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HomeMy WebLinkAbout4174 APPEALS BOARD MEMBERS Gerard R Goehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4174. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Upon Application of HENRIETTA AND ARTHUR MORMILE. Variance to the Zoning Ordinance, Article IIIA, 100-30A.3, Bulk Schedule, for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15, 16. Total area combined is approximately 23,000 sq. ft. WHEREAS, on May 7, 1993 a Notice of Disapproval was issued by the Building Inspector concerning an application to re-separate and place a new division line for two parcels · improved, each with a single-family dwelling; and WHEREAS, on June 1, 1993, an application for variances concerning lot area and width for each of the two parcels was filed; and WHEREAS, after due notice, a public hearing were held by the Board of Appeals on June 22, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning two parcels of land, all as shown on the November 9, 1992 survey map prepared by Peconic Surveyors, P.C. submitted with this application: a) Parcel 1 consists of a combined lot area of 12,113 sq. ft. - also referred to as Tax Map Nos. 9 and 15, Block 04, which is in the name of Henrietta Mormile. This lot area was combined inadvertently due to lack of continuous single-and-separate ownership. Page 2 - Appl. No..74 Matter of HENRIETTA-& ARTHUR MORMILE Decision Rendered June 22, 1993 b) Parcel 2 consists of a lot area of 15,261 sq. ft. also referred to as County Tax Map No. 16 - which is owned by Arthur and Marian Mormile. 2. By this variance application, appellants are requesting permission to re-divide this 25,083 sq. ft. of land (to continue two lots) without an increase in lot density, by establishing a new lot line (shown as running South 15 degrees 47 minutes 50 seconds East 82.07 feet). The placement of this new lot line will alter the combined Tax Map Lot Nos. 9 and 15 from 12,113 sq. ft. to the proposed 9,822 sq. ft., and Tax Map Lot No. 16 will increase from its present size of 10,648 sq. ft. to 15,261 square feet. 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 sq. ft. of lot area per lot (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exists.(before this proposed change in the lot division line), an area variance is required to reduce the lot area of one. Information has been submitted to show that these two lots (rather than three) were existing in single and separate ownership prior to zoning. Each of the two lots is improved with a single-family dwelling structure. 4. The percentage of relief sought by this application is applicable to Parcel 1 at 18 percent for a reduction in size from 12,113 sq. ft. to 9,822 sq. ft. -- or 2,291 sq. ft. less than the present lot size. Since this proposal is for an adjustment to increase Parcel 2 by the same difference, there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots established in the close vicinity of this property; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; (c) the relief requested will not cause a substantial effect on available governmental facilities; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties Page 3 - Appl. No. t74 Matter of HENRIETTA & ARTHUR MORMILE Decision Rendered June 22, 1993 (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new location of the division line is for record purposes and is not visible to the lands; (g) the difficulty is related to the uniqueness of the property and is not self-created; ~ (h) the relief requested will be the minimum necessary to afford relief. (i) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4174 in the Matter of ARTHUR & HENRIETTA MORMILE, for the re-adjustment of lot lines for two substandard parcels, shown as Parcel 1 and Parcel 2 on the survey map prepared by Peconic Surveyors, Inc. (dated November 9, 1992) plus amendment to show both existing dwellings. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Wilton and Villa. (Member Doyen was absent.) This resolution was duly adopted. lk 'GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE c ~OU ~:;,~,~D ~O~'~N CLERK DATE ~/) Town Clerk, Town APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Diniz~o, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 22, 1993 conuuencing at the times specified below: 1. 