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HomeMy WebLinkAbout4263 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4263: MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctiy separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knoliwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. WHEREAS, a public hearing was held on September 7, 1994, and all those who desired to be heard were heard and their testimony recorded, and several persons living in the area voiced opposition (please see transcript prepared under separate cover for reference); and WHEREAS, the Beard has carefully considered ail testimony and documentation submitted concerning this application; and WHEREAS, Beard Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Beard made the following Findings of Fact: 1. By this application, appellant seeks a determination for approval or recognition of the subject lot. The survey submitted under this application was prepared by Anthony W. Lewandowski, L.S. last dated June 18, 1994. This subject lot (referred to as "6") has a total substandard lot area of 12,427 sq. ft. and road frontage of 124.27 feet along the southerly side of Knoliwood Lane, Mattituck. The property is bounded on the north by Knollwood Lane, on the west by a private right-of-way identified as 1000-107-6-21, on the south by a substandard lot identified as 1000-107-6-5 containing approximately 3/4 of an acre in size preexisting the zoning regulations, and on the east by lot identi- fied as 1000-107-6-7 also containing an area of approximately 3/4 of an acre. The subject parcel (6) is vacant land; the westerly adjoining parcel (21) is a right-of-way consisting of a described area of 20 ft. by 100 ft.; the southerly lot (5) is improved with a single-family dwelling which preexists the zoning ordinances; the easterly lot (7) is also improved with a preexisting single-family Page 2 - Appeal No. 4263 Decision of MARYANN LAHMANN Regular Meeting of October 5, 1994 dwelling. All of these lands are situated in the R-40 Low-Density Zone District adopted January 9, 1989. Immediately to the west along lot "5" and near the subject parcel ("6") is another separate parcel consisting of approximately 3]4 of an aero roferrod to as lot "4", also owned by Mary Ann Lahmann, which is improved with a dwelling constructed in or about 1966. The described parcel "21", or right- of-way, separates the subject lot ("6") from the most westerly lot ("4 "). 2. The Article and Section of the Zoning Code, added in the amendments of January 9, 1989, under which this application is being made read as follows: Article XXIV, Section 100-244B: "A nonconforming lot separately owned and ... not adjoining any lot or land in the same ownership at any time subsequent to (the effective date of this Article) may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership in the form of an abstract of title showing the changes of title to said lot ... and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of the previously applicable Zoning Law... " 3. Proof has been furnished by the owner in the form of a single-and-separate search preparod by Commonwealth Land Title Insurance Company dated April 21, 1994, which shows that the owner, Mary .Ann Lahlnann, acquired the subject parcel ("6") from her husband, Walter A. Lahmann, Jr. with its prosent lot size, as described in deed recorded November 7, 1990. In 1976 Walter A. Lahmann, Jr. acqnirod that property from Rosalie Lahmann, who acquired the property in July of 1962. The rocord shows that the subject lot (6) was acqnirod by separate ownership prior to 1957 when owned by jointly by Robert H. Preston, Robert Muir, and A. Kenneth Monsill, and that each of the surrounding parcels were in different names continuously since 1957, although each had, and appear to still have, an easement across parcel 21 referred herein as "right-of-way." Prior to 1957, zoning was not existent. Page 3 - Appeal No. 4263 Decision of MARYANN LAHMANN Regular Meeting of October 5, 1994 4. For the record, the Lewandowski survey does indicate a proposed building envelope for a future principal dwelling structure to conform to the minimum zoning setbacks reqnirements under Article XXIV, Section 100-244B of the Zoning Code <and/or compliance with future requirements (if amended) in effect at the time of the building permit application>. 5. The substandard lot size is found to have been created prior to zoning in 1957, and the current zoning may not prevent a continuing preordlnance right. There is indication in the record that the property was kept in diverse owners, in order to preserve valid nonconforming plots. Nor is there any evidence that the properties were ever used in conjunction with each other or that one lot materially enhanced the value of another except to utilize the rights of access of parcel "21" (right-of-way). 6. Based upon all of the above, it is the determination of this Board that the lot referred to as 1000-107-6-6 is recognized as a single-and-separate lot from 1957 to the present date, as certified by the title insurance search prepared by Commonwealth Land Title Insurance Company. 7. It should be known that the Board is making this determination relying solely upon the accuracy of the single-and-separate search submitted under this application and the referenced deeds. In the event of inaccuracy or error found in the search which may show common ownership with another parcel from 1957 to the present time, a new application and hearing will be required, at any time in the future, to consider the new evidence. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, that the Application for MARY ANN LAHMANN under Appl. No. 4263, be and hereby is granted, provided the rules and regulations pertaining to new construction upon substandard lots of this size at the time of issuance of the building permit be followed pursuant to law. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, ~nd ~a/iltnrl. This resolution was duly adopted. RECEIVED AND FILED BY THE ~IDUTHOLD TOWN CLERK otm - Town Clerk, Town of Sou~hc:~d APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 M~in Road, Southold, New York 11971, on WEDNESDAY~ SEPTEMBER 7~ 1994 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4265 - PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnny Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises eont~in.~ a total lot area of 40,000 sq. ft. 2. 7:35 p.m. Appl. No. 4265 - MICHAEL LIEGEY. Valance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-fnmily dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Read (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. P'age 2 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals 3. 7:40 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. Thi.~ is an application requesting a Special Exception for approval of a new winery establishment in two existing farm builclinga for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconie, NY; County Tax Map Parcel No. 1000-75-1-20. The entire promises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 4. 7:45 p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Pecoulc Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. 5j. 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning OrdinAnce, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. Thi-~ is not a subdivision project and will be only a determination pertAinin~ to a non-merged or merged l~age 3 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By l,lnda Kowalski X FORM TOWN OF SOUTIiOLD BUILDING DEPARTMENT TOIS~N CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL ', / ¢ Date .~,/~.~.. .................. , 19 ~'.~.. ~:..~..~..//. z.,. ................... .. :/. PLEASE TAKE NOTICE th.~t your am~lication dated ~,/'~ --~ '~ / / - ~ , · · '.~' ...................... 19 ...~. for permit to ~ · · .~.. ,~/K~.-~. '.~...' ' Z~ -,. Location of Property ..,~...,~'~..,~'f,~.~~,~ .................. ~/..~.~.~ . ,ouse No. . Street ~/' ~r County Tax Map No. 1000 Section .... -/P. ~ ..... Block ... ~.. ~ ....... Lot . ~. .......... Subdivision ............ Filed Map No . Lot No iS re~.turned h~erewith and disapproved o~ the followin§ §rounds ~/~,~. ~~~.. · ~...~'-.,~../.'~ ~.-. ~.~ ~.,...,~,~X/. g~ .~./~'. ~, >~ · ,~ ,~z . /7."',~"~-~" -'"'"""'~-"' .... ~ .... Rv 1/80 'FQRM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 1197~1 TEL.: 765-1802 (Building Inspector) · APPLICATION FOR BUILDING'PERMIT "IN.STRU~. IONS 50ARB'OF HEALTH ......... S~S OF PLANs ...... . .... SURVEY ................... ClIEC~ :::::::::::::::::::::::::: NOTIPYI CALL ~ ........... · ........ HAIL TO: a. This apl~licatlon must be completely filled in by typewriter or in ink an'd submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of l~uildings on premises, relationship to adjoining premise~ or public streets or areas, and gii'ing a detailed d'esc~iptiSh of la~,out of property muit be drawn on the 'diagram which is part of this appli- cation. ' · · . . c. '. The work covered by this application may nit be commenced before issuance of Bulidin§ permit. . d. "Upon approval of this application, the. Building.Inspector villi issued a Building Permit to the applicant. Such permit shall be kept on tha premises available for inspection throughout the work. e.' No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy shall have been granted .by the Building Inspector. . .. APPLICATION IS HEREBY MADE to the Building Departmez~t for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town .of Southbld, Suffolk County, New York, and other applicable Laws, Ordinances Or Regulations, for the construction of buildings, additions'or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for ne6essary inspections. ~ . · · ' (S~'~'U~ of applicant, or name, if a"i'c-~orporation) '. 'P.O.. Box 1181~ Cutchogue, NY 11935 " (Mailing address of applicant) State whether applicant is owner, lessee, 'agent, architect, engineer, generai contractor, electrician, plumber or builder. agent ra~ pur. chas~ . N~me of.owner of premises ...... l~Iiq~y...A. 13ta. Lahmann.' (as on the tax roll or latest deed) .................. Zapplicant is a corporation, signature of duly authoriied officer.' ' Builder's License No ........................... Plumber's License No ' ' Electrician's License No ....................... Other Trade's License No ............... Location of land on which proposed work will be done ' 77.~ Ert. o.],l~'p.o, cl l.~Bin..e. ' Mattituck ' House Num bet Street .. Hamlet c°u'nty Tax Map No 1000 Section .~.0. ?... " 0 · Block r.'ot Subdivision.. ~ ................. ' ' ' Filed Map No · (Name) ................. "' ............. Lot ............... Stat~ ekisting use and occupancy of premises and intended use and o~cupancy of proposed constructioni a Existing use and occupancy .' .... yac an~ land ' ' b Intended use 'and occupancy vi~.e.'~.~u~i,i~t.3'. k(ch k hi .... · 3. Nature o wor ec c able). New Build,ag .......... n .......... Alteration :..~ ~ · Repair . Removal Demolition . . · Other Work ' · ' ' .... . (Description) ''' 4. Estimated Cost '. .... .N./?. · Fee (to be paid on filing this application) $. If d~Velling, number of dwelling units ..... ~ ......... Nurhber of dwelling units on each 'floor... .............. ?.' .... .......... . ..... · ............. :...' ........... .. ; lfga ge, numberof ~'1'o'1'~ ........... "' ' 6. If business, commercial ali' mixed occupancy, specify nature and extent of each type of use ............. '.. ;.. 7~. Di .mansions of existing structures, if any: Front...None ....... Rear ................ Depth .............. Height ............... Number of Storles ..... i ............ ' ..' .................... Dunansmns of same structure with alta. rations or addihons: Front ............ ' .....Rear .................. D.epth ..... '. .... · .............. Hei.l~t ....... ~.. ,' ............ Number of Stories .......... '.-' ......... 8. Dimensions of entire new construction. Front 30 . ~.o. 30 r~...+~. 29 ..H. elght .........~ .....Number of Stories ......................................... ; ...... .... 9. Slzeofldt: Front ~ .~2t1'.-27.. ...... ~ . Rear .125.2~ . ' no,,,~ ).U(~.00 " ' 10. Date of Purchase ~..0~/..~ ........ ,.... ...... ~., ~,~...e= .... ,.~ -.. ~L~.~ez" ~/. L/~hl~l'fft, .J'r. 1 I. Zone or use district in which oremises are situated...~..~.o ' ' .:. ~ ~" -.' · . .12. D.o. es proposed construction ~iolate any zoning law, ordinance or regulation: ................ 13. Will Iht be regraded ....... '. .................... Will excess fill be removed };o'~"P'ri~'lie',; ' Yes 14 Name of Owner'ofpremises Addl'ess ' Phone No of Architbct ;'.. Address Phone No · Name of Contractor Address . Phone No ' ' 15.' I.s this property wil:hin 300 feet of a tidal ~etland? *Yes ......... No ......... ..?: : *If yes,' Soughold Town ~rustees ?emit may. be required '" PLOT DIAGRAM Locate clearly and distinctly all buildings, v~heth~r existing or proposed, and, indicate all set-back dimensions from property Haas. Give street and block number or description according to deed, and show street.names and indicate whether interior or comer lot. See a~ached survey STATE OF'NEW YORK, couN-~, OF. ~.U.