The URL can be used to link to this page

Home My WebLink About4402 Iv- ~y®~a i APPEALS BOARD MEMBERS ~c,.%13FFQjtear__ ~O Southold Town Hall Gerard E Goehringer, Chairman _ 53095 Main Road Serge Doyen °w x P.O. Box 1179 James Dinizio, Jr. O ye Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4402 ACTION OF THE BOARD OF APPEALS 10/17/96 DATE OF ACTION: October 17, 1996 APPLICANT: BARBARA P. KELLY LOCATION OF PROPERTY: 7475 and 7425 Skunk Lane, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 29. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued July 8, 1996, Article 11, Section 100-25A Merger, pertaining to an application dated May 7, 1996 for permit to construct single-family dwelling. Lots 28 and 29 held in common ownership at some time since July 1, 1983...... TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR GRANT OF WAIVER: 1. Applicant was separated from her husband (since 1973) and was unable to convey title into different names until 1/1996. 2. The two lots were created as separate parcels June 9, 1954 and April 16, 1948 at Liber 2372 p. 76 and Liber 2818 p 275 respectively. 3. Town of Southold issued single tax bills for each parcel since lot creation dates. 4_ Zoning adopted by Town 4/23/57 (merger law was not added to the zoning code until January 1989, although due to court precedents the town enforced the theory of merged lots in about 1981-1983 for many nonconforming lots. 5. In 1976 - County established maps showing these parcels, separately. 6. Only Lot 28 is improved with single-family dwelling. 7. These lots are shown on the filed Subdivision Map of Nassau Farms and it was the intent to have separate lots for future building. 8. The immediately surrounding area consists of lots similar in size. 9. A number of the lots in this entire subdivision have been built upon. 10. The grant of this waiver will not set a precedent to require approval of any other lots in this area due to the standards which must be met by law and the case at hand, at this time, and under different circumstances in respects. 11. This waiver will avoid economic hardship by the property owner and there is no substantial economic hardship created to nearby lot owners. 12. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting nearby environmental or flood areas, or neighboring properties. 13. The use increase by this particular waiver is for one dwelling. MOTION MADE BY J. Dinizio SECONDED BY S. Doyen. ACTION/RF.SOLuTION ADOPTED: Waiver granted as applied. VOTE: Ayes: S. Doyen, G. Goehringer, J. Dinizio, Jr. Nays: Lydia A. Tortora; Robert A. Villa. This resolution was duly adopted (3-2)..~~G l*~l i GERARD P. GOEHRINGutf CHAIRMAN ell r, RECEIVED AND FILED` BY THE SOT.i TIIIG .J? I t t 4' 1: C.. i, Lt f. DAIE w ~0%51910 c+ ' APPEALS OARD MEMBERS ~p~OgUFF014, G Southold Town Hall Gerard P. Goehringer, Chairman y` 53095 Main Road Serge Doyen r°n Z 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 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 before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 21, 1996, commencing at the times specified below: 7:25 p.m. (Carryover hearing, continued from 6/26/96 and 7/24) Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. 7:30 p.m. Appl. No. 4409 - VINCENT AND LINDA BASILICE. Request for a Variance under Article XXIII, Section 100-239.413 based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates, 3255 Bayshore Road, Greenport, NY; County Parcel ID 41000-53-6-8. This parcel consists of 11,625+- sf. 7:32 p.m. Appl. No. 4406 - BARBARA ADAMS. Request for Variance based upon the June 18, 1996 Building Inspector's Notice of Disapproval under Article III, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck lane, Peconic, NY; County Tax Map Parcel ;#1000-86-07-9. Page 2 - Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAHAN, Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as regulated under Article IIIA, Section 100-30A.2-B (ref. 100-31B(14a-d, and 100-31B, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property: 26350 Main Road, Southold, NY; County Parcel ID #1000-109-4-5. 7:37 p.m. Appl. No. 4404 - RICHARD NEMSCHICK and SUZANNE AUER. Request for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID #1000-100-3-11.14. 7:40 p.m. Appl. No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building Inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID #1000-59-5-8 and proposed increase in lot size of Parcel known as 85 Lake Court, Southold, Parcel ID #1000-59-5-7. Both lots are presently nonconforming in lot size in this R-40 Residential Zone. 7:45 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal #4370 rendered 4/3/96 which was Page 3 - Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southold, NY; County Parcel ID 41000-70-6-8. 7:47 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver under Section 100-26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article II, Section 100-25A, that Lot #1000-104-2-28 and Lot #1000-104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address: Bay Avenue (Skunk Lane),.Cutchogue, NY. 7:50 p.m. Appl. No. 4408 - JOSEPH and AMY-SUE MALAVE. Request is made for a Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly less). Thus 40,252 sf parcel is located in the R-80 Zone District at 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates (1984) Filed Map, Lot #27. 8:00 p.m. Appl. No. 4397 - ALLEN W. OVSIANIK. Request is made for an Interpretation of the January 10, 1989 Zoning Map, Article II, Section 100-21, and Article III, Section 100-31A to confirm location of zoning district line of the "B" Business Zone District (ref. Article II, Section Page 4 Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals 100-21). Property Location: 225 Eugene's Road, Cutchogue, NY; County Tax Map ID #1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south. 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 may be in addition to other carryover hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: August 2, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x /\Y' • FORM NO_ 3 TORN OF SODTIlOLD BUILDING DEPARTMENT SOUTHOLD, N.Y_ NOTICE OF DISAPPROVAL DATE: -Y 8 1996 To ..BARBARA PRINCE BELLY ?4?5 .~R1INR .LAN> . . . rcCBQi> .NX ...11935 . . . . PLEASE TARE NOTICE that your application dated 196---. for permit to CONSTRUCT A SINGLE FAMILY DWELLING at Location of Property 7425 SKUNK LANE CUTCHOGUE NY House No. Street Hamlet County Tax Map No. 1000 - Section _....1Q4-... BLOCK 4-- LOT 29...... Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds --ACCORDING TO ARTICLE II SECTION 100-25A LOT 11000-104-4-28 AND LOT #1000-104-4-29 HAVE BEEN HELD IN COMMON OWNERSHIP AT SOME TIME SINCE JULY 1, 1983. BOTH NON-CONFORMING LOTS ARE IN AN R.40 ZONE. THESE ADJOINING LOTS WERE CREATED ,ICigjyor4hH8esHl ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ,y BUTLIWNG INSPECTOR RV 1/BO V t I IN) O Il1SA1 111 NORM ill). I 1'S OF PLANS I, TOWN OF SO11'11101.0 SURVEY • ? Ir J` BUILDING DEPARTMENT CIIRCK 'I'ONN HALL SEPTIC NORM - sn CITnOLO, N.Y. 11971 ~._.:f - TEL: 765-IROl. "OTIPY: a CALL Flunulwd 19.... MAIL 10:.................. Approve,) 19. Peorit. A,.. Oi rnlryn lNlxl a/c !?i/....-,/~/jr,,.- - J.. (Iklilding; Innperlol) APPLICATION FOR IIIIII.IIING PERMIT ON qn 1..... I NSTRITI :T IONS n. 'Ihi! ?ppl ical: iol nu sl be romp el ely rifled in by Iypear it er or in ink mxl mdnli II ed to Ilie Pit i Ill ing Inspwctol with 'I Spin of Pllla accurate Plot: Plan to scale. Pee necolding to srbednle. h. Plot Plan sho ring Iocniial of lot. and of haildings al pr(]lliaps, eelat Innnhip to rwljoining Ineinises or POW W SOWN or dens, aryl giving a Ilelailell (leseliptiol of Inyoul. or properly Now be, 111:xd11 (xl Ille_ dingrenl lAlir'll in Ilglt Of (bin algd iral ion. c. The tank coverel by this aMilicaliou any orl. be cumnlx"I before issuaor.e of Iklilding Permit. d. UPON app"Wal of this apgdicaliol, the Iklilding Inslwrloi Bill ismw a Wilding Penlil to the IIIJAieanl:. :xlrh pwnnit. shall be kept of the premises available for hwlwctirnl Ihrotiololt the wank. e. No hoilding shall be rwcopi" Or used in J101p or in No l for any IINICKme IAlalever 1111111 a Cei tifirale of lkcalwaxy simll have Iepn granted by Ilse Iklilding Inspector. APPLICNIT N IS IIiRI?RY MA Ii to the Iklilding; Department . for the issun!w.e of it Iklilding Pennil pasllanl ro file Building 7. one Ordioance of tire 'l'am of Sall.inld, Suffolk County, fkav Yolk, miff other applicable Liam, 0111in:nwes or Regolatials, for Ilse camtnwlial of lxlildings, oklilioln or alleral suns, or for relrrval or demlition, an herein rlesclilwd. 