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-- _ — _ _ s7`� M APPEALS BOARD MEMBERS G Gerard P. Goehringer, Chairman c y� Serge Doyen Ca x James Dinizio, Jr. O .F Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4432 ACTION OF THE BOARD OF APPEALS APPLICANT: MARIE TOBER SUBJECT PARCEL: 100 Wood Lane, Greenport. 1000-43-04-33. ADJOINING PARCEL: 55 Inlet Lane, Greenport; 1000-43-4-38. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1809 11/19/96 GROUNDS OF REQUEST/ REFERRAL: Building Inspector Notice of Disapproval issued October 9, 1996 stating "...Under Article II, Section 100-25A(1) Merger, proposed construction for a dwelling on a non -conforming lot created prior to 1957 that has been held in common ownership with adjacent non -conforming lots sometime after July 1, 1983...." TYPE OF REQUEST: Waiver under Article II, Section 100-26. OTHER INFORMATION: 1. This vacant lot #33 was conveyed with a lot area of 10,500+- sf. to Mr. and Mrs. Kenneth C. Rogers 6/17/64 during 12,500 sf. zoning size requirements. No dwelling was ever constructed and no permits were obtained for this vacant lot. 2. The adjoining lot #38 consists of a lot area of 14,500+- sf., which in 1967 was conforming under 12,500 sf. minimum zoning requirements. A dwell- ing was built in 1968 upon this lot. 3. Deeds have been furnished to show the lots were single and separate up until the date of death of Mr. Tober (see reference on Assessor's Property Card of 2/96). REASONS FOR GRANT OF WAIVER: 1. The above facts are hereby reiterated and included. 2. Each has always had single tax bills since lot creation dates. 3. The 12,500 sq. ft. zoning was adopted by Town on 4/23/57 (lot merger theory was not strictly enforced since about 1981/1983 for local zoning matters). 4. This neighborhood consists of many lots similar in size. 5. The land will not require a change or alteration in contours or slopes, or substantial filling of land. 6. The increase in density by this lot waiver is for "one house" since one of the properties has already been improved with single-family dwelling construction. 7. Most lots in this development have been built upon. 8. The grant of this waiver does not set a precedent for other vacant lots due the unique circumstances of this particular case history. MOTION MADE BY G. Goehringer SECONDED BY J. Dinizio. ACTION/ RESOLUTION ADOPTED: Waiver granted as applied (each for County Tax Lots 33 and 38 pursuant to deeds creating the same). VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Gerard P. Goehringer, Page 2 - Appl. No. 4432 Waiver Request - Marie Tober Decision Rendered November 19, 1996 James Diiiizio, Jr. Nay: Member Villa (due to the small size of the lots (under 20,000 sf.) and that it is his opinion it is not in character with all of the lots in the area.) This resolution wa ly adop, 3-1 GERA D P. GOEHRI GER, C AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE /a/ 411� 6 HOUR . � _—/ ��- _ Clerk, Town of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 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: - NORMAN WHITEHEAD Owner. This is an Application 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 Neck, 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 accessory 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 #1 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 #1000-31-14-12. 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 #1000-10-7-26.1 (formerly 17 and State-owned land w thoui a County 1). 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. Appl. No. 4424 - EILEEN MORINI, Owner. This is an application is 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 Cos 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 REAL ESTATE, INC. referred to as 8550 (vacant 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 1000-122-7-6.6, 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. 4429SE - 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 Linder 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 be designated under This use variance, ii allowed. The grounds 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 Yre. 2d�/ 4,%1 YT, -3340 3) d LCGl6f�tc x'41:33 nonnn nfo. i 7'mM OIT SU1.J'1-11(L1) IIOILOING brAIAR'1'PIEN'1' -1 mm CLERK'S Oi°I'ICE SOIJ'1'Ilou), M.Y. NO'I'ICE01-' 1)1 SAPI'ROVAI. To f Oct 915�6 IJalr, A915P................. for Location �rl'Ioperty �Jp. NO. �? Q..7 - !inose No. ' ' .. - . . ' Sl�enf Irnrnlnf County T'ax blab Nii. IOI)0 Section , ...�>...... Illork ...Y ......... ...... I -,ileal Will No. Lot No. s returnrd herewith and disapproved on the lollominp. grounds .1/OtC1e /16 /DUo— �3 - ri�,3.�'t.s cTtcx?-.�- �i4--% ��.4-',v?. J './7. ,..' . �.�'e� .�•�-�?�.:. r-r� . '/c�y^a�.: ���1eCP?J/A.", c.,,. t� : <c ?i .. C g%.. !G':,��U .. G c�7//S Oy/-. �., // ... ..,. .r.....,, �'•�r� '...d i.na..Inc. �cCor...... . h ton is4,e cT l S 17V t/80 ..... _. _"" _ ."' __ ( fJ _.moi _T__.' l ,_ / _.� � _.. /r.... ..n... vaw✓%�.' APPLICATION FOR WAIVER UNDER SEOIION 100-26 0y/C. //TJJ171996 This review is for lots which have separate deeds recorded prior to SOU"IdTOMCMd 3 and- undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R— 1746 The size requirement for this zone is: 410 p5 square fee per parcel'. County Tax Map Parcel Nos: 1� 000 �� - _- t33 �• I (we), , 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. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (Applicant and Owner) 0 (Applicant and Owner) Sworn to before jne this 1 9_qq/� o?D y o f ff�gc �v. PATRICK C. MOORE Notary Pubkr. •+ - New York No rary Public Suffolk County ,vu. •?6616&8 Qmmission Expires June 16, Z n A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next page)• APPLICANT'S REASON #1: i.$:YSN����ilf Yii F�'6?�'6M �.C5.•,,'~f APPLICANT'S REASON #2: (PLEASE USE ADDITIONAL SHEETS if needed.) LZ Iddd 3 — *fOWN OF SOUTHOA P ROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT Q.r� o der:.. (�f/ G2rl-zc-c.� t.� - Q 7J�' FORMER OWNER r Nos I`F ,�J , 1.TS BL EN ID IO p ,A Ole ACREAGE y� Olt k/1K,ENnI L % e rl d E%'ri � S W `f�llt TYPE OF BUILDING RES. SEAS. V . FARM comm. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS _ 6�JD L.SS63 X17': 00 3 0 ti (, o Su LD 3/b/79 7 S. To 61c/t add 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value.Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland — Brushland House Plot Tota I , Ala, VAO XIS _') _lim-, OWN , OF. SOUTIROLD-PROPERTY RECORD CARD L` OWNERSTREET -. VILLAGE DIST. SUB. LOT Y FORMER OWNER I Nj ut v ACR.�3 I S ` - "' W TYPE OF BUILDING RES _ 0 SEAS. VL f'r FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ati ° C r - we �'P'/ 9%6 3 J—U S r,A yti il/l/77 So mil M. 'o pe r? %o I-, 7o W syi'o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH I� ,dot WMC%f �1 a.W.K449AD Total. 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'' &.9anleaf~Mlmbrhery sun" ;eriyblhc p§IeMI%rxiwmtlatsunrer ' 'k GAFeled. endan hbbshetlbda •� t cs., v+t•��i Ne(wromnY,p00emmmrtsl"WXVsnd ,7arMVInE?aWPonJk' dham;n±.nd-., t fa9wess�sg; K�G.d cl.9 akhaa�2.:.q r-'lufia�. due .kwxe:b�WkCwatlL�sa`w x or suoxegw'nc 2 Y: r r - : ✓ t r �' Y zi a1 Vr t IC r t IL LQ { r. 9c _ y v a wnayy e MYn th ar_tion 7208 of fhe Newew nM1 Last. 1-3=tlw law, Copan d f his survey map nm boa" Pc ward surveyors Mod ead ar a.^bossed walshay nW ba—kwmd %b eavafid Wacepy. - aan:edeasM�ledherwnshed r.+ m_b to the pwsan forMrnt tha surm Is "pered andan his behedfa dw W, tronpany, ommna dage rcyRM F lending mWBudon listed hereon and to fho r wgnocs of the Wading hsf >„C= =L CS zm nat trars:amb4 - bedJ"' i�sbro:ians ar wbapuevY ywr. 2ac�c�� � Rmc4 s Ba --e ROAD MAP of LAND Si1RVEYFsL} F4R EDWAIZO TOB£ NEAR GsaeEwpoi.tr -row'•i OF 4`itJT41&�6.L�� N. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Patricia Moore, Esq. 315 Westphalia Road Box 483 Mattituck, NY 11952 h�o�oS�FFo�,��oGy 0 y x �ol � Sao BOARD OF APPEALS TOWN OF SOUTHOLD December 2, 1996 Re: Appl. No. 4432 - Waiver of Lot (Marie Tober) Dear MILS tee: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the Board's determination rendered at our November 19, 1996 Meeting. A copy of the enclosed determination was also transmitted to the Building Department as an update and follow-up regarding the initial permit application. You may need to contact, their office directly to determine what else may need to be submitted by you to obtain the permit(s). The Building Inspector's Office may be reached at 765-1802. Very truly yours, inda Kowalski Enclosure - Copy of Decision Copy also distributed to: Building Inspector's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora h�o��gOFFO(kOka A N x BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4432 ACTION OF THE BOARD OF APPEALS APPLICANT: MARIE TOBER SUBJECT PARCEL: 100 Wood Lane, Greenport. 1000-43-04-33. ADJOINING PARCEL: 55 Inlet Lane, Greenport; 1000-43-4-38. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 11/19/96 GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued October 9, 1996 stating "...Under Article II, Section 100-25A(1) Merger, proposed construction for a dwelling on a non -conforming lot created prior to 1957 that has been held in common ownership with adjacent non -conforming lots sometime after July 1, 1983...." TYPE OF REQUEST: Waiver under Article II, Section 100-26. OTHER INFORMATION: 1. This vacant lot #33 was conveyed with a lot area of 10,500+- sf. to Mr. and Mrs. Kenneth C. Rogers 6/17/64 during 12,500 sf. zoning size requirements. No dwelling was ever constructed and no permits were obtained for this vacant lot. 2. The adjoining lot #38 consists of a lot area of 14,500+- sf., which in 1967 was conforming under 12,500 sf. minimum zoning requirements. A dwell- ing was built in 1968 upon this lot. 3. Deeds have been furnished to show the lots were single and separate up until the date of death of Mr. Tober (see reference on Assessor's Property Card of 2/96). REASONS FOR GRANT OF WAIVER: 1. The above facts are hereby reiterated and included. 2. Each has always had single tax bills since lot creation dates. 3. The 12,500 sq. ft. zoning was adopted by Town on 4/23/57 (lot merger theory was not strictly enforced since about 1981/1983 for local zoning matters). 4. This neighborhood consists of many lots similar in size. 5. The land will not require a change or alteration in contours or slopes, or substantial filling of land. 6. The increase in density by this lot waiver is for "one house" since one of the properties has already been improved with single-family dwelling construction. 7. Most lots in this development have been built upon. 8. The grant of this waiver does not set a precedent for other vacant lots due the unique circumstances of this particular case history. MOTION MADE BY G. Goehringer SECONDED BY J. Dinizio. ACTION/ RESOLUTION ADOPTED: Waiver granted as applied (each for County Tax Lots 33 and 38 pursuant to deeds creating the same). VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Gerard P. Goehringer, QS Carr _� Page 2 - Appl. No. 4432 Waiver Request - Marie Tober Decision Rendered November 19, 1996 James Dinizio, Jr. (3-1). Member Villa voted against due to 20,000 sf .) and that it is his opinion it is lots in the area. • This resolution was duly adopted the small size of the lots (under not in character with all of the ,V Note to Applicant: Please try not to remove sign the hearing. Only seven full days is required for it may, of course, remain longer. Thank you. HOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of MSC Te COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING until day of posting, but I, l�tr/�ytC4ae //Gori', residing at 3%D lerl LQ�I 56y�6/c/ New York, being duly sworn, depose and say: That on the3ro( day of IVC) Y& ,/ew , 1996, I personally posted property known as " 55-:Wi fzt la+,. -t /Co Wood LQn¢, 6r-eanp r2'— by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held ////'f/ , 199.) Dated: /// / y , 199fel gnature) Sworn to before me this /L#hday of NO 1/ • 199 -(g, - Notal WILLIAM Q. MOORE Notary Public, State of tVew York No. 4832 J2i3 Qualified in Suffolk County Commission Expires January 31, 1990 Unde�siZE� Lois; I aiver%-Sec. loo -z6 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: IJoi�L�� DATE OF PUBLIC HEARING: 1qJ •.O5�Murs-o v- If you hve 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 4p.m. L BOARD OF APPEALS •TOWN OF SOUTHOLD • (516) 