~.~OLK .... . s.s ........ _f!~_-BOR~H .DO~ ................. . ......... being ~uly sworn, deposes ~d says that he is the applicant (Name of individual signing contract) ' above named. · ' ' (Con,actor, agent, corporate officer, etc.) ~f said owner or owne~, ~d is duly auto,ed to perfo~ or have perfo~ed ~e said work ~d to m~e ~d file ~is ~pplication; that all statcments contained,~ thh'applicafion are {rue to the best offs ~owledge and belief; and that the .york wHI be parroted in ~e m~ner set f0~ ~ ~ applicitien filed therewith. · ' ~wom to befor~ me this ' dayof ~' ' ,19 ~ . TOWN OF SOUTHOLD, NE~/ YORK .~authold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR ^PPEAL NO. fi'4 DATE ..... .~/...../.,~.~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ..,W~r.y...A~,..lm. lw~.~ ............................... of ~.§.$. K..n..o..l..Z..woo. d L.a.n.e.., ......................... Name of Appellant Street and Number Mattituck New York ......................................................................................................................... MEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DA'I'ED ........... ~,u.n,e,...2,.3,.;...1.9..9,.4, ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( } (x) Mary Ann Lahmann Name of Applicant for permit of 865 Knollwood Lane Mattituck New York Street and Number Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY Permi~ to construct one-family resident 1. LOCATION OF THE PROPERTY 775 Knol.l.w.o..o.d L.a. ne, Mattituck R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section 107 Block6 Lot6 ~ . ................................................................ uurren~ Owner Mary Ann Lahmann Map No. 'Lot No. Prior Owner Wml~er A. Lahmann~ Jr. Knollwood Terrn~m (,nFtl~H~ 7 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.} Article XXIV Sect1 on 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Mer~er analysis and determintion under 100-244B 4, PREVIOUS APPEAL A previous appeal =¢F~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was mode in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) Merger analysis and determination of non-conforming status :': is requested for the reason that appli¢ant desires to construct a single family resi.dence on substandard lot. Building Inspector has required merger analysis' and determination by Notice of Disapproval dated ~uly 15, 1994. Form Z~l (Continue on other side} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-' sam HARDSHIP because the lot has been in single and separate ownership since June 12, 1959. The adjoining properties were conveyed to others in 1953, 1957 and 1959, respectively. The lot is shaped and situated so as to be appropriate for separate lot, as all the adjoining lots are improved and are distinct parcels themselves. The two adjoining are owned by third partis who have no relation to the ownership of this lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because it is the only lot of this size and shape, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE · CHARACTER OF THE DI~JKICT because the lot .was set out as a separate lot when the development was created in the early 1950's. The adjoining lots have'been granted permits and Certificates of Occupancy without regard to this property. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this L~l~ ............................... 19 94 .............................................. day of ................ & .u. gg..s, t Notary P~~ *.' '' TOWN'OF SOUTHOLD PROPERTY RECORD CARD I~ -/~7-~ ~ OWNER STREET 7 -~: VILLAGE DIST. i -5LLL-- LOT ~1¢~ A, ~h~ nn ~c. s , w WPE OF BUILDING RES. ~ / / S~S. VL ~ FARM ICOMM. CB. MISC. Mkt. Value / I AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 2 Tillable 3 ', W~land Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD House PI~ DEPTH / Total ' DOCK I I¥/O 19,5 go(YS¢ .OWNER 'TOWN OF $OUTHOLD PROPERTY RECORD CARD SEAS. IMP. ~CO o o VL. RES ¢ LAND STREET N ?JC~ ~ / S FARM TOTAL U~o o 7,.?.~ o DATE VI LLAGE W TYPE OF BUILDING Total House Plot Meodowland Woodland AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre i Tillable FRONTAGE ON WATER L' ,' ~ d FRONTAGE ON ROAD DEPTH BULKHEAD DOCK I0/5'")°10- 1_\\1(~5~ P59,q - k.6'~hm,."~:,~'q ,.:,r', -fo. !:1. :4. L~hmano - COMM. CB. MICS. Mkt. Value REMARKS COLOR TRIM M. Bldg. Foundation Extension 3asement Extension Ext. Walls Extension Fire Place I Type Roof Recreation Room Porch Porch Garage Potio Total Dormer Driveway / Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette ! LR. DR. BR. FIN. B. OWNER STRE~ ¥~L~E' O~. S~e. COT RES. / S~S. VL. FA~ C~MM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS,( FARM ~ Volue AcrePer ~olue Woodland Brushland FRONTAGE ON ROAD House Plot DEPTH BULKH~D LAND ~ Est. Mkt. Value I-AGE BUILDING CONDIT ON 7/ ' - A ~ ' '--' '~ NEW Farm 'Tillable 1 , Tillable 2 Tillable 3 Woodland Swampland Brushlan(~ ~,~ House Plot NORMAL Acre BELOW Value Per Acre ABOVE Value DOCK FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD ~ ~ Floors Extension ~.~ /~ff~ ~,~ Rasement ~ ~_~ ~ E~e,sJo. ~('01 ~Y/~ _r~ Ext. WoIIs ~ ~.~/~ Interior Finish .Extension ~ ~ ~ 7 ~ 3, // Z. ~,~ire Piece B reoze~?! ~__ o.'.. Roof Type / ~ ¢ Porch _ Roo~ ]st Floor Drivowoy Dormor / TOWN ~ OF SOUTHOLD PROPERTY RECORD CARD OWNER " STREET __ VILLAGE FORMER OWNER / , TYPE'oF BUILDING Value DATE REMARKS AGE NEW FARM Tillable Woodland Meadowland House Plot NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Mo tens~on COLOR Pc Porch Breezeway Garage Patio Total ~/,[ Basement Ext. Walls ! Fire Place · ?~Z/L'! Type Roof Recreation Room //~_~ Dormer Foundation , ', Bath Floor~ Interior Finish Heat Rooms 1st-Floor Rooms 2nd Floor Driveway Dinette L BR. FIN. B TOWN OF SOUTHOLD PROPERTY REI:ORD CARD J/-/~, ~ I )WNER STREET / .'.'~:~',~ VILI-AGE DmST. SUB. FORMER OWNER N ACR. j ~J ~ S~S. VL. FA~ COMM. CB. MISC. Mkt. Valu~ ~ND IMP. TOTAL DATE REMARKS 12~:~ [ ~.~oo ~loo ~/ ~l~l~l~..~ ~'z ~,~.~,~ S~o S~oo ~oo J 7//~ i~ AGE BUILDING CONDITION q~ NOR~L BELOW ABOVE FA~ Acre Value Per Value I Acre i'llable illable 2 illable 3 /' ' k ~ampJand FRONTAGE O~ATER J ' f j ~ , ( j [~d rushland FRONTA~K ~ ouse Plot DEPTH 3tel ~ ~ DOCK r~'~ : ~ TRIM M. Bldg/~ 0 ~ ~, 5(0 ,~ /9~ ~ FoUndation ~ Both ~ Dinette /(X~ Z = ~ ~ ~ / ~ Basement Extension /t/~~ z ~ ~,~0 /~ ~t. Walls ~~. Interior Finish Porch Recreation Root Rooms 2nd Floo FIN. B. Porch Dormer Breezeway J Driveway Garage g ~ C ~ Patio /~ ~ ~ 2~0 /0 ~ / l IO~. _O- ~O'"('-~- ~ )1 TOWN OF SOUTHOLD PROPERTY RECORD CARD { I O--WNER STREET VILLAGE DiST~ s~J B~= L~::r ~'~ C"~'lff~ ACR. REMARKS 0.04 TYPE OF BLD. LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH rQ 0 MEADOWLAND t BULKHEAD HOUSE/LOT TOTAL APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 October 19, 1994 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, N.Y. 11952 Re: Appl. No. 4274 - Merger analysis & determination of non-conforming status Dear Ms. Wickman:. Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconie Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. Thi.~ copy is for your update and recordkeeping. Very truly yours, Li~'da' Kowalski, Clerk Board of Appeals Enclosure DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE . OCT 19i99 STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING October 17, 1994 Re: Application of "Mary Ann Lahmann", Town of Southold (#4274) Ge n t leme n: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the Jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H, LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUG[, NEW YORK 1 1'788 · (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 Pursuant to ~cic~e Xl~ of the Suffolk County AdmiD/strative Code, The Board of Appeals of the Tc~wn of Southold, New York, hereby refers the following to the Suffolk County Planning C~ssion: __Variance from the Zoning Code, Article , Section ~Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit .. X Merger Analysis Article XXlV Section 100-2448 Appeal No: 4274 Applicant: Mary Ann Lahmann Location of Affected Land: 774 Knollwood Lane, Mattituck, County Tax Map Item No.: 1000-107_6_6 · Within 500 feet of: .. 'Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permissionx~x for. a merger analysis _~nH Hm~p~m~ n~e~ nn nf nnn-cOnformin_o status. Copies of Town file and related documents enclosed'for your review. Dated: Octobe~ 11, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 October 11, 1994 Abigail A. Wickham, Esq. Wiekham, Wiekhnm & Bressler, P.C. IM~in Road, Box 1424 Mattituck, NY 11952 Re: Appl. No. 4263 - Mary Ann Lahmann Dear Ms. Wickham: Attached please find a copy of the Board's determination rendered on October 5, 1994 pertaining to the above application. Please be sure to return to the Building Department to obtain~ your building permit (and other agency approvals which which may apply). For your convenience, we have provided the Building Department with a copy of this determination for their permanent recerdkeeping and update since the issuance of its Notice of Disapproval. Also, due to the pre:~imlty of this project within 500 feet of a waterway, State Read, or County Road, we have transmitted copies of thig Town file to the Suffolk County Department of Planning as required under the County's Administrative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, l,inda Kowalsk/ Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department (Attn: Thomas J. Fisher) Suffolk County Department of planning JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF1CER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: August 11, 199v, RE: Zoning Appeal No. 1~263 - Mary Ann Lahmann Transmitted herewith is Zoning Appeal No. #263 of MARY ANN LAHMANN for a variance. Also included is: Letter of Transmittal from Wickham, Wickham i, Bressler, dated August 10, 1991; Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated July 15, 199~ with copy of application; Short Environmental Assessment Form; ZBA Questionnaire; copy of single and separate seach with cover sheet, prepared by attorney's office; survey; copy of deed; correspondence with Howard Terry, Southold Town Building Department, 1960; and tax map and Knollwood Terrace map. Judith T. Terry $outhold Town Clerk LAW OFFICES WICKHAN1, WICK. HAM 8, BRESSLER, P.C. MAIN rOAD, PO BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 August 10, Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Mary Ann Lahmann 1994 Knollwood Lane, Mattituck, N.Y. SCTM 1000-107-6-6 Gentlemen: Enclosed are the following papers for appeal from decision of the building inspector's disapproval of the application of Mary Ann Lahmann for a permit to construct a one-family residence on the above referenced property. We are seeking a determination of a single and separate parcel. 1. Copy of Notice of Disapproval of Building Inspector with copies of application and survey attached. 2. Application for Appeal from Decision of Building Inspector. 3. Notice to Adjacent Property Owners with affidavit of service by mail and receipts for certified mail attached. 4. Short Environmental Assessment Form. 5. Z.B.A. Questionnaire 6. Original and three copies of survey of Anthony Lewandowski dated April 14, 1994, revised June 18, 1994. 7. Copy of single and separate search with cover sheet prepared by this office. 8. Copy of deed dated October 5, 1990 from Walter A. Lahmann, Jr. and Mary Ann Lahmann and recorded in Suffolk County Clerk's Office on November 7, 1990 in Liber 11165, Page 584. Southold Town Board of Appeals Page Two 9. Check of Mary Ann Lahmann to the order of Southold Town Clerk in the sum of $150.00. 10. Copy of correspondence with Howard Terry, Building Inspector, 1960 11. Copy of tax map and Knollwood Terrace Map. (1951 unfiled) Please schedule this matter for your next available hearing date. AAW.' mh encl. 30-1ahzba PROJECT I.D. NUMeER i 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I--PROJECT INFORMATION (To be complete _ :y Applicant or Project sponsor) SEQR Mary Ann Lahmann I Variance M.ni¢io~.~ Mattituck County Suffp[k 775 Knollwood Lane 730 feet northwest of Grand Avenue Variance to approve lot with insufficient area and width. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZCNING OR OTHER EXISTING [.AND USE RESTRICTIONS? Undersized lot 10. ODES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL Suffolk county Health Department approval of well and sanitary system location Mary Ann Lahmann If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment side) OVER 1 -(Continued on reverse The N.y.s' Enviro'nmental Quality Review Act reouires Submission before any action i~ taken. (a) in order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question ha~. h nificant and comoleted - - ........... --' "- (c) If all questions have been answered No it is like!v that the project is not significant. (d) Environmen t_a. 1 Asse~ sm~ent 1. Will project result in a large ohysical chance to the projec-_ site Or Physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or Yes :~X NO un~ual land form on the site? 3. Will project alter or have a large effect on ~Yes an existing body of water? 