'Ihe applicant agrees in comply with all npplirnble laws, ordinaloces, Ixllilding (-ale, Imosing role, olxl ery;ul al iols, mx) to exiuit alllarizMl inspectors on pl anises IN XI in In1iAdinlg~ Jf~or tare){P,gxlAry•.o mpeclial lr) WIN. (5'Nnalore of NMI wmlt, or nine, iI n rorpx?nl inn) (Ill' 1 ing ohhess of app) ill v,.,_n-.-( . a - a Stillp %Alellxtr apillicnnt is (anwr, lenspe, ngnnl, nn_hiIPut pngilecl, general cons sect or, elects is inn, pludwr or 6.1114, ..................-0. 1 lq k- - 1('~l k ran ~ ~ r . N.o.~ of Ixalwr of pr(ini nes (~4,~ nJ. ~.y~l,y3N. ~.Y.,.)"~": E'AJ I~N~ 'tyi~c (:w no the lax loll Or latasl . depd) L/ If nlgrlirnnl is a coilwraliol, sippmlurr- of only anthill izol officer. (Havre mxl title of rorplrnle officer) Iklilding License No . Plodwrs License No . Elertririnos License No . Other '1'rok:ls License No . 1. l.x'ill ion of Info (el I.Alich propr!:eil sank will Iw (krlw qua Dolse Nlvlwr St.reel_ UnnilPC- (randy Tax flat) 11). 1000 Sect iknl Q.. Rlo,k lot: .....0 Solklivisiol Al/~~11V.. . Al 1711 S............ Fi led Ivp to. ....11 .7./ ~~p!... N-..... 1111 (Nine) ( 3/aA 3xv 1. Bair PAM ing Imp and orfi milry of Ilifpiwn ax) Intax"I imp nlxl rx'1'llpwacy of plop met culml inc1 ion: n. Exist ing, use aol occupancy ........V.d7.51.~N..0 070, Sing . b. hllmded use MY] rwCnppawy G~. nun). Itlllue of look (checl( 1Aikh allAic'.1 Iku Iklilding Nwil in" Allernlio. INIMil 14vrrval Want fl. for Dlher H,H k (Ikllcripl. ion) Rill luilled (eHil . fee. (Ir he paid on filing; thin applictitlon) If (AmIling, InHhet of lAmll lug, "oils Ilak"" of lAmllinll rolls on calla fllxlr ..........1..... If Rniage, Ixllllel of calls If Inlnioutel, cnule"Aal or'Inixed (xrupm x:y, HIl!c.ily osllue nlnl extent of each gypi of lase 1 Dhaenaflxw of rxful iI% a1 I lx: t rocs, if "I q: PIroH Ilene Implh Ileigill minim of 81 "dell Dinemhms of sore slnw:iule with allelaLions or :xidilions: fioul . Rear Ilepth I dow tl.dx!r r( mot ten 1. Dhlelmionn of rill Ill 1"4 cons111Ya ho: Film! Rest DeIA 11 Ike i oil N.Jxa of Nina feu 1. Si,e of lug.: Frlnll Rmar Ik!pt11 I0. Woe of houlwse Imlay of Flamer Wink 11. 7,,xw! I, use dim icl In VIA plnnices Hue s'Lonowl 12. Ikx!n I,IoIXlrc(I c(n 1111 nxa IInI viol11te nay mmingl law, oldhuaw_.u or lewit Lioll : I1. 11111 lot he 1egrxled Hill exeetln fill he rulrrved (loin plusinen: YES IA) 14. Ilulen of tkmer of plrvdseu &A can likunu Ilo. Mine oil' Alchllec.l . . . . . . . . . . . . . . . . . . . . . . . . NMI unit ILon! Ikl. Mike of Contractor Nkhe:s . 1lumm lb. 15. Is this prrgxvl.y wilbhl Till feet of it l:idal 1x!f.lmxl'I , YEN Ik) A w YIN, sallllm) IXAM .1101nivi s IThHI'1, my lm,3 Evaillild., . P1.01' DIAI:IIAH WHO clearly alwl disfilx:f:ly till hoilding;n, whether exlstintl or proposed, ulxl hxllcme till reL-Lade diueosirns I11-1 plop!rty lines. Give street mail hhwl< unllet or (hacripthxl uccolilingl to deed` mail shoo, slreel: lunges slxl infir:de 1A u!l her iun cl for or coiner lot. I SIAID: (M- I1-.11 Y(AiK, l Cc .11(6'(_..1 lr ivl~ F{',~Xl.l...... .Ix!ing duly rrvnu u, deplike s mall says IlIII l: he in the uppl icons (Ilnu! of ilwliv idunl aiEl i all coal l Ili: L) HIxIVe must, He in tin : ..(L,(- V k .l.. (Iiluilnctur, agent, (rllxn ate officer, etc.) Ili- raid Wwoer (11- lMlw4 n, will is duly H'Aill li>ell Lo In!r 101111 rr have lellonled the I'll,[ wlalr Howl to u4dle alxl file Ihin npplit:n1ion; that. nil ntoleaents contained in thin uppllcuthm are 111w to the heal. of his klxraledge alxl lx!lirft 111x1 that till! MWk will he lxdrhlrcell in fill! 1141111x:1- net lnl Lll in the applivniln11 pled therewith. fAa1n1 In bee Il on Olin .,ill ilk, CLAIRE L.GLEW (Signalm a of Applicanl) Notary Public, State of New York C No.4879505 Qualified in Suffolk County 16 Commission Expires December 8,19 - oi au-a:# R 15e, k7-3-74 tCAO ^ VUL 8AP ATION FOR WAIVER UNDER OTION 100-2 61 Town Clerk Soo* This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R - y° The size requirement for this zone is: ljotocb square feet per parcel. County Tax Map Parcel Nos: 1000 to - Y - '-)a I (we), (~2ukA,JrAw I., (JR~u pAlL- 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 bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. n (Ap licant and O~ er (Applicant and Owner) Sworn to before me this d f 1 9 . ROBERT LSCOTT J . y o p pORpRY PUBLIC. Sua f+t.Y. fla 4725088. Suffolk Coin n2w -17 No t ar` Pub l i c Tiny EvpirN Y 31. 1 i i G A Waiver is herby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next page). zhata.Wi295 APPLICANT'S REASON #1: AMP40", 030 (of `,45 Aee>7 SePcMY[~ / De Fea /1 5 A ~o A(<C! 51 Nc- T Kc F -rk e htgP e N r, Plat) NiDssA~ F9~~ s 6 v MA/ 2 3S ~Sce ff/A~f~ev~I %~t PAale! /s /Deco Fcen fY5 ScTh~ 109-Y-a 9 aA, As sessii-iew) Kali tict Prer /f(,t/ See Sr A~StsSocy Gn~O AND Co~(cnt Coo u 4- y c r APPLICANT'S REASON #2: ~ec~nfG, 10 u/IGti45s0 Car Foc 3soa9. Denm wee/n -P I'NA56NS w t J P rovr boo At hCA/G j'p J Y{~ A yG7yi 6°3111~i T7E1t (PLEASE USE ADDITIONAL SHEETS if needed.) TOWN OF SOUTHOLD P OPERTY RECORD CARD . I OWNER STREET ?i% VILLAGE DISTRICT SUB. LOT r hc~r~x~~a C C- K_e! FORMER OWNER N n F ACREAGE I I: IY F/11f i6v Qf k Cf J u1 S W TYPE OF BUILDING A /,J, 9"601, RES. SEAS. VL. FARM COMM. I IND. I CB. misc. Est, Mkl. Value LAND rf- IMP. TOTAL DATE REMARKS a - - - J /a/ 6~ ar/Y,_ovv 61JIX?'-YJ-Z- a a v^,,,; (~tS I ~60c7 _V a19~-l I -Aol yilia->ve(ly_ at/' /v_kel/ (o o o I o n I AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD - Tillable 2 DOCK Tillable 3 Ur zv ).j ! Woodland Swampland Brushland House Plot Tota I / /I ~b { 1 1 - a - i I I 1 I i I - - -1 j M_ Bldg./ X O Foundation -Bath - - Lxlrnslon G f u ),o t) 0sement Floors Fxlension - L - 1 o a txtr Walls Interior Finish t c r ( Lxlension Fire Place Heat Porch Roof Type - Porch Rooms 1st Floor liieu~eway Patio Rooms 2nd Floors. f tveway Dormer c) 8. TOWN OF SOUTHOLD PROPERTY RECORD CARD `J 11-lo OWNER STREET 1 f L~1 VILLAGE DISTRICT SUB LOT/ t xl bua_ ;1 _ ~I ~f~ ` v / FORMER OWNER NC,6 4 K1-4 E *f &Z/ ACREAGE 'r ~1\11,Mp~A: p Ke /I S 0 W TYPE OF BUILDING ~d" o f~ 9t lUf, RES. -311 AS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS - - 6/a/_9~/ .dD12flf/~? /~YOInc%oi~ a -t 1 ovre a ~a7, _ 2_Oh- _/v 16E11q_ r 0r-s - .3s,oo'r) 17- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD 7Yz z Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland - - Brushland House Plot Toto I I -at - I - ~ - , -ram--r fi-;---- -r-= - Both M. Bldg. Foundation ~ _ ~ _ - Basement 1-----f Ino Extension terior Finish ~ - - Extension _L- II I Fire Place - Heat - Extension II Porch) Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage - Driveway Dormer O. B. - - - J Narth fi",nr' : ~Tti M0. S /B~ 7d-9 Sr •!X b. iA Jo A. 1175 . -S 8-1 7d s k taxi x.. _ - a ^ ~ _ { su - r fuTT ~pp. .;c 4 x w fir; rw .kq'R~ 1t ~ r gj G, .fr q gpo.oo g3b'as 7 kw Of P"o t*TT AT 05OVTNO L G '`7I "*VCTtO [ iOA.-..r1..lu~GXtt_.i~LL.[3~ ~•1~~7» ~+~"e /!y itAR MTttO TO 1Y ~~/r d~.r b•~y ~r ~e~~ C• lag tdp c7~~ Y~tL...~ma ' t 0" Tar! SM N rrtenx«, i ' MO/tYflOMAL LAW $UQVW`UA Of See/s IMO, Wow Isho, i. e. , M Y. +a~ No. 1970 Mo11NY 9•-40" f tut ions ate euujec6 w Lite mugger piuvisluus of § 100-25. Merger. [Added 11.28.1995 by L.L. No. 23-19951 A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12,° the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date. D. Proof of merger. The town may require a person seeking determination 8f merger to provide any or all of the following documents for evaluation: (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot. (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($25,000.) of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the town until this section has been complied with. The Building De- partment will issue a written determination whether a property falls within an exemption to the merger provision. 1100-26. Waiver of merger. A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III serini,lturnl.Cnr ervetion (A-0) District i 7 rip BOARD OF APPEALS:TOWN OF S0UTHOLD -----------------------------------x In the Matter of the Application of _AP-~wl_e -1\_?