765-1809 �n�ET t 1�1nnA L I�N� 5. GrPPn P�, R -T 0 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortom Appeal No. 4443 Project/Applicants: County Tax Map No. Location of Project BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 S,E.Q.R.A. November 14, 1996 TYPE II ACTION DECLARATION Marie Tober 1000-43-4-33 100 Wood Lane, Greenport, 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. SL; W ywe BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 S,E.Q.R.A. November 14, 1996 TYPE II ACTION DECLARATION Marie Tober 1000-43-4-33 100 Wood Lane, Greenport, 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �'1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: October 17, 1996 RE: Zoning Appeal No. 4432 - Marie Tober Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4432 - MARIE TOBER for a Waiver. Also included is: Letter of Transmittal from Patricia Moore, dated October 16, 1996; Notice of Disapproval from the Building Department, dated October 9, 1996; Notice to Adjacent Property Owners; ZBA Questionnaire; disclosure statement: copies of property cards, surveys, and deeds; and acopy of tax map showing both parcels. 0 0 PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 October 16, 1996 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for Waiver Under Section 100-26 of Marie Tober Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Notice to Adjoining Property Owners form 4. Z.B.A. Questionnaire 5. Disclosure Statement 6. Filing fee check of $150.00 7. Copies of Deeds prior to June 30, 1983 8. Copies of current Deeds 9. Copies of surveys 10. Copy of Suffolk County Tax Map Please place this matter on your hearing calendar. Thank you. PCM/mr Encls. 1 Very t yours, Pat lcia C. Moore APPEALS BOARD MEMBERS Gerard E Goebringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1996 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1809 Re: Your Application Piled for November 14, 1996 ZBA Hearing Dear 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, dda KowaIi MaryAnn Cybulski Noreen Frey Enclosures OF APPEALS sory Bed and Breakfast Use in 7:50 p:m. Appl. #4433- BOARD conjunctionwithhisresidenceat� FRANCIS& CHRISTINA TO WN OF SOUTHOLD 14909 Main Road, East Marion, DOYEN. This is anapplication NOTICE OF HEARINGS NY: This Bed and Breakfast Use based upon the October 9, 1 199 NOTICE, <IS- HEREBY, must be accessory and inciden- Action of Disapproval: by the tal to the owner's residence at this GIVEN;pursaanttoSection267' Building inspector 1 under.Sec- : oftheTownLaw.and.theCode property, and is limited to, the tion 100=25At"Applicants are re rental of three bedrooms within estia of,'Ihe.Towaof.Southold;; the qu g'a-Waiverwhich has:' following. applications will :be the existing residence and serv- been provided by Aiticle ll;'Sec- .heldtforpublic:heaiingsbythe ingofbreakfasttonot'more than tion 100=26forundeiszd&lotst:i ,SOUTHOLD.YTOW BOARD six casual and transient B&B held in common ownership) o=? OF,c1PPEALS a€NiatSouthold roomers:,)'roper 1D,,1000-23= ca' W,allPiop`er ROVlt'bff Town Half 53'095 Main Road I L 2.3•AlsoreferedtoasLor#1 I Her7ga'fStieePrF'isfi�rs�sland;r Southold,,NewwYork 11971.; on on Minor -Subdivision NY Parcels'as;Wfiibi' -J iiow THURSDAY; NOVEMBER by the:Planning Board on ;or knowras ID00 YO! F?26r1(fot=1 ,141-4996:110 gaii"^about 11/24/80 - . . ^.,s merly ]land'"State-owned=land- 7:30 p.rri. Apps: No."4425SE- 7:40 p.m ` AOL Nor `4421= withoura Co6nty'#} d' .,, -a ri GIselBci�Morchel,-,,Owner. HENRY TRAENDLY. This is -� 755p -.,mi ApphNo.4428 ''-' Canyoverhearingforaproposed anapplication based 'vpon-the VINCENT& AND" EDNA Accessory Bed -and Breakfast July 12 1996"Notice ofDisap- OUATROCHE This is°an ap-- Use at Main Road` and'Crown provilbytheBuilding3nspector, plication basedupo6theSept=2 Land Lane, Cutchogue.) - : * in which applicant isrequest ng ber 23, 1996'Acti6n :of'Disap-; "7:32-pin:AppLNo'A435- approval.ofberwithfence"as provalbytheBuilding lnspector- RUTH W. BOEHLING'and R. built" at a mtotal 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 ayariance basedupon XXIII,Section 100=231,fo'rthis ' which has beenprovidedbyAr-- the October -16, 1996=Action'of front yardarea:Propertyknown ticle II, Secti6n�100=26 for un<'_ Disapproval, bythe'Building=In- as 1'3220-Main"Road;'East dersizedlots hel&iacommon spector under Se6tion100-25A. Marion, NY; Pacel'Id. #1000'- ownership: Location.60ropertpr Applicants are'requesting a 31-14.12. Vacant land laimm as 1:10 Sun 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 lotsheld incommon 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-- ' Lands 180. Custer Avenue, proval by the Building Inspector 33-4-70). :- 'V 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` 1-00=33C;in- which i This is an application based -upon 8-3E Also-showlronthe Map of applicant isrequestingapproval, Fairview Park, SeciionOne situ either as a "new permit or as an ate on Pine Neck; approved by ', amendment- to building Permit the Southold Town Planning' # 15772 based on the sketch sub- . Boardon8/l/1961, - mitted forapproval by the Build - 7:35 p.m.Appl: No. 4431SE' 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- 3 -14-12. 00031-14-12. Jam. Ll I 1 CV the June 27, 1996 Action of Dis- approval by the Building Inspec- tor under, Article,1111--Section 100 -30A.3,, -for a deck addition; as_.built, -due to ianJnsu£ficient: rear. yard.setback at;2110 Cox: Neck Road,shown on thesubdi- vision Map, of,jollewood = j Mattituck, NY; County Parceh . 4100,04240-1- 25A; 1000=1.13 10 2 25A: Applicant isfrequestinga; Waiver -which has been provided, j by Article II; SectionA00-26 for, undersized lots held in common; ownership, LocationofProperty-, Vacantlandknown asl00Wood: 'i Lane, Greenport County Parcel: ID #100044-33 which adjoins( applicants' House at: #55 Inlet Lane, -Greenport, NY"(1000=43 4-38). .,:. ,8:10 p:m :LONG'dSLAN1i LIGHTING:.' COMPANY:, concerning, premises,presently, ownedbySTYPEBROS. REAL-, ESTATE;;INC..referred to;m 8550(vacant land)_Maii Road„ Mattituck:(near;Laurel) identi r 1 fled as 1000422-7-6.6; further, I identifiedzs L"_#2 consisting of 35,799s:f as shown oathe sub= plicant, os contract;vendee, is requesting (a) Appl No. 4429SE- Sue cial exception for Use o£Vacant Land asshowti on plotplan fora compressorstation.