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HomeMy WebLinkAbout4313 ADO>/ 71& 4/- &IL 17, APPEALS BOARD MEMBERS vffot-tCOGy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. #4313. APPLICANT: ROY SCHOENHAAR. LOCATION OF PROPERTY: 64300 Main Road, Greenport NY COUNTY TAX MAP DISTRICT 1000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 10, 1995: "Accessory structures required to be in a rear yard." PROVISIONS APPEALED FROM: Article XII, Section 100-122 (ref. Article III, Section 100-33). RELIEF REQUESTED: 12' by 18' existing shed (with plumbing near refrigeration-cooleralso encroaching side yard setback) located as shown on the survey map dated July 9, 1984 prepared by Roderick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet from the westerly property line "as exists." MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/ RESOLUTION ADOPTED: Granted as exists in present location distant 80+ from the Main Road and as scaled 35+- feet from the bulkhead. REASONS/FINDINGS: No alternative location is available due to basin and limited upland area; present location is not unreasonable because it is very close to rear yard where accessory uses are required. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member James Dinizio, Member- - Gerard P. Goehringer, Chairman s opted-5-0: RECEIVED AND FILED BY THE SOU'I 0LB TC)7VvN cai K ERARD P. GOEHRI 'ER, CHAIRMAN, DATE 96 ?-lvUR 30 p Town Cler% i APPEALS BOARD MEMBERS ~$UF Southold Town Hall Gerard P. Goehringer, Chairman yp~~ 53095 Main Road Serge Doyen V r°n x P.O. Box 1179 James Dinizio. Jr. p~ N Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora c~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 19, 1996, commencing at the times specified below: 7:15 p.m. Appl. No. -1389 - TIMOTHY GRAY and JIMBO REALTY. Hearing carryover . 7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing carryover . 7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIII, Section 100-239.4B to locate a deck nddition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to as [,of I on the "Map of Beixedon Estates," Block 7, filed 19,16 with the Suffolk County Clerk. This parcel contains a nonconforming lot area of 21,071 sq. ft. and has a nonconforming setback from the new bulkhead, as 7:37 1). in. Appl. No. 1411 - JONATHAN and MARGARET STERN. Based upon :i -rote 19, 1996 Notice of Disapproval, applicant is requesting a Page 2 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner lot. Setbacks are established in a front yard area on non-waterfront parcels only by the Board of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private road off the north side of the Main Road, and situate along the southerly side of another private right.-of-way, Orient, NY; County Tax Map Parcel 41000-17-2-1.13 (known as Lot 2 and part of 5, Stern's Subdivision Map (10/1/93). 7:40 p.m. Appl. No. 4414 - DONNA IGLESIAS WEXLER. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article IIIA, Section 100-30A.3 for approval of Lots 1 and 2, as proposed, each with insufficient lot width to the new division line and insufficient side yard setbacks from existing dwellings. Each tot is proposed to contain a minimum of 40,000 sq. ft. as required in this R-40 Residential Zone District. Location of Property: 8335 Main Road (Route 25), East Marion, NY; County Parcel ID 41000-31-2-32.1. 7:15 p.m. Appl. No. 4413 - EVA MULLINS_ Based upon the August 13, 1996 Notice of Disapproval issued by the Building Inspector, applicant is roquesting a waiver under Article II, Section 100-26 for a single parcel with n ~ombioed lot area of 31,150+- sf. The basis of the Disapproval is chat this Land area. identified as 1000-77-3-5, 6 S~ 7, was created by deeds prier to 1983, however, some time after 1983 this land has been, and is, in ,,ommou ownership with an adjoining 40,500+- square ft. area identified as 1000- -3-15. Lowtiou of subject Property: East Side of Pine Avenue and Page 3 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 - NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County Parcel ID #1000-107-4-3. 7:55 p.m. Appl. No. -1118 - FLORENCE PAVLAK. Based upon an August 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq, ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July 1, 1983 and April 14, 1985, this lot, identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY. 8:00 p.m. Appl. No. 4418 - RAYMOND REALTY CORP./MICHAEL'S PONTIAC- CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued by the Building Inspector, applicant is proposing to remove the existing (,,-round sign and in lien thereof, is requesting a variance under Article XX, Sections 100-2051)(7) and 100-206-B for the placement of a new 111;110und sign which *,vill ~,:ccoo(t 31 sq. ft. in area, and be, internallw ilhullinowd. L~~cuiiou 4f P)'op('nS: 121,55 Rouse 25 (Main Road). Peconic, NY; ninny T:+-z ll~ip I'-nccl ID -1000-75-1-14. Page 4 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4412 - ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY; County Parcel ID #1000-53-3-13. 8:15 p.m. Appl. No. 4419 - WILLIAM A. HANDS, JR. Based upon a. Notice of Disapproval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver wider Article II, Section 100-26 for this lot consisting of 22,500+- sf. as created by deeds subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot 42 on the Map of Willow Terrace, Section I; CTM #1000-26-2-21. 8:20 p.m. Appl. No. 4420 - LINDA FESSMAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver snider Article IL Section 100-26 concerning this parcel of 26,500+- sf, identified as CT"M =1000-115-6-1, which has been held in common ownership with another lot, CTM #1000-115-6-2. after July 1, 1983. This property is located at the corner of the Main Road (#18400) and Cardinal Drive, Mattituck Estates Filed Map, Lot -,5, at Mattituck, Town of Southold, CTM #1000-115-6-1. 8:25 p.m. Appl. No. 1397 - ALLEN W. OVSIANIK. Hearing vrrvover Page 5 - Legal Notice* • Regular Meeting of September 19, 1996 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed before 3:-15 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski s =onm No. a • TOWN OF SOUTFIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ryry / Date PLEASE TAKE NOTICE that your application dated . 19 for pemiit to ~jfyyJy~.4~ Location of Property y .../OQ.... Hou'se No. . . ",i... fi Street ~ " ' ~ ~ ' ~y am at County Tax Map No. 1000 Section .77 Block 3.......... LoLS..(~.~~~_ Subdivision Filed Van No. . Lot No. . is returned herewith and disapproved on the following grounds dAr~& . vr- Ao07 .9< T -t"e . Bu' d~rf~ nsne~tor RV 1/80 TOWN OF SOU IIIOI-O Sif it vEY lit) ll_UINC, U[PAIIIMFN I fllrCl: TOWNIlnl.l SF.I'TIC r1JRII Sall IIIOLO, Fl. Y. 11(171 -I r f_~ 765 1110 11 o r I I° Y CAA. I . HAIL TO r Alptoved 19_/.. fP/elmll Ho........... . ...l~L(~.~1 . . . . . . . ' . . . . I)i.cnpploved ;I/c . e5`72401 /L11~7 (111111di:tg Inspeclol) nrPt_lcnrwN run nun-olNra rr,rlMrr Unln 9 . [ItsI IMCI IONS it. 'I his appllcrillon Imes( be. complelely (flied in by lypewdler or hl Ink rind sobotllled to 1110 Bolldlltp Inspeclot, will sets of plans, ncoorate plot plan to scale. Fee ncx.olding In schedule. b. Not plnu showing locnnon of to( and of bolldiups on prentl.ses, Ielallonshlp to nd)olning preluises or public slre or alms, nod paving n tlelniled deserlplioo of Inyoul of properly nntsl be drnwn o'n the dlnptnm wldch h Intl of lids npl collon. c. 'I Ile work covmed by Ihls npplienlfon cony not be, commenced before issuance of IIulldiop, Pennll. d. Upon npprovol of Ihls npplicnlion, the Iluilding htsp0ctor will issued n Ihdhlhtp Permit to the ripplicmrt. Such pml shall be kept on the I"e.mises nvnHMde for iuspecltou Ihloughoul the work. e. No bulldhrp sllnll be occupied or used hr whole of 11t pint for any pullos0 whrilever 1111111 n Cerlificnle of Occupnl shrill have been glnnled by the lhdh htg Inspector. APPLICATION IS IFERPHY MAUL to the Iluilding Impnl(ntenl for the Issuance of n htdlding Pelmll Polsumo to huilding Zone Ordinance of the I own of Southold, Suthdic Cotmly, New Yolk, and olhm nplllcnMn I.nws, (hdtntotcos Itegulttfons, for the conslrucilon of WiNdings, mW11 ons or nUmnlimm, or o Ie of or der of Ion, ns heleht describ 'Ilt0 applicant ngrees to comply with rill npplicrible, Inws, ordhuutc.es, bu 111 de, I I to I and repolnllons, told ,until :101Io117ed Inspeclols on prmnises and in b11ilding lot nor ssa os 1 I r t I ,nnl ue of npplicnn , or to or, if a colp rnlion). . Cf Id ICS x\9.2 (Mailing address of nplhcn d) Slnle whelher npplicnnt is ownm, lessee, ,pent, m`c`hf(m'l, engineer, gn"nvnl conlrnchn, elechicktn, phoobnl or built ~(J~\tCcx r~ l S L>~~E'v C~v~cS, C~_~~1CU\ti~ -NN. CJ~s.x'\o C^ . Nnmee of owner of Itemises ! (;Is oheCl x r...~:.~~, _ . II to 1,1051 deed) ll npplicnn( Is a colpornllon, signelule of dory noiholb.ed oflicer. (hlnnte rind title of colpolnle officel) Ilolldel's License No . . . . . Plumbel4 1 Icense Flo. . Flccbicfnn's I.Iccnse Flo. . Other I IntWs I'lCClrse. No. I. Lornltoo of hold on wlttctt lnoposed wolk will be, dune . . I louse Nuntb0r Sllcel Ilamlel Comrly 'I nx A4ap No. 10011 Secliori MCI< . I.ol SubdivIsIoII o~Caz~~e EIS CeS lrl (o ff u~ > - . I ile.tl Map hlo. Lnl . (flrill1) 7. Slade exisling use mod ocmlPnnry of imm~ises:Ind inle,nded use told occolnowy of proposed con.0111cliorr. n. Fuminp rise and occupiumy . b. Inlendcd 1150 roll occopmwy . y 3. Nubile of walk (check whWh uppllcahlc): Now liulldiug Addition Allenv'rloa Repair Itonrovul [Minn""n. Other Work (Descrlpllon) ,I. lsllmalud Cost ......................................Fee (lo be Auld on filing (his upplicalloll) 5. 11 dwelling, number of dwelling unite hhmrber of dwelling nlrils Orr each floor II ganlge, Onmber of can . 6. 11 hoslness, couuuerchil of mixed occupancy, specify uablrt and exlenl of each lype of use 7. Dilllellslons of existing stinchno, if any: front Rear Depth I lclghl Nmnbw Of Slides I) uleuslous o same stnrclura with ullcnllluns or uddillous: Rronl Rear )cplh IWWhl Numhcr of Stories i. Dlulwrsluns of entire new couslnrcllnn: Irronl Rear ~ Depth Itillhl Number of Slorles . 9. Sf<e of iol: Fnml Hour Depth . 10, I ulc of I'mchuse Nunn of 14xnncf Owner . 11. Zone or use Wslricl In which premises are situated . 12. Does proposed conslnlcllon ululate any zoning law, orllhumea or leWdulton: . 13. Will lot he regraded 14111 excess fill he removed Rom premises: Yes No ICI. Ilulnc of Owucr of promises Address Phone No. Nunn; of Archltacl Address Phone No. Hanle ofCoutnuaor ..........................Address ...................Phone No. 5. In [his property wLChLr 7110 feet. of a Cldul weLluud'1 AYey........ No......... kit yea, GouLhold 'Down Tnlul:ees Per'urlL way he required. PLOT DIAGRAM Locale clearly and disltoclly all Iwlldings, whether existing or proposed, and.lndlcule Lill sel-back dlnrenslons from property lines. Clive street and block innuhef or description noconling to dealt, and show slreel llwnes wrd Indicate whellnef lnlerlnr or corner lot. STA*Ii! (31; HEW YORK, S.S ff 1 V~LG~~-~..~ \ ~~J3 being duly sworn, deposes and says 161 he Is We applicant Ronno ill ludlvidwll signing coulrAct, ubovc uuurcd. Inc is Illc !'~~~'v~'IC- . ((.'oulnuaur, auenl, corporate officer, tic.) of said owner or owners, and is duly aulhorized to perfonu or have performed the skid work and to make and file this applll:allon; Ihal all s liolneuls contained In this applicallou are Inge to the best of his knowledge and belief- Lid (hill the work will be pcrfouued In the mumrer set forth in the applWallon Tiled Iherewilh. Swoon to betlxc are this v n of Noluly Pubilc, ?ARY L, . ComllyT 1. SCOTT, JR. UBLIC. State of pP.~G (Sigualurc fupplica"O No. 4725089, Suffolk Co rM Term p..... .4 ~4 i, ..RECEIVED 0 ~ ~ AUG 27 19% APPLICATION FOR WAIVER UNDER SE(; I ION 100-26 C Zk TM Berk SoUbN This review is for lots which have separate deeds recorded prior to 1983 and-undersized. A merger determination has been issnpd by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R-40 _ The size requirement for this zone is: 40,000- square feet per parcel'. County Tax Map Parcel Nos: 1000 77 - 3 -5,-6, 7 & 15. I (we), EVA C. MULLINS , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article If, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (Applicant and Owner) EVA C. MULLINS (Applicant and Owner) Sworn to ore th' d y f g s 1 9 96 rL,AUG'ALIN 1j,1 YOTk No t ar P b l i c poai;hoa ;n Albany county ur dy c"nuuSSIOD EQI,es td A W iver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(" continue on next page). 7hata.wl295 APPLICANT'S REASON N1: That the applicant never realized that these lots had merged, as applicant continued to receive separate tax bills and each of the four lots continued to have a separate tax map lot number. That at all times, the applicant and her parents intended to hold said lots as separate buildable lots and never intended to have them merge. That pursuant to Section 100-26 Waiver of Merger, subparagraph A., the waiver re- quested will not result in a significant increade in the density of the neighborhood, as the lots in the neighborhood are generally significantly smaller than the proposed lots; the waiver would recognize a lot that is consistent with the size of lots in the neighbor- hood, as illustrated by the copy of the tax map filed herewith; the waiver will avoid economic hardship, as the applicant would have a much larger lot than others in the vicinity without-any economic benefit and the applicant and her parents have paid taxes on the lots as if they were separate lots for many years and additonally the applicant desires to sell the current home located on lot 5, while retaining another lot; and the natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environ- mental or flood areas, as can be seen from a physical viewing of the subject premises. APPLICANT'S REASON #2: Lots 5, 6 & 7 are located the subdivision known as Goose Bay Estates, whil Lot 15 is not located within said subdivision. As a result, the applicant never had any idea that said Lot 15 would merge with the other lots located within an approved subdivision. Additionally, said Lot 15 is 40,500 sq. ft. in area and is thus in excess of the requirements in this R-40 zone. If Lots 5, 6 & & are merged, they would have an area of 31,250 sq. ft., which is only slightly smaller than the requirements of said R-40 zone. (PLEASE USE ADDITIONAL SHEETS if needed.) !v n i 3 S TOWN OF SOUTHOLD P1OPERTY RECORD CARD OWNER STREET ` VILLAGE DISTRICT SUB. LOT I? Z~ Mur~ N~ `C_ ~ X1d f Qtlb - E ./E'.. FORME OWNER N E ACREAGE 1 -77 S W TYPE OF BUILDING fi~ix k (`~Ic=~avld RES. SEAS. VL. FARM COMM. IND. I CB. I MISC. I Est Mkt. Value i LAND IMP. TOTAL DATE REMARKS 5 v 5"/ o p S q-p- !Loll 9/=R x ~1C vice ~~ea}I;Ler1=11 7X41 k" VC _n~ , r a 5 i - c_~ ~ , ~ 5 cx> _ L O L) ~ _ _ ~~?-9 i~15~Q? : ~2y y~L~_L_l__fg__ Ma~L2 c,L~_v~J >~?1L~' ~11c S , e ea AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Q 2 JJ o o s a Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland - - House Plot i Total _ .-..~re.~....~ y t I-F t r1 • I I f~ ~ I I I _a1 A~ / /G M. Bldg G X y _ G-7~ U ~p& Foundation L Bath Extension Basement Floors Ext. Walls S Interior Finish Extension Y / ? 5 III 3,5 0_ Extension Fire Place I Heat 'T- b X b Q Porch Roof Type 6 c711L J Porch Rooms 1st Floor Breezeway Itt Patio Rooms 2nd Floor / g X 2 2 = 3 Q e ya, Driveway Dormer Garage I - i O. B. - - - - - - 1 - -I----- - - TOWN OF SOUTHID AOPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT j c~ NI M n (3 FOWER OWNER N E ACREAGE v> M (-i- L(1 l(J S W TYPE OF BUILDING RES SEAS. VL FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS /c.S12` _)1 w dI `Ib r.J/MII(MI(Gvid fF" c~ q C(q ~ L Y V .J D „i or AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD ' r L-v ~j o yo n l illable 1 BULKHEAD lilloble 2 DOCK - Tillable 3 Woodland - Swomplnnd Brushland House Plot _ l7 TOWN OF SOUTHOLD POPERTY RECORD CARD OWNER STREET - - ~ VILLAGE - DISTRICT SUB. LOT J Nlorl! 1 'I( JJQ_c~VV1_ )t~ fJ _l._ c_- Q_ ti FORMER OWN R - - - ~~1.< t_--- N E ~ ACREAGE HIV 111L > ?id- I? S W TYPE OF BUILDING ES. SEAS. VL Jz FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS - i 6" ~ul_ll ~o Mci r ~ _iul M_L_!)av cJ- -v~ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD x 2. Z) - - it a le 1 BULKHEAD illable 2 DOCK - l i table 3 Woodland Swampland - Brud dand -_..I.. - I TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET .1 VILLAGE DIST.1 SUB LOT FORMER OWNER N ' E- ACR. S W J TYPE OF BUILDING RES SEAS. VL.FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS I19 OC> 1 rl /w / 5~1 P / X / 1 79111) l - )ji41 I.z_..~av AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE - - FARPJ~ ~ Aue Value- -Per Value Acre Till~6le FRONTAGE ON WATER WoodIni„I FRONTAGE ON ROAD 7 ' Sd DEPTH a Hoo., Plnr BULKHEAD Tot„! DOCK N/)n fE4 ,41 n ° : IlN v ~J ti~ PA } 1 ~ O U ' V' r' ~kNEW'Ib-_ _ Ui Al W l ? I`ll \ y -7 0 ,t:~ 5 X o2 rZ I , ;.I C-,~ .31 1 1 Tt BUFFO "J PLANNING BOARD MEMBERS Town Hall, 53095 Main Road RICHA RDrnian WARD P.O. Box 1179 Chai GEORGE RITCHIE LATHAM, JR. H = Southold, New York 11971 BENNETT ORLOWSKI, JR. p T Fax (516) 765-3136 WILLIAM J. CREMERS y-;Telephone (516) 765-1938 KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 24, 1996 DEC 2 61996 J. Kevin McLaughlin, Esq. P.0. Box 1210 Southold, NY 11971 Re: Proposed lot line change for Eva Mullins and Mary M. McDavid SCTM# 1000-77-3-5, 6, 7 & 15 Dear Mr. McLaughlin: The following took place at a meeting of the Southold Town Planning Board on Monday, December 23, 1996: The final public hearing, which was held at 7:40 p.m., was closed. The following resolution was adopted: WHEREAS, Eva Mullins and Mary M. McDavid are the owners of the property known and designated as SCTM# 1000-77-3-5, 6, 7 & 15, located on Pine Avenue and a private r-o-w in Southold; and WHEREAS, this proposed lot line change is to divide two lots which are 31,250 sq. ft. in area and 40,500 sq. ft. in area, east and west instead of north and south, resulting in 2 lots, 24,750 sq. ft. in area and 47,000 sq. ft, in area; and WHEREAS, a Waiver of Merger was granted by the Zoning Board of Appeals on September 19, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 23, 1996; and Page 2 Lot line change for Mullins/MCDavid December 24, 1996 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated November 30, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. The condition must be met within six (6) months of the date of this resolution: 1. The filing of new deeds pertaining to the revised lot lines. A copy of the recorded deed must be presented to the Planning Board prior to endorsement of the final survey. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Zoning Board of Appeals r APPEALS BOARD MEMBERS $UFFO~~ Opp Gy q Southold Town Hall Gerard P. Goehringer, Chairman c 1 53095 Main Road Serge Doyen rn x P.O. Box 1179 James Dinizio, Jr. O ~c Southold, New York 11971 Robert A. Villa y~j~l ~ap~ Fax (516) 765-1823 Lydia A. Tortora # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 30, 1996 J- Kevin McLaughlin, Esq_ Windsway Professional Center 44020C Route 48 P.O_ Box 1210 Southold, NY 11971 Re: Appl. #4413 - Waiver Request (E. Mullins) Dear Mr. McLaughlin: Please find attached a copy of the Board's findings and determination regarding the above application. We have furnished a copy of this determination to the Building Department as an update to the initial Notice of Disapproval. It may be necessary to contact their office (765-1802) and submit whatever other documents and fee is required to reactivate the permit application for final processing. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department APPEALS BOARD MEMBERS ~OgUFFO(~ c ~O OG Southold Town Hall Gerard P. Goehringer, Chairman o y~ 53095 Main Road Serge Doyen W x P.O. Box 1179 James Dinizio, Jr. p .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 11113 ACTION OF THE BOARD OF APPEALS Sept. 19, 1996 A1'1'1,ICANT: EVA MULLINS & ano. LOCATION OF PROPERTY: 380 Pine Avenue, Southold. 1000-77-3-5,6,7 (as one). DATE OP' DISAPPROVAL FROM BUILDING INSPECTOR: August 13, 1996-Article II, Sections 100-25, 100-26 BASIS OF MERGER: This lot contains 31,250+- sq. ft. created under dates of 6/23/1949 (Goose Bay Estates Lots 30-33), of 5/27/47 notarized 6/13/49 (Goose Bay Lots 34-37), of 9/7/1946 (Goos(, Bay Lot 38 and one-half of lot 42). The adjoining lot (1000-77-3-15) is not shown on the Map of Goose Bay Estates as a lot, however, it was created by deed 11/2/1949 and is still conforming with lodoy's minimum lot area of 40,000 sq. ft.. The merger provision in the zoning code as written does not provide for an exception to the law when a noncon- forming lot is held in common ownership with an adjoining lot as of May 1983. REASONS FOR GRANT OF WAIVER (ref: ZBA hearing and file record): 1. Original outside perimeter of combined area was created before 1957 and consists of more than two-thirds of this R-40 zoning requirement. 2. The Town issued separate tax bills for since, and before, 1949, which is prior to the enactment of (11/23/1971) of one-acre zoning. 