7:30 p.m. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with .reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5. 7:45 p.m.. Appl. No. 4173 ~ CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100~30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARsLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Ma~ Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises% may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April~29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWq~ BOARD OF APPEALS GER3~RD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date .... ~¥.7, ................. 19.9~.. To Rudolph H. Bruer, Attorney, Henrietta, Arthur & l~arian Normile P.O..Box 1466 Southold, N.Y. llg?i PLEASE TAKE NOTICE that your application dated ...... tkPgl~. 26, ............. 19..~. for permit to ~ A LOT LINg CItANGE Lo'cation of Property 270 PRIVAT~ ROAD #6, LAUREL, N.Y. House No. Street Ham/et County Tax Map No. 1000 Section ..... i.2,8...' .... Block . ..~..' ....... Lot . .~, ]~, .~.~.. Subdivision ................. Filed Map No ................. Lot No. '. is returned herewith and disapproved on the ~llowing grounds UHI)ER ARTICLE III A . sECTIoH 100-30A.3 PROPOSED LOTS ~ILL HAVE INSUFFICIENT AREA. ACTION REQUIRED BY TMI~ ZONING BOARD OF APPEALS. THoI4A~ J. FISHER ' RV 1/80 01 Southold Town Clerk TOWN OF SOUTHOLDi- NEY~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTNOLD, N. Y. I, (We) Arthur Mormile & Marian Mormtle of . gR.qp.n~c BaX Blv.d.~ ,- ......... Nome of Appellant Street and Number Laurel N.Y. ......................................................................................................................... HEREBy APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED M.a,~. 7, 1993 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ..A_r..t~h_u_r.--M--°.r-m-/-1..e.z_.M..a_r..i..a..n...~K~..~..~!ph N. Bruer as attorney Name of Applicant for permit of : Peconic Bay Blvd, Laurel N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOP, OCCUPANCY PERMIT FOR A LOT LINE CHANGE 1. LOCATION OF THE PROPERTY Peconic Bay Blgd R 40 Street /Hamlet / Use District on Zoning Map District 1000 Section128 Block'S. Lot 15^ . ...................................................t, urrent. Owner Hehrietta Mormile(ESTATE]' Map No. 'Lot No. Prior Owner-. ~ggene Belz & Edna Belz 2.. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III A Section 100-30A.3 ' (7~0 ( ) TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinonce or Zoning Mop A VARIANCE due to lack of access (State of New York Town Low Chop, 62 Cons. LOWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~een made with respect to this decision Of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit J ) request for a variance and was made in Appea! No ................................. Dated .................. t .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar-/ HARDSHIP because applicants will be unable to merge tax map number 1000-128-04-016 with part of 1000- 128-04-015 and tax map number 1000-128-04-009 with 1000-128-04-016. The lot line change will increase lot 1000-128-04-016 from 10,684 sq. ft. to 15;261 sp. ft. Tax lot number 1000-128-04-009 will increase from 7,500 sq. ft. to 9,822 sq. ft. Lot number 1000-128-04-015 would be eliminated. The relief requested still results in properties with areas that do not meet the present Town Code minimum standard but are larger than they would be without the merger. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district' because · applicants want'to'enlarge lot nun~ber 10~which 'will result in the lots being as large or la'rger than adjoining lots in the area -. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISI KICT because no new living area will be Created. This just consolidates existing lots so they are more · consistant with the other lots in the area.. STATE OF NEW YORK ) COUNTY OP~ ss Sworn to this ..................... ~ ................day of .......... ...... .. ...... Notary Public TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 7' ,/~ , VILLAGE DIST. SUB. LOT FOR~ER OWNER , N E ACR. S W TYPE OF BUILDING RES.