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 whch exceedsmaximum l'end6-1 e6ght restriction off feet when located in the frontyard, and which ez- ceeds 6 1/2 feet in or alongside, ' and rearwards. - of Disapproval under ease also do tint HUAKO Ut'ArrhALJ ' ` GERARD P. GOEHRINGER, Chairman By Linda Kowalski' 1X-Ilf7/96(163)1 VIII, Section Variance3ba application -t spectorfoia The Variant 8 15 p m Appl #4436-' JU- the proposed SEPH `and MA.UR' EEN j forshowing'i FRAZZM— A T]idisarPappli- : j in an area to cation based uponttre:Ivlareh 29, I der thus us 1996 Action of Disapproval by I The groads unr . the'Building Inspectorde 3,1996 RU'Ac Article XXIII,' Section r100 ' I tion was issue 239 4(B) in which a I p 1 16a' fif is" rentaluse is.i proposing to construct showe_6� m thus L1m1t Zone District storage room addition,' at ress'� i than 75 feet f mn'the bulkhead,' erty :7362 and which does not meet the jnP°ft N minimum required total side' No. 1000=45- yard setbacks (35 feet), per Al - 11 The Board ticI6 XXIV S6eion100'244. { saI.rdumeand all persons i Location of Property: 1420Ider" I de-sidngYobe: Way, Southold, Cedar Beach`, apphcahons=11' Park Lot #97;,f11ed rs 1927; County Parcel #1000-k-'116;, may a'h—lie, containiiig21,772s.f.' r `'': the conclua 8:20 p.m: Appl #440P" hearing.Tlier DAVID DEFRIEST, Terrant'•t' I notstartbefo: (and Mr. --and Mrs.,Joseph-_] nated a" Gnozzo, as Owners). The Boint" ' i carryover he on its own motion, reopens the = may be revim subject hearing albsed'July 24;-' business; hou 1996 for further factualinforma'= new informa tion from applicant, et cetera- questions "01 The applicant is requesting °a ! hesitate W4681 Variance base"dupoatheTime3 ' -x.06 1996 Buildinglnspector's Notice BY of Disapproval under ease also do tint HUAKO Ut'ArrhALJ ' ` GERARD P. GOEHRINGER, Chairman By Linda Kowalski' 1X-Ilf7/96(163)1 � s 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 ........................................................................ weeJcs successively, com�/mfencing on the .......�........ Bayo............... / ...s: ............................ VIG �.0 `c"......�Lac� u-�. Vii :.... .............................. zz- Sworn to before me this ........................... day of ....................... .Q%fte—.0 ............. .............. . ..Q...�.... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC. State of New York No. 4806845 Qualified in Suffolk Co Commission Expires $ 1 198 r • IR APPLICATION FOR WAIVER UNDER SECTION 100-26 REASONS WHY WAIVER OF MERGER SHOULD BE GRANTED: MARIE TOBER, 55 Inlet Lane, Greenport, New York and Edward Tober, owned a house located at 55 Inlet Lane, Greenport, New York SCTM# 1000-43-4-38. Mr. Tober owned an adjoining lot, SCTM# 1000- 43-4-33 at Wood Lane, Greenport, New York. The lots were created by deed prior to April 9,1957. These properties have been issued separate tax bills and believed to be separate. Inquiries at the building department disclosed that the properties had merged. SCTM# 1000-43-4-38: The property is improved with a single family house, individual septic and well. Marie Tober purchased the property in the 1960's as an oversized parcel, being larger than many of the properties in this area. On January 7, 1970, Marie Tober transferred her interest in the house to Edward P. Tober and Marie Tober, as husband and wife, by Deed recorded at Liber 8570 page 541. The Town issued a separate tax bill for this property. Edward Tober died in 1995 and she became the sole owner of the property. The property is presently under contract to Mr. and Mrs. Singer for a purchase price of $125,000.00. SCTM# 1000-43-4-33: Edward Tober purchased the 100 foot x 100 foot vacant lot located on Wood Lane, Greenport, New York on March 30,1978 from Kenneth and Katherine Rogers by Deed recorded at Liber 8411 Page 267. The property was kept in his name in order to avoid merger. The Town has issued a separate tax bill for this property. Upon Edward Tober's death, this Lot was transferred to Marie Tober, his wife. Marie Tober has received an offer to purchase the property for $45,000. The Suffolk County Tax Map shows these parcels as separate properties. The properties were created prior to one acre zoning. The owners did everything possible to keep these properties separate but could not avoid the merger due to Edward Tober's death. V BOARD OF APP EA S. TOWN OF 5OUTHOLD In the Matto or the Petition of Marie TobleNOTICEr TO to the Board of Appeals of the Town of Southold TO: George Drakoulias and wife; Dominick Splendido PROPERTY OWNER and wife; William A. Hickson Jr. and wife; Emanuel Moraitis and wife; Maryanne Macy;' Ralph M. Verni YOU ARE IIEREBY GIVEN IJOI ICE: 1. Tbat it is the Intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Varhance) (Special Exception) (Special Permit) (Other-) (circle choice I Waiver of merger under Sertin„ 100-96 ----)= 2. That the property which is the subject of the Petition is located adjacent to your property and k des- cribed as follows: 55 Inlet Lane (SCTM#1000-43-4-38) and vacant lot Wood Tana (SCTM#1000-43-4-33) Greenport, NY T_—.- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Tltat b,i such Petition, the undersigned will request the following relief: recognize the above properties as separate propertiess--- a t e I ir-- --- 5. That the provisions of the Southold gown Zoning Code applicable to tine relief suught by the under- signed are Article , Sec Lion 100-26 6. That within five days front the date hereof, a written Petition requesting the relief specifhed`above will be filed in the 5outhoid Town Clerk's Office at Main Road Soulbold, New York and you ntay then and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing Hurst be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to file (late of such bearing in the I Long Island Traveler•Mattit tick Watclunan, 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 beard at such hearing. Dated: Oct. 16, 1996 Patricia C. Moore, Esq. Petitioner owner s'Name s: Post Office Address P.O.Box 483, 315 Westphalia Road, -ffa—tti.tuc Tel . No. ( 516 ) 298-5629 [copy of sketch or plan showing proposal to be attached for convptilencp purposes.] rr:�st,.