-~~----x CONFIRMATION OF POSTING f, NMAeA Pe/A1C' IF ~C-"y , residing at UE f1U~^ CuTCa6~~C-:-. /UV , being duly sworn, depose and say: That on the 10 - day ofFiljlo S 990, I personally posted the property known as "yJ5 yAve. VAt-AN'~ ~'T , NY" by placing the Town's o i poster, Notice on either a stake, fence, or other post near the driveway* entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon /too be held , 1996-) Dated: AuguS i /4 199 . (signature) 7 Sworn to before me this LINDA F.KOWAL"{1 l J~ day oflqu`u-5 199- - NowYPublic.StateofNw , L Na 62-4624771 - - - - - In SuffolkCw,nIV C/ NOTARY PUBLIC col= ~ItaeNov.3O,toy *or within 10 feet of your from property line(on your property facing the road or right-of-way). r ~ a 8 ' p°6 -i Ft ~ z~, a+ S ° wwn'c Z2 m ul AP OF P zrA NASSAU FARMS G a n rA % G E 5R o° zas ' - i y,~„>wvRrbl \ S/TOATE AT j% T° s 5=y:r' _ <X~°REa"°wemR°"n PE N/ B 9 p Y / y CO C 30 -de°4e i0"E 13 Gp^/ Sp yy. ' + zse'0 31 SUFFOzw C-V, N.Y- ~ro c G3:~ 5 ° ~ /8 Y a s S p I s°.J> >+/4 = ° o~ ze~.67 3.x ^ / 1 i18' .x p 5P_ - . z /,rE _ szy 'e a a2 ^:a iQ ,r1 LA.ee 33 Y „a,o Q ^ 3o Fenne. /G ® . II ~ Ses/e G ~ cn I 200 ff. - /in. .LE3L/E . O; SySM ,se.e~ - pz.or /24 5,. e g sb TTER z= zoo 6 L 703 4.0 Acres • •P S' Gf, o 0 is - i w o Perminralmolran7ent'= 14, ® - r J~ j3 d syy.y r - z"" 36 t :cs 1tA JO F Yates: re•Ja• -s1>. c " a SS -a i61.4 'so omrnrionrtoon/c%n'shorr fines OS yb~ _ 37 ^ 1-17'.1.1 are app iorib>a>a - .s MLAa/W LAME - /P cNy 706 o S D Ac Fes bpSL ZO _ Sk - 'rG ° i z s. 38 13 A p g.3 6 9oI8 Sa A N E• 58 ° a es :449 zra P N' G p4 a~ o ° • - 37 13 w L y - I~.4 ' /z < 116.75 w° a ~m.t2 IZ3 s~ ^ ~ O /O ~11 Jff o zre.Je 5 Z'l ° ~ ~ SD r .1 7. sca.S 'f3 /0 p /I7 eW3 x17 ...rs~.c.e. ~ zcr ° '~l iso n zr .s Z a R O A D 1 r B y \ ° Z 676-L.9 K uj5 kY ur w a its al - 7, ti 77 q6 45' 44 as 49 1/~ //9 w Y 1 M : e e - /A~ o ^or /60 113 z oA5 ' o ~i 5 ~ -.T 1 fG i< Kj GGi (6s 6G'~ _ _ er°y A ° =N•G~ f.r••-~ '7f 2' FZCREJ reo. rao lao fIe° L o JC p~ tl t z Q `3 y 1A.p /r-~ \1 x v ~ A8[,.91 y _ ~YatAcfcs ~ `II~i+G~ 7 6 S 'f a 3 2 / + F 03 2 C\ 1, raa loo roa ms reo -ne /ae r•r.s,br'so'Ee P437b Pc~ei ° 6a 3re.31 JJ.o .seas A v ry X85 a A y sera/'/a•E. N Ef ABS. No. :.r. y3tJGG~ L8 FILE .Y~ d } y I 3 s. >•y°sr to E FILED her,r6y crr fy Mat ift mr w.S A.oec i MAR 26 MS 6y ma. fiom refag7 iMyrys eowp/rred.Gn.9,/s3s + ae wnd tbvt :mo//aARnh orr 1#eesas 3Aww 6dran. - BOARD OF APPEALS provided thatthe renting of such - TOWN OF SO `HOLD loc-lns is clear'v incidental and 1996 Notice of Disapproval subordinate to the principa which action indicates that ac- NO-LICE I. of the dw Iling: Locatio cording to Article 11, Section HEARINGS Property: 26350 Main Road. 100-75A, that Lot # 1000- 104-2- Southold, NY; County Parcel ID 28 and Lot #1000-104-4-29. NOTICE IS HEREBY #1000-109-4-5 - havebeenheldincommonown-267 c7:37 p.m.:.ppl. No. 4404- ershi since July 1, 1983, and of the , Town n Law and the Code ode RICHARD NEMSCHICK P y of the were created between April 9, the Town and SUZANNE AUER. Re- 1957 and December 1, 1971. following Southold. the quest under Section 100-2446 following applications will be Street Address: Bay Avenue held for public hearings before for Variance basedupon 16, the (Skunk Lane), Cutchogue, NY. the SOUTHOLD TOWN Building Inspector's 750 p.m. Appl. No. 4408- 1996 Notice of Disapproval JOSEPH and AMY-SUE BOARD OF APPEALS, at the wherein applicants have applied MALAVE. Request is made for Southold Town Hall, 53095 for a building permit to construct a Variance under Article XXIV, Main Road, Southold New York new dwelling with a setback at Section 100-2446, based u on 11971, on WEDNESDAY, AU- P less than the required 60 ft. in this the Building Inspector's GUST I9fied below: at R-80 Zone District. Subject 1996 Notice of Disapproval times rovalfor specifieelow: ow: property is known as 1035 approval of a 725p.m.(Carryover hearing, Sebastian's Cove Road, new dwellin , unde(consruc- continued from 6/26/96 and 7/ g, under construe- 24): Appl. No. 4389- TIMO- Sebastian Cove, Lot #9 the Lion exists, with a reduced THY GRAY AND JIMBO Sebastian ian Cove, ve, County Section 1 x MSub- ap frontyardofone . This This 40,252 parcel is REALTY division Map; County Tax Map lessj 40,252 sf parcel is Parcel ID # 1000-100-3-11.14. located in the R-80 Zone District 7:30 p.m. Appl. No. 4409 7:40 m. A I. No. 4405-at 245 VINCENT AND LINDA GEORGE and PP CAROLE re 1 , NY; a/k/aiGoldenViewEs- BASILICE. Request for aVari- BAMBRICK. Request for tates (1984) Filed Map, Lot #27. ance under Article XXIII, Sec- Variance under Section 100- tion 100-239AB based upon the 8: No. . Re- 30A.3, Bulk and Lot Size Sched- ALLEN W W. . OVSI VSIAN[K Re- r uilding Inspector's July 23, g quest is made for an Inte reta- u le, based upon the Buildin f'-.~ 1 996 Notice of Disapproval con- Ins ector'sJul 17, 1996 Notice - " rning an application fora p y non of the January 10, 1989Zon- of Disapproval for a proposed in- Map, Article II, Section 100- t~l ilding permit to construct ad- reduction in lot size of Parcel ID ? 1, and Article III, Section 100- ~l,L 1 'L ~l';~ ion to existing dwelling, four # 1000-59-5-8 and proposed in- 3 fA to confirm location of zon- t of which will be located in crease in lot size of Parcel known ing district line of the "B" Busi- ul~\\ h rear yard, within 75 feet of as 85 Lake Court, Southold, Par- ness Zone District (ref Article U head. Location of Property: cel ID #1000-59-5-7. Both lots I Peconic Bay Estates, 3255 Q,Section 100Property I_o- are presently nonconforming in cation: 225 Eugene's Road, Bayshore Road, Greenport, NY; lot size in this R-40 Residential Cutchogueue, N'Y; County Tax County ParcellD#1000-53-6-8. Zone. M ID#1000-97-2- This parcel consists of 11,625+- 7:45 .4 1. No. 4407 16.5 and t5. sf p.m. PP Present Zoning: General Busi- HUGH and ROSEMARY ness for the northerly onion. 7:32 p.m. Appl. No. 4406- MURPHY. Request is made for and R-80 residential for BARBARA ADAMS. Request aVanance under Article XXIV, applicant's property to the south. for Variance based upon the June Section 100-244 (original appli- 18, 1996 Building Inspector's cation), based upon ZBA Appeal The Board of Appeals will at Notice of Disapproval under #4370 rendered 4/3/96 which said time and place hear any and Article 11, Section 100-33 issued was limited to approval for a all persons or representatives on the following grounds: A porch addition to an existing desiring to be heard in the above of applications. Written comments building permit application has dwelling. This applicationisare- been fiaccessory requesting location quest filed with the Building In- may also be submitted prior to of an accessory building in in a an spector on 7/18/96 to reconstruct the conclusion of the subject area other than the rear yard at dwelling and add proposed porch hearing. The above hearings will 8100 Indian Neck Lane, Peconic, addition. The second application not start before the times desig- NY: County Tax Map Parcel may contain new circumstances nated. and may be in addition to 1000-86-07-9. which were not concluded at the other carryover hearings. It is recommended that the tile(s) be hearing for the first application 7:35 p.m. AppL No. 4403 regarding the condition of the reviewed before the scheduled PATRICIA AND THOMAS date of the hearing for updates existing dwelling. The It main- e or new information. If you have MONAHAN, Owners. Re- dwelling is to be rebuilt quest for a Special Exception to raining the same nonconforming questions, please also do not establish Accessory Bed and hesitate call? 2. 199. front. side and rear yard set Dated: : Augustt 2, 1996 Breakfast Use with owner-occu- backs. Location of Prooeri}` THE panty and residency, as regu- ? 105 Oaklaw n BY ORDER OF A~ anue' Y ORDER OF THE lated under Article IIIA. Section Southold, NY: County Parcel ID BOARD OF APPEALS 100-30A?-B (ref. 100-31B 41000-70-6-8. GERARDP. (14a-d),and100-31 B. limited to 7:47 p.m. Appl. No. 4402_- the renting of not more than three BARBARA P. KELLY Re- GOEHR[NGEGERA DP. BNER Linda Chairman rooms for lodging and serving of quest is made for a Waiter un- ' breakfast to not more than six IX-8,8,96(621 der Section 100-25. based upon _asual and transient roomers. the Building lnsnector' Jul,. • i COUNTY OF SUFFOLK STATE OF NEW YORK ss: Tim Gannon, being duly sworn, says that he is the Associate Editor, of the TRAVELER 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 of ......................4.1. -t ,19./c6 ...................~...~''J Sworn to before me this ~...`.......