3. Zoning adopted by Town between the period from 4/23/57 to 11/12/71 permitted lot sizes of 12,500 sq. ft. or larger, and prior to 1957, any size was permitted provided all other agency permits were obtained as deemed appropriate at that time. The lot merger rule was not applied in the Town of Southold until about 1983 (when NYS Court Zoning Rulings and other pre- cedents of New York Law applied to the Southold Town Zoning Code). 5. In 1976 - County established County Parcel numbers from separate deeds - which in turn is shown on the Suffolk County Tax Maps as established prior to 1981. 6. The subject parcel is more particularly described on the survey map prepared by Roderick VanTuyl, P.C. dated July 24, 1996. 7. This neighborhood consists of lots similar in size and character. 8. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting any environmental or flood areas. 9. The grant of this waiver will avoid economic hardship to the owner. 10. This property is shown on the Map of Goose Bay Estates. MOTION MADF BY: L. Tortora SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: Waiver granted for_this 31,250 sq. ft. lot with one the follow ing_two options to be finalized: OP'T'ION #1: Accessory garage shall be relocated and shall not overlap the outside boundary of this entire 31,250 sq. fl. lot, or OPTION #2: Applicant/owner shall obtain a lot-fine change approval from the Southold- Town Planning Board, as discussed and agreed by the applicant's attorney_ at the ZBA 9/19/96 hearing. VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio Jr., G. Goehringer, It. Villa, L. Tortora. This resolution was duly adopted. JAMES G. BREWER REALTY f C ti~ 50300 MAIN ROAD/P.O. BOX 166 SOUTHOLD, NEW YORK 111971 (516) 765 - 5333 TO WHOM IT MAY CONCERN; IT IS OF MY OPINION THAT THE PROPERTY KNOWN AS MRS. EVA MULLINS SCTM# 1000-77-3-5,6,7,&15 THAT AS A SINGLE PARCEL IT HAS A VALUE OF $200,000.00 AND AS TWO SEPARATE PARCELS THE VACANT LAND IS WORTH $100,000.00 EACH WITH A VALUE TO 'THE IMPROVEMENTS BEING CONSTANT AT $70,000.00. RELY ' 1 S lgtg AMES G. BREWER / BROKER C L~ L` ATTORNEY AT LAW '`l WINDSWAY PROFESSIONAL CENTERi a kl 44020C ROUTE 48 - P.O. BOX 1210 L~ SOUTHOLD, NEW YORK 11971 1 r TEL (516) 765-6085 SCP " 4" FAX. (516) 765-1856 i d L2 September 3, 1996 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Waiver Application of Eva C. Mullins SCTM Nos. 1000-77-3-5, 6, 7 & 15 Gentlemen: The purpose of this letter is to clarify the nature of the application herein. A waiver of merger is being requested as to combined lot (5, 6 & 7), as a separate lot from lot 15. The result of such a waiver would be the recognition of two lots: combined lot (5, 6 & 7) containing 31,250 square feet (250' x 1251) and lot 15 containing 40,500 square feet (270' x 1501). Should you have any further questions, please feel free to contact me. Ver u y ur J R McL u 1 n ~L9@ROWN ATTORNEY AT LAW ' WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 i SOUTHOLD, NEW YORK 11971 TEL. (516) 765-6085 PAX. (516) 765-1856 August 28, 1996 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 1:1971 Re: Waiver Application of Eva C. Mullins SCTM Nos. 1000-77-3-5, 6, 7 & 15 Gentlemen: Upon futher review of Section 100-25 of the Southold Town Code, I believe that the Notice of Disapproval dated August 13, 1996, issued by Thomas J. Fisher, Building Inspector, is in error and fails to take into consideration Section 100-25 C., a copy of which is enclosed herewith. Pursuant to Section 100-25 C., entitled Exceptions, it is our position that Lot 15 has not merged with lots 5, 6 and 7. As can be determined from the surveys submitted as part of this application, said Lot 15 measures 270 feet by 150 feet, resulting in a total of 40,500 square feet. Section 100-25 C. states in relevant part, as follows: Lots which are recognized under Section 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or Clearly, Lot 15 is in excess of 40,000 square feet and is, therefore, exempt from the application of the merger provisions of the Town Code, provided said lot is recognized under Section 100-24. That Section states, in relevant part, as follows: A. A lot created by deed or town approval shall be recognized by the town if any one 1 of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bu1K Schedule AA as of the date of lot creation. Lot 15 was deeded to the applicant's father, Rix R. McDavid, by deed from Herbert Rosenberg dated November 2, 1949 and recorded in the Suffolk County Clerk's Office on February 17, 1950, in Liber 3047 at Page 261(a copy of which was submitted as part of this application). At that time, said lot measured 350 feet by 150 feet. A portion of said lot was then sold to Joseph and Ella Dembrowski by deed dated March 18, 1950, and recorded in the Suffolk County Clerk's Office on July 28, 1950, in Liber 3102 at Page 587 (a copy of said deed is enclosed herewith). The lot so transferred to the Dembrowskis measured 80 feet by 150 feet, leaving the subject lot measuring 270 feet by 150 feet. As zoning did not come into effect in Southold Town until April 9, 1957, there was no minimum lot requirements as of the date of said lot being created. Based upon the foregoing, it is the applicant's position that Lot 15 (SCTM #1000-77-3-15) has not merged with Lots 5, 6 or 7 and is, in fact, a separate and distinct lot expressly recognized as such by the Southold Town Code. As a result, it is the application of Eva C. Mullins that the Southold Town Board of Appeals issue a decision rejecting the interpretation contained in the Notice of Disapproval and recognizing said Lot 15 as a single and separate lot. Ver AhM ;ug J, Pin Encs. § 100-24 SOUTHOLD CODE § 100-25 B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of § 100-25. § 100-25. Merger. (Added 11-28-1995 by L-L. No. 23-19951 A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12,4 the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or 4 Editor's Note: Former § 100-t2, Exceptions, was deleted by L.I. No. 23-IM effective January 1, 1996. 10038 12-25-95 § 100-23 ZONING § 100-24 to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-19891 F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereo£2 § 100-24. Lot creation. [Added 11-28-1995 by L.L. No. 23-19951 A. A lot created by deed or town approval shall be recognized by the town if any one (1) of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA' as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. 2 Editors Note: See also Ch. 37, Boats, Docks and Wharves, and Ch. 97, Wetlands. ' Editor's Note: Balk Schedule AA is located a the end of this chapter. 10037 12 - 25 - 95 i, a ~ r J9 .:~^~~~14tls' :Z ar ° ~ Q ~ ~ •~~13 ~ it ~ ~ Jt R V + ~ t;i.~~ a~~ ~~eE7yi,3^~Y~~~i~i~JS e~j } Vie;. a °3 a ~s ~ ~ z i ~ tr 1ly~~Y~~2g Ilk 1 ~ y y at::31~ ~ •;s.s•S~. S j 3~~1~ ~y1~3Y°Y7f~8Y'.~t~t~~•~r.. 58` wi°i+•~ r vow °.Tr•sA•e~t h 0 9 ~ t 1 O fig 5 (i ~c a x r 8o;~4!4 is - ~ rtt~ i~~~ tt~ • ~ ~ t ~ P °i a •E~~ d! E;Jill ~ 1111 :lt ! tR ,e t #,t", . 1;11 1 fit 4k 1 tF y 4 z 41 Fir t E r~ C r TO h M tt MI,~: rain ,V, Io 4, 77, 69 7 - ,ors=.,: 701 a,. r . 7 Winn PZ r1 - 0 ~ U A S CIS ~ C~ f i Io 4 nl ~1 ~ r' ~ rn ~ ~ _ ° f II ~ U~ ropf. 40 i I 7NW~ ~ `Q tk rlt~6 O I,~ 1 ~ 0 r~ v¢ i 11 alto 1~~ Ny,.oO ' `~S~p IANp.gGg ~.wry ~ -.C, 41. LtW4 t. * a ~0 NEW q~N w ,.1- r7S --37 u' - ~ zz 3' \ yy,, s y t i r V1 146 O. km > v, , 0 ~o Zo Z5 0 - ~trriri~.vY W LEF?i9N00!-N.FCr, ~.ot •c f~4' /~/~R ? MI ~Ji4?/O - ~ /i5'/?O ?fu.E vE'XXC k, t; ~xry~xd N Y OT VaM E•P_E'EFFKja N~.9P n ,~,::rr Co, T,rX .N.ev Nns, /am -,0 77-03 rr r~~is Tf, BOARD OF APPEALS TOWN OFSOUTHOLD ~J Parcel ID#1000-I A3. 100-239.46, variances for re- NOTICE OF HEARINGS 1 17-2-1.13 (known as Lot 2 and 7:55 p.m. Appl. #4418- duced setbacks in the front yard, part of 5. Stem's Subdivision y FLORENCE PAVLAK. northerly side yard, total of both GIVEN, pursuant HEREBY Map (10/ 1/93). Based upon an August 27, 1996 sides, and setback from bulkhead of the Town Law w and d the C the Code ode 7:40 p.m. Appl. #4414 Notice of Disapproval issued by for proposed new dwelling, and of the T DONNA IGLESIAS the Building Inspector. applicant (b) a waiver under Article 11, of the Town of Southold, the WEXLER Based upon an Au- is requesting a Waiver under Section 100-26 for this lot con- following applications will be gust 21, 1996 Notice of Disap- Article 11, Section 100-26 for a sisting of22,500+-sf as created held for public hearings before, proval issued by the Building Parcel containing a tots} lot area by deeds subdivision and 19 the D SOUTHOLD OF APPE E TOWN Inspector, applicant is requesting of 25,000+- sq. ft. The basis of i dtRlrl. Location of property: 960 BOARD OF APPEALS, ALS, at the variances under the Bulk Area the Disapproval is although this Willow Terrace Lane, Orient, Southold Town -Hall, 530951 Schedule, Article IIIA, Section lot was approved by subdivision NY, also known as Lot #2 on the Main Road, Southold, New York 100-30A.3 for approval of Lots of the Town Planning Board I Map of Willow Terrace, Section 1197 1, on THURSDAY, SEP- 1 and 2, as proposed, each with March 11, 1970, that, between 1; CTM #1000-26-2-21. TEMBER 19, 1996, comment- insufficient lot width to the new July 1, 1983 and April 14, 1985, 8:20 p.m. Appl. No. 4420- ingatthetimes speciftedbelow: . division line and insufficient side this lot, identified as 1000-107- LINDA FESSMAN as 7:15 p.m. Appl. #4389 - yard setbacks from existing 1-5.2 was held in common own- TRUSTEE. Based upon a No- TIMOTHY GRAY and dwellings.. Each lot is proposed ership with an adjoining lot, tice of Disapproval issued by the JIMBO REALTY. Hearing to contain a minimum of 40,000 - identified as 1000-107-1-5.1. Building Inspector August 28, canryover. sq. ft. as required in this R-40 Street Address: 3755 Grand 1996, applicant is requesting a 7:20 p.m. Appl. No. 4407- Residential Zone district. Loca- Avenue, Mattituck, NY. Waiver under Article 11, Section HUGH and ROSEMARY tion of Property: 8335 Main 8:00 p.m. Appl. #4418- 100-26 concerning this parcel of MURPHY. Hearing carryover. Road (Route 25), East Marion, RAYMOND REALTY CORP./ 7:30 p.m. Appl No. 4402- NY; County Parcel ID #10000- MICHAEL'S PONTIAC- 26,500+- sf, identified as CTM BARBARA KELLY. Hearing' 31-2-32.1. CADILLAC OLDS. Based #1000-115-6-1, which has been carryover. 