4. Will project have a potentially large impact on -" Yes ground'~ater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites? S. Will project affect any threatened or endangered~Yes plant or animal Species? ~Yes X No 7. will project result in a major adverse effect on air quality? 8- Will project have a major effect on visual char_~Yes .~._No .' known to he i~portant to the community? ~Yes __~No 9. Will project adversely impact any site or struct- u=e of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? .___Yes . XNo 10. Will projest have. a m~jo~ effect on existing or future recreational opportunities? _._.Yes ~XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation ~Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, Vibration, or electrical disturb- ance as a result Of the project's Operation? ~_.Yes __~_No 13. Will project have any impact on public health 14. Will project affect the existing community by ,.~._¥~s directly · cau=zng a growth in permanent popula, tion of more than $ percent over a one-year ~Yes XNo period or have a ma~or negative effect on the charact~ of the community or neighborhood? 15. IS there publi~/~on~over . project? ////~ --__r%y Co~cgrn~ng the 2.2A[C1 9 2.5A(c) \g APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 11, S.E.Q.R.A. TYPE II ACTION DECLARATION 1994 Appeal No. 4263 Project/Applicants: County Tax Map No. Location of Project: Mary Ann Lahmann 1000-126-5-2 & 3 755 Knollwood Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Merger Analysis 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. mc QUESTIOhrNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the sttbject premises listed on the real estate market for - sale or being shown to prospective buyers? { X} Yes { } No. {~f Yes, pl~e a~h cmUy ~f "con~,, of ~e.) Insurable title and ZBA approval C. Are ther~ ~uy ~o~a~ to ~nge ~ alter l~d c~to~? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ..N.A. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads er fen~ms which e~ ~t ~d are not ~h~zn ~n the survey map that yom ara submitting? .None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. Applicant and spouse own onp-half interest in right of way to West of property, and own tax lot 4. See attached tax map. I. Please list present use or operations conducted at this parcel Vacant and proposed use ~n~ f~m~]v resideng~ Autn%~zed Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 65-84 by L.L. No. 6-19841 WETLA~NDS [Amended 8-26-76 by LL. No. 2-1976; 3-2g- 85 by_ ,L.L. No. ~-1985]: -" :" -,' ~' · DAL WETLANDS: (1) All lands generally covered or int~rmittontly 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) feet. including but not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows er may grow some or any of the following:, salt hay. black grass, saltwarts, sea lavender, t~ll oordgr~ss, high bush, cattn/ls, groundseL marsbr..]l,,w and rn~rch cordgr~ss: (3) All L-xud immediately udjacent to a tidal wetland as defined in Subsection A(2) and lying xvithin seven- ty-five (75) feet landward of the most lan~x~/ard edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Fresh~vater etlands as defined in Article 24. Ti- tle I, § 24-0107, Subdivisions l(a) to l(d) inclusive, Of the Environmental Conservation Law of the S~te of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." d 24.~,A( CD 9 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 August 16, 1994 TO: Applicant(s) or their Agent Re: Application before the Board of Appeals I) ea~) We are in receipt of your application requesting a review and action by the Beard of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and Beard Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project p~oposed, based upon the building inspector's initis! Notice of Dieappreval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly fAmilis]? with your property and the proposed project appear in your behalf, or you my request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is mlniml, however, additional time is always available to you for your presentation, ff needed. Please feel free to call our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Enclosures alski, Clerk Board of Appeals NOTICE OF PUBLIC' HEARINGS'" . NOTICE IS HEREBY GIVEN, pursuant to .Section 267 of the Town Law and the Code of the..Town of Southold, that the following public hearings will he held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York. 11971, on WEDNESDAY, SEPTEMBER 7, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4265- PETER DeNICOLA. 9arianee to the Zoning ,Or- ' dinance, Article IIIA, Sec- tion 100-30A.3 for Permis- sion to construct deck addi- tiop to existing d~lling with a setback at less than the re- quired 40 feet. Location of ProPerty:. 1694 Chablis Path, Southold, NY Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel No,. 1000-51-3-3.7..The subject premises contains a total lot area of 40,000 sq. ft. 2..7:35 p.m. Appl. No 4265- MICHAEL LIEGEY. Variance to the Zoning Or- dinance,</%rticle XXIV, Sec- tions~q00-241 and 100-243 for Permission to renovate, repair and reinstate single- family 'dwelling use on a substandard parcel. Zone District: Hamlet-Business t (HB). Location of Property: South side of Main Road (S.R. ~5), Southold; 'County Tax' 'Map Parcel 'ID No. 1000-61-4-7.1. · %3~ 7:40.,p.m. Appl. No. 425.7-~/OSPREY DOMI- NION:! t 'CO. and FREDERICK KOEHLER, JR. This is an application re- q.uesting a Special Exception for approval Of a new winery eltablishment in two existing farm buildings for the pro- duction and sale of wine pro- duced from graPes primari- Jy grown in the vineyards on which such winery is located. Location of Vineyards ahd Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres ~ed in the Agricultural- OS~ser~ation (A-C) Zone District. 4. 7:45 p.m.~ Appl. No. 4264- JAMES and MARY ANN ABBOTT. Variance to · the~ Zoning Ordinance, Arti- Ucle IIIA,: Section' 100-30A.3 for approval of~roposed lot- line change between two ex- isting substandard parcels, which as modified will con- tain insufficient lot area and width (with no increase in dwelling density). Location' :'of!ProPerty: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Iix Map Parcels No. 1000-126-5.Lots 2 and 3. ' 5. 7:50 p.m. I-~l~.' 'Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244B · for ~ review Of a single-and- separate search and deter- mination that the Towh will recognize_ this su~tandard lot as a distinetly-~eparate parcel for the purposes of zoning. This is not a subdivi- sion project and will be only a determination pertaining to a non-merged or merged status. Location of PwPeny.' 775 Knollwood Lane, Mat- tituck, N.Y; County Tax'Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may aiso ~.be submitted, prior to the conclusion, of the.-subject bearing. Each hearing will 'not start before the times designated above. ;. If you wish~ to review any of the above files or would like to request more i~formation, please do not hesitate to call 765-1809 or visit our office Dated:'August 16, 1994 BY ORDER OF THE ~';~ SOUTHOLD ,TOWN '~' BOARD OF APPEALS GERARD P. GOEHRINOER CHAIRMAN By: Linda Kowalski 1X-8/18/94(9) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn. says that she is the Editor, of tht TRAVELER-WATCHMAN, a publi~ newspaper printed at Southold, i! Suffolk County; and that the notic~ of which the annexed is a printe~ copy, has been published in sai~ Traveler-Watchman once each wee% for ..................... /. ....... week~ succes~vely, commencing on th. .... ~cu~n to before me on thi: .. ~ ..... day of Notary Public BARBARA A. SCHNEIOER NOTARY PUBLIC, Stale of New York No. ~806~46 Qualified in Suffolk Coenty Commission Expires PUBLIC IfEARINOS NOTICE IS HEREBY GIVEN pursuant re Sectim~ 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the $OUTIIOLD TOWN BOARD OF APPEAL~ ar the ~t~ld Town HaH 53095 Ma n Road, Soothold, New York 11971, on WEDNESDAY, S~EMBER 7, 1~ com~ing I. 7:32 p.m. Appl. No. 4265 P~R ~ICOLA. V~ Zoning Ordinance, Article Ill'A, construct deck addition to existing d~iling wilh a ~k ar I~ ~ui~ ~ fro. ~ of ~: 16~ ~lis ~, ~7 ~ ~ M~ of C~my W~ ~ T~ M~ ~el No. 1~51- 3-3.7, ~ sub~ ~mi~ mn~ a m~t Im ~ of~,~ 2. 7:35 p.m. Appl. No. 4265 MIC~L LI~EY. V~ to Zoning Ordinance, Article XXIV. S~ti~ 1~241 ~ 1~243 f~ ~r- mission Io re~ovale, repair and re. ins~ alngle-f~ily dwell~g substandard panel. Zone Dislticl: Hamlet-Business (HB). Location of P~pe~: South Side of Main Rea (S.R. 25), ~m~M; Coun~ Tu Ma P~I ID No. 1~1~7.1.' 3. 7:40 p.m. Appl. No. 42~7 OSPREY DOMINION CO. aad ~ICK KO/HLER, J~ ~is is ~ ~licadon ~sting a S~cial Ex~on f~ ~pmval of a ~w win- ~ildin~ for &e p~uction ofwi~ ~u~ ~m ~ ~m~- ly grown in the vineyards on which Viney~s and Wi~ ~lishmcnt: ~075 Main R~d (State Route 25), No. 1~75-1-20. ~e enfi~ ~mises contains 50.8 acres located in the A~cul~r~o~ari~ (A~) 4. 7:45 p.m~Appl. No. 4264 dcl~~toatl°n that thc To'"- ~ a STATE OF N]~'ORK) ) SS: ~of Mattituck, in said County, being duly sworn, ~ays tlmt he/abe is Principal Clerk of THE SU1q~OLK Tnt~'~, a Weekly Newspaper, published at Mattitu~k, in the Town of Southold, County of Suffulk and State of New York, and that the Notice of which the nnnexed is a printed copy, ham been ly published in said Newspepear once eaoh week for ~ week$ successively', .Eo. nunencing on Notary Pubhc. State of New York No. 5004884 .O~alifi..ed !n S.uffo~ Coun.~ Principal Clerk I ~ommt~mn ~ rm~mmo~' ~ Sworn t~ befo!re . , day off(i/7 ' ~ The Board of Appeals will at said time and p ace bear any and all per- sons or representatives desiring to be heard in the above matters. Written/ comments may aide be submitted prior to thc conclusion of the subject hear- ing. Each bearinR will not start before thc times designated above. If yon wish to review any of thc above or would like to r, qucst mor~ infotraa- lion pieuse do ~t hesitate to call 765- i 80~ or visit 0ur ol~fice. ' Dated: AugUst 16, BY ORDER C BOARD OF ApPEAI-~ GERARD P- OOEIIRINOE~. CHAIRMAN 8032 - ITAu I $ 177 Old Cou3try Road Riverhead, NY 11901 516.727.7760 Fax: 516.727.7818 Cominonwealth, Land Title Insurance Company ~AL_.~ LA~D INSURANCE C024P.%2,~Y does hereby certify to: DEBO.~_A!~. DOTY, ESQ.: THAT it has caused a search to be made in the Off ice of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 3/20/51 to date to ascertain the fee chain of title respecting said premises described herein; and the premises abutting since 3/20/51 and has found only the returns as set forth herein on the following pages as they bear on record title; and DO~,o certify that "the o,.,mers sf tb.s p__m~ the same in single and separate o~,~e~snzp as defzned oy law ~ur~ng tn~s THIS Company's liability is limited to <lee ~r~ousand ($1,000.00) Dollars for negligence only. NO polzcy of insurance is to be issued her_undo_. ~O~LffON'~ fILTH LAND TI mr iNSURANCE~ ~ Title ~,lu~se r. R:[940528 Dated: 3/7/9~ Reliance (/qA]/q OF TITLE FOR SUBJECT PR~4ISES 1000-107.00-0 6.00-00 6.000 R(~ERT H. PRESTON & RfBERT ~3IR TO A. KENNES~ MONSILL DAT~ZD: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 ROBERT H. PRESTON, A. I~I~NETH MONS]LL & DATED: 4/1/58 RCBERT ~3IR REC'D: 4/7/58 TO LI~ER 4446 CP 105 JOHN GUI'~f HE R G~qN GU~rfHER & B~RBARA gJBrf~ER, HIS ~iFE E~TED: 7/2~62 TO REC'D: 7/9/62 ROSALIE W. LAHv~qN LIBER 5193 CP 243 ROSALIE W. LAHV~ANN DATED: 7/7/7 6 TO REC'D: 11/1/76 WALTER A. LAH~k~NN, JR. I,;~;R 8132CP243 WALTER A. LAH~kNN, JR. DATED: 10/5/90 TO R~C'D: 11/7/90 ,.MARY kNN t3~Q~NN, JR. LISER 11165 CP 584 LAST REGDRD Riverhead, New York S~orn to before m3~ thi.s DAY OF 19 W NOTARY ~JBLI C CHA]/4 OF TITLE FOR PR~ISES AD3A~rF NOPfI%H [~CLLk~OD LANE Riverhead, New S~Drn to before me this ~/jp- DAY OF ~ 19~ ~ ~ir~ ~.31.~ COMMDN~EALTH I~ T I~LE / C[-LAEN OF TITLE FOR PR~;JSES AEUA~f EAST 1000-107.0 0~0 6.0 0-007.000 RCBERT H. PRESTON & R(~ERT PI3IR TO A. KENN~I~{ MON$~LL DA'rinD: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 1/3 Ikm~i~:,ST ROBERT H. H~E~fON, A. KEN/qETH I~)NSSLL & II, TED: 5/6/53 R(]3ERT P~3IR REC'D: 5/12/53 TO LIBER 3513 CP 233 FPJ~K GLDSON & HAR~ M. G%DSO~ HIS WIFE RCBERT H. PRESTO}% A. KEP~qEqH MONSSLL & DA'I'~3: 6/12/59 ROSERT ~fJIR REC'D: 6/16/59 TO LIBER 4641 CP 447 FRANK GUESON & MARY M. GLIEON, HIS WIFE FR_~ GLDSON DISD A RESIDENT OF SLFEDLK COUNTY 5/10/72 >.Z~RY M. GUDSON DA~EO~: 5/22/78 TO REC'D: 5/25/78 PETER C. EARLE7 & CA~{ERINE E. EAqLEY, HIS WIFE LIBER 3433 CP 421 ~ AI~ OF PR~ESt!