~........u.....dav of ? ,19.9. Nolarv Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806046 Qua:iti^.d in Suftolk County Com-ision Expires 8/ 31I96 l APPEALS BOARD MEMBERS ~O G Southold Town Hall Gerard P. Goehringer, Chairman f c ti 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. y O -1 17F Southold, New York 11971 4b 41F Robert A. Villa 'k:4**~ ,4% Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1996 Mrs. Barbara Kelly 7425 Bay Avenue Cutchogue, NY 11935 Re: Appl. No. 4402 - Waiver (Undersized Lot Creation) Dear Please find enclosed a copy of the Board's determination rendered by the Board of Appeals at our October 17, 1996 Regular Meeting. A copy of this determination has also been furnished to the Southold Town Building Department as an update pertaining to the initial building permit application filed by you. You should proceed with the Building Department (765-1802) to be sure the building permit application is complete with all other necessary documentation and returned to the "active" application shelf. No construc- tion activities are permitted until permits have been issued by a Building Inspector. If you have any questions, please feel free to call. Very truly yours,_ Linda Kowalski Enclosure Copy of Decision to: Building Department APPEALS BOARD MEMBERS S F~,,, COp Southold Town Hall yr- 51095 Main Road Gerard P. Goehringer. Chairman o= P.O. Box 1179 Serge Doyen C4 Southold. New York 11971 James Dinizio. Jr. O y Robert A. Villa 4-'~O! ~ s~ Lvdia A. Tortora ' Telephone 6 (5 6)o76g~1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 1402 ACTION OF THE BOARD OF APPEALS 10/17/96 DATE OF ACTION: October 17, 1996 APPLICANT: BARBARA P. KELLY LOCATION OF PROPERTY: 74,5 and 7425 Skunk Lane, Cutchogue. COUNTY TAY MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 29. GROUNDS OF REQUEST /REFERRAL: Building Inspector Notice of Disapproval issued July 8, 1996, Article II, Section 100-25A Merger, pertaining to an application dated May 7, 1996 for permit to construct single-family dwelling. Lots 28 and 29 held in common ownership at some time since July 1, 1983...." TYPE OF REQUEST: Waiver under Article II, Section 100-26. REASONS FOR GRANT OF WAIVER: 1. Applicant was separated from her husband (since 1973) and was unable to convey title into different names until 1/1996. 2. The two lots were created as separate parcels June 9, 1954 and April 16, 1948 at Liber 2372 p. 76 and Liber 2818 p 275 respectively. 3. Town of Southold issued single tax bills for each parcel since lot creation dates- 4. Zoning adopted by Town 4/23/57 (merger law was not added to the zoning code until January 1989, although due to court precedents the town enforced the theory of merged lots in about 1981-1983 for many nonconforming lots. 5. In 1976 - County established maps showing these parcels, separately. S. Only Lot 28 is improved with single-family dwelling. 7. These lots are shown on the filed Subdivision Map of Nassau Farms and it was the intent to have separate lots for future building. 8. The immediately surrounding area consists of lots similar in size. 9. A number of the lots in this entire subdivision have been built upon. 10. The grant of this waiver will not set a precedent to require approval of any other lots in this area due to the standards which must be met by law and the case at hand, at this time, and under different circumstances in respects. 11. This waiver will avoid economic hardship by the property owner and there is no substantial economic hardship created to nearby lot owners. 12_ The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting nearby environmental or flood areas, or neighboring properties. 1". The use increase by this particular waiver is for one dwelling. NOTION MADE BY J. Dinizio SECONDED BY S. Doyen. ACTION/RL•'SOLUTION ADOPTED: Waiver granted as applied. VOTE': Ayes: S. Doycn, G. Goehringer, J. Dinizio, Jr. Nays: Lydia A. Tortora; Robert Villa. j This resolution was duly adopted (3-2). GERARD P. GOEHRINGER. CHAIRMAN gkl lv - P/[ereer Waive _a(auest1 i I looked dt the size of 12 lots on Bay Avenue on the same side of the street, adjoining the applicant's parcel for a distance of approximately 700 feet. The lots sizes are estimates only and meant to serve as a guide. #1000-104-4 Lot # Size Status 6 2 acres Improved 33.2 24.125 sq. feet Improved 33.1 40,000 plus sq. feet Improved 32 27,250 sq. feet Improved 31 & 30 34,000 sq. feet Lot 31 improved & merged with 30 Kelly 29 & 28 36, 000 sq. feet Lot 29 vacant approx. 18,600 sq. ft. Lot 28 improved approx. 18, 000 sq. t 27 60,000 plus sq. ft. Improved 26 29,882 sq. feet Improved 25 25,000 sq. feet Improved 24 20,000 sq. feet Improved 23 20,000 sq. feet Improved 22.3,22.2 40,000 sq. feet Lot 22.2 improved, merged with 22.3 Four of the 12 lots meet or exceed the 40,000 square feet minimum for this district. Two of the lots, including the merged lots in question meet 85% of the requirement. Of the remaining 6 lots, 4 meet between 60% and 72 of the base zoning, and the other two meet 50% of the 40,000 square foot minimum. I don't believe a waiver would recognize a lot size that is consistent with the size of lots in the neighborhood. A waiver would create a lot size smaller than the average lot size on the north side of Bay Avenue from Pine Tree Road to Haywaters Drive. The waiver could result in a significant increase in density of the neighborhood because three of the 12 lots are merged. If granted, there is a potential for 15 lots instead of 12 lots on this side of the street alone. We could include the lots of the south side of Bay Avenue, but I don't think that would alter the overall findings. &11JV X* OU KELLY Motion to Deny Request for Waiver of Lot Merger Nr`' Reasons: 1. A waiver of merger would recognize a lot that is inconsistent with the size of lots in the neighborhood. Of the 12 lots adjoining the applicant's property on the same side of Skunk Lane for a distance of approximately 700 feet, all of the lots are larger in size than the applicant's request to create one, 18,000 square-foot lot, and one 18,600 square-foot lot in this R-40 district. 2. A grant of waiver could result in a significant increase in density of the neighborhood. There is a potential to create 15 lots, instead of the 12 lots that now exist within 700 feet of the Kelly parcel. In addition to the Kelly parcel, there are two other vacant lots on Skunk Lane that appear to be merged' with adjoining properties. 3. The applicant has not demonstrated that a waiver of merger would avoid an economic hardship. No financial records, documentation or other proof was either submitted or presented to the board to substantiate applicant's claim. Applicant's prepared statement that "the waiver will avoid economic hardship - a great security to a single parent who raised four children under very meager circumstances/finances." is not proof of economic hardship. 4. No documentation was presented to substantiate applicant's claim that she was unable to separate title to both lots subsequent to 1973. The lots were held in common ownership between 9/11/65 and 1/12/96. Although applicant stated that she was "unable to take action earlier (to separate title to the lots) due to marital discord", she also stated that she had been separated from her husband since 1973. e - ~r~~ ~Kel y - Merger Waiver Request • T \ I looked at the size of 12 lots on Bay Avenue on the same side of the street, adjoining the applicant's parcel for a distance of approximately 700 feet. The lots sizes are estimates only and meant to serve as a guide. #1000-104-4 Lot # Size Status 6 2 acres Improved 33.2 24,125 sq. feet Improved 33.1 40,000 plus sq. feet Improved 32 27,250 sq. feet Improved 31 & 30 34,000 sq. feet Lot 31 improved & merged with 30 Kelly 29 & 28 36, 000 sq. feet Lot 29 vacant approx. 18,600 sq. ft. Lot 28 improved approx. 18, 000 sgft 27 60,000 plus sq. ft. Improved 26 29,882 sq. feet Improved 25 25,000 sq. feet Improved 24 20,000 sq. feet Improved 23 20,000 sq. feet Improved 22.3,22.2 40,000 sq. feet Lot 22.2 improved, merged with 22.3 Four of the 12 lots meet or exceed the 40,000 square feet minimum for this district. Two of the lots, including the merged lots in question meet 85% of the requirement. Of the remaining 6 lots, 4 meet between 60% and 72 of the base zoning, and the other two meet 50% of the 40,000 square foot minimum. I don't believe a waiver would recognize a lot size that is consistent with the size of lots in the neighborhood. A waiver would create a lot size smaller than the average lot size on the north side of Bay Avenue from Pine Tree Road to Haywaters Drive. The waiver could result in a significant increase in density of the neighborhood because three of the 12 lots are merged. If granted, there is a potential for 15 lots instead of 12 lots on this side of the street alone. We could include the lots of the south side of Bay Avenue, but I don't think that would alter the overall findings. Copies following this page are regarding the Application of: v as additional (new) correspondence/communication/other inform,A6, received since your last update. ZBA:lk / Z D / z /;5- ~/"V/ Sn7 a w / ! dw '3(~?l/ ~W N/ /7w',/1/ ! o l '5_7 7L/ 5-/V / C-ly ' A Y) Sd N~?~y S s / ! ~7 -S~~JAJ~~ C~J C Wq~~ 'So/1/ ~E f/Jd'b'Gt/ `SS1b/ N/ 4V CI-3!dOCV .7147 /0 6rviNOZ -7Y--Y/ ~Q I .S i/f~W cviNgZ siC~rnA ! ?Job X86/ ~i-'r''r7 -Za cL,n/ a~`~N -~y -H;> ~ =19 s-vh off' ~-)nopvou-bLzz~,yp ?~ni~c 5~~!4J 96618 I d3$ '7d 1~ I II I I - drt/S rObIly D 9167No~ Hi 6M d `77//7 ?YJ13/drl --)HI ~l in'tY~~ //rY?