7:45 p.m. AppL#4413- EVA upon the June 16, 1996 Notice held in common mmon ownership with 7:33 p.m. Appl. No. 4415 MULLINS. Based upon the of Disapproval issued by the another lot, CTM#1000-115-6- THOMAS BALL. Based upon August 13, 1996 Notice of Dis- an August 21, 1996 Notice of approval issued by the Building Building Inspector, applicant is eafter July 1, 1 This prop- Disapproval issued by the Build- proposing to remove the exist- ing the Inspector,. applicant is re- Inspector, applicant is requesting ing ground sign and in lieu the Main Road (#18400) and questing a variance under Article a waiver under Article IL Sec- thereof, is requesting. a variance Cardinal Drive, Mattituck Es- XXIII, Section 100-239.46 to tion 100-26 for a single parcel i under Article XX. Sections 100- tates Filed Map, Lot #5, at locate a deck addition within 75 with a combined lot area of j 205D(7) and 100-206-B for the Mattituck, Town of Southold. feet of bulkhead, at 1890 (w/s) 311250+- sf. The basis of the placement ofa new ground sign CTM #1000-115-6-1. Arshamomaque Avenue. Disapproval is that this land area, which will exceed 24 sq. ft. in 8:25 p.m. Appl. No. 4397- identiftedas1000-77-3-5,6&7, area. and be internally illumi- ALLEN W. OVSIANIK. Southold. NY: County Parcel ID Hearing carryover. No. 1000-66-2-46, also referred was created by deeds prior to nated. Location of Property: The Board er. Appeals will to as Lot. 4 on the "Map of 1983, however, some time after 42155 Route 25 (Main Road), BeixedonEstates;"Block 7, filed 1983 this land has been, and is, Peconic, NY; County Tax Map at said time and place hear any and in common ownership with an Parcel ID #1000-75-1-14. r representatives 1946 with the Suffolk County adjoining 40,500+- square ft. 8:10 p.m. Appl. No. 4412- desiring ng to to be be heard d in n the the above e Clerk. This parcel contains a applications. Written comments nonconforming lot area of area identified as 1000-77-3-I5. ROBERT HOLLEY. Based g Location of Subject Property: 24, 1996 Notice of may also be submitted poor to 21,071 sq. FL and hasanoncon- J anupon a July the conclusion of the subject East side of Pine Avenue e and Disapproval issued by the Build- forming setback from. the-.new j westerly side of private right-of- ing Inspector, applicant is re- hearing. bThe efore he timesdesig- bulkhead, as exists. way at Goose Bay Estates, not start before the times desig 7:37 p.m. AppL No. 4411- y y questing a variance under Article nated, and some may be JONATHAN and MARGA- Southold, NY; Zone District: R- ILIA, Section t00-30A.3 (100- RET STERN. Based upon a 40 Residential. 244B) to locate-proposed addi- carryover hearings. The tile(s) may be reviewed before 3:45 UT No. 4416- ess with a front usetback at m. The scheduled date of the June 19, 1996 Notice of Disap- 7:50 p.m. Appl. NANCY E E. . BUTKUS. Based Based less than the e required 40 40 feet, at I P' proval, applicant is requesting a upon an August 28, 1996 Notice 1085 Bay Shore Road, Peconic hearing for updates or new in- variance under Article III, Sec- i of Disapproval issued by the Bav Estates, Greenport, NY: fonnation.lfyouhave questions. tion 100-33 to locate an acres- Building Inspector, applicant is please also do not hesitate to call sort' swimming pool with fence g County Parcel ID #1000-53-3 requesting a variance under Ar- 13. -,65-1809. enclosure, all located the front title 11, Section t00-33 to locate 8:15 p.m. Appl. No. 4419 Dated: September 9. ! yard area on this comer lot. Set- BY ORDER OF THE backs are established in a front an accessory swimming pool WILLIAM A. HANDS, JR. yard area on non-waterfront par- with fence enclosure in an area Based upon a Notice of Disap- STHOLDTOWN than the required rear yard proval issued by the Building BOARD OF APPEALS q eels only by the Board of Ap- other at 3855 Mill Lane near Wolf Pit Inspector datedAugust29. 1996, GERARD P. I peals. if allowed by variance. GOFiHRINGER. Chairman Location of Property: Situate Lake, Mattituck, NY: County applicant is requesting: (a) on- By Linda Kowalski along Birds Eye road a private der Article XXIV, Section 100- IX-9:;'.961 891 '-44B, and Article XXIII. Section road off the north side of the Main Road, and situate along the southerly side of anotherprivate ' right-of-way, Orient, NY: Counrv Tax Map Parcel #10000- COUNTY OF SUFFOLK STATE OF NEbV YORK ss: Patricia C. Lollot, being duly s~v orn, savs that >I w is the Production Coordinator, of the TRAV- Ll FR WATCHNI \IN, a public newspaper printed .u Southold, in Suffolk County; and that the no- ti( of which the annexed is a printed copy, hau been published in said Traveler Watchman once each week for ............._..~....._............weeks ,u,_cessiveiv, commencing on the /1:7~ . rl,.v o ................................19..1~G S„orn to before m this....... day of 19.5 _ ...............G Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Counjy Commission Ezlures 8/311 4 40 APPEALS BOARD MEMBERS g~FFO(,~ ? ~O~ CMG Southold Town Hall Gerard P. Goehringer, Chairman o a53095 Main Road Serge Doyen ua 2 P.O. Box 1179 James Dinizio, Jr. lp • Southold, New York 11971 Robert A. Villa Fax (516) 760-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 6, 1996 J. Kevin McLaughlin, Esq. 44020C Route 48 P.O. Box 1210 Southold, NY 11971 Re: Appl. No_ 4413 - Eva C. Mullins (Waiver for 31,250+- sf area) Dear Mr. McLaughlin: Please find enclosed a copy of the Agenda with the time of the above application. (If possible, a current owner or family member should attend the public hearing with you at the time specified, if possible, to answer possible questions which may come up at the hearing.) Also enclosed is a Poster which must be placed at this time either on a stake or other post, set back not more than 10 feet from the front property line facing the street, where it can be easily seen by passersby, every day for at least seven full days. The poster may not be placed on a telephone pole if the pole is not on the applicant's property. Board Members will individually visit the area and view the property yards and existing buildings and structures prior to the time of the hearing. Board Members are not required to make an appointment or discuss your application - until the time of the public hearing. Once the poster has remain in place for seven full days, please complete the attached Affidavit of Posting and return it to our office either by mail or hand delivery before the hearing is finalized. Thank you. Very truly yours, Linda Kowalski Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of EVA MULLINS CONFIRMATION OF POSTING 1,J. Kevin McLaughlin residing at 680 [Old Orchard Lane, East Marion, NY 11939 being duly sworn, depose and say: That on the 6th day of September , 1996 , I personally posted the property known as " 700 Pine Avenue, Southold , NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway` entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held September 1,9,1996.) Dated: September 16 1996 (si ) J. Ke in Mc u n Sworn o before -n~ ttl S a ept"ber , 1 6 DDN. D M. McGAYhEY _ -L ~ juic, state c' ! York TARYABLIC No~EXP2093, I.- sutto!kcu.'~,qi NO Term EaDires Sept. 22, 19.74^ *or within 10 feet of your front property 14ne(on your oroperty facing the road or right-of-way). Wt (JObETSIZC46 L07~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWN ER(S) OF RECORD: KLkLLi Y1 S a~ e 1v i a o EVA DATE OF PUBLIC HEARING: Thurs. 5ep+, 19 )9n) P If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 Com BlIVE ber=1X71 3 tercels i4s m APPEALS BOARD MEMBERS ~o~~gUFFO(,f co Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen CID Z P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa '1~ p! Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 19, 1996 S.E. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4413 Project/ Applicants: Eva Mullins County Tax Map No. 1000-77-3-5, 6 & 7 Location of Project: Pine Avenue, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Waiver under Article II, Sectiom 100-26 Lots 77-3-5, 6, & 7 (Under one lot) 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) Farm has been submitted; however, Section '017.13 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 {speci--fically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQFA 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 (:16) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copv placed 4 n ZBA project file for record purposes. ,o~~gpFFO(~-~, JUDITH T. TERRY '~A Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • 4!5k i( Fax (516) 765-1823 MARRIAGE OFFICER G 4 N- RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4413 DATE: AUGUST 27, 1996 Transmitted is an application for a waiver submitted by EVA D. MULLINS together Notice to Adjacent Property Owners; Zoning Board of Appeals Questionnaire, Notice of Disapproval from the Building Department, survey, and other relevant documents. Judith T. Terry Southold Town Clerk ATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 14020C ROUTE 411 - P.O. BOX 1210 1 SOUTHOLD, NEW YORK 11971 TEL. (6) 76360A5 FAX. (516) 765-1856 August 26, 1996 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Waiver Application of Eva C. Mullins SCTM Nos. 1000-77-3-5, 6, 7 & S Gentlemen: I have enclosed the Notice of Disapproval; Waiver Application; Notice to Adjacent Property Owners with proof of service by certified mail; ZBA Questionnaire; original and six prints of a current survey; and a copy of a former survey; copies of supporting documentation; and my check in the sum of $150.00 payable to the Southold Town Clerk for the filing fee herein. Please schedule this application for your September 19, 1996, hearing. If you have any questions, or wish any further information, please feel free to contact me. Very- y y r K a li Encs. Hand Delivered RECEIVED • WZ~Z7Z/3 77/ AUG 2 7 19% APPLICATION FOR WAIVER UNDER SECTION 100-26 Two Qer.k Southold This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R-40 The size requirement for this zone is: 4(1000 square feet per parcel'. County Tax Map Parcel Nos: 1000 77 - 3 -5, 6, 7 & 15 I (we), EVA C. MULLINS , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. 1 understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. C~, G (Applicant and Owner) EVA C. MULLINS (Applicant and owner) Sworn to ore th' d y f s 1 9 96 . 