~ Ri~erhe ad, New Yb rk S~Drn to before me this j/~_~,-- DAY OF ~ 19 ~RINE J. KING ~{A:q OF TI~E FOR PRAISES A~TACENT SCUI~ 1000-107.00-0 6.00-005.000 RfBERT H. PRESTON & RfBERT MI/iR TO A. KENNETH MONS~LL DATmU: 3/20/51 REC'D: 3/23/51 LIBER 3~96 CP 225 RO~/{T H. PRESTON, A. ~NETH :vONS~LL & [I~TED: 10/19/57 RfBERT :~3IR R~C'D: 10/23/57 TO LZ~R 4381 CP 293 JOHN GUNZHER & BAIl,ARA GU_~FHE~ HIS WIFE Rf~ERT H. PRESTON, A. KEN~i%~H MONS~L & DA'±'~3: 6/12/59 ROkkU~T ~3IR REC'D: 6/16/59 TO LIBER 4641 CP 443 JOHN GUNTHER & 5%PJSARA GUBFfHER, HIS WIFE JOHN GUN~HER & BAF~AI~A GUNTHE~ HIS WIFE DATm: 8/11/61 TO REC'D: 8/21/6 1 JA~,:ES DELEH~TY & DOROSI-~A DELEHANYY, HIS WIFE LIBER 5 036 CP 137 JA~SS DELEHANTY DATKD: 6/25/70 TO REC'D: 6/30/70 DORO!I{EA DELEHA/gTf LIBER 6765 CP 88 DOR(/L~EA DELEHANTY DATSD: 10/22/93 TO REC'D: 11/4/93 TH@.~SA/~DR~iACK & CAI%IEpJ2]EL. AADR~-ACI% HISW!FE~ LIBERl1650CP748 LAST R~SO~D C~NER Riverhead, New York S~Drn to before me this / ~/,J~- DAYOF ~j 19 NC~fAR~ PUBLIC -- ~ C~11~ARJNE J. K;N~ Nm~/Pul3a~ ~e o~ N~v York COMMOK~'~AL~ LA~D TITLE I N SURk~/~M PANY 1000-107.00-0 6.00-02 1.000 RfBERT H. PRESTON & R(t~ERT NI3IR TO A. KENA~TH MONS~L DA'±'~3: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 ROSERT H. PRESTON, A. I~NNETH ~,©NS~LL & ~%TED: 10/19/57 RCBERT b~3IR REC' D: 1 0/23/57 TO LISER 4381 CP 293 JOHN GUN~HER & BA~q~ARA GU~ HIS WIFE JOHN GUHFHER & BAR3AP~R GU~K%~IL HIS WIFE DATKD: 8/11/61 TO REC'D: 8/21/61 JA~S DELEHANTY & DORC~IHEA DELE~i~lrPf, HIS WI~ LIBER 5036 CP 137 gOHN g3N%/-~R & ~RK~RA g3~R, HIS WIFE DATED: 7/2/62 TO REC'D: 7/9/62 ROSALIE W. LAH~ANN I,I~R 5193 CP 243 d~2~S D~,RHANTY DATED: 6/25/70 TO R~'D: 6/30/70 EOROTh~A DELEHANFPY L{M~:R 6765 CP 88 (con tinued) Riverheai, New York S~o ,rn.__to before hie this. j/~ DAY OF ~-~ 19~/ NCT.~2{Y PUBLIC CATHARIN~= J, ~ C~ires O~. 3i ~ COMHDlq~E~LTH LAND TITLE ~ T I~E OF ~ ~R (continued) ROSALIE W. LA~iJkNN TO ~IALTER A. LAI~IANN, JR. DATm3: 7/7/76 REC'D: 11/8/7 6 LIBER 8132 CP 243 FOR (i%~-HALF 1/~'T LAST R~-EO*q3 limNER DORO211EA DELEHANTY DATED: 1 0/22/93 TO REC'D: 11/4/93 THCIvSkS ASDRE3ACK & LIBER 11650 CP 748 (ARItERIlxIE L. ANERF_~kCK, HIS WIFE FOR (I~-RALF LAST Riverhead, New York APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober[ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main ~Road P.O. Box E179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 21, 1994 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952-1424 Re: I~hman Application Dear ~m: Thank you for sending the original search pertaining to the above application. Please furnish us with copies of the following deeds pertaining to the ownership of 1000-107-6-21 (ROW): ~-- L. 5193 p. 243 dated 7/2/62 ~¢ ' ~ L. 8132 p. 243 dated 7/7/76 ~ ~ L. 11165 p 584 dated 10/5/90. Also, please furnish copies of deeds which show when John Gunther acquired "Lot 4" before his conveyance out 7/9/62, and when Barbara Gunther acquired "Lot 6" before her conveyance out 7/2/62. There does not appear to be any reference of these deeds in the title search. Very truly yours, Linda Kowalski TOWN ~F SOUTHOLD, ~ YGKK ACTION OF TH~ ZON~G BOARD OF APP~ ~CT~O~ OF T~: ~N~O ~,0~ OF ~ OF ~E ~O~ OF ~O~ ~d · ~y A~ ApPella~t at a mecth, g oI thc Zoning Board of Appeals on was considered and the action Indicated below was tmken on your t ) Request for uariance due to lack of ~cceas to property ( ) Request fur a special exception under the Zoning Ordinance ~) Requcs~ for a varimnce to the Z/mlr~ Ordinance the appeal L SPEC]AL EXCEPTXON. By resolution of the Board it was determined that a special exception ( ) be g~an~d ( ) be ~et~led ~u~ue~nt to Article ................. Section ......... Subsoction ::~ perBgx~q~h ........................ of the ~r~g Ordinance, and the decision of the ]~ulldin~ L~pector ( ) be ~e~ersed ( ) be confirmed because 2. VARIANCE. By' resolution of the Board tt was deterrained that fa) Strict application of the Ordtramnoe (would) (would not) produce practical difficult/es or ln'tuec- essary hardship because (b) T/le hard~2xlp croated (is) (is not) unique /md (would) (would not) be shaved by all prope~ies alike in the immediate vicinity of t/ils property and in the sam~ use district because (c) The var!ance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district bec~se and therefore, it was furt&er determ/ned that the requested variauce ( ) be g~anted ( ) ~e denied and t~Lt the pr~ious decisio~s of khe Building ~!0ector ( ) ~be confirmed ( ) be ~ever~ed. FORM ZB4 ZiFNII~O BOARD OF APPEALS Bazbara L, Cam, Iocre~ b Board f~nd8 tha~ the land IlOpel dmmvard tcae~d the creek0 making l~ neeeaoary to erect the garage oloser to the rJ~ht-of- vaF. ~be Board LtJo po~ntJ ou~ tha~ th*- pz~ute garage ~8 ~00 foot rAgbt-of-~ty. The Board f~nd8 that the lutLo~ of b po~lLb~e lo~t~Ou for Lt to bo em~l~, b Board fLudo that itr.tefl~ aPl)Xlcutl(m of I~e OrdAuance vLLI pfo(tu~ prac~.J, eal dAffJanLttLeo or unneceseary hardih~j pa'opertAee aAlke In eheimm, diate v:Lcin,ttl~ of ~h,t~ property the sp~l~.t of tho Ordinance nd w~.l. no~ e~mve the ~ l~ereforo, At vae Reoolved that looalLe W. LaJmann, iiaLtzoad and Oic~ay AVetmeo, Btmtington statAoet, ~ev York, be gnntod mlJe~ou to lOCate a garage In the trout yard area, locmtmd me.th welt olde i~oo~ Mime, Mattituek, ile~ ~.3. i~at~re of Work (check which %..,icoble): New Building .................. Ad~ ..on .................. Alteration .................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) ...................................... .. ....... 4. Estimated Cost .......................................... Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars .~ ........ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front .......................... Rear .......................... Depth ............................ Height ............................ Number of Stories ............................................................................................................... Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ........................................ 8. Dimensions of entire new construction: Front ........... .~.~. ......... Rear ...... ~..g. ............... Depth ....~,~..../..; ............. Height ...... ~..~.. .............. Number of Stories ...... /. ........... ;L,....' ~,~ . 9. Size of lot: Front ...... /~..~.~ ..... Rear ...../.~.~..f. .............. Depth ......... ~..~..~.../...~..../~' .~/'~' ~ O~ J~'~ /.~...~. ......... 10. Date of Purchase · 77~--~......~ ......... ................. Name of Former Owner .:,,~.....-~.~ .................... ]L Zone or use district in ~vhich premises ore situated ....... ~ ............................................. ]2. Does proposed construction violate any zoning law, ordinance or regulation.> ...................................................... 13. Name of Owner of premises .J~.,~.~/~;..~..~../~.7///'.Z(?.....Address ,~,/~/~.~.~....~.~..~/(,'~Y.../~.~i. Phone No~.-/~,/~:Z..-~J~.o.. Name of Architect /~,.~./'~/J. ~(..~./J'..~. Address ~ ~ ~ Phone No. Name of Contractor " " .................................................... Address ~ ' ~ ............................................ Phone No. " " PLOT DIAGRAM '' '- /,r.y. ~ Locate clearly and distinctly all buildings, whether existing or proposed, and ndicate all set-back dimensions from p ~erty lines. Give street and bloo~'~umbers or description according to deed, and show street names and indicate -whether interior or coEner lot.. -~'~ TATE F YO ~ ~ ~/,er[/ru~ ,, S 0 NEW COUN~ OF .:....~.: ......... ~ ........................................... bom~ duly sworn, dopo~e~ ~nd my* that ho i~ the oppl[c~nt (~om~ of individual ~ninj opplic~fion) above ~med. He is the ....... ~~ ........................... (Contractor, agent, corporate officer, etc.) of said owner or owners and is duly authorized to perform or 'have performed the said work and to make and file this app ication; that a I statements contained in this applicaH0h ore true to the best of his knowledge and b~lief; and that the work will b~ ~erformed in the manner set forth in the application filed therewith. Sworn.~.~to ~ore me~ ~ this( ~ 1~ '~i~~ ...... ,og .............................. lerm Properly Tax Service Agency JUDITH T. TERRY, TOWN CLERK RECEIPT 51 5 6 8 Town of Southold Southold, New York 11971 / ~/ ~ ~ Phone: 516-765-1801 DATE ~'~,~'J~-~ ~ 19 RECEIVED OF: ~ ~ ~5."3C,,')~ ,~~ $ //~'~--(:~ ~ THIS IblDENTLIRF-~ made the 2nd ~yo/ ~Y ,~et~nh~drcdand BE~ J~HN G~T~ and BARBARA G~THER, his wife, residing at ~?~ 28 E. Regus Path, Hu~ti~gton Station, New ~y e~ ~e ~z~ p~, ~d ROSALIE W. LA~NN, residing at Railroad and ' . McKay Ave~em, H~ntingteu Station, New .......... F ......................................... ALL'-------~ ce'--~ ~ plot, piece or ~rcel of land, ~l~/~xk/m~o~x~/, s~tuate, I, and State o~w York, bounded and described ae followa: BEGINNING at a point on the southerly side of Knollwood Lane iluunning thence ~ou~ ..... - - the land of~ Delehant7, South ?l° 47* 00" West, 124.27 feet to the i~of Knollwodd Lane, North 71° 47* 00 East 124.27 feet to the point !DelehantY the following two courses an~ d~st~ncesl,.(~) ~eut~ II45' 50" ~e~t 202.86 feet; (2) South 73~ 1~I West ~±~ ~ee~, m i'lese to th$ ordinary high water mark of Mattituck Creek; thence ~!northerly'$1ong the said high water mark of Matt~tuck Creek, 99 feet 'lNorth 6~~ ~3~ 50" East 103 feet, more or less, to a monument which iimarks t~e ~ntersection of the high water mark of M?tti~k~k '!1951 with ~he southerly line of laud now or formerly ox ~uon~x~; !!said westerly side of said right of way, South 18 13 East, 60 feet !itc the point or place of beginning. SUBJEiT to covenants and ~estrictions of record affecting said ~ipremises~ ~arcels I a~d II. as follows: ~ 8 2~ feet w~sterly fro~ the westerly side ~f Grand Awm~ : distan~ ~. [ ~ ~ ~a~ 1~, Fast 100 feet to land o~ Celehant~; th~n~a along the northerly i~ne o~ ~,~, ~-t~O~ fec%:to the inter- 00" West 20 feet; thence North 18 13 Wes section of the southerly s~de of Knoltwood Lane with~the westerly s~6e of said Kuo]lwoo5 Lane; thence along the southerly side of Knol]woo5 ta~e, South 7t~ 47~ East 20 Peet to the point or place o knollwood Lane and for the installation and malntenarce of utility, of way over the same that the maintenance of said right of way be borne equallyjan8 subject to said rights of other~ to use said rf6ht of way. , ,, ,.i~e d ~ consideration for this conveyance and xvill hold the right to receive such consid- TIllS INDENTURE, made the ' ~' day o{ 2E'ISVEEN ROBERT H. PRESTON and /t~/l~/I/..~/ , nioeteen hundred and I. KENIIETH MONSELL, both residing at Greenport, Suffolk County, New Yo~k, and ROBERT ~IR, residing at ftfty-~ Mattituck, Suffolk County, New York, party of the first p?rt, and jOHN GUNTHER, residing at 28 East Rogues Path, }~mntington!Station, New York, part)' of the second part, WITNESSETH, that the part3' of the first part, in consideration of One and O0/lO0 ....... .............................. f .~1 · 00~ --dollars. lawfulmoney of the United,States, and other good and valuable consideration ~d by the party of th~ second part, docs 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,:l~iffi~ka~llltlflg~ffix~lt~l~l~ll, situate, lying and being~l~,llle at Mattituck, Town of Southold, Suffolk County, New York, boun~ed and described as follows: BEGINNING at an iron pipe on the southerly line of Knollwood Lane, ?30.0 feet westerly along said southerly line from Grand Avenue; from said point'of beginning running along land of the party of the first part, 3 courses as follows:' (1) S. 18e i13' E. 100.0 feet to an iron pipe; thence (2) S. ?1e 47' W. 124.27 feet to an ironl~pe; thence (3) Ii. 18e 13' W. 100.0 feet to an iron pipe on said southerly' line of Knollwood Lane; thence along said southerly line of Knollwood Lane, N. ?l* ~7t E, 124.27 feet to the point of be, ginning. TOGETH, ER with all the right, title and interest of the party of the first part, of in and to that portion of Knollwood Lane adjacent to~ said premises to the center line thereof. SUBJECT to the following covenants and restrictions: 1. The premises shall not be used except for residential pur- poses; that the party of the second part will not erect, carry on, maintain, ~uffer or permit on the premises or upon any part thereof, any brewery, distillery, dram shop, saloon or other place for the manufacture or sale of intoxicating liquors, or any dangerous or . noxious trade, business or occupation, or any nuisance whatever, or any trading or manufacturing business, trade or occupation. 2. N°' building other than one private dwelling for the use and occupancy o~ one family and one private garage shall be erected on ' said lot. ,Any dwelling erected thereon shall cost not leas than $8,000.00 and any detached garage erected thereon shall cost not less than $1,000700. 