/S -6/ n'/ -z-.7o-?y 1oN 7`7,1x7 717n16(-,J r1l 17 -7~/L~y ~-7-3-) Vw117So2J~d(~ Cl'k/ 7~)C(v i~,17 --2Q ~N l -1 ~ tl u, 6-yq Sid o7 S a'Q S2/ ~c~ Na a (V/ fvo u vz~tja `t{/ a'p ~~r'VGW7 aaPbg a t4 r -inn -71 rv 0-4 /1 - as~noytlda L ?l~) ~d~' N Cr r7 of ~1S~; (~1 Hd~tj ~1 P Nc? Z (2-j - C, C/7 r Qs/=Q~ ~'llyd - sw?1nbssd~J 5~ =a h Sao -ho/ NQu~J~ ;?may ki 96618 1 d3S 'LE we ~Es .d ohs ~~~~7 4r 1715Y (Y(,I-C)fyrvnQ 1 6v n 9(l V-r rv urv~ g I' ~5~ ohp~5 ~a41i~ ii -brdbrmb~) , /rft/IA~ ,;~l ~-ni 1h, ?IL ~Cti~~~ (h5 b~ ~ ~rocl ~a' 1~j gay, ~-~`~aa~d~ Dear Gerard P. Goehringer and fellow board members, I am writing to you on behalf of a friend and co-worker Barbara Kelly. It is very important that you grant this variance so that Barbara will be able to sell this property when she retires if need be. Barbara has been a single Mom raising four children alone for the last twenty years. She has been serving the elderly in our community as a health care worker. Raising four child- ren left very little for saving. Her job provides neither health insurance or pension, thus the need to someday be able to sell the lot, if necessary. When the Kellys' bought their home and the adjacent lot, it was sold as a separate piece but to save lawyers time they had only one closing. Barbara bought the property with the understanding that it was separate. To some people it probably wouldn't make that much difference. But to Barbara it will cause a real hardship. After 20 years this past year she was finally able to make a deal with her estranged husband and now at 55 she is making payments to him. If you do not grant this variance to her it will mean a substantial loss in value to her property. Something that will hurt her chances of ever retiring. thank you for your time and understanding in this matter sincerely, Ellen E. Williams September 9, 1996 Mrs. Barbara Belly 7,125 Bay Avenue Cutchogue, NY 11935 Re: Appl. No. 1.102 - Waiver for Lot Size Dear Mrs. Kelly: This will confirm that the public hearing in the above matter will reconvene at approximately 7:30 p.m. on Thursday, September 19, 1996. Enclosed is a copy of our agenda for you. Very truly yours, Linda Kowalski Enclosure John Mantione • PO Box 345 1290 Sterling Rd. Cutchogue, NY 11935 12i~as FqI Mr. Gerard Goehringer, Chairman ~nls q jl Zoning Board of Appeals L ---J~ Town of Southold Southold, NY 11971 August 3, 1996 Dear Mr. Goehringer: I am writing on behalf of my neighbor Ms. Barbara Kelly, who resides on Skunk Lane in Cutchogue. It has been brought to my attention that Ms. Kelly has applied for a variance on a parcel of land owned by the Kelly family. As I am sure you are aware, the zoning laws in this particular area of Southold Town have changed since the year this parcel was purchased. The Kelly family would like the option of utiliz - ing this land in the future. My family and I have no objections to the modest request for a variance by the Kelly family. We feel the potential utilization of the land in question will not alter the serenity or beauty of this bay area. Sincerely, John Mantio e 11' COMMUNITY CHURCH OF NEPONSET 51 Walnut Street, Dorchester, Massachusetts 02122 Phone 825-1155 Minister 1\ Associate Minister REV. D.P. BRICKLE RH.D. REV. M.W. BALLARD 144 Shore Avenue, Quincy 02169 7 Hallet Street, Dorchester 02122 Phone 773-9751 n I D W = Phone 282-4158 ~i- - I' 8/8/96 Town Hall, Southold Gerard P Goehringer Zoning Board of Appeals Dear Mr. Goehringer: I'm sending this note in support of my neighbor, Barbara Kelly, who is applying for a variance to use her extra lot for building purposes. I have no objections, and in fact think it would be a great help to her.... It would not adversely affect our neighborhood in any way. We live across the street from Barbara at 75 Broadwaters Rd. Please contact me if you need any additional information. S, er ly., lr D D. Brick vvv i e. en 14 `^0 9• fy.i0 B/"t+ges Oo7 it Is uni rht ]m in pmm, "W , la", to, pn a and naM cnmprnratlpp fm document: ffiectln rnl a e." s.1 a s 1BA840 36 Sfede the day of September - nmetcen hundred ~at}n~d Sixty- rive maetchosrn EDITH M. MIT and FR,;N LVERTGN both residing at '_14 Cak Streeti Fdchague, N. Y, TEf of 166 Nest Avenue, Pa_t ch_puu e,_ Ew Ygrk, R-SIE MacDGNALD of 172 River Ave., Patchoque, N.Y., MINNIE AN DS RSGN of 1545 E.Llnden St„ Tncson,AriZOna,FRED GVERT,N of 150 Maple Ave., Fatchoque, N.Y. CHARLES L. MURDCCF of 40 Seffersoo S L ,E_ISiip, N.Y. PEARL HGUDEK of 922 Pacific St„Fa ldwin, Fip R.4 GR 1ME5 and 7h,BEi2T LEWIS,both of 509 12th Street,Gregon City, Oregon, HARLLD L. E'd IS of 19H._ Peggy Drive, Pleasant Hill, California add ANNA EDIJA RDS of 43 Sayville, N. Y„ parties Of the first ce wa rds 1t., pact, and WILLIAM BRIAN K Pii llyc'~ E and BA.4BAe, HELLY, his wife, res rdme at. Nay Avenue, (no street number r) Cutchoqu /New York E Part 1 esaf the second part u n Niiftw&SP14 that the part ;es of the first part, in con siderati nn Of irURTEEN THOUSAND and 00,,oo (514,000.On).................... Dollars, lawful money of the UrLind Stxtee, T paid by the part i es of the second part y' y II does hereby Qrant and reins unto [ e part Les o1 the second park their hers O it i PARCE I. I ~ and assigns fo racer. ~1 M that niece or par..^ei of land situate, lying and being at oast known oqua, in the Town of s cld, County of Suffolk, and State of New York, known and Fara naiad as parts of lot 150 on a certain map entitled 'Ma Nassau (Farm" filed in the office of the Clerk of Suffolk County on march 2R, lg35 ro v as Map No, 1179, which said parts of lots are more particularly bounded and o w described according m said map as follows: M m FEGINNINC at a stake set on the northerly line of Bay Avenue 436.25 feet westerly along said line from southeasterly corner of Plot 150 as shown on "Mao of Nassau Farms situate at Peconfc, Suffolk County, New Yrrk", faled in the office of the Suffolk County Clerk as and by the Map all'9; runninc thence alonq said northerly line of Bay Avenue, S. 75° 46' 30" W. 62.87 feet to a concrete monument set at an angle in said line; thence still alonq said northerly line of Bay Avenue, S. 870 01' 10" W. 7,61 feet to a stake; thence N. 160 25' 30" W. 259,70 feet to a stake; thence N. 85° 46' E. 7!.,61 feet; 'thence S. 16° 25' 30" E. 249,51 feet to the point of beginning. PARCEL IT BEGINNING at a point on the northerly side of Bay Avenue and the 4 / k ~ eouthwescer Ly corner of iaec of c.v erton; runni[a tliersr 4, let! nd the 'I northerly side of Bay Avenue a distance o` 74.22 ~e - Girt . f hecce runr i nq Forth 16° 25' 30" 4. a distance of 250.1f et to i po_nt. thence P runnino easterly a distance of 71.61 feet to the r -t.w-1,r y corner of land of Cvertor; theme southerly along land of Cv r r a i tend, of 25q,70 feet to the pain'. or place of beginninq. ?LH E= to any art al'. zoninq ordinances or amendr'ects `.eretC, bereto- fere 7dogt'd by any Town, County or Municipality hevin? 7urisdirttco therecver, and covenants, easements and restriction= of rv ci t HE-'W 1,..) INTENDED TC BE the same premises descrited t_ 'ollawinq i deeds: Ha iFh W. Sterling to :a niel M. Overton and E : u- wort cn, his F wife, and H, Walter Fo ets eh and Deborah Louise Foetsch, wif" to Daniel M. ,verton and Etf le L. c.verton, his wife, dated Jcr.~ Lgf4 and AprSl i6, tg4A, recorded 7!12%44 and 4/27/48, Leber 25'2 rr'e and Leber 2919 page 275, res nect ively. 'I above named parties of the 'first are all n. ._e rib,'ees of the late Daniel M. Cverton, who died n resident of Luff,:k t.w York on February 7, 1965 (see Surrogate's File No. 176rtlg5s N Y 1005 • _Ir;nypln anA Snle UrM, with Cavenvrl apainsl Granbat-Inrlividval m borpmalion(Sipple Shmrn CONSULT YOUR LAWYE II BEFORE SIGNING TFIIS INS T RUMEN T--THIS INSTRUMENT S)IOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 1 2th day of January . 