�rvs;�i Es,afcs EROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAhik ADDRESS George Drakoulias and wife 200-12 38 Avenue, Bayside NY 11360 SCTM#1000-43-4-32 Dominick Splendido and others 4 Lincoln Place, Pt. Washington NY 11050 SCTM#1000-43-4-37 Emanuel Moraitis and wife 222-50 Garland Drive, Bayside NY 11364 SCTM#1000-43-4-10 Maryanne Macy 109 Post Road, Old Westbury NY 11568 SCTM#1000-43-5-6 Ralph M. Verni William A. Hickson Jr. and wife 746 Merrick Road, Baldwin NY 11510 SCTM#1000-43-5-5 4 Lincoln Place, Pt. Washington NY 11743 SCTM#1000-43-4-26 STATE OF NEW YORK COUNTY OF SUFFOLK) ss.: Margaret Rutkowski residing at Theresa Drive. Mattituc . NY being duly sworn, deposes and says that on the 16th clay of October -119 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective nanms; that file addresses set opposite the names of said persons are the addresses of said persons as shown on file current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituek, NY ; that said Notices were mailed to each of said persons by (certified) (rxptosxarxsl) mail. Sworn to before me this 16th day of _ eta er 19 96 Notary Public WRICIAC. MOORE of No" Now_ t r Cownks m EES iww 16, 2V 2s Margaret Rutkowski 1 (phis Side does not have to be Completed on form transmitted to adjoining property owners.) P 336 417 850 US Postal Service „ Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sentto Geor'Drakoulias and wife Street 8 Number 200-12 38 Avenue Postoffim, State, &ZIP Code Bayside, NY 11360 Postage $ .32 Certified Fee 1.10 Special Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom & Date Delivered ' Restricted Delivery Fees TOTAL Postage & Fees Return Receipt Showing to $ 1.4 2 Whom & Data Delivered ' Whom & Date Delivered Rehm Receipt Shd<riigto When, Realm Receipt Stowing to Whom, Dare, &Addressee's Address Date,& Addressee's AdNess • Dare,&Addressee's Address TOTAL Postage & Fees Is $ Postmark or Date P 336 416 080 P 336 417 851 US Postal Service _ US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse nn not uap fnr Intamatinnal Mail /See reverse) Sento Dominick Splen ido and of Street & Number 6 Clark Street Post Office, State,& ZIP Code Huntin ton NY 11743 - Postage $ .32 Certified Fee - .1.10 Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom & Date Delivered ' Realm Recept Slowing to Whom, Date,BAddressee's Address TOTAL Postage & Fees TOTAL Postage & Fees $ 1.4 2 Postmark or Dete r; Sent to Emanuel Moraitis and wife Street & Number 222-50 Garland Drive Post Office, State, & ZIP Code Bayside, NY 11364 Postage $ .32 Certified Fee 1.10 Special Delivery Fee .32 Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Special Delivery Fee Realm ReceiptShowingto Whom. Date, & Addressee's Address TOTAL Postage & Fees <11 Postmark or Date P 336 416 081 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intematinnal Mail [San mvamal s- ryanne Macy Street& Number Street & Number 109 Pnqt- Road Post Office, State, & ZIP Code Post Office State, & ZIP Code Old Westbury, NY 11568 Postage $ .32 Cenified Fee 1.10 Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee ' <11 Return Receipt Showing to Return Receipt Showing to Whom & Date Delivered ' Whom & Date Delivered Realm Receipt Stowing to Whom, Dare, &Addressee's Address Restricted Delivery Fee • Dare,&Addressee's Address TOTAL Postage & Fees $ 1.42 Postmark or Date Realm Receipt Showing to Whom, Date,& Addressee's Address P 336 4,16 082 P 336 417 852 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse Do not use for Internet' I Mail 'I S serRalph M. Verni Street& Number 746 Merrick Road Post Office, State, & ZIP Code Baldwin NY 11510 Postage $ .32 Certified Fee ..1.10 Special Delivery Fee Pt. Washiniaton NY 117 �.3 Restricted Delivery Fee , 1.. 10 Return Receipt Showing to Special Delivery Fee""r.• ' Whom & Date Delivered Rehm RecelptShowing to When, Restricted Delivery Fee • Dare,&Addressee's Address N 1 TOTAL Postage & Fees I $ 1.42 Postmark or Date i i Iona ee rove Sentto William A. Hickson Jr. Streel & Number 4 Lincoln Place Post Office, Stat., & ZIP Cade Pt. Washiniaton NY 117 Postage $ .32 Certified Fee 1.. 10 Special Delivery Fee""r.• ' Restricted Delivery Fee h 1 � N Return Receipt Showing to Whom & Date Delivered n a Realm Receipt Showing to Whom, Date,& Addressee's Address 0 TOTAL Postage & Fees $ 1.42 Postmark or Date 0 LL DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Marie Tober. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Marie Tober before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: October 16, 1996 41olll 0 1'/' W liam D. Moore 0 QUESTT-CNMAIRE FOR FILING WITH YOUR Z.B.A. APPLIC.TION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached_) Marie Tober Estate of Edward Tober B. Is the subject premises Listed on the real estate marker for Sale or being shown to prospective buyers? { x} Yes [ } No. (.If yes, please a t_ cagy as "cpadi o*e" of sale_) c. Are there any vrapasals to phange ar alter Imm" c Lt=-=-- ? ( ) Yes { x} No D. 1. Are there any areas which cont=ain wetland grasses? no 2. Are the wetland areas shown an the man submitted with this aD_alicatian? no 3. Is the property buLkheaded between the wetlands area and the upland building are=_? no 4.' If your property contains wetlands or Gond areas, have you contacted the Office of the Town trustees for its determination of jurisdict.JLon? no E_ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ri a (If not applicable, state "N -A.") F. Are there any patios, concrete barmiers, bnLkheads or fe*+ s which esict-and are not shcwn on the sur -Tey map that van am submitting? ' If none exist, please state "none_" G. Do you have any construction taking place at this time concerning your premises? nr) If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state_ H_ Do you or any co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies or deeds vacant lot was owned by my husband, I inherited the lot I. Please list present use or operations corductod at this parcel residential and proposed use residential .�UC:lc ..:ed 5_y-naC*.I_n an(! DaC2 3/87, to/9o1.,.