106 3. No fences or hedges over 4 feet in height s¼all be erected on said premises and said fences or hedges shall be maintained and kept in good appearance. ~ 4. No stables or outside toilets shall be erected on said pre- mises. No foul waste water or other refuse or garbage from, in or about any buildings which may hereafter be erected on the premises shall be permitted to be deposited on the soil or sand, but shall be conducted through pipes or drains, which said pipes or drains shall be constructed of tile, iron, brick or stone and best Portland or other superior cement in such manner as to be perfecitly watertight and so as effectively to prevent the escape of any of tMe contents thereof into the adjacent soil and sand. ~ ~. No part of any dwelling or garage shall be bonstructed on said premises within 2~ feet of any street or withi~ 5 feet of the other boundaries of said lot and no part of any cesspool shall be within 10 feet of any boundaries of said lot. 6. NO fowl, poultry, animals or livestock shall be kept on said premises other than domestic pets. 7. No trailers will be kept, used or allowed upon said premises except when kept within an enclosed garage. 8. These covenants and restrictions shall run'with the land hereby conveyed and shall bind and inure to the benefit of the said parties hereto, their heirs, administrators and assigns until January 1970 and said covenants and restrictions may be enforced by actions for.damages or injunctions or both until't~e said 1st day of January, 1970. 9. The covenants and restrictions herein imposed shall apply solely to the premises herein conveyed and these covenants and re- strictions may be modified, changed or released by t~e party of the first part, their heirs and assigns and the owners of the premises for the time being, the party of the first part reserving and retain- ing all restricting rights of neighboI'lng properties now owned or which may be acquired by them. ONSULT YOUR LAWYER BEI~OI~E SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. u, 4648 HLg INDENTURE, made tl}e ay o[ Jklrle , ~{neteen hundred and ~ft~-~e E~ ROBERT Hi ~BESTON ~d A. ~NETH MONSELL, both ~esidiflg at 3reenpor t, Suffol~ lattituck, Suffol~ County, New York, and ROBERT MUIR, residing at County, New York, arty o[ the first part, and BARBARA ~JNTHER, residing at Mattituck, Suffolk County, New York, ,arty of the second part, ;,~[~[E,$,$ETH, that the par y of the first part, in consideration of One al~d O0/lO0 .......... ...................................................... ($1.00) dollars, awfu! money of the United States, and other good and valuable consideration p~d ,y Se pa~y of the s~ond ~a~, does hereby grant and rel~se unto the party of the second pa~3 the heirs or ;uc~s~s and asslgns'of the ~y of the second pa~' forever, yingand~ing ~ ~$ M~tti~ck~ Town of ~outhold~ Suffolk County, New York, ~ounded ~d described as follows= BEGI~ING at a mon~ent at the Intersection of the southerly line of ~ollwood L~e with the westerly' line of ~ollwood~ Lane, said point of beetling being 874.27 feet WeatePly ~onE said southerly line f~om G~d Avenue and being on the easterly line of ~and of Austin ~thill; from said point of begi~inE ~inE along said southerly line of Knollwood L~e, N. 71e 47* E. 20.0 feet to ~ ieon pipe and land of Jo~ Gunther; thence alone said l~d of Jo~ ~nthe~, S. 18e 13~ E. 100.0 ~eet to a~ i~on pipe ~d o~er kand'of Jo~ ~thev; thence ~on~ said other land of Jo~ S. 47~ W. 20.0 feet to an iron ~ther, 3 co, sea as follows~ (1) Ic pipe; thence (2),~. 1~ ~5~ 50" W. 202'.86 feet; thence (3) S. 73° 1~' W.' 217 feet, ~o~e o~ l~Ss, to ordinary high water ma~k of Hattituck Greek; ~thence no=thevly alone said high wate~ ma~k 99 feet, mo~e o~ less, to ~said l~d of Austin ~thill; theHce ~ong said land of ~thill, 3 co~rses as follows~ (1) N. 64° 03~ 50" E. 103 feet, more 0r less; thence (2) N. 43~ 03~ ~0" E. 239.86 feet to an iron pipe; thence' (3) N. 18~ 13~ W. 40.O'feet to the point of beginning. ~JEGT to ~ right of way over the' northeasterly 20 feet of the P~misea from ~qllwood Lane southerly for 100 feet. TOGET~H wi~h all the right,, title ~d interest of the party of the first part of, in ~d to that portion of ~ollwood Lane adjacent to ~ai~ pmmises,to the ce~er line thereof. T~ET~H wkth ~1 the ~iEht, title ~d' interest of the p~ty of the first p~t of, in ~d' to waters ~d the l~d under the waters of Matti~uck C~eek l~ini in f~ont of and adjoining the said premises. T~E pH~ISES herein are conveyed subject to the following covenants ~d re~trictions~ 1.. The p~$ises shall not be used except for residential purpose{; that t~e party of the second part will not erect, ,car,,on, maintain, suffer[or pe~it on the p~emises or upon ~y pdrt thereof,- ~y b~ewe~, distillery, dr~ shop, saloon or other place for the m~ufacture or s~le of intoxicating liquors, or any d~Eerous or noxious trade, b~si~ss or occupation, or ~y nuis~ce whatever, or any trading or manufacturing busi~ess, trade or occupation. 2. NO bUilding other than' one private dwelling for tee use and occupancy of' one family and one private garage shall be erected on said lot. Any dwelling erected thereon shall cost not less than $10,000.CO and any detached garage erected thereon shall cost not less than $1000~00. 3. No fences or hedges over 4 feet in height shall be erected on said premises and said fences or hedges~all be maintained and kept in good appearance' . 4. No sgable's 'or outside toilets shall be erected on said er o~ other refuse or garbage from,'in or nr ises. No foul wa~e~w~_ ~ .... e er be erected on th? ~re~i~s~ ~_S~_ -- ~,,~ld~n~s WnlCn mas ~.~.t __ ',~ ~ ~nd ~UD snail ~ shall be permitted to De uepua~ .... pipes or drains shall conducted through pipes Or drainS, which said ick or stone and best portia/Id or be constructed of tile, iron, br ~ hR uerfectly w&tertight other superior cement in such manner as ~ -- = .... and so' as effeCtivei~ to prevent the escape of any o.f the contents thereof into the adjacent soil and sand. ~. No ~ax't of any 'dwelling or garage, shall be const~c~ed on said premise~ within 2~ fee't of any street or ~ithin 5 fRet of the. other boundaries of said lot, and nopart 'of any ~esspool shall be within 10 feet of the other boundaries of said lot. 6. No fowl, poult~J, animals or ~ilVestook shallbe ~ep~ on said premises othe~ than domes, tic pets.. ~ 7. 'No trailers will be kept, ~sed .or e~loWed ~pon s~id premises except when kept within 'an enclosed garage. . : ~ These covenants and restrictions Shall run with t~e land ~er~by conveyed and shall bind and in~re to ~he benefit of the s~id parties hereto, their heirs, adminis~r%~ors and assigns until January l, 1970 and said covenants and restrictions may be enforced by actions for damages or in~unctions or both until the said' 1st daY 'of .JanUary, 1970'- The covenants and restric~ions herein imposed shall apply solely to the premises herein conveyed and these covenants and restrictions may be modified, changed or released by the party of the first part, their heirs and assigns and the owners of the premises for the time being, the p~rty of the first pa~t reserving and retainihg all restricting rights of neighboring properties now owned o~' whiuhmaY be acquired by them. p~e or: be~i~mg- ~%~;l~O at a ~int ~ the somberly s~de o~ ~cet to land Lane ~d ~o11~ ~ 'ns i~ ~ng agreed ~tw~n atili~ X~nes a~a ~_ ~a~ ~at the to u~ slid ri~t o~ WICKHAN1, WlCKHAM 8, E~RESSLER, P.C, MAIN ROAD, P.O. BOX 1424 September 20, 1994 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Lahmann Application Gentlemen: Enclosed is up-dated original Single and Separate Search in this matter. AAW:mh encl. Commonwealth® Land Title Insurance Company COMMONWEALTH LAND TITLE INSURANCE COMPANY does hereby certify to: Wickham, Wickham & Bressler, Esqs. THAT it has caused a search to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 3/20/51 to date to ascertain the fee chain of title respecting said premises described herein; and the premises abutting since 9/22/56 and has found only the returns as set forth herein on the following pages as they bear on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein." THIS Company's liability is limited to One Thousand ($1,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TITLE INSURANCE COMPANY CATHARINE KING {~_) Title Number: RH940528 Dated: 8/31/94 O Reliance C~{AIN OF TI%LE FOR SI~JEC~ PRS~4ISES 1000-107.00-06.00-006.000 ROBERT H. PRESTON DATm3: 3/20/51 A~D RO~JRT ~JIR REC'D: 3z~3751 TO LIBER~/3196 CP 225 A. Kt~NT~TH MDNSSLL AN UBDMDED 1/3 INTEREST RO~T H. PRES/ON, A. K~NSETH MDNSSLL & [1AT~D: 4/1/58 ROBERT 5D-iR RSE'D: 4/7/58 TO LITER 4446 CP 105 JOHN GUNTHER JC~N GUN~}ER & BARBARA GUNTHER[ HIS WIFE E~TSD: 7/2/62 TO .... RtI]'D: 7/9/62 ROSALIE W. LA~Zk~NN LIaR 5193 CP 243 ROSALIE W. LA~Zk~NN IlATSD: 7/7/76 TO R~I2'D :~ ~1/1/76 I~ALTER A. LAFI~ANN, JR. ~I~R 8132 CP 243 ~%~kLTER A. LA}lV~ArN, JR. [~%TSD: 10/5/90 TO R~'D: 11/7/90 MARY ANN ~, JR. LIaR 11165 CP 584 LAST REODRD CW]XER STATE OF Ix~54 YORK) ) ss: Cf;3NIY OF SIFFOLK) CATHARINE KING, being duly $~orn, deposes and says: That (s)he is Title Officer of C~mmon~ealth Land Title Insurance Contoany, That the above are true Chains of Title of the adjoining premises as shown on the records of the Clerk of the Co3nty of Suffolk and the variance search under the above captioned title number. Riverhead, New York DAVID 14. PETRI~ JR. No~y Pu~c. Sta~e of N.w Yo,'k No. 4771~7. Suflo~k C, our,ly O, ~ Co,~i~on Expl,'.s Dec. 30. 19 (I1MlVDNNEALTH LAND TIRLE Z~SURANCE COMPANY THE CQw~P.~a~ CHAIN OF TITLE FOR PRMMISES ADJACEAT NORTH Riverhead, New York Sworn to before me this NOTARY ltlBLI C OAVIO U. PETRIE .JR. Nota.'y Public. State o! New York No. 4771887. Sul~olk County,,.~ C:orr~%~ion Expires Dec, 30, lcj ~"~.'~ ODMMD~TH LAbD TITLE ~SURANCE C~MpANY K)R ~HE CHA/lq CF TITLE FOR PR~4ISES ADJACENT EAST 1000-107.00-06.00-007.000 RCBERT H. PRESPON & RCSERT ~-iR A. KENNETH MDNSELL DATED: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 ROBERT H. PRESTON, A. KS1NSE~ 5ENSSLL & RC~ERT ~3IR TO FRAI~ GUDSON & MARY M. GUI)SON, HIS WIFE Ii~TSD: 5/6/53 RHi'D: 5/12/53 LIaR 3513 CP 233 RC~ERT H. PRESTON, A. KEN]~TH MDNS~LL & ROS~RT MUIR TO FRANK GUE~ON & MARY M. GUE~ON, HIS WIFE DAT~/3: 6/12/59 REC'D: 6/16/59 LIBER 4641 CP 447 FRANK 6~JDSON DISD A RESIDENF CF SUFFOLK O0UNTY 5/10/72 MARY M. GUDSON TO F~'rm~ C. EARLEY & CAI~ERINE E. EARLEY, HIS WIFE DA','m3: 5/22/78 REC'D: 5/25/78 LIBER 8433 CP 421 LAST R~COSD CWNER Riverhead, New York S~Dm to before me this NOTARY FJBLI C O~VlO U. PETRIE ,TR, Notar/Fu~i¢. State of New York No. ~7~887. Suffo~ 0ou~yn ,. Com~.[ofl Ex,res ~c. 30, 19~ CCMMD~TH LAND TITLE INSLRANCE O0MPANY FOR ~ (20~ CHAIN CF TITLE FOR PR~/SES ADJACENT SO3PH 1000-107.00-06.00-005.000 RCBERT H. PRE,PON & R(]BERT 5g3IR A. KENN~'IH MDNSSLL AN I~i)IVIDI~ 1/3 DATSD: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 OOVERS ~ & ~I~E ROuE~T H. PRESTON, A. KSIq/~TH MDNSSLL & RC~ERT ~JIR TO JOHN (73NTHER & BARBARA GUNTHER, HIS WIFE D~T~D: 10/19/57 R~C'D: 10/23/57 LIaR 4381 CP 293 RCBERT H. PRESTON, A. KENi~TH 5DNS~LL & DAT~3: 6/12/59 RObeRT 5~UIR R~C'D: 6/16/59 TO LIBER 4641 CP 443 JOHN GUNTHER & BARBARA GUNT}~R, HIS WIFE JOHN GLTN15~ER & BARBARA (Y3NPHER, HIS WIFE TO JAMES DELEHANTY & DOROI~EA DELEHANTY, HIS WIFE DAT~3: 8/11/61 R~C'D: 8~21/61 LIBER 5036 CP 137 JA~S DELEHAIqI~ DA'r~3: 6/25/70 TO REC'D: 6/30/70 DOROTHEA DELEHANI~ LIBER 6765 CP 88 DOROTHEA DELEHANTY DA'r~3: 10/22/93 TO R~C'D: 11/4/93 THOMAS ASDRFJACK & CATHERINE L. ASDRFJACK, HIS WIFE LIBER 11650 CP 748 LAST Rt~CO~D CWNER Riverhead, New York Sworn to before me this NOTARY' PdBLI C OAVID M. PETRIE JR. Notary Public, $lale of New York No. 4771887, Suffolk Counly ~. Commlssion Expires Dec. 30, 19~_..~ C'~ C(2zkMD~ LABD TITLE INSURANCE COMPANY CHAIN OF TIqLE FOR PRSMISES ADJACENT WEST 1000-107.00-06.00-021.000 RC~ERT H. PRESTON & RC~ERT ~3IR DA%'~3: 3/20/51 TO REC'D: 3/23/51 A. KZ2~L~TH MD~,T. LIBER 3196 CP 225 AN ~IVIDED 1/3 IN~E~T (D%~S ~ & RO~T H. t%RESTON, A. K~SN-~TH M2~S~LL & ELATED: 10/19/57 RC~ERT ~[rfR R~'D: 10/23/57 TO LISER 4381 CP 293 JOHN GUNTHER & BARBARA GUNTHER, HIS WIFE JOHN GUNTHER & BARBARA GUNIP~R, HIS WIFE DAT~3: 8/11/61 TO REC'D: 8/21/61 JAMES DELEHAN-fY & DOR~ DELEHA/F~f, HIS WIFE LIBER 5036 CP 137 JOHN GUNT}ER & BARBARA GUNTER, HIS WIFE DATED: 7/2~62 JA~S D~";,W~ DATED: 6/25/70 TO R~2'D: 6/30/70 EOROTP~J% DELEHANTY LIaR 6765 CP 88 ROSALIE W. LA~3~qN ~THD: 7/7/76 TO R~C~.' - i~/8/76 TO R~ 11/7/90 ~" I~ORUII--~ D'~','~-_AN~ D~T~-. 10/22/93 TO RIt2'D: 11/4/93 THC~AS ANEREJACK & LISER 11650 CP 748 CATHERINE L. AR~REJACK, HIS WIFE Riverhead, Ne~ York Sworn to before me this COMMD~ALTH LA~D TITLE INSURANCE C(!