19nineLy six -DBETWEEN VdT_LG.I:AM fiRIAN Y.ELLY, residing at (NOLf) [rounders PaUI, I Southold, New York 11971 and BARBARA KELLY, his wife, residing at 7425 Bay Avenue, Cutchogue, New York 11935 a~ party of the first part. and BARBARA PRINCE KELLY, SEAN TYNAN KRf,LY, BRENDAN DUHIIiGAN KELLY, as joint tenants with rtght of survivorship, all_ resiclinq at 7425 Bay Avenue, Cutchogue, New YOIk 11935 r-i DISTRICT SECTION BLOCK tot D EM I._J VD] c Ll l'~ " L1 (ED ~1~ MO 40 party Of the sec^nd Plw- 12 $1 WITNESSE TH, that the pally of the lilsl pall. in consideration of ($35,000.00) TII1 RTY FIVE T1fOUSAND ..........................dollars paid by the p,v ly ^I the serund pal t, ripe; hereby punt and release unlo the pally of the second pall. file heirs or successors and assigns of the party of the second part forever, ALL thal cnomn pip'. lrieco er-nnref±l-nf-tnne_f-.r+i7r-1h r~+kHnR2-ent#=iro aa. PntWhiil"e wrgcteri-ailunle. tract or parcel of land, situate at Nassau Farms, Peconic, in the town of Southold, County of Suffolk and State of New York, bounded and described as 00 follows: s L ' 1EGINNING at a point on the northerly side of Bay Avenue and the southeasterly corner of ct : the premises hereby conveyed and the southwesterly corner of land formerly of Overton and 04 ru ping thence along the northerly side of Bay Avenue a distance of 74.22 feet to a point; k c TIENCE RUNNING North 16 degrees 25 minutes 30 seconds West a distance of 250.16 feet to a point; I IHI;NCE RUNNING easterly a distance of 71.61 feet to the northwesterly corner of land of 9 Overton, I IFNCE southerly along land formerly of Overton a distance of 259.70 feet to the point or place of BEGINNING. I"HL'. GRAN-FORS herein being the saute persons as the named Grantees in a deed reco'ded /11/65 in Liber 5840 page 536. Being and intended to be part of the same premises conveyed to Grantors by deed recorded in the Suffolk County Clerk's Office Liber 51340 cp 536 said part. 1x-inl that remaining portion of the premises not conveyed to Barbara Prince 1,01 ly fly deed bearing equal date hereof intended Lo be recorded simultaneously herewith. TOGETFIER wdh all right. Lille and interest. it any. of the pally of (lie first pall in and to any slrccfs and roads abutting the abovr, described premises 1o Ihr• renlar lines Ihereoh lOGETI-IER with the appurtenances and all the estate and lights of flip, party of RIP first part in and to s>dd premises: TO HAVE AND 10 1101 D Ilia promises herein granted unto the party of the second partr the boils or successors and assigns of the party of the second part forever AND the pally of Ihr first Part covenants Thal the party of Ilre first part has not done of sill for oil anything whereby the said premises have been encunrbeled in any way whatever, except as aforesaid. AND the party of the first part in r,ornpliauce with Section 13 of the Lien Law, covenants Ilrat the party of Ilia first part will receive the consideration for this conveyance and will hold the right to lereiva such COrIS00116011 as a trust lurid to be applied first for the purpose of paying the cost of the improvemenl and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sauna for any olher purpose The word "party shall be construed as if it road 'parties' whenever the sense of this indnnlme so reguiles. IN WITNESS WI-IFREOf? the party of the first part has duly executed Ibis deed Ihn day and year his( above writleu IN PRESENCE OF, WILII AM BRIAN I<ELI,Y i RECORDED FEU 0 1996 rnh;^,I:l_!r Nr,IL,r.I:. f'! S/tH DG SI IFLfII Y. f7:l lhiT Y ' StRV* SIIOIM RE USED BY LAWYERS ONLY. consmir YOUR LAWYER BEr E SIGNING TIIIS INSTRUII ENT-TIIIS IN U17V - :,i x THIS INDENTl3RE, rnarle the I ZCit day of January , ninctxn hundred and n i nef.y BETWEEN 6JILLIAf9 BRIAN K.F%I-,LY residing al. (noi/) Pbun(lers PaLlt, Southold, Flew York 11971 and TIAR13ARA KELLY, his w.ifa, residing at 7425 Ray Avenue, Cutchogue, New York 119.35 f7D'ISSTTRIICT SECTION BLOCK LOT M IM I21 (~R M IL-H E- Fm party of the first part, and RARI3ARA PRINCE KEL,L,Y residi-nq at 7425 Ray Avenue, Cutchogue, New York 11935. 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 buildings and improvements thereon erected, situate, [fr i5~ %f+iid($2SdgY sfiXtlSE~ near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 13 GINNING at a stake set on the northerly line of Bay Avenue 436.25 feet westerly along said file from the southeasterly corner of Plot 150 as shown on "Map of Nassau Parnts situate at /i sI Peconic, Suffolk County, New York", filed fn the office of Suffolk County Clerk as and by the 000 Map #1179; ^c I RUNNING THENCE along the northerly line of Bay Avenue, South 75 degrees 46 minutes 30 0 4 seconds West 62.87 feet to a concrete monument set at an angle in said line; I k : (HENCE still along said northerly line of Bay Avenue, North 87 degrees 01 minutes 10 seconds d West 7.61 feet to a stake; (A : THENCE North 16 degrees 25 minutes 30 seconds West 259.70 feet to i stake; THENCE North 85 degrees 46 minutes West 71.61 feet; THENCE South 16 degrees 25 minutes 30 seconds East 249.51 feet to the point of BEGINNING. PILE GRA11TORS herein be i.ng the same persons as the named r.all Lees in deed recorcled 9/11/65 in Li.ber 5840 page 536. TOGETHER with all right, title and interest, if any, of (lie party of the first part in and to any streets and roads abutting the above described premises to life 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, fire heirs or successors and assigns of the party of the second part forever. AND the party of lire 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. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises io fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free front incumbrances, except as aforesaid; that file part}' of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant file title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WTI-NESS WHEREOF, the (arty of the first part has duly executed this decd the clay and year first above written. IN PFFSENCE OF: \ 1 W1Li,I>yM BRIAN RIiLLY _ RECORDED FEQ 0 1996 f9 CILn li(rti,a.Bf)l i1'.fIFflll Il?> l; fTr1.,IE ()f= I 1141 V a ""'L K' • APPEALS BOARD MEMBERS ~t P~gUFFO(~, 11y~0~ 49Gy Southold'Ibwn flail Gerard P Goehringer, Chairman o 53095 Main Road Serge Doyen y ze P.O. Box 1179 James Dinizio, Jr. p y Southold, New York 11971 Robert A. Villa O~ Fax (516) 765-1823 Lydia A. Torlora~~ Telephone (516) 765 18(Y) BOARD OF APPEALS TOWN OF SOUTIIOLD July 30, 1996 Mrs. Barbara P. Kelly 7425 Bay Avenue Culebogue, NY 11935 Re: Appl. No. 4402 - Request for Waiver- (Merger Law) Dear Mrs. Kelly: This will confirm flail the public bearing on your application has been calendare(I for Wednesday, August 21, 1996 at 7:47 p.m. A Poster Sign is enclosed and should be displayed as soon as possible on a post, tree, fence, or stake within 10 feet of the front properly line (on your property). The sign must be displayed for at least seven days. Please feel free to call us if you have any questions. Very truly yours, I da Kowalski Enclosure n CA/. Cz[ ae~t . oct L /LP L) !cc ~~cc ,t~ .LD ZJet(_ CI J KE Qu6 sT e r e r Ld u.) n QI ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: rQ' ke LL 4 erS DATE OF PUBLIC HEARING: wt D. uC al l 1 If you ha a an interest in this project you are invited to view the T own file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD 0 (516) 765-1809 PA V0P I_s APPEALS BOARD MEMBERS o~~gUFFO(~ ear__ Southold Town Hall Gerard P. Goehringer, Chairman o ~ 53095 Main Road Serge Doyen co Z P.O. Box 1179 James Dinizio, Jr. Oy ~.te Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4402 Project/Applicants: Kelly Barbara P. County Tax Map No. 1000-101428 & 29 Location of Project: 7425 Skunk La., Cutchogue, NY 11935 Relief Requested/Jurisdiction Before This Board in this Project: Waiver for two deeded (merged) lots 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 6017.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • ~~gUFFO(~-C • O ~G JUDITH T. TERRY o~ yt Town Hall, 53095 Main Road TOWN CLERK w = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 4 MARRIAGE OFFICER Fax RECORDS MANAGEMENT OFFICER Telephone (6 5 6) 5765 800 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 DATED: July 8, 1996 RE: Zoning Appeal No. 4402 - Barbara, Sean and Brendan Kelly Transmitted herewith is Zoning Appeal No. 4402 of BARBARA, SEAN AND BRENDAN KELLY for a waiver. Also included is: Notice of Disapproval from the Building Department, dated 7/8/96, with application and copy of property card attached; copy of deeds; Notice to Adjacent Property Owners; ZBA Questionnaire; copy of subdivision map; copy of survey; and letter from the ZBA dated July 1, 1996. b0f,(3R2q riCI -6 E D~ PL.BT /5~0 ~ ~.LoT /S'o o 0 a a a,Ss ~o JU- 12M6 BOARD OF APPEALS. TOWN OF SOUTI-IOLD - III the Matter or the Petition of NOTICE TO to tale Board of Appeals of lire Town of Southold ADJACENT PROPERTY OWNER TO: YOU ARE HEREBY GIVEN (JOI ICE: 1. That it is the intention of the undersigned to petition t _ Board of Appeals of the 1 own of Southold to request a (Variance) (Special Exception) (Special Permit) the (circle choice l W A 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S G-r nn' 10 1 - N^ .11 - r-f y15 Skvuk 3. That the property which is the subject of such Petition is located in the following zoning district tQ_~O -1 that ht such Petition, the undersigned will request the following relief: (l-i lloe/L ro - --~'1' ~N t P-Sf-e r av t jNC To ov fno r0 tjnjoe 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by tire under- signed are Article Section [ ] Section 2140-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the dale hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 795-1009. 