and Ralph Boehling Lot Merger Gentlemen: Enclosed please find the following: 1. Application for building permit (merger situtation). 2. My attorney's check in the sum of $25.00. The applicants own the following tax parcels - 1000-70-8- 30 and 31. Lot 31 is improved with a residence and 30 is vacant. I understand that you will be issuing a No •ce o Disapproval so that I can apply for a Wai er of M rger from the Zoning Board of Appeals. Very ~ ly/yours, j GARY LANNER OLSEN GFO:lmk Enclosures Southold Town Building Dept. Town Hall - Main Road Southold, NY 11971 • 0 GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 October 6, 1996 Re: Boehling & Wright - Waiver of Merger Our File # 6121 Dear Mr. Wright: Let this confirm that I am presently awaiting a Notice of Disapproval for a building permit for the vacant lot. I have the application and all supporting documents ready to file with the Zoning Board once I obtain the Notice of Disapproval from the Building Department. Please sign a copy of this letter authorizing me to sign the Zoning Board Application and miscellaneous documents, on your behalf, as your attorney. Very truly yours, GAR' FTA~Y ER OLSTtN GFO:lmk Ralph B. Wright, Jr. 10 Cheryl Lane Patchogue, NY 11772 I hereby consent that Gary Flanner Olsen may sign documents on my behalf in connection with the application to the Southold Town Zoning Board of Appeals and Building Department in connection with filing for a Waiver of Merger. lph B. Wright Jr. GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 October 8, 1996 Re; Boehling & Wright - Waiver of Merger Our File # 6121 Dear Ms. Boehling: Let this confirm that I am presently awaiting a Notice of Disapproval for a building permit for the vacant lot, I have the application and all supporting documents ready to file with the Zoning Board once I obtain the Notice of Disapproval from the Building Department, Please sign a copy of this letter authorizing me to sign the Zoning Board Application and miscellaneous documents, on your behalf, as your attorney. Very truly yours, GARY FLANNER OLSEN GFO:lmk Ruth W. Boehling 29 Bonnie Kay Ct. Sayville, NY 11782 I hereby consent that Gary Flanner Olsen may sign documents on my behalf in connection with the application to the Southold Town Zoning Board of Appeals and Building Department in connection with filing for a Waiver of Merger. ,L^ Affth W. Boehli g 0 0 SNORT ENUR01PREttTAL ASSESSMENT FORM IIISTRCCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the M likely impacts of the action. It is not expected that additional studies, research 00 or other investigations will be undertaken. 'i (b) If any question has been answered Yes the project may be significant and a ut completed Environmental Assessment Form is necessary. r (c) If all questions have been answered No it is likely that this project is not significant. ut (d) Envirpr_mental Assessment 1. Will project result in a large physical change i to the project site or physically alter more t~ than 10 acres of land? . . . . . . . . . . . . Yes X No m 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . Yes X No z 3. Will project alter or have a large effect on an existing body of water? . . . . . . . . Yes X No v - 4. Will project have a potentially large impact on 0 groundwater quality? . . . . . . . . . . Yes X No a~ 7 5. Will project significantly effect drainage flow O on adjacent sites? Yes X No 6. Will project affect any threatened or endangered ro plant or animal species? . . . . . . . . . Yes X No 0 x 7. Will project result in a major adverse effect on C air quality? . . . . . . . . . . . . Yes X No C 'b 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the community? . Yes _ No N 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a criti^=1 0 environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or O future recreational opportunities? Yes X No 10 b 11. Will project result in major traffic problems or cause a major effect to existing transportation m m systems? . . . . . . . . . . . . Yes X No 0 12. Will project regularly cause objectionable odors, tr' noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No C O 13. Will project have any impact on public health or N safety'' Yes X No C 3 1L. Will project affect the a sti community by E directly causing a ercw in iZmanent popula- tion of more than 5 pe cent over a one-year b period or have a majoi ne.Zative effect on the 0 character of the corhu , or neighborhood?. Yes X No +J 15• Is there public cfdnt v. rs^ /f ~Qfu;erning the project? Yes X No PREFAIER' S 'IT , REPRESENTING: Ruth W'Boehl i ng and DATE: ~ 9/1/78 Ralph B. Wright, r. OUESTT-O~(11 PQP FILING WI111 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: ($eparate sheet may be attached,) Ralph B. Wright, Jr. Ruth W. Boehling H. Is the