< $ 97-13 FIETL> fDS § 97-13 TOWN — The Town of Southold- TRUSTEES — The Board of Trustees of the Town of Southold- (Added 6-0-84 by LL. No. 6-1984] c k LNDS (Amended 8-26-76 by LL No. 2-2976: 3-26- 8a by f T Vo_ &.I985k 1 i1DAL NETL -LIDS: (1) 311 lands generally covered or intermittently cov- ered with. or which border on. tidal waters- or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) leer including but not limited to banks. bogs, salt marsh, swamps. meadows, flats orocher 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 grass, saltworts, sea lavender, tall cardgrass, high bush. cattails. groundsel. mmrS:,madow and low =r= corrig assand/or (3) 311 Lind immediately adjacent m a tidal wetland as defined in Subsection A(2) and lying within saven- ty-five (75)'feet landward of the most landward edge of such a tidal wetland - B• FRESHV' V STER WETLANDS. (1) "Freshwater wetlands' as defined in Article 24, Ti- tle 1, § 2-00107, Subdivisions 1(a) to 1(d) inclusive. Of the Environmental Conservation La- of the SL-te of \.:w York; and t (2) All !and immediace!y adjacent to a "L esh:cuer :vec- land.- as defined in Subsection B(1) and lying with- in seventy-five (75) feet land:wnrd of the most land- a•ar� edge of a'•rresn:vacer •.vet!and_" 9705 - .:s -as if suat,re I` COHSUL4 YOUR 4WYER BE[ORE SIGNING THIS INSTBUM[ IS INSTRUM ENT SHOULD BE USED BY�L[�KR'EPS ON L9` q 4 7 11115 INDENTUR$made the LEthday of Jane rifideen hundreda d srxty-four - BETWEEN KENNETH TRILLCOTT, residing at 754 blain Street, Greenport, New York, I, Parry' of the first part, and % KENNETH C. ROGERS and K,aV A_RINE ROGERS, his wife, boti, re=_idicc at 415 50 Riverside Drive, New York 24, New York, pan, of h, w.,d per., WITNESSETH, that the Party of tie first part, m considcmtlnU of Ten ($10.00)--------- ----- ---- ---- ---- ----- d..ltar>. lam nil money of the tinted S nem,nd other good and la a'u1e consideration pJid by the gaily of the Second part, does he,..by grmt e ax 'Into t P"', of L, pare. j!" IT sulcesso.s and yssgns of th" party of the second part fore,", PARCEL I ALL tint certain plot 11,11 or parcel of Innd, .pith the imildincs and impm1mmn:ts I'll III emued, .imnm. ly ivg and h"inS H3cHl5: near is village of Greenport, in ene Town c_ Soud-old, County of S,—elk and State it New York, bounded and described follows: BEGINNING at Is point on the easterly line of cub l_c=^.-ehe+ay kno,it as Wood Lane, where =_ame is intersected ay ti.o- _cr,.,_ _ in of t land conveyed by tY.e party o£ the first part to the pa rte; of ttc second part; running thence in a general northerly direction l.: rterl', line of Wood Lane, 50 feet; rcnning thence in a general easterly 'I- rect-ion, a distance of 100 feet to the norti"easterly forcer or land nee: cr formerly of Cctches; running thence in a generalsou the rle direction along land Last mentioned, 50 feet to ocher. Land of the part; of the first part; running thence in a general :eosteri'e c_. ratio along- said other Land of party of the first pazt, 100 feet to the point or Place of beginning. BEING AND INTENDED to be the same premises ccnvcved to Che grantor herein by deed daued February 27, 1954 and recordec iia Lhc o£fics of the clerk of Enc County of Su`£o1k on March 4, In Liber 3659 at page 38, by Ines Fordhem. PARCEL II ALL that tract or parcel of land situate and being on Mood Lana at Greenport in the Town of Southold, Suffol:r Counov, tics' York, becirlvng at a point approximately 67.63 feet north of the northeast corner of the intersection of Wood Lane and Beach Road and eat_ending thence along the e astc rly line of v:ood Lane in -1a noctli,crly direction 50 sect ^fort=. degrees 55 minutes 00 seconds East, thence in an easterly direction along other lands of the party of the first part 100 feet, thence in a sautherlp direction along rands now or for'ao_1y of GC -C es a0 fect, thence in a tiasterly direction along lands nod or Tctm_aty c= L. Pollock 100 feet to the point or place of beginning. BEING Fu9D INTENDED to be the same premises eonveced to the grantor herein by Inca Fordham, by deed dated a nnar's 29, i95s and recorded in the Suffolk County CLerk's o',fica cn February 1, 1954 in Liber 3646 at page 554. 919—D,,d--IinrKein and Sale—I Col. Aualost Grantor). vidun] or Corporat - 80 EXCHANGE PL. AT Bo G4CWAY. N. Y. C. 10004 0 t''Id .i-5--s�i63 r OF .DEED fade the day of in the year of our Lord Ine Thousand Nine Hundred and Seventy-eight � /� KENNETH C. RIGERS and KAT13ARINU ROGERS, his wife, residing ate oxie House, Stevens Institute of Technology 7 the City of nd State of New Jersey sob Hoboken County of party of the first part; s� 57 EDWARD P. TOBER.J residing at 150 blest 79th Street n the City of New York County of nd State of New York party of the second part; Hudson New York. Witne0etb, That the said party of the first part, for and in consideration of the sum of -------------------TWELVE THOUSAND ($12,000.00) DOLLARS -------------- awful money of the United States of America, to them in hand well and truly paid by the said Party of the second part, at or before the sealing and delivery of these presents, the receipt whereof is lereby acknowledged, and the said party of the first part being therewith fully satisfied, contented and Paid, ha ve given, granted, bargained, sold, aliened, released, enfeoffed, conveyed and confirmed and by hese presents do give, grant, bargain, sell, alien, release, enfeoff, convey and confirm unto the said Party of the second part, and to his heirs !nd assigns, forever, g1l that certain plot, piece laxO3c or parcel of land Xerd[;pxetlriXilaa�ane�S4�st7aazs�tsffirCote� situate, lying and being nine the nVillage of ogreSout old Countyof.Suffolk Ind State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Wood Lane, distant 57.63 feet from the corner formed by the intersection of the northerly ;ide of Bay Road and the easterly side of Wood Lane; RUNNING THENCE along the easterly line of Wood Lane, North 2 9egrees 55 minutes east 100 feet; THENCE South 87 degrees 05 minutes east 100 feet; THENCE South 2 degrees 55 minutes west 100 feet; THENCE North 87 degrees 05 minutes west 100 feet to the easterly side of Wood Lane, the point or place of BEGINNING. The above description is in accordance with a survey prepared by Roderick Van Tuyl,.P. C., dated March 13, 1978. BEING also known as Lot 033.000 in Block 04.00 on the Tax Map of the Village of Greenport, Town of Southold, Suffolk County, New York. BEI14G the same premises conveyed to the grantors herein by Deed dated June 197, 1964 from Kenneth Trillcott, recorded in the Suffolk County clerk's Office on June 23, 1964, in Book 5563, Page 217 etc. U ARTHUR J. FELICE t -RECORDED APR,, 1978 Ckrk of Suffolk County ,'fIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING. •JFFO'LK COUN Y CLERI{ 190331 .JP# 11'7�iR DP Q` Number of h aTOIZRh;NS 96 JHt�{ 1 9 f{{L:30serial# MESTATE 114E CLE1:11 C'F SUFFOLI; CGUNTY Cc;iificalc# Prior ON Deed / Mortgage Instrument Decd / Mortgage Tax Stamp Recording; / riling Stamps 4 FEES Page / Filing Fee Mortgage Amt. _ Handling 1. Basic Tax �5 TP -584 lr . 