'A ;aUG';LIN ;lee: '!or No t a r P b l i c ~ua~iiiza in \~b~ny ; runty .1y Comnusslon c: Pies ;r7 fiver is hereby approved denied (delete appropriate action) based upon the above documentation. issued by Reasons for application( to continue an next page). zbata.w1295 APPLICANT'S REASON (1: That the applicant never realized that these lots had merged, as applicant continued to receive separate taut bills and each of the four lots continued to have a separate tax map lot number. That at all times, the applicant and her parents intended to hold said lots as separate buildable lots and never intended to have them merge. That pursuant to Section 100-26 Waiver of Merger, subparagraph A., the waiver re- quested will not result in a significant increade in the density of the neighborhood, as the lots in the neighborhood are generally significantly smaller than the proposed lots; the waiver would recognize a lot that is consistent with the size of lots in the neighbor- hood, as illustrated by the copy of the tax map filed herewith; the waiver will avoid economic hardship, as.the applicant would have a much larger lot than others in the vicinity without any economic benefit and the applicant-and her parents have paid taxes on the lots as if they were separate lots for many years and additonally the applicant desires to sell the current home located on lot 5, while retaining another lot; and the natural details and character of. the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environ- mental or flood areas, as can be seen from a physical viewing of the subject premises. APPLICANT'S REASON S2: Lots 5, 6 & 7 are located the subdivision ]mown as Goose Bay Estates, whil Lot 15 is not located within said subdivision. As a result, the applicant never had any idea that said Lot 15 would merge with the other lots located within an approved subdivision. Additionally, said Lot 15 is 40,500 sq. ft. in area and is thus in excess of the requirements in this R-40 zone. If Lots 5, 6 & & are merged, they would have an area of 31,250 sq. ft., which is only slightly smaller than the requirements of said R-40 zone. (PLEASE USE ADDITIONAL SHEETS if needed.) f TOWN of SOU'HOLD OFFICE OF BUILDING ,NSPECTOR Town Hall Receipt NO. 51781 Southold, New York 11971 Date Received of .:.....1.! .N . . I~ pe W...eC71) ~Fd..../100 Dollars For U^Q Fee for Fee for Fee for Fee for Certificate ? Yard Sale ? ? ? H.I.C. ? Building Permit ? of Occupancy Misc. ? Cash" Checker-51P f 1s,..0.'f) Building Department i BOARD OF APPEALS TOWN OF SOUTIIOLD _ In tine Matter or the Petition of EvA C. MULLINS NOTICE r - rv to the Board of Apyeah of the Town of Soutbold _ TO: MARILYN SCHMITT DONNA F. ST. PIERRE PROPERTY ofolrP TERRY C. & SUSAN NAGY ALICE C. HUSSIE SOPHIA A. GREENFIEDL & DOLORES S. KAMI14SKI ROBERT & JOYCE WESTERBEKE ANDREW B. JORDAN RICHARD WILLOTT HELEN LUTKOWSKI JOHN J. FLYNN YOU ARE HEREBY GIVEN 1401 ICE: 1. That it is the intention of the undersigned to pelilion II )nand of Appeals of tire I mvn of 5oulhuld to requesl a (Variance) (Special Exception) (Special Permit) Of.her [Circle choicel Al.plication for Waiver under Section 100-26_ This aLplication is_for a.waiyer-of merger of contiguous lots. 2. That the property which is the subject of the Petition is located adjacent to your properly and is de, cribed as follows: Suffolk County Ta_7K.MakNos. 10(X1-77-'t~.F.7 > i5 __o.nop-l _kmuln-as--- 700 Pine Avenue, Southold, NY. 3. That the property which is the subject of such Petition is located in the following ronirp, disuirc R-40 District - -1 111.11 bl such Petition, the undersigned will request the following relief: waiver of meraer_QP__. the four (4) lots shown on the Suffolk County Tax Map as Lots 5, 6.-7-& 159______ - 5. Thal the provisions of the Southold Town Zoning Code applicable to Ilre relief sought by tloe under signed are Article, II Sect-ion_ 100-26 _ 6. lhal within five days front the date hereof, a written 1'etitlon requesting the relief specified above will be filer) in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and (here examine the sane during regular office hours. (516) 7415-1009. - 7. Thal before the relief sought may be granted, a public hearing roust be held on the matter by the Board of Appeals; Iloal a notice of such hearing olus( be published if Ieast live days prlur to the dale of suclo treating in the Long Island Tr aveler-Matfit tick Watchman, newspapers poblisloed ho the Town of Southold and designated for the publication of suclo orifices; lhat you or your representative have the riglu to appear and be heard at such hearing. Dated: August d3, 1996 Petitioner Owners' Names:_ EVA C. MUL_LINS& MARY M. Post Office Address MCDAVID c/o J. KeVln McLaughlin 4407QC. Mirldle-Rd P.O. Box 1210_• Southold. NY ]1911 Tel. No. ( 516) 765-6085 [Copy of sketch or plan showing proposal to be attached for coovetilence purposes.] • f_-MALLG O O-fjCE AT'CACII CERTIFIED MAIL RECEIPTS NAM L 4 Au tESS MARILYN SCHMITT 20 Nursery Rd., Melville, NY 11747 DONNA F. ST. PIERRE 4 Silver Avenue, Huntinton Station, NY 11746 TERRY C. & SUSAN NAGY PO Box 1354 Goose Creek Lane, Southold, NY 11971 ALICE J. HUSSIE PO Box 1491, Southold, NY 11971 SOPHIE A. GREENFIELD & DOIORES S. KAMINSKI 1375 Goose Creek Lane, Southold, NY 11971 ROBERT & JOYCE WESTERBEKE N. Bayview Rd., Southold, NY 11971 ANDREW B. JORDAN 9 Linda :Lane, East Moriches, NY 11940 RICHARD WILLOTT PO Box 1262, Southold, NY 11971 HELEN LUTKOWSKI 54-28 66th St., Maspeth, NY 11378 JOHN J. FLYNN 6 Carol Court, Hicksville, NY 11801 SUFFOLK COUNTY DEPARTMENT OF LAW, DIVISION OF REAL ESTATE 158 North County Complex, Veterans Memorial Highway, Hauppauge, NY 11788 STATE OF NEW YORK 1 ss.: COUNTY OF SUFFOLK) J. KEVIN MCLAUGHLIN residing at . being duly sworn, deposes and says JIM on the r AY of _Auaus_ , 19 96 deponent mailed a true copy of the Notice set forth on rite re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their fell'" ve names; that the addresses set apposite the names of said persons are the addresses of said persons as shown on the nurent aucssmmtr roll of the Tnwn of Southold; that said Notices were Jai It United St Post Of- hcc At _Southold, NY tl at said Notices wer ed t a sons by (certified) pmt) mail J. KEVIN OLAUGHLIN Swofo to before n,e tbi ~a (JAY u u st 1996 Mary ublic DONALD M• McGAVHEV p1pTARY puale, State 0. ea York No. 48i~093. Suffolk~~o_~O(~ t Term Ex,prce~-eP ~ r (This Side does not have to be completed on form transmitted tO adjoining property owners.) 455 45~ P 538 455 458 P 538 455 459 P 538 455 460 p 538 Us Postal service us Postal Service US Postal Service P 538 r 455 451 P'538 455 461 A. led Mail Receipt for Certified Mail US Postal Service us postal service us Postal Service Receipt for Cert provided, Receipt for Certified Maf , R Insurance Coverag R Insurance coverage Provided. No Insurance Coverage Provided. Receipt for Certified Mail Receipt for Certified Mai! Receipt for Certified Mail Do not use for International Mail See reverse No insurance coverage Provided. No insurance coverage Provided. No insurance coverage Provided. t Do not use for International Mail See reverse Do not use for Intemational Mail Se reverse a kL, Sent to Do not use for International Mail See reverse Do not use for International Mail See reverse Do not use for Intemational Mail See reverse Ito ,e g4E.t Q- SenIto'-.3 j I 1 G( I 1 I lb rt- Sent to FF'~1 b. cL ~YJ Sent to n Sent to wpt IVt SID .n? ~ e Street & umb ~IP N ~t.~'i' r ~O D mbar Street & N be I N 1 N ~b e ~a6 Street & mbe tr, 0~~.~ Street 8 Number 1 $ 1 , street& 4, Street Number b- N' u q1e ~Q) ZIP Code Post OH' ,Sate, & IP e - C5 11 & ZIP oda Post W V~~e<uw r r Stat ~ State, ?j, Ar ] v~0 k I~ I IC.T' Past C)Jl .State, & ZIIA. QY P are 113-7 g po iLe, State. &; IR ode ~U I t g P I P7' Post ~Ifice. State, & ZIP Coda 'r'Iy ~U 1 Q 7 G Postage $ , 3 Zf $ $ . 3Z Postage Postage $ r 3 Postage $ ~ ~ ~ Postage Postage Certified Fee Certified Fee Certified Fee Certified Fee Certified Fee Certified Fee r Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee i Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee N Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee getu to c' Retu-see showing to Retum m m _ & l m Re Ad19 Retum 1 m Refu t t° l eNm PerzgtS 'r'gro n m Receipt showing to _ m ,aupt Slawig to = Reo Recapt Staweg to Who - e1gID eceipt showing Q Dale, & Addr Address - , { G xt 's ate, 8 Address ass Date, & Addr :RIM ¢ D , & Addressee' s Date, & Addr 's Address I , / TOTAL Po ass `f' TOTAL Fees ~r O 0 OTALPosla 49es ) r/~ O F s TOTAL , fees ! i T~ TOTAL P Fees O TAL Postage Po tmahkn Postrnark9 ]Q o nark E € ark &TWre ell, € P rk0 ~tmark9J96 (L7 I 4. ~~77 11 vv m O 11911 _ on TO': 96 i 11971 LL F[+._ wti 0 a - a . d llgl a 17.9 a 1197 i - - P 538 455 456 _ US Postal Service - - - Receipt for Certified Mail P 538 455 453 P 538 455 455 No Insurance Coverage Provided. P 538 455 454 Do not use for Intemational Mail See rave se P 538 455 452 US Postal Service sent to _ US Postal Service S'A'e- US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail stre & Numbeer Receipt for Certified Mail No Insurance Coverage Provided. Receipt for Certified Mail No Insurance Coverage Provided. 1395 ~~bSclSee~ No Insurance Coverage Provided. Do not use for International Mail See reverse No Insurance Coverage Provided. Do not use for Intemational Mail See reverse Po nice Stt~e, & n Code Do not use for International Mail See reverse o F+ PI Do not use for International Mail See reverse sentto stage b I \ ) / r IN Y C F7I~Ct° l'lL-r-I~ Sent to 3 z Sa` J1'16 Y 1 / n ry M 11-1- Street & Nu r A E f r \1 C 6o Postage $ SI /ICY Lm G Street & Number ` (4,71 / Street & Number n1reef & ' r r V Certified Fee Pest Office, State, ZIPC a /IS./I IJ Xat f 5! YCb post Of ice, State, & ZIP Code, ~ l t I'st ~ cr1 57 C~lax~Cr Pk a Post Off a Star & Zip t l l l~. r Post Office, e, 8 IP Code O R- V/1 `F $ ~s Z •(~t0 ~ ~ 11 ~i 7 Special Delivery Fee Postage 7 postage $ Postage $ Postage $ 3 Z Restrict Certified Fee ( tJ Certified Fee ( D Certified Fee m Ret Re l „ ( Certified Fee Special Delivery Fee m 8 Date Delivered Special Delivery Fea m Rec Special Delivery Fee Special Delive Fee Q ate, & Address s l Restricted Restriced ' e Fee OM $ Rest' I' co Relu N t m O L Pos s P ; or 'pt Sho to _ & to Delivered Return Rec 'pr Shaw' om & Date De I co _ 8 D to Delivered a R m Receipt~} 2 Whom & Q I' Bred Rehm W - Rec homy < te,&Addresse<"e's 1 t 7]M1. Rehm R ~ to VAtin _ Date, & Iddr RehDate,m d Pddr toassNl p 7aL Post ~s $ ass Q ! / O TOTAL P ass Go p 7 or AL e~ & Fees J OTA ate Fees Z CID CO E O E or as 91ti /.Z i 1191 o ad grp3te<1 11971 to 11 a ti a m m a. a QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) EVA C. MULLINS (owner) MARY M. McDAVID (owner) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { } No. (-If Yes, please attach copy of "ccndit-- ons" of sale.) C. Are there any Proposals to change ar alter land contcurs? { } 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? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No 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? If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel single family residence and vacant lots and proposed use same L 2 ~ 9C Authorized Signature and Date 7- 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS (Amended 8-26-76 by L.L. No. 2-1976:3-26- 85 byL-LNo. &1995): 1-D- A r TIDAL WETLANDS: (1) A dl lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low , march eardgrass:and/= (3) All land immediately ndjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 21-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immedintely 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:" 9705 z-xs•es STATUTORY FORM C I48 3529-Har and re need. oveaaM against Grantor-Individual Title Guaranty anty and Trust Compea a v. IL L IL e. 52 - z THIS INDENTURE, made the ca93 RQ day of June ~1 ) one thousand nine hundred and forty-nine between 8 SALVATOR SIRACUSANO, -I residing at 19-14 24th Road, Long island Ci cy, New York I j part Y of the first part, and WILLIAM H. lie DAVID, residing at 1470 1;ast Ave, Bronx 62, hew York l part Y of the second part: WITNESSETH, that the part y of the first part, in consideration of One Hundred ('$100.00) dollars, lawful money of the United States, and other good and valuable consideration paid by the part y of the second part, do es hereby grant and release unto the part y of the second part, hie heirs and assigns forever. ALL That lot or parcel of land, lying and being in the Town of Southold, Suffolk County, New York, known and designated as and by the Plot Nos. 30 to 33 both inclusive, on a certain map entitled ""'lap of Goose Bay Estates", in the Town of Southold, Suffolk County, New York, said map being made by Lewis N. i Waters, L.S.; of Oyster Ba;;, L.I., Levi York, dated ;eptember 12, 1934 and filed in the office of the Clerk of The County of ;uffolk on the 13th day of l(ovember 1934 as and by the Map No. 1176, (Abstract lo. 1197) TOGETHM with all the right, title and interest of the seller of, it: and to that portion of land lying in f=ont of r,na adjacent to said plots to the mean high water line of Goose Creek, subject to the right of other owners of plots on said map to pass over and use the same. TOGETHER with and Subject to all the rights amd restriction in the former deeds of record. it i i I I' +I I jl l cc~~ I_IRER29 innry6 PAGE together with the appurtenances and all the estate and rights of the part y of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the part y of the second part, his heirs and assigns forever. i ! it AND the part y of the first part covenant as follows: FIRST-That the part y of the first part ha s not done or suffered anything whereby the said premises have been encumbered in any way whatever. SEcoxtr-That, in compliance with Section 13 of the Lien Law, the part y of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the part of the first part will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the part y of the first part ha s hereunto set his hand j and seal the day and year first above written. IN THE PRESENCE OF: r Ili li I' i~ 'l i State of New York, } s +r Form s r.,.,,,... s n..,. rt.: 9that No ~*f ~Ij A ~f whoa wledgment or proof of the whose an ATTOII'NEY AND CO w annexe do]d d swo ulifielrcise the p en of a ~ LJNSELLOR at law, duly pursuant t0 Itw 9"3 try public in Queens county -nine lssion, or a certificate of his appointment and qutlif+tthpnst sw,g raph lSr the S te have been filed in my office; that as such of M14W d dul i New Yrtk to administer o affirmations, to certify the ac6oNledgment or proof of deeds and other w aths and ritten instruments for lands, tenements and hereditament) to.be teed. Ih evidence or redordtl in said State, truest notes and to instrument, and take and certify-depositibns;sknd Uutt,;l.pm well acquain%tk4, nJhe%rchvriting of such Attorney and Counsellor at Law, or have cornpsted the signature on, the astesed instrument with his autograph signature delidfited lid my a ce, ANbelieve that the signIaturo s genuine. IN WOIESS WHEREOP, have hereunto set aud,ahd /4f f ~7-;.. affixed my rflicial seal this d--........::w day of.. 94 , r t .w ' nty left* lY_- ~94 erk oJrle Supre Cotvr._ artd Qyun.CaLr1, .Quee,u County, D STATE OF NEW YORK COUNTY OF J On the day of one thousand nine hundred and before me came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK sr.: COUNTY OF On the day of one thousand nine hundred and before me came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being be me duly sworn, did depose and say that he resides at in ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. zl d H ~ z 0 i h o A F x ~(JJ NJ o w" I Pi i• p k, .77 a w'-i a ° o ~n ~a P° W Z z ° p k11 z ~ x c7 D ci rr\ pq'. 0 U Ct :=3 F~ Fi m U w o ~~o rn P'i F W F . A w z z-$o-m A 6 F z OF 0 a WW°w- ~ a a " P4 ~ N y F z F z+ z 0 W Z IL RECORDED W U U d ? AUG 2 tJg9 0 3.ob X 0 X U M. a c _ -omitoB~Ot~ip~~~ iY Id o W W K W ~ cY W W M LL :i M 1 I - +^JmI N. h. I. U. k I. Soul •l-bl-,UM-tlvg,tu and JAle Ueed, wILh L.,enant ,guest Urt VIWl 3 iLIL,-Ind,ndnm ul l.mpuu"uo tmugm ~ftm) CONSULT YOUR LAWYER Bbl lIONINO THIS MSTRUMENT-THIS INSTRUJOT SHOULD BE USED BY LAWYERS ONLY. LIBER518 PAGF 414 U. fi % s........ s¢..,. THIS INDENTURE, made the 14' 4L day of June , nineteen hundred and sixty-two BETWEEN WILLIAM H. McDAVID, residing at 174 Meadow Street, Garden City, Nassau County, Mew York, is party of the first part, and RIX R. MCDAVID, residing at 2160 East Tremont - Avenue, Bronx 62, New York, party of the second part, WiTNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, - ALL that certain plot, lece of parcel of land with the-buildings end autgter-.aeen ereeted, situate, lying and being in the Town'i of Southold, Suffolk County, New York, known and designated as and by the Plot Nos. 30 to 33 both inclusive, on a certain map entitled "Mapof Goose Bay Estates", in the Town of Southold, I Suffolk County,#;- ew York, said map bei_nfi made by Lewis N. Waters, L.S.1 of Oyster Bay, t.I.'# New York, dated September 12, 1934 and filed in c the office of the Clerk of The County of Suffolk on the 13th day of November 1934 as and by the Map No. 1176, (Abstract No. 1197) m a o. TOGETHER with all the right, title and interest of the seller of, in and to that portion of land lying in front of and adjacent to said plots to the mean high water line of l=oose Creek, subject to the right of other owners of plots on said map to pass over and use the same. TOGETHER with and Subject to all. the rights and restriction in the former deeds of record. 'I OGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party Of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN I'RESGNcr OF: 1 ~~~am ol)avld 1. STATE OF NEW TO!!, COUNTY OF f n: STATE OF NEW YOR~~UNTY OF LIHEA83 PACA ys{ s On the /V day of June, 19f,'-'' , before me On the day of 19 before me personally came personally came WILLIAM A. Mcl)r.V il;, to me known to be the individual described in and who to me'known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he gxecuted the same. executed the same., d h - Not y Public,; ;Mate of f7 Tai k @AYMMINE F. MEYER . p ii GARY RUpW1, state of tlew Yoxk • NJ; 03.7017175 Quahopif in Bronx county @Mai9@o Upitee Match 30, 1994 :1 F 1. STATE OF NNW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before the personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed If name thereto by like order. at the same time subscribed h name as witness thereto. y y r U) O 1 ^ at t.~ N ' co t~ N t: W x e< co q X 0 rA N 3 0 H x o N r r-t c r-i < E. F-1 4 H c ; 4' C7 i W U) to •ri q~ ~ r ~ C.) P U t& ow w Fa tP Y C q : n p o P ,o o to s C~ ~t o . 1 F o u~ a1 , x P1 a s Cdd cv 0 N O z t V A r G !r V F--1 F--i z .d in s ~ F1 O a \ 19 e z~ E~ < FA v z H 5 a W V LL LL V 1y~ tl ~ r• q o RECORDED JUN 19 1962 NORMAN E. KLIPP clerk of suffolk County W el W ~ N W i XSTATUTOR FORM Y t bred. I P 3529-ear and Sale Decd. wlt~nnant against Grantor-Individual 55#_ - I PT R!/ d!lIJJJ464 777LLL pAGrJJJ"'SSS 1 Title Guarantanty y and Trust ComyavY E t, g. L i THIS INDENTURE, made the day of May one thousand nine hundred and Forty-seven between III 'I III SALVATOR SIRACUSANO, residing at 19-14 24th Road, Astoria 2, N.Y. sasidimget 'I part y of the first part, I and FIX R. 1AC. DAVID, residing at 2160 East Tremont Avenue, Bronx, 62, R.Y. ! part y of the second part: WITNESSETH, that the part y of the first part, in consideration of dollars, One Hundred (0100.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, do es hereby grant and release unto the part y of the second part, his heirs, and assigns forever. ALL That Lot or parcel of land, lying and being in the Town of Southold Southold, Suffolk County, New York, known and designated as and by the Plots Nos. 34 to 37, both inclusive on a certain Map entitled "Map of Goose Bay Estates", in the Town of Southold, Suffolk County, New York, said map being made by Lewis N. Waters, L.S.i of Oyster Bay, L.I.; hew York, dated September 12,1934 and filed in the office of the Clerk of the County of Suffolk on the 13th day of November 1934 as and by the Map No. 1176 (Abstract No. 1197). TOGETM WITH ALL THE right, title and interest of the seller of, in and to that portion of land lying in front of and adjacent to said plots to the mean water line of Goose Creek, subject to the rights of others owners l',of plots on said map. to pass over and use the same. I! Together with and subject to all rights and restrictions contained in Deed from Anthony B. Oliver to Salvator Siracusano, dated April 26, 1949 and ree rded in Deed Libor 2944 ,ages 54, 55, and 56. !i i it i'. . _..-,,,,.,,,y Loft/1, Orse".r f b. i 'I !I i i it I i h ii i 6 ~ h j 11th,<a~~' G'i4ff 1 together with the appurtenances and all the estate and rights of the part Y of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the part y of the second part, hie heirs, and assigns forever. ii .j ii 'i AND the part y of the first part covenant as follows: FIRST-That the part y of the first part ha s not done or suffered anything whereby the said premises have been encumbered in any way whatever. SECOND-That, in compliance with Section 13 of the Lien Law, the part y of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the part of the first part will apply the same first to the payment of the cost of the improvement before using any I' part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand l and seal the day and year first above written. IN THE PRESENCE OF: i n i STATE OF NEW YORK COUNTY OF 67--t j } ssn.: On the 13 day of one thousand nine hundred and before me came C i to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. liN" V r blrrn, Ot Ali i . l .Ilnr;fl Lsw n ,u I.,in~rv II: r Ida "bt. I<... I,Jn.P_''S.V-O <nni ~..n L: Nim, h 3(i, 19;0 IP}e-917D.t/Al?Cvz J 7VA#? i AND the part y of the first part covenant as follows: FIRST-That the part y of the first part ha s not done or suffered anything whereby the said premises have been encumbered in any way whatever. i SECOND--That, in compliance with Section 13 of the Licit Law, the part y of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the part of the first part will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. IN THE PRESENCE OF: II . of New York, Form 6 No. 1733, l,OYnl}' Of QpeCFI, • I, PAUL LIVOTI, Clerk of the County of Queens and Clerk he Supreme Court and County Court in and for said county, the sans! could of tlcerd having a rs HER BY CERTIFY, That whose ! subibfi fA epostonc acknowledgment or proof of the annexed insnument,kwssl9t the time of f~ldrtg a same an ATTORNEY AND COUNSELLOR at law, duly commissioned, and sworn arid, qua[ d to exercise the powers of a notary public in Queens County , and throughout the State of New . ork; that pursuant to law a commission, or a certificate of his appointment and qualificationsµand llle, autograph signature, have been filed in my office; that as such officer he was duly authorized by the lauds of the State of New York to administer oaths and affirmations, to certify the acknowledgment or proof of deeds and other written instruments for lands, tenementsaod hereditaments,,to,be#fid in evidence or recorded in said State, to protest notes and to instrument, and take and certify depositions; and tbat I am well acquainted with the handwriting of such Attorney and Counsellcm at LAW, or have compated the signature on the annexed instrument with his autograph signature deposited in my office, and believe that the signature is genuine. IN WJTNESS WHEREOF, I ve hereunto Oct ry~ha I and affixed my official seal this _rm y ' ._.._day it aw of ,i 194 t o . 