7. That before the relief sought may be granted, a public hearing roust be held on tire matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the (late of such hearing itrNrt1TrffVHC_+l,"Fe3'a*&in the Long Island Traveler-Mattituck Watchman, newspapers published In the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: J 11 Petitioner `7\ Ow n e r s' N a trips Post Of ice AdAress _ r' l l 3 S Tel . No. (Flo ! J4 (00'7 [Copy of sketch or plan showing proposal to,,.be atFaTcchedRfor convenience purposes.] 5 ~,ti,t:yf; ny PROOF OF MAILINf, OF NOTICE ATTACH CERTIFIED MAIL RECCIPTS NAjrt~ ADDRESS l STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK ) t pCpa t residing at TUB t~ u~ v being duly sworn, deposes and says that on the day of 19 deponent mailed a true copy of the Notice set forth onth_e re- verse side hereof, dire red to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assassin it `oil of the Town of Southold; that said Notices were mailed at the United States Post Of- fcc at MA-f_ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before 'm sis 741" day of 19 / Notary Public G Rp9ERf 1. SC T. JR. NOTARY PU tat@ of N.Y No. . Te?m72E><piras May 31• T 9-*~ r (This side does not have to be completed on form transmitted to adjoining property owners.) I: P 538 454 284 P P 538 454 P 538 454 281 P 538 454 291 538 454 283 282 US Postal service us Postal Service US Postal Service US Postal Service US Postal Service Receipt for Receipt for Certified Mail t Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail Certified Mail No Insurance coverage Provided. No insurance coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for international Mail No reverse Do not use for international Mail as reverse No insurance coverage Provided. Do not use for international Mail See reverse Do not use for International Mail (See reverse t Sent to Do not use for international mail See reverse S t to sent to L l s Sent to, Aj7'/o~t Street BNUmhey r L M1I Streetmyyr _ Stre Nu St ee uml2e real 8 Nu3mbegr 3 - ( 7~A( (t9 S b c- o wv S u r r 4H AJ ~ost OllStale, 8 ZIP Cude P St Office, Stale, & ZIP ode 'v Po ce, St te, 8 ZIP Cody r, ' P Office, State,, 8 ZIP Code st Office, State, & ZIP b -o T /U-L/ 117os- U i C(to v 35 32 YD GT POSW r 3Z Postage Postage $ Postage $ 37-- 9e $ Z Postage $ Certified Fee 1 Certified Fee Z Certified Fee Certilied tee Certified Fee Special Dative F. Special Delivery Fee Special Delivery Fee Specal Delivery Fee Special Delivery Fee I Y Restricted Delivery Fee Rest *A ee ~D "r F Restdged eea ~ V, I um Receipt Show'~e',, t m 8 D win ro a , m Receipt Sho t etum Receipt S w to / ^ g an m Whom rowing to r - m & Date I'll., / IJ Whom 8 Date Deli rn liveredra i ? red emm R to Wlwm, 7. Realm nma, sheNOp Whom, n Rehm Delivered / Realm Rec ing to Whom, Retu hawing ate. 8 Add 's Address j C D ressee's ¢ Date, ees t'' 8 ess Date, & ee's Addlld f'f TOTAL P Fees N T T ostage 8 Fe $ GO CD' TOTA =age & F $ 00 TAL PosWg s iD TOT ge & Fee $ Z E or O PosUna or Data j stmark ~DW¢f J € P Date i € Postma or Date € imadc ~nT CG1l.,, 0 o Rfc'o ~t o'D N REC LL REC'0 o_ a a a ii f. r i s v , OUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and anv otter individuals (and entities) having a financial interest in the subject premises and a description of theme iraterests: (S grate sh et may be attached-) A2~(Ak.(34C 4LLy B. Is the subject premises listed an the real estate market for sale or being shown to prospective buyers? { } Yes (~C } No_ (Sf yes. F1e2se at ~r~ copy of "Conti " of «i e ) C. Are the- '}zay vraposals change -C= al~er 17r- C=n= -.S? ( ) Yes { Na D. I. Are there any areas which cant -a wetland grasses? /V o 2. Are the wetland areas ;shown on the map submitted with this application? N A 3. Is the property bulkheaded bet-Waen the wetlands area and the upland building area? y 4. If your prove---tr conr~,n~ wetlands or pond areas, have you coatactad the office of the To ^^istees farts dete_^niaation of jurisdiction? .t/ 11 E. Is there a depression or sloping elevat*_on near the area of proposed const=uc~ion at or below five feet above mean sea level? N A (If not applicable, state "N_A.") F. Are there any patios, ccnc ete barr1ers, bullheads cr femazs which e-st and are not shown an the survey man that you ane submitting? novxa If none e.Yist, please state "none-" G. Do you have any cans ruction takiag place at this time concerning your premises? N D If _ves, please submit.a cop_v_ of Your building permit and man as approved by the Building Depar.nent- IL none, please state- H. Do you or any cc-owner also own other land close to this parcel? e 3 If _ves, please e= lain where or s Lhmit conies of deeds. i. ?lease list present use or operations conducted at this parcel ygcA„T L..-j- and proposed use T Aucacr__ _ S_ynacu__ a.c Dace ]/.37, 1D/?Oik § 47-I3 WETLA.YDS § 97-13 TOWN - The Town of Southold- TRUSTEES - The Hoard of Trustees of the Town of Southold- [Added 6-5-84 by L.I.. No. 6-19841 Wcil--.`1DS (Amended 8-25-76 by LL:To.2-2976; 3-2&- 85 by L L -No. 6-1984 :1_ 11DAL WETLAI DS; (1) 311 lands generally covered or intermittently cov- ered with. or which border on. tidal waters or lands lying beneath tidal watem which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet including but not limited to banks. bogs. salt marsh. swamps. meadows. flats or ocher low lying lands subject to tidal action: (2) 311 banks. bogs, meadows. flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grsss. saltworts. sea lavender. tall corcigrass. high bush. cattails grcunaseL in=sh..-.fl^w and low march carrigan=s^Var (3) All Lad immediate yndjacentm a tidal wetland as defined in Subsection Fl(2) and lying within seven- tV-tive (75) feet landward of the most landward edge of such a tidal wetland- 3. F.RESci:CATER WET" -X (1) (1) "Freshwater wetlands" as defined in Article 241- Ti- tle 1. § 2'.0107. Subdivisions t(a) to 1(d) inclusive. of the Environmental Conservation L_w of the SL-te of New York: and All !and immediate!p adjacent to a "L-esn"vater wet- land.- as defined in Subsection 8(1) and lyint; with- in seventy-five (75) feet landward of the most land. %vard edge of a "rreshu'ate.^ wgcland." 9705 s-as gUFFOJ, APPEALS BOARD MEMBERS ~GZ Southold Town Hall Gerard P. Goehringer. Chairman 53095 Main Road Serge Doyen. Jr.°y P.O. Box 1179 James Dinizio. Jr. Southold. New York 11971 Robert A. Villa ~r Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1996 Ms. Barbara Prince Belly Nassau Farms, Bay Avenue Cutchogue, NY 11935-1524 Re: Proposed Application for Waiver (Section 100-26) Dear Mrs. Belly: This will confirm our conversation last Wednesday that your application is incomplete and may not be filed, for the following reasons: tssueb the building department application is incomplete and a ~7~- ds t Notice of Disapproval has not been issued: L *11p 2) Both the Building Department and our offices will need A~k7 copies of all deeds of record for the parcel between 1/11/96 and ~eL 1957. (Only 1996 deeds were submitted to us. ) bob -c1U1 x 3) Please confirm in a letter or on a sketch the dimensions and sizes of each deeded parcel (the survey copy which was delivered to our office shows your property as a single 35,750 sq. ft. lot}. If 4 ~v 5 you have former separate survey(s) of record showing each parcel oT ~EJ~ separately, please furnish. At this time, you do not need a new SFiA$b survey to show separates lots since a waiver request is a review of Co^~q(f the history and "intent of use" of the parcels. 1' e( 1) If there are other buildings other than that shown on the ~o o s 1965 survey existing today, please attach a sketch noting their i~ location and purpose (use). ba oap - Hpy~ Please furnish t}he above items within the nett t0 days. Also, uP part of the consideration necessary for a waiver request is with regard to the proof of intended use of the subject parcel separately from the (Alter half of the entire parcel as merged during the past several years. (For your information, one-acre zoning was enacted Nov(,tnber 23, 1971, and the lots were in common ownership from 1/1065 through 1196.) If' we do not receive the above items (1) - (0) within the nett 10 drys, the papers must he returned to you for re-submission and ~¢ncQc~y/ a ~a Lm ~o 7 -3-94 -t"`tom, , 441 • Page 2 - July 1, 1996 Re: Incomplete Application updated notice to the neighbors. Should you have questions, please contact our office. Very truly yours, Linda Kowalski SOUTHOLD TOWN BOARD OF APPEALS INSTRUCTIONS 765-1809 FOR WAIVERS UND---- ER-SECTION 100-y6 Please submit the following, by mail - or hand delivery: /l/ l COPY of Building Ina "1dYS• The B.I, Inspector's 's Notice of Disapproval moat s Disa royal issued under Sections 100-yq a tate whether within 60 other approvals and 100-25. Otherwise or not the lota.are merged will be necessary. a different procedure and 2. j ,su / rub Cmitopited es for of your written he pication and all b ___p~ortin 3 issuance of t lsapproval. _ Notice of D' ~ documents Waiver Application t for ach ogether wit%th copies of o, typed or neatly writt_Pn ai n application avid naPPaY e wi rhddiffe aJUne t30r 1983 rm an lards nd(If tYourddeeds on wo rior rent instructio variance 4 Notre to Ad' nH and fee.) toinin Pro a• Confirm cu ~_rty Owners Form rrent adjoinin Assessors Office. l landowner names and addresses with private (Notice must also be given to rights-of-way and those lot owners of b. Send copies of this form b across the street.) c (with front side completely certified mail to each andownerY• d. Return is must bef ~mtmarked by gPost rOffice cbefore ylour surve with of notarized, with reverse side filing. to ZBA office with Completed ' signed and postmarked mail receipts. 