2. SONYMA _ Notation Sul; Total O EA -5217 (County) Sub Total _ 3. Spec./Add. _ _ EA -5217 (Stale) !1 TOT. MTG. TAX R.P.T.S.A. /✓. �� 1`S Dual Town _Dual County Held for Apportionment _ Comm. of Ed. � i " Transfer Tax Affidavit w S[® Mansion Tax Certified Copy i _ The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total._ family dwelling only. f YES _ or NO _ Other GRAND TOTAL ,_ If NO, see appropriate tax clause on c page # of this instrument. a Real Property Tax Service Agency Verification Title Company Information SUFrouc Dist Section Block Lot l o, 0q-3 00 04 ©0 0 33 0C 0 Fidelity National Title Insurance CMWTy ou 0/-7Company to Name Title Number ITE PAID BY: 7Cash Clacck Charge Payer same as R & R_ L OR: g" -j RECORD & RETURN TO "? Suffolk County Recording & Endorsement Page This page forms part of the attached I made by: (Deed, Mortgage, etc.) EcQWce rel l-6bet^ �' y AAO-vt e The premises herein is situated in 6-S E xec.'7j-r-1 y- SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SO VT "t D iMarl� � � r In the VILLAGE orIJAMLETof 2E�1Jao T :o. �� 9a /175 % Executor's Deed U �/ THIS INDENTURE, made the day of December, Nineteen Hundred Ninety Five MARIE TOBER, as executrix of the last will and testament of EDWARD P. TOBER late of New York County deceased, par o �h-7q r 5-t�art, and `/ 14 Y /0L L MARIE TOBER, as primary beneficiary under the will rSa IV, 7� St/ dl V 4�/ /OGLy party of the second part, WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testament, and in consideration of -0- dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York known on the Suffolk County Tax Map as District 1000, Section 43; Block 4; Lot 33 and bounded and described as follows: BEGINNING at a pont on the easterly side of Wood Lane, distant 67.83 feet from the corner formed by the intersection of the northerly side of Bay Road and the easterly side of Wood Lane; RUNNING THENCE along the easterly line of Wood Lane, North 2 degrees 55 minutes east 100 feet; THENCE South 87 degrees 05 minutes east 100 feet; THENCE South 2 degrees 55 minutes west 100 feet; THENCE North 87 degrees 05 minutes west 100 feet to the easterly side of Wood Lane, the point of place of BEGINNING. Being the same presmises conveyed to the EDWARD P. TOBER, deceased by Deed dated March 30, 1978 from KENNETH C. ROGERS and KATHERINE ROGERS and recorded in Liber 8411 page 267. 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 also all the estate which the said decedent had at the time of decedent's death in such premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise; 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 incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the � 11758 927 right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 411 e \�� STATE MARE TOBER as executrix STATE OF NEW YORK COUNTY OF NEW YORK On the 1 "day of December 1995, before me personally came MPP6 TOFLK. MARIE TOBER, executrix of the Will of Edward P. Tober to me known to be the individual described in and who executed the foregoing instrument as executrix, and acknowledged that she executed the same. Notary Public Notary Public, State of New York Qualified niNew�37707 Commission Expires r ouny EXECUTOR'S DEED Title No. TO Section Block Lot County or Town (Name and address of buyer's attorney) PF 2911665wdred M1 Y. & T. LLParm EU02 D�ryJv wd_vJa Urt1 .I W G�m�J �LJmGmb.'r Aer,—IedbldvJ ve CaeR.nnvu t$tvEY$Mtl CONSULT YOUR IAW n EEWn SIONIN6 ANIS INMUHENY -- THIS INSTSUMENT SHOULD EE USED BY IAWTEn ONLY MRS .*AA48 .5. X S s . THIS IENEDNENTURE, nude Une A J�nineteen handled October , ninetehundred acrd sixty seven BCWM"AARION NARTOCCHT_A. residing at 431 7s Avenue IIGreenport, New York 11944 parry of 0. fiat part, and EDWARD P. TOBER and MARIE TOBER his wife residing at 150 West 794 Street Nem York, N.Y. 10024 patty of be second part. WITNESSETH, drat the party of We first part, in wn,dder tion of Tcn Dollars and other valuable ec - sideration paid by the party, of the second part, does hereby grant and release unto the party of the second part, the heirs or successcm and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and haproveucnts thereon erected, sfmate, lying and being NAM east of the village o` Greenport, In the 'Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: BEGINNING at a point on the easterly line of a no, r 50 feet in width to be ]mown as Wood Lane, said point being 550 feet southerly along said easterly line of said Wood Lane from the _point of intersection Of said easterly line srl'.h th,e southerly line of Manhanset Avenue; and running thence easterly at right angles to said easterly line of Wood Lane and para' -e1 with said southerly line of Manhanset Avenue 191.57 Peet to the westerly line of a new road 50 feet in width to be known as Inlet Lane; thence southwesterly along said westerly line of laic Inlet 1 Lane 80.68 feet to a point in the extension easterly or heorth- 'y erly line of Town Highway known Beach Road, said <xt lion 1 easterly being the northerly then of ' new highway 50 feet in width to be known as a road cont c in., beach Read and Wood Lne with Inlet Lane and Bay Road; thence westerly along said northerly Atte of said connecting road 178.58 feet to said eactorl, line of said Wood Lane; thence northerly _long said easterly -ine of said vvAVA •rt 'Wood Lane 67.63 feet to the point or p1'ce of BEGINNING. TOGETHER with all right, title and interest of the party of the first part of, in and to those portions of Wood Lane, Inlet Lane and connecting road adjarr,u to Lhe ebove described property no the center line of said roads, but subiecL no Lheir use as roads and highways, whether public or private. BEING AND INTENDEDTOBE the same premises conveyed by Lester Pollock to Marion Martocchia by deed dated Jan. 16, 1952 and re - consist in the Suffolk County Cleric's Office on Jan. 17, 1952 in Lines 3311 page 498. CIO CV QQ co DIST. Q F.