~PANY ~)R THE CU~ DAVID M. PETRIE JR. Note7 Public, Stale of New York No. 4771887, Suffolk Counly Commission Expires ~}ec. 30, 19~/~ ~ OF TI!LE ~R PRSFkISES ADJACENF WEST 1000-107.00-06.00-004.000 RC~ERT H. PRESTON & RCBERT ~3IR DATSD: 3/20/51 TO REC'D: 3/23/51 A. KENb~H MONS~LL LIBER,: 3196 CP AN [~D~ 1/3 INI~KEST ~ PR]D~S & M ROBERT H. ~RESTON ~T~D: 6/21/5 RO~T ~ LIKER: 4648 CF JC~N GUNT~ZR~ ~ "' lATIn: 712/61_ ~ ~R, ~S ~ R~[ 7/9/62 ~ L~R. 5193 CP ~'r~ A. ~, ~. L~E~: 81~2 CP~ .................................. [ ......... ~ A. ~, ~. DA~. ~0/519( TO R~C'D: 11/719[ MARY ANN LAHMANN LIBER: 11165 CP 584 Riverhead, New York Sworn to before me this NOTARY ~K;BLIC ~ I~VID ~. PETRIE JR. Notary Public, Stale of Ne~ York No. 4771887. Sulfol~ C~.r.i~on Exi~.e$ 19 Cf/~J~D~ALTH LAAD TITLE INSURANCE OC~PANY ~R THE (~'vlPANY CHAIN OF TITLE FOR PRAISES ADJACENT WEST 1000-107.00-06.00-003.000 RC~ERT H. PRESTON DATSD: 9/22/56 A. KSI~/~TH MDNSSLL REC'D: 12/24/56 RC~BERT 5~3IR LIBER: 4233 CP 301 TO AUSTIN B. ~O~f~IILL MILLICEN-~ B. TUTHILL, HIS WIFE AUSTIN P. T[/I~]LL D~TED: 10/3/59 MILLICEN7 B. ~JTHILL, HIS WIFE Rt~'D: 10/8/59 TO LI~ER: 4706 CP 126 LELA [~AHLEN, HIS WIFE HEI~4AN G. WHALEN D~TSD: 2/19/69 LELA WHALEN, HIS WIFE REE'D: 3/6/69 TO LI~ER: 6514 CP 416 WILLIAM A. STARKS IRENE STARKS, HIS WIFE WILLIAM A. STARKS II'TIeD: 7/31/78 IRENE STARKS, HIS WIFE R~'D: 8/2/78 TO LISER: 8472 CP 246 STANLEY CHASE STANLEY CHASE D~T~D: 12/19/79 TO R~'D: 1/14/80 ROt~IT NAGEL LITER: 8762 CP 66 S~ N~b, HIS WIFE ROt~RT H. NAGEL D~T~D: 1/8/82 TO RSE'D: 2/25/82 SAMAN?HA NAGEL, HIS WIFE LIEER: 9147 CP 73 SAMANTHA NAGEL TO RObeRT NAGEL SAMANTHA NAGEL, HIS WIFE [AT~D: 1/10/85 R~E'D: 1/30/85 LI~ER: 9725 CP 461 STATE OF N~N YORK) ) SS: CCUNTY OF SUFFOLK) LAST REODRD OWhER CATHARINE KING, being duly sworn, deposes and says: That (s)he is Title Officer of Ccn~rorm~alth Land Title Insurance CC~!~Lny, That the above are true Chains of Title of the adjoining praises as shown on the records of the Clerk of the Ccunty of Suffolk and the variance search under the above captioned title nun%her. Riverhead, New York Sworn to before me this NOTAR~ t~3BLIC ~'~ DAVID U. PETRIE JR. Notary Public, Slate o! New York No. 4771887, Suflolk County .~ ·. Commission Expires Dec. ~0, 19~::~"1 (/DMMDNWEALTH LASD TITLE Robert Nagel 513A Heritage Hills, Somers, N.Y. 10589 (914) 277-8030 September 3, 1994 Board of Appeals Town of Southold Southold, New York Ref: 11971 Application No. Mary Ann Lahman 4263 Gentlemen: My wife and I own the property at 895 Knollwood Lane, Mattituck ( 107-6-3 ), adjacent to the property known as 775 Knollwood Lane, owned by Mary Ann Lahman, which is the subject for the petition According to the Southold Code Section 100-244 B., the petition must be refused , since it specifies that .." A noncomforming lot separately oiwned and not adjoining any lot or land in the same ownership at the effective date of this Article and not ajoining any lot or land in the same ownership at any time subsequent to such date may be used .... !'. If Walter Lahman owned the said property prior to the "..efffective date of the Article.."the petition must be refused, because he also owned adjacent property (situated between my property and the property owned by Mr. and Mrs. Andrejack ). If the property in question has been sold or transferred to the new owner, in the recent past, then the petition must also be refused since such ownership would have occurred after the · ."effective date of the Article". Very truly yours, Robert H. Nagel / Samantha B. ? Nagel WILLIAM W~CKHAM ABIGAIL A W]CKHAM LAW OFFICES WlCKHAM, WlCKHAM ~ BRESSLER, P.C. MAIN ROAD, P.O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO 516-298-8565 September 9, 1994 MORTGAGE OFFICE 516-298-5300 TELEFAX NO 516-298-2012 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Lahman Application Gentlemen: I have requested an original single and separate search from Commonwealth Land Title Insurance Company, and will forward it upon receipt. Very ~tr~ly yours, ~Ab~ail A. Wtckham AAW:mh TO: RE: BOARD OF APPEALS TOWN OF SOUTHHOLD REGULAR PUBLIC HEARING PETITION OF MARY ANN LAHMANN September 7, 1994 (APPL. NO. 4263) BACKGROUND: My name is Joseph A. Ross and I own the property at 750 Knollwood Lane. This property is plot 15 on Knollwood Lane and is directly across the street from the property for which the variance is being requested (Plot 6). MY COMMENTS: Plot number 6 occupies a unique place. It is central to Plots 3, 4, 5, 7, 16, and 15. 1. A variance will substantially destroy the value of each of the adjacent properties because of the following reasons: a. the property (Plot 6) is substandard. It is, in fact, only .283 acres, and is 12,400 square feet in size. the proposed house, while not substandard, is only 20 square feet larger than the absolute minimum house permitted (870 ft2 vs. 850 ft2). Thus, it is substantially smaller than each of the adjacent properties with the exception of the inlet-front property on Plot 2. substantial sums of money have been spent for the enhancement of the properties on Plots 7, 16, 15, and 3, and it would be a shame to have a tiny house on a substandard lot right in the midst of very attractive homes and properties. If the variance must be granted because of existing laws, we petition the Board of Appeals to recommend that the tax assessments on the adjoining plots (Plots 3, 4, 5, 7, 15 and 16) be substantially reduced because the variance will reduce the resale value of these properties. ~ J Knollwood Lane, P.O.Box 652 ~ Mattituck, NY, 11952 Page 31-Hearing Transepts Regular Meeting of September 7, 1994 Southold Town Board of Appeals have any particular question, I think it's great. I'll lend discussion to my fellow Board Members there. Mr. Villa, Mr. Dinizio. MEMBER VILLA: I don't have any questions. MEMBER DINIZIO: MR. CHAIRMAN: either in favor granting as applied for. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye.MR. CHAIRMAN: my No, I don't have any questions. Is there anybody in the audience would like to speak or against this application? I'll offer resolution Thank you Ms. WICKHAM. 8:23 P.M. -~~-4~ "'~....~ Z-Z~-' :-Z--~' ~}I. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged status. Location of Property: 775 Knowland Lane, Mattituck, N.Y.; County Tax Map Parcel No. 1000-107-6-6. Copy of a single and separate search. I have a copy of the lot size or in the way of a survey produced by Anthony Lewandowski, most recent date is June 18, 1994. Parcel in question is 124.27 by 100 approximately and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and we're ready. Page 32-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals ABIGAIL WICKHAM: Thank you. I still have with me Mr. & Mrs. Lahmann. We are here on behalf of their application. This property was acquired in the early sixties by Mr. Lahmann's mother and at the time it derived from a subdivision map which was created in the early fifties. It was a map which was never filed but most of the lots were sold off according to the map or, or very similar to it in the fifties and sixties. Three gentlemen own this and surrounding properti~.~ and they conveyed out each of the various lots in various configurations. I tried to give the Board as much historical background as we had on this property including a single and separate search that shows that this particular was single and separate back to I believe 1959 for certain. Based on the descriptions that appears to be the case two of the adjoining properties were conveyed in separate parcels so some of it was conveyed out prior to the 1957 ordinance date, some of the adjoining properties. I gave the Board a copy of the Knollwood Terrace Map which was created in the fifties. I also submitted, this harbors back to the days of Howard Terry in the Building Department and apparently before this lot was purchased by the Lahmanns' predecessors the Gunthers, there was inquiry made as to whether this could be or whether an adjoining property or this property could be considered as a billable parcel and in looking at his records of the Town he was of the opinion that it could be. The Lahmanns do not own the property immediately to use. It is separate by a right-of-way which is jointly owned by another party and it is really an appendage unto itself. It is not useable as anything other than a separate lot. Also, I'm looking at the tax map. It appears that there are a number of other properties in Page 33-Hearing Transc~pts Regular Meeting of September 7, Southold Town Board of Appeals 1994 this neighborhood which are small and as small and almost as small as this property. I also note, that there don't appear to be any parcels here in the immediate neighborhood which would be subject to a subdivision such that this would set a precedence. If the Board has any questions or perhaps any comments I'd be happy to tryn an answer. MR. CHAIRMAN: I don't at this time Ms. WICKHAM. (Discussion between Board Secretary Kowalski and Mr. Do you have the original? original single and MR. CHAIRMAN: Oh! Yeah! gave us a copy. ABIGAIL WICKHAM: The Chairman). We, we, you believe I do. Yes, I'll give that to you. Doherty has the original but I will submit submitted to you immediately after the hearing. MR. CHAIRMAN: Thank you. ABIGAIL WICKHAM: I received a copy myself. MR. CHAIRMAN: Thank you. Gentlemen, any questions of lady? MEMBER DINIZlO: MR. CHAIRMAN: MEMBER VILLA: appears that it's a single and separate from what I can see. MR. CHAIRMAN: Well there was at some time that Mrs. owned a percentage of that right-of way, did she not? separate search? I Actually I think Ms. it. I will have it this nice No. Bob? No. It looks like just check through the title search it Lahmann Page 34-Hearing Transc~pts Regular Meeting of September 7, Southold Town Board of Appeals 1994 half interest in Gunther and I ABIGAIL WICKHAM: The tax lots 4 and property and the Andrejack property. MR. CHAIRMAN: Right. I don't have any 5. Mrs. Lahmann's further questions, you know, we have a great historical background on this one and we will be discussing it. Let's see what develops throughout the hearing and we'll probably ask you to come back. Thank you. Is there anybody else would like to speak in favor of this application? Anybody like to speak against this application? Yes. Sir, would you state your name for the record. ROBERT NAGEL: MR. CHAIRMAN: ROBERT NAGEL: I'm Robert Nagel. I sent a letter to the Board that I the adjoining property ( ), not I own the piece of property which had estimated or thought I was in realizing that that right-of-way eliminates me as an adjoining member, adjoining, but I'm certainly very interested in this and have many concerns .... You live on 3 which is on the water ..... yes, you MR. CHAIRMAN: live on 3. ROBERT NAGEL: Yes, I'm on 3. Yes, OK. I guess the, the many, ! guess directly to what was stated before, this plot is not as small or almost as small as the others. It is actually 16% smaller than any others of the lots nearby. The smallest is 6% smaller than the smallest ABIGAIL WICKHAM: Mrs. Lahmann does still own a the right-of-way. Yes, together with a, originally need, I believe it's now Andrejack who ( ). MR. CHAIRMAN: This right-of-way has always been used for the transversal of the driveway from Knollwood Lane to the two sites .... . Page 35-Hearing Transepts Regular Meeting of September 7, Southold Town Board of Appeals 1994 plot. There are, as I look through some of the papers I noticed that the appeal from the decision of the Building Inspector stated that the applicant desires to construct a single family dwelling residence on the substandard 'MR. CHAIRMAN: ROBERT NAGEL: think that this plot on the lot. I also noticed that Ms. Lewandowski a The surveyor? The survey is for Mr. Charles Lustenring~ so I is, that if this is successful, that this part will be transferred to sale to someone else so I think that needs to be thought about. Also, it's a very small house as you see on the survey. It does meet the requirements. I understand the requirements are 850, this is 870, but it is a, to make in todays market place I think that to build and make it worthwhile is to, any kind of a size in volume, the owner would probably want to go maximum which I understand is 35 feet. If it was 30 in the front and 35 feet high I think it would be an extraordinary looking tower and not an addition to the neighborhood at all. Also the fact that there's a proposed driveway because and no carport or garage is installed cause there's not room for one so you would have that to contend with as well. I think the issue, I'm just talking about the kind of concerns I have about my property and its impact, but also I think there's something that is an environmental issue here which I think needs to be, I don't know if it takes place in your consideration but it needs to be considered at some point in this whole process. As I understand and with my discussions with the Suffolk County Department of Health Services, this is a shallow well area which requires that the distance between a cesspool and a wellhead Page 36-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals should be 150 feet. The deed and that also includes not only the surrounding neighborhoods but, but, the owner of the bigger properties themselves whoever owns it. The distance that is shown on this, on the Lewandowski plot plan shows the distance of 125 feet between on that property. Between the proposed well and the septic tank, that is the cesspool. The, the circular cesspool. The distance between Mr. Earley's property which is directly as you see I guess to the ~st is 140 feet and the distance to my