subject premises listed an the real estate marker- for sale or being shown to prospective buyers? { } Yes (X } No, (If Yes 1. please at: ar1Z cony of "condi-ieas" 03E Sale-) C, Are there any mraposa]s to change = alter Lid c-cu-ccr,-2 [ } Yes (X) No D, 1. Are there any areas which cantain wetland grasses? No 2, Are the wetland areas shown an the map submitted with this application? No. 3, Is the property bulkheaded between the wetlands area and the upland building area? No 4, "If your property contains wetlands or pond areas, have you contacted the Office of the Town T-ustees 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 fenc_c which esis: and are not shown cm the survey map that you ar- submitting? None If none exist, please state "none-" G, Do you have any const.-uction taking place at this time concerning your premises? No 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 awn other land close to this parcel? Nn If yes, please explain where or submit conies of deeds- 1. Please list ? se t use or operations conducted at this parcel Vacant L'd and proposed use tng amt y esi ence G Aucaor-i,.e iy'. aC'!:e ana Dace 3/97, l.o/4ot.'< li 11'~32Pb . 4 a. Standard N.Y.S.T.U. Form BOOR-ROM -Bargain anti Sale Deal, with covenants against Grantor's Ac dl,idval ur Co until un. (single rhea) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD 1E USED BY LAWYERS ONLY considera- tion THIS INDENTURE, made the J' day of June nineteen hundred and ninety-two BETWEEN RALPH B. WRIGHT, who resides at 290 Custer Avenue, Southold, State of New York, County of Suffolk, as surviving tenant by the entirety ,OT 8 IISTRICT 1000 party of the first part, and RUTH W. BOEHLING, who resides at 24 Bonnie Kay Court, Sayville, State of New York, County of :ECTION Suffolk and RALPH B. WRIGHT, JR., who resides at 670.1 2 Passage de la Fin, 1217 Meyrin, Switzerland, as tenants in common. 3LOCK 08-OU party of the second part, ,OT WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration 031.0 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, ,OT 9 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, IISTRICT lying and being in the Town of Southold, County of Suffolk, and State of 1000 New York, known and designated as Lots Numbered Eight(8) and Nine (9) on a certain map entitled "Map of Section One, Fairview SECTION Park, at Southold, New York, dated July 12, 1961" filed in the b 70.CV Suffolk County Clerk's Office as and by Map No. 3388 on August 9, 1961. 3LOCK D8 ED SUBJECT to covenants and restrictions contained in the deed to the party of the first part and being and intended to ,OT be the same premises conveyed to the party of the first part by deed dated October 8, 1969 and recorded in the office of D30•600 the Clerk of Suffolk County in Liber 6641 Page 130 on October Q 16, 1969, `I yC~~ SUBJECT to a life Estate in the Grantor, RALPH B. WRIGHT. as oaoe laaNr' 3`.`irs title n REAL EIS-111"' ,P 8 r °y TRSUFFOLK AX COUNTY 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 partpi~.'``compliance with Section 13 of the Lien Law, covenants that the party of the first part vl,M,reeeive the'2onsioeration 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 r 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 WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: \ kP:: WRIGH r 11532N344 ~ STATE OF NEW YORK, COUNTY OF Su'fEOlk Sit STATE- OF NEW YO&OUNTY OF SS: On the -'5r day of June 19 92 ,before me Othe day of 19 before me personally came personally came RALPH B. WRIGHT to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing ga instrument, and acknowledged that executed the same. o ary Pu lic JAMES A SCNONDeaARE Nmarv Public. Stan of N. Y" aWWod N g 13 8 d GommisaioD IJOIFaa NM. 30, IIL ~ STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with sav that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that lie is the of that he'knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was, present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Bargain nub *air lRed WITH COVENANT AGAINST GRANTOR'S Acrs SECTION 70 TITLE NO. BLOCK 8 RALPH B. WRIGHT, as surviving tenant LOT 31 by the entirety COUNTY OR TOWN SUFFOLK TO Recorded at Request of RAUTH W. WRIGHT and RALPH B. WRIGHT, JR., CHICAGO TITLE INSURANCE COMPANY a c STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by James A. Schondebare Traveler Street CINICANO'PI'I'UM P.O. Box 1018 INSSUIIANCE COMPANY Southold, New York 11971 ZIP No. 11971 W U LL 00 i o 0 6 N_ H W K O w Z CID 7 7 . ~ w{j 'O I _ - _ Y. -{•a'n 'p - ,-p'' J< ® y r Y-~ Cl{..VYY eY y • 3 r _ a _ .n C~ _-tC A I'a..I © COUNTY OF SUFFOLK +ouYXOto z f - - ate; Reol7roolXy T. S-I•io A01nCY O70 rK 'v C., u- 11~ L L. M.. TM 1101!{{l Y41 7-7 - % ~~d loran ' l aeru ba. Cor74Z `7QU°e S ~Co~s ii ne~yk~u\F+~q ~.46.