5. Z•B.A. Questionnaire. _ additional---~ (7f "yea', box is information. checked, please furnish ) Please complete and sign. ~6. Ori- final and six Patios, driv ewa yarlwetland a sure showing existing structures, lot, fences and height, tanksareas, , etcsluare footage and dimensions of 7. $150.00 nonrefundable filin A letter fee check payable to the "Town Clerk.- confirming the date and time of forwarded to you within the next 10 days after 1e documentation. You will be asked to review of all the of th Pf pertyPri eCthere it is visible from Your streeeet property within 10 feet of I Your (a) abuts other property you own, Please al dby single-and-separate title search provide us pies of requested with co y board members for substandard lot (b) involves if one is not submitted}; s may be form will a lot-line change or an increase not apply, See Planning Board for subdivision forms, in use density, this s, an when appropriate, different ZBA oor lot line will be available. BA forma For Questions on (for a variance) Subdivisions: Planning Board 765-1938 Questions on Zoning: Building Inspector at 765-1802 Questions on Appeal Applications after Disapproval Questions on Special Exceptions: ZBA at 765-1809 12/28/951k is Issued: 765-1809 evisions i.. r N Js 3 _ 5cG~IGyr SEE SEC. NO. 098 ils 2 0 N zsz o 1 ct ~~}xi! pATC~LINE \rll o` j0' 3 A •'SO. ss s fi J/~= J W° LE CREEK riss .16 6'" \ , ti 3 .•P' ° j1. y° :P~ ,as in ~W 14 SCH• D. F. 'O D 8~ 1 , `yo y J / J of.,~Y\"'rsY ~o° oy~ } Z 128AaEP F. U. 29 44 0 \ 8 QQ ~P by OAT ~i 2 q~ .,s`,.t~~~ Y'~ ~l.i 1?? ~h ,5° icNOEH"DI TN L. D45 OF J• sC yryP~r. ~C`~, ti0 > ~y'C, '1 t % 'TS , ~r6 .1 S',•~° • 1 SOUTHOLD Q\C\~4 9•x 'S';p 'L~ ,:)t. ~.3 .4,~0 ,s nv •ix,s J 5.2 /n' o % ILA it,- 3 1 \ Qx,S 4 Vl , AlO" 16.1 \sn. ,o /y ~a \ do`s • ~ A lc~O s•18 4 ° J ti9 ` ~0 ° / / / / .Y $ 19~'f ^ :.v~i,., O xss ,z»(~ w. us I. j $°N~ \6 020 w s ,x,4 y 2~ w \ \19 p° 2~ y, S\\ 6.1Atc) 19 z°° 'f, 183 o_ 2 A 23' ,w :,o \18 \s .w ,w,~'~ 1 z W n' 3 3,?~ x`' J\ ` ¢ 16 ,a l ° ~ \,w p, ~ ,w s p,. 18.2 ,Lp 15 . 16 ' s: 1\:w \ w ,P sa x. \ \1 to / i 19 . $ 4 ,'•s ~ s ,:s 1~ ~ ^ 9 tw ~ S ~ 10 ,az 149.5) & Q I,. y n "s ° / 0 ,a 1 2 , , ,s, n ° J 22.2 ,oo :a ca, 6.1 c) 1 a' z,. ,1, 2 ,s tiZ s Y ,s, ~ 22.3 ~ 5.9A1 y II. o V UE s 1 G ~ j ~ tt 6 P CHO t Ul / p151 • tcxoc~ asta~ SUFFpI.K PAPK I 8 axo• ,N. 4 'fi,/ y ~ y ~ \0 9 20 \SP ~ n \ 6 13A1c) 4 y ,w ,3OPC\ 3.t S ~ ~ r ~ 7 I G\ w` zes P Y osO` .y _~o° 10 ''4~O },2A1c1 ~,y K' •S3/~' s •G ,b m 9 90 'rL O s 1 .r ' Y. J , x 0 i ,m ~ 6 sw 150'1 .a Ttt$ ~ ,L,APIC\ l ~~"Gy s `~.Y S jz 1,L 11s )wil, Q(l. ,1. ;1." 13 ' ash ~ sa° y~ we SEE SEC. M0.1' i 1 ' 13 12.1 y s 50t la BROADWATERS COVE m ha s .;66• 4 1A ,s ,s 12}'3 .r,'2'315 0 1 g as ,W . ;P 5 1' 1 O C7 T ' ,cs. ,ot ss Al s° os 0 P s +}0 6 a° "''•1,,ss s° x,+ 7 ~ ~ ,L 1'S d x 18;1 r 1,s ,s 01.9 ,s O 16 ,s 1611c\ 1, lcl i -a z, ti9:d P~,° s „ '9 19 " 12 1?A 5 25A L~~~ TOWN OF SOUTHOLD 1.4 a, ,PS s O 1~ ,s s 331 - "s ll~ a.' S~p 2.1 ruNPERwarER (Jwoz V - I A(c) ro ,az •.16 0 10 s 25a 7o~ 0 \ 5 12 us. ;p ~G W $ sx ' O .Ss ,s .s t J .s 31.4A(c) •t' Q 3 'J+ uao. ~y1I _ ti \1P`c\ 2A 15A1c\ 1.4A(c) } Y s• 5 ,1,1 S -s tPlct 9 2 4 Y r u 2 uw Ssx ; ,a t^'~ cs , s 'b j A ,a l ^ s 2 \ 2 _ SM1F UNE 3AlG~ 5 ~ ~ / \ :av asn ~ i mn i I 1 n o a.n as .V°' ~ 1 3 ix, Y as., _ um nm 1 A r~ ~ ~1{ v n~ ^I I .~1 I nm~:,a, ~uo v:- 23 ,w• ^g ~w --t--.1>Y.««..•~ Cn iE-•~I. oIw 1°1 " I REeea6Mf, l l NP. TM? E•yMt,o 1000 + •aa p _ c SEE ]CC .0:M 2 An. ]EC CCC NC 086 LWC X V .r Vw,Ew MAY:X Ll HE d I --I •nMITG ME YC[9 CeE1M[ _ _Z. 'J -J z y z z _ ,~L3 • ][kl C r. _ C J X[N.MM ti[ 'On LIRCEL M0. In q m . P S y9'. \t 0 .e~ ~.M\ ')I, Ck Vi"r9 ~'P y ' f 09 'P q $ SEE SEC N0. ON[-0].00 I>-0TBl .~J Ni.SP lcl S.. C~L9 'ECe9 -a09 Cot y-. fQ^Ce'I°+tbi Ser_+r ON IV z \ ~•a 'r; ,.JS .a yoo yo r°jo m, m° ,61PO I` az V e a• 1 * oy >,\E >\epy\D IN .erc ..\/2e~ 'a \ Q\pN ` µ ~.s >6 Z 6 a . `J S 1 -11,013 .aaR 'a ..zit . » ~ 'v - t rta .15-81 lo- E• roe pi ..d.da isva t.. ' fO. ,.y 0 S' S~ 1- '4.90 • • d` a ' •'r to ti ~ ty\ i 1 I>.r > t' t K \ IRI J > yLL~ TV B [0 'P 6 • yp M SCE SEC N0. Ib 1 - / ~ 10.I . 1 QO Q • 1: °c 9J v p x11.1 • IS lop = d b M IR CIA £ , 141 N A. Ell Iz At ej CO 1 n ti;'M\ S. . O Et E 1 I.~d O• l \ / J ~L\ rI bPI _ > Y ,tE4 gO4'F' l.Y) J \R. \ ~ _ ~ l y'i - ' e. ry e - Iz ~ 1 ~ C o `o•\•T 83 , 4 t'°" \C MR PARCEL N0. \>0\ i! It POl> ? SEE SEC0] M010. YO.YCI II 1J. ~M U~ C. -DM ~ 1 ''~^I r~~ CY 9 `ate ,M1~D ~ \S ~ PEp~ • / • ~ ~ I v D Ltl e. [ Xt. [.E6 9 M1~, `a ,f "101 _ ( ~N ML[[i OTX[R.rL[. .L MOILRII[E n )tt e'Nt MATCH LINE \.Y \ 0 M[ • THE IOLL0.1.[L IiIY. I, 111'NI''), CY co S 1 ICN00. T MIPL - \1 I~ It M1T[1 2L 21 w - ~ ..P. I 363 Legend 1 N -o Ur McNOC SOUTHOLD SERWN NO. It, EER 0.•••ry.iVLw E•nhln• w- imm.a Lr -.I:--- Mµ.rr0.n6•rLrv_-.X--_ yi.nmwLxs. 1,H) © COUNTY OF SUFFOLK .ICPE W. .Owrr•. L.•• _ P•rw D•.. p••dKrv,rw 6: O iM [•..rlr.y fy.wr. S.Y..p..L. L<. ~TIv.11Ylw utrr 0..rea L.. =~L-___ ei«L,4. D,r.r - Real Property o Tax Service AgerlCy vILUCE OE 093 P••L••x•, Iwgl.•,.• Y.LF IN ifET C e..ir 4.L L.nn _I.'+J. V.,n.a:Lr _i.- h•.w n prr. i« ILN~ I^ 0n1y Center pSTYCT NO. 1000 s.... s<u a...•rL« eX L- --.E_-. SuM+n«BI.Y X.. rm iCe•w...w ram I m. Riverhead, L 1, Ne- York PROPERTY MAP 133- 3 xv i a O ~ TREE R~ ` P`~E ,o axs` _ ` 3.9a +d j.5 na,` $ ,ee 3.2 a 35 x V a na 36 ^ 8 3 4 „c so cpa K x9 37s s38: nom, 6 A ss= l' jeT \1A 9 5 Y ~ nom` i ~~.e. 6 ~ xsv ~ N m 0 c i S C7 t 9 ' m 1 ' y n xse N as 20.1 x..~ 34 xe. ~ 1 $ 23 24 5 +se ,x. r. ap z7 A /a 1z SEE SEC. M0.091 SEC S. rq 091 SEE SEC. n0.09i g` 368 _ WTCX _ LINE N[iCx LINE NGTCX ? LIME <TCX LINE l•/]T' •[fz, Y~ vn w r Y Vl.O`0 ON NINCEL M ( L N • T z 1-tl. 19.3 ,LO \ 4 OVtf .T SEE SEC. NO 09 r01 za1 5D°C .e, b1 s s _ Na n -oe-aJl.z e• u ti /J 6,• L9 • / Q 8. IS lea .y s "ax .1. e3 !:•s! i? 6 s ' i „ tFPIL o ,e J 1 /.L ' : w ° ..es Pte" ti O ,998 _ ti nN,DOS£., u x 2•yd EB- a ° y.,.• •,F I .-a, > I ° i ti 09 • le \ .o i J x.x J • e, eLr• li , p0 :-_es s9- ~ - 2 9 ~ /j ::C PINEtREE .t 8r J ? - _ Nov rW~' Ie L1 0.8-84 'a 0. ~SWLS as-- J 4 7 /g,.L ; e ° J e Ye'~v ...1 _ % :~x• ° z] 2x 2 •ladl s; j v -Sp Yy it ° x u. Nl<1 i LP 29 SEE SEC No []6 e' FA'NN . a m • 6u ] 90 SJ% e10/: 9 y B_ B g 2! a 4 ; M ]O i 0 SEE SEC NO I]B\ J-91 _ J;/ ` N /J J M .mil 6 - ,r p ]9 : 5] - ]t 5 x ? i I. ,11 ~ ± J / l90 I.. L 21.1[1 t/ « > r @ r ~ 9 ° So'y' 1~ • - EN.~RY I ]e J9 w - ]sz JO B _ ~ t YI n 12' _ J1.2 ]i yY: - - _ \ , zt ze z zs : .9•e m.e ..O _ ] .a .1 : - sal x ' \ / I. fT . - / 1 `q: a 1• _ ]i.J x z9,1 , btt `,N _ ti- « ,b • J~~ ' ' A mot - J zJa' 9 /eYr/ `-i~~_ a xur ••D O a _ tp H z i o?Ie/ r4 c/ ~ ro O [W ze/: _ Ii.• WILSON, "6 i e 10 ~b xi -`i \ L, NS $:a9J ° e BALDWIN PL. twl e > a`~a j '•.'toj a *0 ° a q~f le ?b ry /Z_ / ~ \y~~P 9EE 5[L. NO NJ I J'yJ ~xLf\ , w • ] 2D /g, o-• /t J/ C ~ i s • 9y10, • ~ . z ' x 4'L r ? p erOa.4>y,/t./ b _ „e, > lR x O ~ ~ L \ 4 O Y ^9 9 Y ra 't II ?'P'rJ ' N /to. - J a Ok a•1lr :22.1 c ~ /N SEE SEC. No I]i Ix f . 4re>v ter - / : yJ zo z Nf .o'~i /toy ~ ~i~a ~ t a _ k o > <~6z. r''ws_ zoy</ a .«µ,f9 y zz ~/o'</ /oe/ ~ .,r ;Y~\ M,[~~J / • J zj x < b ~O JQ 3 a a° S > zap/"4'~~z : J `13? z> P. N z0' J/-l ry •p W J x i / i~-~ \ SEE SEC. Na 1]] s r \ . 1 - w Y I4 « OR B- y i'!0 SEE SEC. x0 I]i t - Fq P<XCEL,N0. 'Ox PoMEL NO. n \ „/J'J[ •p ME SEC NO .O2-C6-920.1 d ME SEC NO 110-OI-W3 ~s• 5 f I a v • > > O- , znpo- x:efp. VALCM Z LI XC ~1 p- n NB _ 9~ xL[a. . .xx rf [D ON I<TS: far.c[ I•,e? fu[x ~ - uu,uuc[ ur[x ox. s.[ w x. p_xx-_ Sx.xr t e _ L.a.nd I ~SN.f_ fxr .xr _ © _ N= COUNTY OF SUFFOLK *DxN^r 5UU7HOLo - ~ _ - _ _ __•---I.~..~..-..=_ D...`~I` ~ _ _ r.•. IRaal ProPeaY Tax Service Agency 1 .IN.< O cJ..xr, T[ I°~~ I I ~ Im vl G:.-t nd. 1. N.. YerY IdLgr_xn I000 I n 1