~ S~S. VL. FARM COMM. CB. MISC. Mkt. Volue ~ND IMP. TOTAL DATE REMARKS AGE BUILDIN~ CONDITION N~ ~/ NORMAL [ BELOW ABOVE FAItM Acre Volue Per Volue Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Hobse Plot DEPTH ~ ~ ~ ~ BULKH~D Total DOCK M. Bldg. Extension Extension Extension Porch Porch /F7~ TRIM I 1¢ Foundation Fire Place Type Roof Recreation Room Dormer Breezeway Driveway Garage Patio C)~ B. Total Both ~. Floors '~ Interior Finish 3 Heat /, '~' Rooms 1st Floor Rooms 2nd Floor inette /~"/,~-V-/~ TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER STREET/--/~// ~._. VILLAGE DIST. SUB. LOT FORMER OWNER N ~l'~'~c) I~c~_.., ~r~, W ~PE OF BUILDING ~ND IMP. ~ToTA~ DATE REMARKS '. 3~, ~ ~c / ~ 6,~ AGE BUlL~IN~ CONDITION N~ NO~AL BELOW ABOVE Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot. , DEPTH , BULKH~D [oral DOCK M. Bldg. Extension COLOR TRIM Foundation Basement Extension Ext. Walls Extension Fire Place Type Roof Porch Recreation Room ~' Porch Dormer Breezeway Driveway Garage Patio O.B. Total Both Dinette Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo, TOWN OF SOUTHOLD PROPERTY RECORD CARD f~. OWNER .STREET ¢ ~/¢ VILLAGE DIST.' SUB. LOT AGE BUILBIN6 60NBITION N~ NOeL BELOW ABOVE F~ Acre Value Per Value Acre Tillable 3 ,W~land :~ampland FRONTAGE ON WA~R Bmshla~ FRONTAGE ON ROAD BULKH~D Totel COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Foundation ~_~ ,~ · Both Basement -~) ~7 Floors Ext. Walls Interior Finish Fire Place Heat Type Roof '~ ~ ~ '~ Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway Dinette K. LR. DR. BR. FIN. B. Z97~- Total Patio H~NRIETTA A. MORMILE ~ BREVOORTPLACE ROCKVN. LE CENTR£f · Mw^.° ,, ZONING DISTRICT R ~0 SURVEY OF PROPERTY FOR LOT LINE CHANGE' A T-LA UREL . TOWN OF SOUTHOLD SUFFOLK COUNTY,, ~ Y. 1000 - 128 - 04 - 09,15 & Nov. 9.1992 $ou~r. DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY Of SUFFOLK ROBERT J. GAFf NEY SUFFOLK COUNTY EXECUTIVE ARTH KUNZ DIRECT July 1, 199 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Petikas, Theodore and Maria Mormile, Henrietta and Arthur 4170 4174 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 P~suant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~L~0~ssion: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.3 Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit Appeal No: 4174 Applicant: Henrietta and Arthur Monmile Location of Affected Land: 270 Pvt. Rd. #6, Laurel, NY County Tax Map Item No.: 1000- 128-4-9, 15 and 16 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airpo~proval of Comments: Applicant is requesting ~m~i~x~ ~a non¢onformin~ lot area of · two parcels in the pendinq application for re-division of land Copies of Town file and related documents enclosed for your review. Dated: June 29, 1993 APPEALS BOARD IVIEMBERS C-emrd P. C~oeh~inger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV(N OF SOUTHOLD June 25, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer, Esq. Main Road r Box 1466 Southold, NY 11971 Re: Appl. No. 4174 - Mormile Readjustment of Substandard Lots Dear Rudy: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our June' 22, 1993 Regular Meeting. Please be sure to return to the Town Planning Board, Building Department and any other agency which may have jurisdiction in this project for issuance of other necessary approvals. We have furnished copies of this approval to the Building Department and Planning Board offices for their update and permanent recordkeeping concerning the issuance of the May 7, 1993 Notice of Disapproval. Also, since this project is located within 500 feet of the Great Peconie Bay, a copy of this file has been referred to the Suffolk County Department of Planning. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Department of Planning PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 9, 1993 Rudolph H. Bruer Edson & Bruer P.O. Box 1466 Southold, NY 11971 RE: Lot Line Change for Henrietta Mormile and Arthur SCTM#1000-128-4-9, 15 & 16 & Marian Mormile Dear Mr. Bruer: The Planning Board has received your letter of June 23, 1993, requesting final approval of the above referenced project. The Planning Board will require five copies of the map showing the house on parcel SCTM# 1000-128-4-16 before the Board can give any possible final approval. If you have any questions, or require further information, please contact this office. cc: ~ dY/Y°U~s, / Chairman Gerard P. Goehringer, Chairman Zoning Board of Appeals Thomas Fisher, Building Inspector PUBLIC HEARING · BOARD OF ZONING APPEALS TOWN OF $OUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) P r e s e n t : HON. GERARD P. JAMES DINIZIO, GOEHRINGER, Chairman JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 32 June 22, 1993 APPLICATION NO. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Tax Map ~arcel No. 1000-128-4-9, 15 and 16. is approximately 23,000 square feet. 8:16 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a sketch of a survey --actually, it is a reduced survey from Peconic Surveyors, indicating Parcel One of 7,500 square feet, and the nature of this application is to add 2,322 square feet to it, making it a total of 9,822 square feet. It contains a one-story dwelling, an older one-story frame dwelling. Two is 10,648 square feet. The nature of this application is to add 4,613 square feet in the division line, and therefore redividing the two parcels, which to my knowledge from looking at it, I believe is one and a half or two-story frame home. Who is representing Mr. Mormile? Appearance: Rudolph H. Bruer, Esq. Main Rd., Southold, NY, for Applicant Good evening, Mr. Chairman and Members of the Board. THE CHAIRMAN: Is there any specific reason why they have taken this division in the manner in which they have Laurel, NY; County Total area combined ZBA HEARINGS 33 June 22, I993 requested the lines to be divided? I mean, as opposed to takine a diagonal or whatever the case might be? MR. BRUER: I really don't know the answer to that question. It's the way they submitted it to me. I didn't get into any reasoning on it. It seemed to make sense to me based upon the way the building is situated on the lot No. 1 shown on that map; it seems to me where going over to the other lot already is to have it turn out that way, makes more sense than anything. THE CHAIRMAN: Are we of the understanding there are two CO's on these dwellings, and they have existed for a relatively long period of time, and that is basically, that we are redividing a piece of property which is now merged? MR. BRUER: That's correct. The one on the survey in the name of Henrietta O'Neil, those two lots as you can see from the deeds, are in her name. THE CHAIRMAN: This is merger by death? MR. BRUER: No, I don't think so --by mistake really. THE CHAIRMAN: By mistake, all right. MR. BRUER: But what you are doing here, I believe you have a letter there from the Planning Board? THE CHAIRMAN: Right. MR. BRUER: And I think that the second paragraph of that letter expresses it very clearly --the relief we are doing here, we are really taking three lots and making two out of ZBA HEARINGS 34 June 22, 1993 them, not increasing the density, not increasing the houses here, not increasing anything more, other than taking really in a sense one lot off the rolls and definitely merging and having just two lots. THE CHAIRMAN: Does anybody have any questions on that? Jim? Rich? Anybody have any objection to it? (No response from the Board.) THE CHAIRMAN: Are you going to make the motion? MEMBER DINIZIO: N©, let Rich make lt. MEMBER WILTON: So moved. (Seconded and carried; see Clerk's Minutes.) THE CLERK: They approved it. MR. BRUER: Thank you very much. THE CHAIRMAN: We must be in a beneficent mood tonight. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mar~. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE Telephone(516) 765-1938 TOWN OFSOUT~OLD TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Richard G. Ward, Chairman~ RE: Proposed Lot Line Change for Henrietta Mormile SCTM# 1000-128-4-9, 15 & 16 DATE: June 18, 1993 SCOnFr L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Thank you for bringing to the Board's attention the fact that the map sent to you o~ the above reference~ project ~oes not show the second hous~^ ~ ~ coor~,~e~ ~ The Board is in favor of this lot line change which will make the non-conforming lots that have houses on them larger and eliminate the non-conforming vacant parcel. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Rieha~ C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Mr. Richard G. Ward, PB Chairman Valerie scopaz, Sr. Planner June 14, 1993 Your File - Arthur & Marian Mormile 1000-128-4-9, 15, 16 We thought you would be interested to know that the map before you in the above matter attached to your March 23, 1993 SEQRA transmittal letter does not show the second house. On Friday, we requested and received the attached sketch prepared by the owner (c/o William Price, Jr., Esq.). A copy is furnished for your records and information/update. The public hearing advertising this matter will be held by the Board of Appeals on Tuesday, June 22, 1993, and we will accept written comments on or before that day. GG:lk GREENPORT, NEW YORK 11944 TI~LEPItON£ NIJMBI~: (516) 477-1016 FAX: (516) 477-0130 Rudolph H. Bruer, Esq. Edson & Bruer Main Road P.O. Box 1466 Southold, New York 11971 RE: MORMILE LOT LINE CHANGE June 4, 1993 Dear Rudy: Enclosed herewith please find copy of survey onto which Mr. Mormile has sketched the location of the dwelling on lot Lot 2. Mr. Mormile has advised me that the sketch is fairly accurate to scale. If you have any questions, please do not hesitate to contact me. WHP/lmt enclosure Office Location: 828 Front Street, Greenport, New York 11944 ~ ~. % '~= '.$.o.".~. ~.oo'~ SURVEY OFPROPERTY ~ ~,... ~ FOR .l L 0 T LINE CHANGE > -=- ~ ' A TLAUREL ~ ~ ~ R~~ J' . TOWN OF SOUTHOLD OWNER ~NRIETTA A. MORMILE $1 BREVOORT PL,~CE ROCKVILLE CENTRE, N.Y. Scale: 1:'= 40' Nov. 9,1992 ZONING DISTRICT R 40 ELEVATIONS SHOWN THUS, 2~ ARE REFERENCED TO MSL. 100 0--12 . ..~ SITE PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S, McDonald Kenneth k Edwards Telephone (516) 765-1938 Rudolph H. Bruer Edson & Bruer P.O. Box 1466 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OFSOUTHOLD March 23, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Lot Line change for Henrietta Mormile and Arthur & Marian Mormile SCTM~ 1000-128-4-9,15 & 16 Dear Mr, Bru~r: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 22, 1993. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determine of non-significance and grants a Negative Declaration on this Type I action. Enclosed find a copy of the Negative Declaration for your records. Very truly yours Encl. Richard G. Ward Chairman PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OFSOUTHOLD 'State Environmen~a± Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance March 22, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect'on the environment and a Draft Environmental Impact Statement will not be prepared. Fax (516) 765-1823 Name of Action: Proposed Lot Line Change for Henrietta Mormile and Arthur & Marian Mormile SCTMg: 1000-128-4-9, 15 & 16 Location: Peconic Bay Blvd. Laurel SEQR Status: Type I ( X ) Unlisted Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change is to subtract 2,322 square feet from a 6,935 square foot parcel and add it to a 7,500 square foot parcel, and to subtract 4,613 square feet from the same 6,935 square foot parcel and add it to a 10,648 square foot parcel, thus creating two parcels from three existing parcels in Laurel. Page 2 Henrietta Mormile and Arthur & Marian Mormile SEQR Negative Declaration Con't. Reasons Supporting This Determination: This project involves a lot line change that will r~sult in two lots both with existing houses being created fr~ three existing parcels; thus the change will not be a mor~ intensive use of the land. ~.All thr~e lots are non-conf~rming in area. The applicant has applied to the Board of Appeals for an area variance. This change will increase the size of the two surviving ~ots in this R-40 zone in keeping with zoning in this area. The applicant will have to comply with the requiraments of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal syste~. Design and flow specifications, subsurface soil conditions, and