8 1, h At' t ~94 N-0 Qtt.A ounty.Conrd 91 7DN 1 7V. CojlYClerk Curt, 1 Qthe C Queens ~ and County STATE OF NEW YORK Z ss.: COUNTY OF J v On the day of one thousand nine hundred and before me came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK j COUNTY OF J ss.: On the day of one thousand nine hundred and before me came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being be me duly sworn, did depose and say that lie resides at in ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ' z a x a 3 z j' z W zx„ a ` zt A H W 0z x a ~ o H a ~ - W " z o d a 0 H F y F M W U W O g z W l ti W .~7 F ~4 ...w .4 fy z <,y[(~~~ i z W M V ` .y `Q {7 W w rn a a a u x h II " d rn W y m F I~; x w z F o W U Z W° RECORDED U to a z W La o JUN 29 349 °m U //vat. M C F a W X R. FORD HUGHES o W 0 CLERK OF SUFFOLK COUNT y U W W LL • W W m 0 0 J 6 2~15-STATUTORY FORM A. / uu. BLOYRERG. IND., LAW BLANK PUBLISHERS , ! W.rT..tr Deed with FRII Covenants, In 1. e91 BROADWAY AND 1 RECTOR ST., NEW YORK I Made the lJ] day of nineteen hundred and forty-nine d ! 11 Jgetb)eett HERBERT ROSENBERG, residing at Southold, Suffolk County, j New York AL_ I -I part y of the first part, i and RIX R. MC DAVID, residing at 2160 East Tremont Avenue, Bronx 621 New York part y of the second part, ittteg~etfj, that the part y of the first part, in consideration of i Seventeen Hundred (1700.00)- - - - - - - Dollars, lawful money of the United States, i I~ paid by the part y of the second part, do e g hereby grant and release unto the party of the second part, and assigns forever, ZIU that certain plot, piece or parcel of land situate, lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, particularly described as followst i BEGINNING at the southeasterly corner of Lot Number 29 as shown on a map entitled "Map of Goose Bay Estates at Southold L. 1.11 filed in Suffolk County Clerk's Office Nov. 13, 1934 it as Map No. 1176 and running thence along the easterly line of Lots numbers 29 to 46 as shown on said map N.17°34'30"E. 350 feet to a point in the center of the easterly end of said Lot Number 46 thence easterly on the extension of the center line of said Lot Number 46, 150 feet; thence S.17034130"W. 350 feet to a point in the extension easterly of the southerly line of said Lot Number 29; thence westerly along the extension easterly of the southerly line of said Lot Number 29, 150 feet to 'the point of beginning. 'SUBJECT to the following reservations, covenants and j restrictions: (1) The Seller hereby reserves the right to himself or his assigns to lay out streets or avenues abutting II the premises herein agreed to be conveyed, to make improvements on any such roads or streets or avenues, to lay and maintain or cause to be laid and maintained gas or water mains, and to erected and maintain or cause to be erected and maintained electric light and telephone poles, wires supports and guys. (2) The Purchaser shall. not erect or cause or permit to be erected any building except one detached dwelling house for one family only, and one garage for private use on less than 60.feet facing road or highway. (3) No outside toilets shall be erected or permitted 1 ~ aFR301" uac;2199 to be erected on any kart of the premises. (4) The purchaser shall. not manufacture, sell or permit to be manufactured or sold on said premises, kl any goods or merchandise of any kind, and shall not carry on or permit any business or trade whatsoever upon said premises and will not carry on or permit any manner of things which will be a nuisance, unwholesome, or offensive to the neighborhood. (5) No signs of any kind shall be erected, except those erected with the permission of the Seller herein. (6) No fences or hedges shall be erected or allowed which are over 3 feet 6 inches in height.' TOGETHER with three (3) rights of way are the following descriptions: (1) Together with a right of way 30 feet in width from the northeasterly corner of the premises southerly about 792 feet; thence easterly at right angles to said 30 foot right of way about 168 feet to land formerly of Sadie Gagen and to another 30 foot right of way. (#(2) as described below). (2) A7 so with a right of way 30 feet in,,width over said land formerly of Sadie Gagen and adjoining the westerly boundary thereof, from North Bayview Road northerly about 1620 feet to a dredged canal leading to Goose Creek. (3) Also with a right of way 30 feet in width, the northerly line of which, is the extension easterly of the northerly line of the premises hgrelnabove de- scribed, from the northeasterly corner of said premises easterly about 170 feet to said land formerly of Sadie Gagen and to said 30 foot right of way #(2) described above. The foregoing reservations and restrictions are to run with the land and shall be binding upon the Purchasers, heirs, executors and assigns until January 1, 1960, except however that the Seller reserves the right to change, alter or amend the reservations or restrictions in whole or in part as the Seller may from time to time see fit. i Mogetber with the appurtenances and all the estate and rights of the part of the first part in and to said premises. Mo tube aRb to botb the premises herein granted unto the part of the second part, and assigns forever. II~' i'Ripe )U' ~ Nac~ • ~•j flub the said part of t9first part covenant as follows: f lr5t. -That the part of the first part seized of the said premises in fee simple, and ha good right to convey the same, *CC011b. -That the part of the second part shall quietly enjoy the said premises; Mbirb.-That the said premises are free from encumbrances; i g0urt}J.-That the part of the first part will execute or procure any further necessary assurance of the title to said premises; -That the part of the first part will forever warrant the title to said premises. SiXtb.-That the grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement Ad thAt the grantor will apply the same first to the payment of the cost of the improvement before using arty pats of the total of the same for any other purpose. i i -Itt Mao Ubtuof, the part of the first part ha hereunto set hand and seal the day and year first above written In pregrnte of: ~ti---..4 - L. S. __L. S. _L.S. .L. S. 1 I I. Hiatt of ) iCountp of Bs On the day of nineteen hundred and before me came to me known and known to me to be the individual described in, and who executed, the foregoing instru- ment, and acknowledged tome that he executed the same. *tote of New York 6yl g8.: Couutp of Suffolk On the day of nineteen hundred and forty-nine before me came Herbert Rosenberg to me known and known to me to be the individual described in, and who executed, the foregoing instru- ment, and acknowledged to me that he executed the same. I Otote of }gg: , QCouutp of On the day of, nineteen hundred and before me came a the subscribing witness to the foregoing instrument, wit4 *¢om I am personally acquainted, who, being by me duly sworn, did depose and say that he resides in that he knows to be the individual described in, and who executed the foregoing instrument; that , said subscribing witness, was present, and saw execute the. same; and that he, said witgq, at the same time subscribed h name as witness thereto. • - t 01.1 q Q a 4 t!7 H H wi u - b F'+ P4 + o x 0 rl o F-i x o a q aG c7 a RECORF 4 LU UJ co C-, r-i Vie 0 7. p 0 N oC. ZOr• Ih, Ff P r FAlQF1E9 C-3 > CUMKQF s;atmgGatnIry U m 6 4J C.. i ~ q °~ae & f f. ~e x.9-atr~EreE~ j1;'r#j lo'~Ect~r-~E`et .h Eti KS &r'.f V Y Eft t°f t K r 'E`sc Y} .e~. }fr~y~°~..~ s~rf ~~t~ ~i~ - °°fe%='• g.~~~^.SfR~ ,kill t~ m a~ 1 _ 'Ji 1-1-11 111111 Ws,~tcE,~ f!