property, to my wellhead is less than 100 feet. OK, and I happen to be on the downhill side because drainage through the aquifer and through any effluence toxic materials and blooms that would not be biodegradable for lack of oxygen, etc. would flow right into me because the water flow is down towards the inlet which I ( ). Also, the issue has been made, and I, I would like to address the 100-244 deed. The Lahmanns have held not only their property which is on the water directly adjacent to me but they have this right-of-way as well as the property in question and the position I believe their taking is that since it was co-owner by someone else therefore it is not of distinct insep, inseparable. I think that there's something that I read that is interesting because it's in print on the Board of Appeals, appeal from decision on the form itself that number says, number 3, "the hardship would observe the spirit of the ordinance", and I think the spirit of the ordinance would be addressed to this, this whole idea as proposed in, in Section B, that it shall not be an owner who has had you know, continuous ownership through the years rather than because the Lahmanns only own half of that side well which, I, I think those points need to be addressed. Also, a Page 37-Hearing Transepts Regular Meeting of September 7, 1994 Southold Town Board of Appeals question I really, talking about this building which would be 35 feet. This property is slope below point near the road high point towards the back. When they talk about 35 foot building is that, is that the height from the back for example, or from the front or what? MR. CHAIRMAN: It's a medium height. ROBERT NAGEL: It would be a medium height, I see. Therefore, the front would be higher, could be higher than 35 feeould be higher (Several Members answering, Would be highe; Yes; Yes, that's right.) ROBERT NAGEL: So it would be even more higher and more of an eyesore as far as we're concerned. I think that covers my, my concern, OK. Thank you very much. MR. CHAIRMAN: Thank you Mr. Nagel. Is there anybody else would like to speak against this application? JOSEPH ROSS: Yes, I would. MR. CHAIRMAN: I see a gentleman moving up here. JOSEPH ROSS: Moving rather slowly. My name is Joseph Ross and own the property directly across the street and I'd like to pick up on a point that Mr. Nagel made when he said that the petition by Mrs. WICKHAM was the spirit. I think it was the letter and not the spirit of the law. I think if you look at this property, this property is the, is the hub of a wheel and there are six properties going around it and if you change the hub, you change the properties around it and these properties will go down dramatically in value. That's, that's my first feeling on this. I think we should think very carefully before we grant this and secondly if it is granted and if it is the letter of the law, then I think you should also recommend that the people whose properties Page 38-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals abut this substandard property be given substantial reductions in their tax bills. That's all I have to say. MR. CHAIRMAN: Thank you Sir. Is there anybody else would like to speak? Sir! Kindly state your name for the record also. RALPH NOFI: I'm Ralph Nofi, Knollwood Lane, I own on the Tax Map, Lot 16 which is across from the subject property. I also share the concerns that Mr. Nagel expreses. I think their quite critical ~gr us who live in the area, particularly the environmental concerns. My wellhead happens to be a 20 feet in from the road line which is also a problem. We have cesspools that are not meeting code distances. I'm also concerned that we're setting a precedence here by taking a substandard lot and developing it. My concern is that we windup with things that have gone on ( ) for every little bit of property no matter what its size is built on and I don't think that that's what ordinance intends in terms of lot sizes and what can be done with those lots and I have asked that the Board seriously consider the impact of the development that parcels on all of us who are neighbors in that area because I think that it will impact the positive passion. Thank you. MR. CHAIRMAN: Thank you Sir. us in the negative passion not in Is there anybody else would like to speak? Ms. WICKHAM, anything to rebut? ABIGAIL WICKHAM: Yes, if I may. MR. CHAIRMAN: Sure. ABIGAIL WICKHAM: I, I just like to note a few things. as to the discussions by these gentlemen about the ordinance, I think we are here precisely First of all, spirit of the because of the language of Page 39-Hearing Transepts Regular Meeting of September 7, 1994 Southold Town Board of Appeals 100-244B. I think that this is the type of property that that section was addressed to and we're asking for a merger, non merger determination. In 1959 when this property was separated by deed, my understanding is that the Zoning Ordinance permitted 1/4 acre lots. As to the issue of the size of lot these would be surrounding properties I note, that the property across the street, number 15, while I don't have the surveyor's computation appears to be several feet, squar~ feet smaller than this property, it's certainly very close in size. I didn't get the gentleman's name that spoke last. He is speaking from a 15,000 square foot lot. There are other comfortably situated properties in the, in the neighborhood. As far as the common on value and, and it was just a common, there was no proof offered. I also note, that this property had been shown on a map of the area since 1951 and it is shown clearly as a separate lot on the Tax Map, so I don't think they could have been surprised that there would be the possibility of another lot here. Certainly, the Health Department is an area which will have to be addressed. It is however single and separate for the Health Department purposes. If the Health Department has any concerns I'm sure they will voice them and the property will have to be addressed in that manner in terms of separation and depth. The Lahmanns are selling the property and I don't think that it was intended not to convey that to the Board. MR. CHAIRMAN: Thank you. MRS. EARLEY: I'm Mrs. Ear]ey and I'm adjacent to the lot alongside and I just want to tell you I'm opposed for the same reasons Page 40-Hearing Transits Regular Meeting of September 7, 1994 Southold Town Board of Appeals as my neighbors and we feel as though we have more to lose than we have to gain. MR. CHAIRMAN: Thank you. Hearing no further comment I'll make a motion closing the hearing and reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: ALL in favor? MEMBERS: Aye. MR. CHAIRMAN: Thank you very much everybody for coming in, safe home and thank you for your courtesy. 8:46 P.M. MR. CHAIRMAN: The second from the last hearing of the evening is Appl. No. 4267 in behalf of ANN M. SHANNON. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for permission to construct addition which will exceed 20% lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, N.Y.; County Tax Map Parcel 1000-123-2-6. We have a parcel of property on Marratooka Road with an existing one story dwelling on the property at this time. The size of the property is 60 x 116 or approximately just under 7,000 square feet. The nature of the application is to put an addition on the rear of the dwelling of a variable 9 x 12 x 38 and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I believe Mr. Nine you would like to speak.? MR. NINE: No, I'm sitting right over here, thank you. MR. CHAIRMAN: Oh! How do you do. Robert Nagel 513A Heritage Hills, Somers, N.Y. 10589 (914) 277-8030 September 3, 1994 Board of Appeals Town of Southold Southold, New York 11971 Ref: Application No. 4263 Mary Ann Lahman Gentlemen: My wife and I own the property at 895 Knollwood Lane, Mattituck ( 107-6-3 ), adjacent to the property known as 775 Knollwood Lane, owned by Mary Ann Lahman, which is the subject for the petition According to the Southold Code Section 100-244 B., the petition must be refused , since it specifies that .." A noncomforming lot separately oiwned and not adjoining any lot or land in the same ownership at the effective date of this Article and not ajoining any lot or land in the same ownership at any time subsequent to such date may be used .... " If Walter Lahman owned the said property prior to the "..efffective date of the Article.."the petition must be refused, because he also owned adjacent property (situated between my property and the property owned by Mr. and Mrs. Andrejack ). If the property in question has been sold or transferred to the new owner, in the recent past, then the petition must also be refused since such ownership would have occurred after the .."effective date of the Article". Very truly yours, Robert H. Nagel Samantha B. Nagel ~HAIN OF TIILE FO~ PRWm~ISES .~flIAfE~rf ~,~SP 1000-107.00-0 6.0 0-02 1.000 R~BERT H. PRESTON & RCBERT N~JIR TO A. KENB~H MONSSLL DA'i'~D: 3/20/51 REC'D: 3/23/5! LIBER 3196 CP 225 RO~RT H. PRESTON, A. I~2X~qETH ~DNSSLL & D%TED: 10/19/57' RfBERT 5fJIR REC' D: 10/23/57 TO LI~ER 4381 CP 293 JOHN GLrN~HER & P~ARA GU~XK/~E.% HIS WI~ JOHN ~JNPHER & BAEBAP~k GU~rfh~P~ HIS WIFE DATED: 8/11/61 TO REC'D: 8/21/6 1 JA~S DELEHANTY & DOROTHEA DELF~%~rfY, HIS WIFE LIBER 5032 CP 137 J~HN g3Ni%~R & B%RRARA~R, HIS WIFE DATED: 7/2/62 TO REC'D: 7/9/62 ROSALIE W. LAH~ANN LI~ER 5193 CP 243 ~I~S E~J,k~FL~NTY [iATED: 6/25/70 TO R~'D: 6/30/70 DORO~r~A DELEHASrfY LI~ER 6765 CP 88 (c~n tinued) Riverhesd, New York NOI'.a~Y I:rJBLI C CA'~'IARINE J. KLM," I~. 484466o ~ In Suflol~ qq5 CCN'v~VDI~DL,5~-I ~ TISLE /~ ANY · TISLE OF FI fER (continued) ROSALIE W. LAH~ANN TO WALTER A. LAI$IANi% JR. DATm3: 7/7/76 REC'D: 11/8/7 6 LIBER 8132 CP 243 WALTER A. IA~ANN, JR. DATED: 10/5/90 TO RE'D: 11/7/90 PULRY ANN L~4ANN LIZER 11165 C P 584 FOR (~E-HALF ~ L~AST R=J2D.qD CWNER DOROTHEA D~.~.HANTY DATED: 1 0/22/93 TO REC'D: 11/4/93 THCMAS ABDRFJACK & LIBER 11650 CP 748 C~1%ERINE L. AAIRF_~I%CK, HIS WIFE Riverhe~d, ~w York Sworn to kefore..~e thi~ .~m~ ~31. ~ PREMISES SOUTHWEST: 1000-107.OO-O6.OO-OO4.O00 FLORENCE T. PAYNE WALLACE S. TUTHILL to ROBERT H. PRESTON ROBERT MUIR DEED DATED: 2-14-1951 RECORDED: 3-23-1951 LIBER 3196 cp 241 FLORA T. McGUIRE ~ KATHRYN E. McGUIRE FRANCES M. GREEY ~ JOHN P. McGUIRE ~ to ROBERT H. PRESTON ROBERT MUIR DEED DATED: 3-10-1951 RECORDED: 3-23-1951 LIBER 3196 cp 235 ROBERT H. PRESTON ROBERT MUIR to A. KENNETH MONSELL 1/3 interest DEED DATED 3-20-1951 RECORDED: 3-23-1951 LIBER 3196 cp 225 SARAH L. TUTHILL to ROBERT H. PRESTON A. KENNETH MONSELL ROBERT MUIR DEED DATED 9-17-1951 RECORDED 9-18-1951 LIBER 3265 cp 321 PREMISES SOUTHWEST: 1000-107.00-06.00-004.000 ROBERT H. PRESTON A. KENNETH MONSELL ROBERT MUIR to BARBARA GUNTHER DEED DATED: 6-26-1959 RECORDED: 6-29-1959 LIBER 4648 cp 467 JOHN GUNTHER BARBARA GUNTHER, his wife to ROSALIE W. LAHMANN DEED DATED: 7-2-1962 RECORDED; 7-9-1962 LIBER 5193 cp 243 ROSALIE W. LAHMANN to WALTER A. LAHMANN, JR. DEED DATED: 7-7-1976 RECORDED: 11-1-1976 LIBER 8132 cp 243 CONTINUED ..... PREMISES WEST:continued ..... 1000_107.O0-06-00-O04-000 & 006.000 JOHN GUNTHER BARBARA GUNTHER, his wife to ROSALIE W. LAHMANN DEED DATED: 7-2-1962 RECORDED: 7-9-1962 LIBER 5193 cp 243 ROSALIE W. to WALTER A. LAHMANN LAHMANN, JR. DEED DATED: 7-7-1976 RECORDED: 11-1-1976 LIBER 8132 cp 243 WALTER A. LAHMANN, JR. to MARY ANN LAHMANN DEED DATED: 10-5-1990 RECORDED: 11-7-1990 LIBER 11165 cp 584 INTEREST IN RIGHT OF WAY LAST DEED OF RECORD SYNDICATED TITLE AGENCY Vice President Sworn to before me this 14th day of September, 1993 Notary Public RI3~E ~yodr PREMISES NORTHWEST: 1000-107.O0-06.00-O03.O00 SOUTHERLY SIDE OF KNOLLWOOD LANE with WEST SIDE KNOLLWOOD LANE ROBERT H. PRESTON A. KENETH MONSELL ROBERT MUIR to AUSTIN B. TUTHILL MILLICENT B. TUTHILL, HIS WIFE DEED DATED: 9-22-1956 RECORDED: 12-24-1956 LIBER 4233 cp 301 AUSTIN B. TUTHILL MILLICENT B. TUTHILL, to HERMAN G. WAHLEN LELA WAHLEN, his wife his wife DEED DATED: 10-3-1959 RECORDED: 10-8-1959 LIBER 4706 cp 126 HERMAN G. WAHLEN LELA WAHLEN, his wife to WILLIAM A. STARKS IRENE STARKS, his wife DEED DATED: 2-19-1969 RECORDED: 3-6-1969 LIBER 6514 cp 416 WILLIAM A. STARKS IRENE STARKS, his to STANLEY CHASE wife DEED DATED: 7-31-1978 RECORDED: 8-2-1978 LIBER 8472 cp 246 CONTINUED .... PREMISES NORTHWEST: continued ..... STANLEY CHASE to ROBERT NAGEL SAMANTHA NAGEL, his wife DEED DATED: 12-19-1979 RECORDED: 1-14-1980 LIBER 8762 cp 66 ROBERT H. NAGEL to SAMANTHA NAGEL, his wife DEED DATED: 1-8-1982 RECORDED: 2-25-1982 LIBER 9147 cp 73 SAMANTHA NAGEL to ROBERT NAGEL SAMANTHA NAGEL, his wife, DEED DATED: 1-10-1985 RECORDED: 1-30-1985 LIBER 9725 cp 461 LAST DEED OF RECORD Sworn to before me this 14th day of September, 1993 Notary Public I SYNDICATED TITLE AGENCY --~0is M. Tif~fiy- Vice President ROW Trn~ ? / TITLE FOR SUBC~CT PRS~4ISES 100'0-107.00-0 6.00-00 6.000 R(BERT H. PRESTON & RCBERT ~3IR TO A. KENNETH MONSILL DAT~D3: 3/20/51 REC'D: 3/23/51 LIBER 3196 CP 225 RObeRT H. PRESTON, A. I{EI~NETH MONSILL & DATED: 4/1/58 RGBERT ~3IR REC'D: 4/7/58 TO LIPER 4446 CP 105 JOHN GUI~HER J~4N g3brfHER & 5D2°J~RA GUNTHER, HIS WIFE DATED: 7/2/62 TO RSI2'D: 7/9/$2 ROSALIE W. LAH~J~N LI~E.R 5193 CP 243 ROSALIE W. LAH~ANN DATED: 7/7/7 6 TO REC'D: 11/1/76 WALTER A. ~N, JR. L.I~;R 813 2 CP 243 WALTER A. LAFM~NN, JR. DATED: 10/5/90 TO R~C'D: 11/7/90 MARY ANN LAKMANN, ~. LISER 11165 CP 584 LAST RE(I)RD Oq~R Riverhea~, New York S~orn to before m3~ thi.s NOTARY PgBLI C I CO3~DN~EALTH LAND TIILE ~ RC~/<T H. (i%FFGA / //O TITLE OF FI fER CHA]/q OF TITLE FOR PR~4ISES ADJACEI/~F NORTH I~CLLgDOD L~NE Riverhead, New Yolk Sw3rn to before me this NOTAR~ I~JBLI C % N~my Fubl~, GIAIO of New ¥~ Ouai~d In Sulfolk Commls,~c~ F_~lr~D3c. 31.