site details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the Suffolk County Sanitary Code (SCSC) and the Suffolk County Department of Health Services (SCDHS) and the required obtainment of the relevant permits. -- An Environmental Assessment has been submitted and reviewed.' It was determined that no significant effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Com~nissioner, NYSDEC, Albany Judith Terry, Town Clerk Building Department Zoning Board of Appeals Applicant .I ~',,~o, NOTICE OF ~i ,PUBLI.C ~EARING, s: NOTICE IS HEREBY GIVEN, pursuant to~ Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN 'i~OARD OF. APPEALS, at the Southold Tow, n. Hall~ 53095 Main Road, Southold, New York .11971, on TUES- DAY, JUNE 22, 1993 com- mencing at the times specificd below ,';'~¢', ,,. .: J. 7 30 p.~n. '~ppl I~0. 41~2 - JANET A. FERGUSON. Request for' Variance to the Zoning Ordinance, Article Sectio? 100-101. (Bulk Schedule) for permission to construct ,! aingle-family residence (in lieu of construc- ting business building with reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550 +sq. ft.<~,r, operty: Westerly side of ~ Central,,',.Av~nue. : Isla~fl, Ny; County Tax Map , Parcel No. 1000-066-008-006. :' ~2 & 3'. 7:35 i~.~n. THOMAS ~W~,. ~,U,~KNER,. ;Property Location:., Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. (a) AppL No. 4152 - Reques)l[ for a variance unde~ Article XXIII, Section 100-239.4(C) [ to permit addition to dwelling [ with an insufficient setback{ from freshwater wetlands; ,, (b) Appl. No. 4.171.- Requesi for a variance underArticle 111 ,Section xl00-J2~ Bulk Schedal~ for permission to construct westerly addition to dwelling with an insufficient side yard setback in this, R-120 zone district %~4~ 7;40 p.m Appl. M~GIAMELE. Request for variance under Article IliA, Section I00-30A.4 1100-33) for permission to locate accessol~ garag6 in the front yard area. This parcel technically has two front yards. Location of Pro- petty:'3180 Duck Pond Road, Cutchogue, NY; County Tax ':'.Map ,Parcel No. 1000283-2-19.7.. ~ (5.~ 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD, "and ALLBOBRICK REALTY CORP. Request for approva~ of square footage/dimensions of second ground sigfi, as pm, posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is iden- tified a~ .Suffolk Count Tax,,:!Map ~arcel ~ 1000-114-11-9.3,, 6. 7:50 p.m. Appl. No. 41¢ - THEODORE AND MARIA PETIKAS (as fcontract vendees}. (Owners: John, Phillipedes, and others). quest for. Variance to the Zon-, ins Ordinance, Article XXIII, Section 100-239.4A. and Arti- Cle XXIV,~ Section 100-244B, for permission to locate new dwelling structure with an in. sufficient setback from the bank along the Long ,Island Sound and sideyards at less than the required 25 feet. This · application is a new location ' different from. that considered and altematively granted un'- 'der Appeal No. 4078 rendered 'April, 22, 1993. Location' of/ Property:~North ,Side of Soundview,,;Avenue, Southold, NY; Coun~y}"Pax' Map Parcel' - No. 1000q35-1-27. This parcel is nonconforming as to total lot area at 11.000+ sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending ap- plication for 're-division of land. Location of Property: 270 Priyate Road, .#6, Laurel, NY; County TaxMap'Parcel No. 1000-128-4~9, 15 and 16. Total area combined is appm~ finaiely 23,000~square feet. ~ ~! ". 8. 8:00 l}.m. ~ppl.~No. 4176 ~t~]OHN nN,.D CONSTANCE' ,~RONIN,~%Reilue~t ,! for Variance to the ~lfng Or- dinance. A'?ficle Il IA, Section 100-30A.3 :for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7, ';~'~:~ ~,,. ' ,.,,~,,,, 9. 8:05 p.m.' 'VARUJAN ARSL'ANYAN. Request for .Varian~e to the' Zoning Or:I d nance~ Article XXIII, Sec- I tion 100-239.4 as amended May 20, 1993 for ' ' to construct open deck-spa ad- dition with an insufficient set- back from the bank along the Long Islan~d Sound. The lot[ area and ~vidth,o[ ~h!s parcel ] are nonconforming and are{ located in tbe R-40 Residential ] Zone Di,strict. Location of] Prop6rty: 5,4455 'Coun!y Road ] 48, t~;Greenpbrt , :'~neaLl Southold); County Tax ,Map Parcel No. :1000-52-1-8; ilso referred' io i~s combined Lot #1 & 2 6h the Land ,M~ap of~l Young & Goodale. ,' "-,"~ ,.0~:.",~] '10. 