- C'It _K LOT. I%1 Suodaad N.Y.B.T.U. Form 8007 •• -B argai� and Sale Dc<d, wirh Co�emm agaimc C,> Ana—Ind'nidu al or Cor pomion (rlrplc �hcev) „ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. LIBER 8209 PAGE3106 THIS INDENTURE, the day of March nineteen hundred and seventy-seven, made both BETWEEN EDWARD P. TO ER and MARIE TOBER, his wife,/residing at 150 West 79th street, New York, New York 10024, party of the first part, and MARIE TOBER, residing at 150 West 79th Street, New York, New York 10024r _ party of the second part, WITNESSETH, that the party of the first part, in consideration of Teri 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, lying and beingvnmehm east of the village of Greenport, in the Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: BEGINNING at a point on the easterly line of a new road 50 feet in width to be known as Wood Lane, said point being 550 feet southerly along said easterly line of said Wood Lane from the point of intersection of said easterly line with the southerly line ofManhanset Avenue; and running thence easterly at right angles to said easterly line of Wood Lane and parallel with said southerly line of Manhanset Avenue 191.57 feet to the westerly line of a new road 50 feet in width to be known as Inlet Lane; thence southwesterly along said westerly line of said Inlet Lane 80,68 feet to a point in the extension easterly of the northerly line of Town Highway known as Beach Road, said extension easterly being the northerly line of a new highway 50 feet in width to be known as a road connecting Beach Road and Wood Lane with Inlet Lane and Bay Road; thence westerly along said northerly line of said connecting road 178,58 feet to said easterly line of said Wood Lane; thence northerly along said easterly line of said Wood Lane 67,63 feet to the point or place of BEGINNING, TOGETHER with all right, title and interest of the party of the first part of, in and to those portions of Wood Lane, -Inlet Lane and connecting road adjacent to the above described property to the center line of said roads, but subject to their use as roads and highways, whether public or private. BEING the same premises conveyed by Marion Martocchia by Deed dated October 27, 1967, and recorded in the Suffolk County Clerk's Office on November 1, 1967, in Liber 6248, page 148, - 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 appurtenamzes Mid all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO BOLD the premises herein granted unto the party of Ute 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 clone or suffered anything whereby the said preinises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first 'for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the 'same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, IN PRESENCEM: ' f _� Awl, ard Toobb M rie Toier LESTER M. ALBERTSON I RECORDED `� F, r1 AR 24 1911 Clerk of Suffolk County CONSULT YOUR LAWYER BEQE SIGNING THIS INSTRUMENT—THIS INSTANT i•��o• I .� \ ••'• •'�A t8iO `I RS , .iau� 8111,, Id, "Id. a b T SHOULD 9E USED BY LAWYERSTONIY. �j L 3F.R8570 PAGL541 THIS INDENTURE, made the I 1 day of January nineteen hundred and Seventy Nine BETWEEN MARIE TOBER residing at 150 West 79th Street, New York, New York 10024 DISTRICT SECTION BLOCK LOf � , ,l; =' 8 12 I7 21 26 party of the first part, and EDWARD P. TOBER and MARIE TOBER his wife residing j at 150 West 79th Street, New York, N.Y. 10024 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration 0 paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs Hor successors and assigns of the party of the second part forever, ALL that certain plot, piece orparcel of land, with the buildings and improvements thereon erected, situate, w lying and being ineW east of the Village of Greenport, in the Town - ca of Southold, County of Suffolk and State of New York, and being H bounded and described as follows: o BEGINNING at a point on the easterly line of a new road 50 feet in width to be known as Wood Lane, said point being z 550 feet southerly along said easterly line of said Wood Lane from the point of intersection of said easterly line with the ,.,southerly line of Manhanset Avenue; and running thence easterly at right angles to said easterly line of Wood Lane and parallet with said southerly line of Manhanset Avenue 191.57 feet to the westerly line of a new road 50 feet in width to be known as Inlet Lane; thence southwesterly along said westerly line of said Inlet Lane 80.68 feet to a pointe in the extension easterly of the north- erly line of Town Highwaytknown as Beach Road, said extension easterly being the northerly line of a new highway 50 feet in width to be known as a road connecting Beach Road and Wood Lane with Inlet Lane and Bay Road; thence westerly along said northerly line of said connecting road 178.58 feet to said easterly line of said Wood Lane; thence northerly along said easterly line of said Wood Lane 67.63 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part of, in and to those portions of Wood Lane, Inlet Lane and connecting road adjacent to the above described property to the center line of said roads, but subject to their use as roads TAX ASAP and highways, whether public or private. DI>SIGNA'I ION Dia. 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 abovedescribed 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. Lolf s): 0 91, CD M cl! I N< AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvernent 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 FRESENCE OF: I RECORDED Marie Tober JAN 22 1979 ARTHUR J. FELICE Clerk of Sul`nik County