-CIE fF a e? ~ f - F g~~er"s ee i R t F v 1t1 :~,cyf2- d V.'1lFr=ef Sc=F~ , iz ° s R~ O C"} ? L. X e e -MEN QE~ ILI t fe t r 41 r 11 t3R q 1:t t t it f I 1 91 ,M "Y'1~[ww ~ ~ ss~ V^~ ~ ds 'q .C t T. ~ i i } 14 Oita? r*ji s+r i ! ~ ~ ~ ~ iQi r ~ ~J y ~t ..i ?qt~ ,,11t ?t i... ~ r DWI ~.r .ss lr,, e kt ,w cc~ na _ J. Y1 y:al'l~it LJa[R26419 PAGE THIS INDBNTUIIE, made the day of September nineteen hundred and forty-six between HEN TK NDRF.ASFN and MMARTTHA AND~WAsm, his wife, residing at Southold, Suffolk County,New York. part is a of the first: part, and REX A MoDAVID. residing at Parkchester,New York, c i part y of the second part, WITNRSSICTH, that the part Iaaof the first part, in consideration of ----------ONE ($1.00) Dollar# lawful money of the United States, paid by the part y of the second part, do hereby grant and release unto the part y of the second part, his heirs and assigns forever, ALL those certain plots,pieces, or parcels of land situate,lying and being in the Town of Southold,Suffolk County,New York,known and designated as and by the Plots Nos. 38,39,40,41 and the Southerly one- half of 42, on a certain Map entitled "Map of Goose Bay Estates," in the Town of Southold,Suffolk County,New York,said map being made by Lewis N.Waters,L.S,, of Oyster Bay, L.I., New York,dated September 12, 1934, and filed in the office of the Clerk of the County of Suffolk on the 13th day of November,1934,as and by the Map No. 1176, (Abstract No.1197.) TOGETHER with all the right,title and interest of the Seller of, in and to that portion of the road or roads adjacent to said plots above mentioned,to the center line thereof, subject to the right of other owners of plots on the said Map to pass over and reasonably use the same. TOGETHER with all the right,title and interest of the seller of, in and to that portion of land lying in front of and adjacent to said plots to the mean high water line of Goose Creek,subject to the right of other owners of plots on said Map to pass over and use the same. TOGETHER with the right to use for all reasonable purposes all -1-ion of land lying in front of plots `Nos.53 to 58,both MER2619 PAGE115 inclusive, Plots Nos.168 to 195, both inclusive,and Plots Nos.277 to 310,both indlusive,said right to be in common with other plot owners on said Map,or owners who may hereafter acquire said plots on said Map,subjeet to such reasonable rules and regulations with respect to the.use thereof as the Seller herein may from time to time put into effect,it being understood that should owner or owners of plots facing Goose Creek desire to erect a dock on said land,sAid owner or owners may do so providing said dock does not prevent other owners of plots on said Map passing over and reasonably using the land herein referred to, and providing proper legal provisions are complied with, and the consent of the Seller herein is secured. TOGETHER with a right to the use of the streets,avenues or roads shown on said Mapisaid right to be in common with other plot owners on said Map. Subject to any covenants and restrictions contained in former deeds of record. Being and intended to be the same premises heretofore conveyed by Oliver Bros„ Building and Construction Corporation to the party of the first part by deed dated November 21,1945 and recorded in the Office of the County Clerk of the County of Suffolk in Liber 2507 of j! Deeds at page 483 on November 26,1945 at 9;48 A.M. i i a i • togcther with the nppurtenances and all the estate and rights of the part Ise of the first part in and to said premise's, I I i TO HAVE AND TO HOLD the premises herein granted unto the part y of the second part, his heirs and assigns forever LI(3Lfi The party of file first part covenants that if any improvements, repairs or alterations to the premises have been commenced and have not been completed at least four months before the recording of this deed, i the Grantor will receive the consideration for this conveyance as a trust fund to be applied first for the j purpose of paying the cost of improvement, and that said Grantor will apply the same first to the payment of the cost of irrtprovenieut before using any part of the total of the same for any other purpose. I I ' I AND said parties of the first part covenant as follows: I I~ First. That said parties of the first part are seized of the said premises in fee simple, and ha ve good right to it convey the same; i I Second. That the part y of the second part shall quietly enjoy the said premises II Third. That the said premises are free from iucumbrances i I i i (I ~i Fourth. That the partiB9 of the first part will execute or procure any further necessary ICI assurance of the title to said premises; i Fifth. Thatsaid parties of the first part will forever warrant the title to the said premises. 'iSixth. That the ;~rauL,r, ill Compliance k%uh Section 13 of the Lien Law, covenants that the grantor Nvill receive the consideration for this convu alive and will hold the right to receive such cousidcra- Lion as a trust fund to be uh;Ilied first for the purla,se of pad inf; the cost of the improvcmeut and that the grantor will apply the suwc first to the luu ment of the Co,t of tits iui1m,vcmcnt before using any part of the total of the ,ante f.n- anc other ~nu-po,r. i. IN WITND.SS \PIIFI:EOY, the part lea cf the first part have hereunto set their hands and seal a the day and year first above written. In presence of I State of New Yorks County of Suffolk, j ss,: On the day of September y nineteen hundred and forty-six t,eforc au came HENRTK ANDREASEN and MARTHA AN.DREASFj,. his wife, ' to me known to he the individuals described in, and who executed, the foregoing instrument, and acknowledged that they executed the same. RECORDED ~n 116tary~ C,U . Co. N. Y. S F P °1 Ill II ! g.. FORD HUC4'1$ Clai& of S~II~JIt C~wt~' I! State of County of ~ss.: On the day of , nineteen hundred and before me came to me known and known to iue to be the individual described in, and who executed, the foregoing instru- ment, and acknowledged to me that he executed the same. State of I County of f ss.: On the day of , nineteen hundred and before me came , the subscribing witness to the foregoing instrument, with whom [ am personally acquainted, who, being by me drily sworn, did depose and say that lie resides in that he knows to be the individual described in, and who executed, the foregoing instrument ; that he said subscribing witness, was present and saw execute the same; and that he said witue,s, at the same time subscribed h name as witness thereto j \ W r F a ~ r i o c ~ pt o z 1 G U y q td Or : 'B Pa c b M1i' A ~ W 'q r ~ 0 O '.H+ Uj F+ptY A ~ ~ ~ ~ ° yea a p, ~ c~ O H r N o o ti O H 7 H Cn ~ ~ G X 0 9 1134 P: to x ro 4 p A I4 Liber 72 NQ 4799 Page 744 [114r eo Ir of t4e fpttt#e of New York To all to whom these presents shall come or may concern, SEND GREETING: ixcufne, That we, having inspected the Records of our Surrogate's Court in and for the County of Bronx, do find that on the 14th day of January in the year one thousand nine hundred and eighty-five by said Court, Letters Testamentary on the estate of RIX Ro MC DAVID late of the County of Bronx, deceased, were granted unto EVA Co MULLINS the Execut rix named in the last Will and Testament of said deceased, and that it does not appear by said Records that said Letters have been revoked. In Testimony Whereof, we have caused the Seal of the Surrogate's Court of the County of Bronx to be hereunto affixed. Witness, Hon. BERTRAM R. GELFAND, Surrogate of our said County, in The City of New York, the 14th day of January in the year of our Lord one thousand nine hundred and eighty-five 01 - Cterk of the Surrogates Court N OV 2 1984 Date 42- 48 +.2t;, ,<'~yt DIVISIONOFRECORD CERTIFICATE OF DEATH \d tY.. ; v - I I , DO rti 4~`~ DATE FI~~P IF 4EALTH Certificate No. 156-8 DUtt..UVh JF cRuNX 7. NAME OF < "a.'\.. DECEASED Rix R. 1~~,i McDavid (Type or Yrent First Name ;Ilddle Name Lai Nam' •1\ 1~ ~~1 ~ Nall 20 ~ DI At TIFICATE OF DEATH (To be filled;, by the 2. NEW YORK CIT I p. Name OI nospltal or institution, 11 m nos Olbl (Check) d. u ---p.1-t. .Dale >i >\~yy~~~yuu Y PLACE - - --i 11 not nospltal. street address , L a rrr rl adm n n• y5 \ t - OF a. BOROUGH IODOA 30001 oohs BronX J3COb1 HOSpital j 2CEmerg. Rm.I VXnpatlentn IM~ntn ply A14 ~ l 3a, (Morin) (Day) lYSar) sap. HOUR K. 5. APPHU %I MGG OA TE AGE ~f~ DATEAND I CLAM 4. SEX DEAT OF November 17, 1984 1 6:00 C1 Male 79 years 6. I HfifIfiBM GEgTi ffV'tLI L p6,p ff11IMPT quit, the provisions or law. I took Charge of the aeaa poor lJr~~LC UI' brlikr il'ICY:Ii1G at 59n-gIoST fl}ffe~dE ~~Y 3av"ie ~lY on the 18th oar or November ly 84 I lurtne, Certify iron, the Investlyllon and pOSt Morten ezaminap on ~`w autopsy that In my open ion death occurred on !ne pate yy~~t'r and at the hour staled anove and resultatl hdm ?Natu Ml Causes [?Sulc tae ?Unoet arm red C rcumsunc ei OACddfmt [0HonllClde OPending Further Invefl gal on and that the Causes of death were: ;'~,t~"j-'C~\l\\• a. Immmute c Su'd ';l hematoma, evacuated.53 days survival in coma with < ' a4ri• ht ~•j,l. ~p,~~~~': PART 1 gip' Doe to or as a <nnseRUence of acute bronchopneumonia and sepsis, clinical. History of being T ~C. ISue to or as a consepuence OI I 1A y t \ `Y~ I assaulted pushed with in'ur to head on 9/24/84. rV 't R\+ PART 2 .a. Coninpwory causes tf f \ M.E. Case No. Bx84-4496 signed: M - MO < `V du 'I IithooxltlrxosSC~aw3mal.R ,n..n~~~1e rtjllllnyl? , 4 1S PERSONAL PARTICULARS To be /riled in Dire ' r 1, USUAL RESrOENCE Ito. COUNTY , C. CITY, TOWN OR STREET AND HOUSE NUMBER INSIDE CITY a. STATE i LOCATION LIr1 TS OF 1 • J'yy\ it •i N7-~ r n FS Nc Cs:;r,~,~(; { 3 MARITAL , TAT neck tmQl 9. Fil ZIeN OF CO LON.TR !0 NAM ~..r ,e vlVl d.. Sr~.U~ IIIwLL- • ema C Vey I C Nr er Marrl a ` n name F ~7~I~JM err ea or Se oar alQd _ 30 yr dowse aO a~>orcea ziC/ G(~ IL (MOptO) DATE OF (Cast (Year) 12 i~N:LEI+ I tiea n LES ^ e~4~(\•1st~ AGE AT p \p,.)r BIRTH OF ECEDENi B RSTHDAV / rn os. I days his, ia ,.sin. 13. USUAL CCCUPAT N (Kind of work done during T0St OI rb. KIND GF 6U INC~~r 14. SOCIAL SECV RIiY NO, working 111 etlme; do nOI enter retired.) < 15. BIRTHPLACE (Slat, or Foreign Country) 16. OTHER N I BY WHICH DECEDENT WAS KNOWN - i 41 ~t i 17. NAME OF FATHER OF DECEDENT 18, MAIDEN NAME OF MOTHER OF DECEDENT 1941. PCAME OF W-1-1 lo. RELATIONSHIP Ic. ADDRESS (C.!y) (Slater, r:. y I TO OECEAS D 4;-O-c .Oa. NAME EMETERV^^'^^'•^~ Ito. LOCA ON(?Y City, Tov,•n, Stale ono Country) ~C. DATE O°BURIAL OH ~j~ I CREMATION T. S l a R A L/D/I ~R~L CST O/R') /p: A D / E f BUREAU OF VITAL R RDS DEPARTMENT OF REALTH THE CITY OF NEW YORW • _ ~T'LY.',x'..c., u..... r~~`i .z." ~ si ,zr:i _ v _•-__:`"t«,z.-'e:v'yyy".rraQt'QC'ae--.<r-?rcc-~_ This Is to eertffy that the foregoing Is a true copy of a record In my custody. - CITY REGISTRAR The Department of ffeallh does not certify to the truth of the statements made therLan, rye no Inquiry as to the facts has Been provided by law.. DO NOT ACCEPT THIS TRANSCRIPT UNLESS THE RAISED SEAL OF THE DEPARTMENT OF HEALTH 13 . I AFFIXED THEREON. REPRODUCTION OR ALTERATIONS ARC PROHIBITED BY LAW. r ~ ?rc~:rr+z. .a.n:..'v ..Y....,:: q~> ''.'r+_..T_......z ATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020 ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 TEL. (516) 765-6085 FAX, 016) 765-1856 August 28, 1996 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Waiver Application of Eva C. Mullins SCTM Nos. 1000-77-3-5, 6, 7 & 15 Gentlemen: Pursuant to your request, please be advised that the above- referenced merger waiver application is a request that SCTM No. 1000-77-3-15 be deemed a separate lot from the merged lots (SCTM Nos. 1000-77-3-5, 6 & 7). This is not an application for four (4) separate lots, but as set forth above for two (2) lots. If you have any further questions or need any additional clarification, please do not hesitate to contact me. Ver u u r J. au lin AT Ir I '70.39 3Q 2 G \A/. a I r I I s-1i1551~ ~ i l -'A3 - { 5 72025'3C E. - 275:4 . 1 ~ rro ~ . MIVjE (QNCR•w6l:L I t ~ "tf I C b Ste{ ACS CZEX , F a 647 - ct. rya t, p Fly I ~ ff ,i 1 T- - T NAGY F l j .i F i i 1 G _ l:;CC7E I EF Gt +NAF O_ GM $E, SA} 'r*TFS'FtL. 1? .ha 14 A~5 M 'a. 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