~ ~ ,'"; CCS~DNNEALTH LAND TIqLE / TI~E ~R ~IALN OF TISLE FOR PREM/SES AD3ACE~rf EAST 1000-107.00-06.00-007.000 ROBERT H. PRESTON & ROBERT ~J/R TO A. RENNmIH MONSSLL DATED: 3/20/51 REC'D: 3/23/51 LIBER 3]_96 CP 225 ROBERT H. R-iESTON, A. KEI~ETH ~'4DNSSLL & DATED: 5/6/53 R~E~ l~,~I R R~'D: 5/1~53 TO L~R 3513 CP 233 ~< ~SON & Mk~ M. G~SON, HIS ~ ~P~~ RO3ERT H. PRESTO~ A. KENNES~ MONSSLL & DATED: 6/12/59 RO~T ~DIR REC'D: 6/16/59 TO LIBER 4641 CP 447 FRANK GLIEON & MARY M. GLIEON, HIS WIFE FRAS~ GIDSON DISD A RESIDEN1~ OF SIFI~DLK COUNIY 5/10/72 ~f M. GUDSOH DATED: 5/22/78 TO REC'D: 5/2 5/78 PETER C. E~RLEY & CA?HERINE E. E~°,LEY, HIS WIFE LIBER 8433 CP 421 fITtERS AI~ OF l~I~ LAST RSEOND OWNER Riv~rhead, New York Sworn to before me this / CA]~*.IARINE J. KINO ~. ~0 02MMDN~EALTH ~ TITtlE I N ~.~D~Nf . RC~I~T H. G%FFC=A TITLE OFFICER CHAIN OF TIqLE FOR PR-~4ISES ADIACENT SCUI%I 1000-107.00-0 6.00-005.000 R~BERT H. PRESTON & RCBERT ~3IR TO A. KENNETH MONSHLL DATED: 3/20/51 REC'D: 3/23/5 1 LIBER 3/96 CP 225 ROBERT H. PRESTON, A. KENNETH ;VKINSSLL & RfBERT !~JIR TO JOHN GUN~HER & BA~BAP~A GU.~iME~ HIS WIFE Ii~TED: 10/19/57 R~C'D: 1 0/23/57 LISER 4381 CP 293 RfBERT H. PRESTON, A. KE.N~.~%H MO~I~',~-~L & DATm3: 6/12/59 RO',n~T .~4JIR REC'D: 6/16/59 TO LIBER 4641 CP 443 ~OHN GUNI~ER & B%Rti~RA (N3N/X~ER, HIS WIFE JOHN GUIqI~ER & BARBARA GUNTHER, HIS WIFE DATSD: 8/11/61 TO REC'D: 8/21/61 JA~,~S D~.EHANTY & DOROTHEA DELk~hkbIfY, HIS WIFE LIBER 5036 CP 137 ~A~.~S DELEHkNTY DA'r~3: 6/25/70 TO REC'D: 6/30/70 DORCqI{EA DELEF~ff LIBER 6765 CP 88 DOROIHEA DELEHANIY DAThO: 1 0/22/93 TO REC'D: 11/4/93 THCI:,~%S ~2xDRFJACK & CA~{E~E L. AADR~TACI~ HIS WIFE LIBER 1 1650 CP 748 LAST R ~COND Riverhead, New York S~orn to before me this NOTARY FJBLI C CA~'L~R~NE J. K~IG Nal~l~ Pt~ ~ of New Yo~ Iqq C~DN~ALTH LAAD TITLE ,,'7 TI~E OFfeR ~ ~ · a FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TO'~VN CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL . ¢' Date . .~.~- · ................... 19 ~'.~.. . .~.,.~.-..~//..~/. .................. _- .. ,c~.. '~~.~.~..~./~.~ ~o~i~o ~~~..~ ~~..~~~ .............. .~ L°cati°n °f Property ho~-o~ '~~~~ ................. -~~ County Tax Map No. I000 Section .... ~ ~ ..... Bloc~ . .. ~. Lot . ~ .......... Subdivision ................. Filed Map No ................. Lot No .................. i$ returned herewith and disapproved.;on the following grounds J~__~. ~/~.t..~Z~... .~..~...,~../. ~ ~ .-. ~ ~ ~,....~ .~d~d_~ .~~'.. ?~.... .... ,~.~..~..~ ...... .,~,/~'.~.. ....... ........... / ...... ~ ...... '. Rv 1/80 Examined .. ~ .....,19~. Approved ..... . ............ 19... Permit No ............ Disapproved'a/c .' .~.~. ~ · .' ..... :7...: .... · FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 119771 TEL,: 765-1803 (Building Inspector) APPLICATION FOR BUILDING' PERM IT INSTRUCTIONS 'OF n£ .ru ......... 3 sETs OF ?LANE ...... . .... SURVEY ................... ClIECK no?l ~y CALL Date ... '....J.u.n.e...~.3., ..... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public st?eets or areas, and giving a detailed d~scription of layout of property mu{t be drawn on the diagram which is part of this appli- cation. ' . c. ' The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the. Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the pretrdses available for inspect/on throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate' of Occupancy shall have been. granted APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southbld, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit author/zed inspectors on premises and in building for necessary inspections. ~ . . · · ( ~"~of applicant, or name, ffa~rporation) P.O..B. ox. 1181~ Cutchogue, N.Y 11935 (Mailing address of applicant) State whether applicant is owner, lessee, ·agent, architect, engineer, generai ·contractor, electrician, plumber or builder. ag. ant ~o~ pur. chas.e~ · Name of owner of premises iYi0.~. ~..rip_.. Lahm..aye.. ' (as on the tax roll or latest deed) if. applicant is a corporation, signature of duly authorized officer.' ; (Name and title of corporate .officer) Builder's License No .............. Plumber's License No ....... · ........ . .......... Electrician's License No. Other Trade's License No ...................... Location of land on which proposed work will be done ....... : · ..77.5 ...... ~ ............... KP.,o.],~vpp.~ .~.a~..e. ............. Mattituck . ' . House Num her Street Hamlet Cou ty Tax Map No, 1000 Section , ~, ;.. ' ...... ., Block 06 . 06 Subdivision,, ~ ..... . ................... .,. ........ ', Filcd Map No. (Name) .............. Lot ............... State existing use and occupancy of premises and intended use and occupancy of proposed constructioni a Existing Use and occupancy ' vacan~ land b. Intended use 'and occupancy ....... 91a.e..~ fom;gl.S.r.e ~5Al.e.n.q e. ............... . ...... :.. .............. k ( ppi/ ) ' ,~.dditi · 3. Nature of wot check which a cable: New Building .......... on .......... Alteration :..., ..... Repair Removal Demolition · Other Work · .... (Description) t;/A ' 4 Estimated Cost. · Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units, i Number of dwelling units on each floor If garage, number of cars .w,( a, ........ ' ...... ' ......... 6, If business, commercial Or m~.xed occupancy, specify nature and extent of~ach type of use . .n.o.n.e. ....... i , ..... Dimensions et' existing structures if any: Front Non. a Rear Depth · .............. Number of Stories ..................................................... Height . Dimensions of shme structur: with alterations or additions: Front ............ '... Rear ............ Depth .... ~ .... .............. Height ........... · ........ ,.. Number of Stories ....... 8. Dimensions of entire new construction: Front.. .30... ......' ..~,..n'~o- ... ,..30 . . 'I~e';t~l ... 12.9 i ,..... ...... .Height ...; ........... Number of Stories ....................................... : .... ...... 9. Sizeofl0t: Front ., .%2~'...~7. ....... ~.. Rear. 10. Date ofPurchase ~-9/.5.~.~9. ~ . . '. ' 11. Zone or use district in which premises are situated, o ............ , ....... , .~ ~ ' · 12. Does proposed construction ~'iolate any zoning law, ordinar~ce or regulation: . .....' ......................' 13. Will !6t be regraded ....... ; .................... Will excess fill be removed from premises: Yes No 14 Name of Owner of premises Address Phone No . ' Name of Architect ' ; Address Phone No Name of Contractor Address ' Phone No ' 15. I.s this property within 300 feet of a tidal 'wetland? *Yes ........ No ......... · If yes,' Southold Town Trustees Permit may be required. .. ... PLOT DIAGRAM Locate clearly and distinctly all buildings, ~heth~r existing or proposed, and. indicate all set-back dimensions from 'property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. See attached survey STATE OF NEW YORK, COUN'rY OF. $.U.~.F9~. ....... .S.S ........ D. EBORAH .D0~.~ ................ . ......... being duly sworn, depose~ and says that he is the applicant (Name of individual signing contract) above named. k~j~f~th~ .ag.e.n.~. for the purchaser " (Contractor, agent, corporate officer, etc.) ~f said owner or owners, and is duly autl~orized tO perform or have performed the said work and to make and file this ~pplication; that all statements contained ~n this'application are/rue to the best of his kn,owledge and belief; and that the ,york will be performed in the manner set forth in the apPlie.~ti6n filed therewith. ¢wom to before me this .... ~3r.d.i. ' da,, or Jm~e . ............. . .................. 19.9.. ~ota. "~)~'~.~'~'ff 6//~', v~ .... . ...... co~t~ . . ' ,~o. ~m~.' ' ....: : ..... ~.,..,-~.~_ .._~,~,.~..',~-.. Deooran Doty, as a~or Qualified in Suffolk Co~,~ . . rk~gn ure of applic~t) ~:~At;~ B A'P~A ~ U NTH EP--_.. A'T MATTITLIC. K ,, N. Yo Scal,e: 40': I" · : i¥o',", pipe.. KNOLLWOOD TEp__p__A~E AT MATT ITUCK, ~ca|¢: IOO': I" L_ A N F-- August 30, 1960 Mr. Howard Terry Southold Town Building Inspecter Southold, New York Dear Howard: I am enclosing a map showing land of Barbara Gunther on the Muir- Preston development at Mattituck. Do you find and objections on selling the shaded portion? WW: m~v Encl. Very cordially yours, ~TEL. SE]UTHI]LD 5-~660 TOWN OF SDUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE SDUTHOLD, N. Y. August 30, 1960 Will±amWi~am, Esq. Mattituck, New York Dear Mr. Wickham: Reference is made to your letter of August 30, 1960 pertaining to land of Barbara Gunther on the Muir--Preston development atMattituck. I can see no objection to selling the lot as shown on the map as it appears to be a single lot and held in single and separate ownership accord- lng to all records I can find in this office. Very truly yours, Buildin~ Inspector i~T/3b Enciosure llBl~Bl~l~--'bd--$th ~ Oetobe~ .m,nemhd~ud~lnoty MILSII &o LIUfI~MM, JR., ras]~ding stSC)Spring HoLLow Bold, (~lmtezl~rt, Ilar York, 4dm~ l~d Mu or foflmriy of Oudom lO0 feat8 IttmflllllG 1111MCI o! Dmlemty the follovin~ tva o~rmel (3) Iout~ · la·l to th4 __ ~ __.____~. _ ...--...d. ~...b--~ozm~/mry~ no~tor~vr~m~a.~l~f~.~t~v~t~r ,_.rk of I~ttituck Cr**k alo~ maid last nmuttoMd lmad tb~ folto~tn~ t~o co~rses and NI~Xy ~h of the 20 t~t r~ght o~ N~y, he~eXn~to~ M~I ~s 12 minu~e. Eas~ 60 f~ to th~ ~int or place of p~NB PlF~ll I and II. IdALT~t A. LAJEIAJIN, JR. 4 &6 A~.tn~ brnlrd I. Mayer, R-80 t A--C R~O A-C // BOARD OF APPEALS, TOWN OF $OUTHOLD In thc Ma:let or the Petition of Mary Ann Lahmann to the Board of Appeals of the Town nf Sou~hold TO: Mr. & Mrs. Peter C. Earley 107-6-7 Mr. and Mrs. Robert Nagel 107-6-3 YOU ARE HEREBY GIVEN NOTICE: Mr. & Mrs. Thomas Andrejack 107-6-5 NOTICE TO ADJACENT PROPERTY OWNER Walter A. Lahmann 107-6-21 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Sou:hold request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des; cribedas follows: 775 Knollwood Lane, Mattituck, New York SCTM# 1000-107-6-6 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That % such Petition, the undersigned will request the following relief: determination of non-conforming status for substandard lot. Merger analysis and 5. That the provisions of the Sou:hold Town Zoning Code applicable to the relief sought by the under. signed are Art/cie MC(IV Seer-ion 1 ~fl-ga4B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting thc relief specified above will be filed in the Sou:hold Town Clerk's Office at Main Road, Sou:hold, New York and you may then and there examine the same during regular office hours. {5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must 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 the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou:hold and designated for the publication of such notices; that you or your representative have thc right to appear and be heard at such hearing. Da[ed: 8/~/94 Petit ion~rO~ Owners ' Names: Mary Ann Lahmann Pos[ Office Address 865 Kno~lwood Lane Matt±tuck, New Yor~ ll~3Z Tel. No. (516 ) 298~8353 Att'n: Abigail A. Wiekham [Copy of sketch or plan showing proposal to be attached for Convenience purposes.] Mr. and Mrs. Peter C Mr. and ~s. Thomas A Mr. Walter A. Lahman Mr. and Mrs. Robert Hr. and 855 Kr Mattit Postmark c 92 Sro Center ~o~ets, _~5 709 61~ Receipt for Certified Mail NO Insurance Coverage Provided (See Reverse) ~tJ~' and Mrs. Robert Nagel Street and NO 513A Heritage Hills P 0 , Stale and ZIP Code Somers, New York 10589 Postage $ · 29 Return Re~e~'~nt Sho~J~g-- ~ ~ 10589 Hr. a] {att~t STATE OFNEWYORK) COUNTY OF SUFFOLK) SS,: MADELINE S. RAAR .resid}ngat ~QR R~m~ ~nmR. M=~;h,~-tr_ M V 11QR9 , being duly sworn, deposes and says that on the 9th day of August , 1 9 ~ , deponent mailed a true copy of the Notice set forth on the r~ verse side hereof, directed 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 arc the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- riceat ~ttttuck, Re~ ~o:~ .;that said Notices were mailed toeach of said persons by (certified) (registered) m.aib, a~ o~ August [0, [994 as to ~t.~Qd ~ts. Robet~ ~aget s. aas Sworn to before me this /~ ~ / Notary Pubtic ALICE C. MacDONALD ~ Pu~, State of New York No. ~79351 Qualifi~ in Sl~ffolk Coun~ ~ / (This side .does not property owners.) have to be completed on form transmitted to adjoining