8:10 p.m. PATRI&IA STIEFER. This s an Appeal of the June 2; 1993 N&iee o'f Disapproval, issued by th~l Building lnspector"f0~: i/ction~ by the. B under the 1000-018-06-005. "Subject premises Consists of 10.5+- acres and is located in the R-80 Zone DistriCt: :~ place hear any and'all persons or represen- . tatives desiring to be heard on/ the 'above matterg.,';Written ' comments may ,also be' sub- 'initted prior to the c6nc~lusion .of the gubject hearing. 'Each ~earing will '60t"stai~ need to ~luest more informa- tion, please call 765-1809 of visit Date, d: June 8, 19-93...,* i-.~, .~ .,'~L,~i.~ :'~ BY ORDER OF'THE .~,y~g~ ~. SOUTHOLD TOWN ~;,:BOARD OF APPEALS GERARD ~ GOEHRINGER !~'~:,'~',~l~ ~ CHAIRMAN )'~, ,?'/'}~¥~ by ,hnda Kowalsk~ or may not perty: ,67,6.0 Sound Matti(6cI~( 'NY; 'Map ~Parcel ~. ~1000-121-4-8.1; '~l'~6~i'~f, err~i~ tis',a~ Lots #1 and #2 ~of ~he Minor~gubdivision of Sundown Farms: Subject premises contains a total area of 13.3658 acres.',~'~;7. , I1 8 20 p m~ AppL N6. i169 2 Appfication '~y GORDON PRICE' seekin~ a R~ersal of Building Permit g21375Z~ issued by thl Building Ins~c- tot on April 29, 1~3 to Mark ang Mary Bess~,Phillip~ owners,~on the grounds that applicant misrefi~ented that "the proposed ~e :is ."a~~ a~?icditural building; A~iicl~' lIl, Section 1~-31A(2) of the ~ning Ordina~c~ ~cati~n] :~of ProlOg: 24850 M~n Roa{~ ~;~S.~.~ 25), '~rlent,: 'i~ '~,~k~ :Mab' P~i~el <No~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, o~' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and Ihal the notice of which the annexed is a orinted copy, has hee~ published in said Long Islancl Traveler-Watchman once each week for . . . i. ..... '.. ' ' /J ' ...... ~ ..... ~ .... weeks successively, corn mencing on the ......... ./.~...'~. ....... Sworn lo before me Ibis .......... Z ......... day.of .......... ...... ~c~; ~ NOTICE ~NOTICE. IS HEREB GIVEN, pursuant to, S~tiom 267 ~f the Tow~ ~w and the~ Code , o[t the Town, Southo[8, that the following public h~arin~ will be held t~e SOUTHOLD ' TOW~' BOARD OF APPEALS, ~ at' the Southold Town HaIL 53095 Main Road, Southold, N~ York 119~1, on TUES- Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of Row York . No. 480~,346 Qualified itr Suffolk County C~mmission Expires a~/31/~l¥ MANGIAMELE~ Request for! variance under'Article IliA, Section 100-30A.4 (100-33) for ,. permission to locate accessor~u garag~ in the front yard area.il This parcel technically has two front yards. Location of Pro-. petty: 3180 Duck Pond Roadi Cutchogue, NY; County Tax';: Map' Par.c, elI Nm 1000~83~2-19~73. '; ':~ 5~ 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRI~K REALTYi CORp. Request for approval' of Square footage/dimensions Variance to: ~he Zoning Or-' i000-01~06:005- dinance, K?ficle IIIA, Section premises Consists of 10.5 100-30A.3 for approval of deck with insufficient rear and, side'yards and in excess of lot~ coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion,~ NY; County Tax Map l~arcel No. 1000-37-3-7~ ~'~: ~ :. 91 8:05' p.mi: VARUJAN ARsLANYAN. ReqUest, for .Variande to the Zoning or~, dinance, Article XXIII, tion 10o-239.~[ as amended~ May 20, 1993 for permissioo to consmict open deck-spa ad7 acres and is located in the R-SO'. Zone DIstrle~;~ The Board of Appeal~ wi~l'~¢ at said time and place hear any: 0 and all persons or represen- ~? · tatives desiring to be heard on/ the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start .h~ the times designated abov~ 'If~ YOu wish to g~i~ the files or~ n~d to ~uest more info~a- tion, please call 765-18~ or of second ground sign, as pr~: ition with an insufficient set, posed. Location of Property:: back from the bank along the~, 13400 Main ROad, Mattituck,i Long Island Sound. The 1o~, NY. Subject prem scs is zoned area and width of this parcel.. Hamlet-Business and is iden- are nonconf6r~ning and are t~ied as Suffolk County loCatedin'th&R-40Residential l~ Map' Parcel N,o. Zone Districts~lliPcation of. n1~)0.il4.11-9.3 i '.t,~ Property: 5445~bUnty RSad 6. 7:50 p.m. Appl .N.o. 4..1.77 4~8:,.,?,r. ee~n~.P~,r.t, visit our office~,~'c~::;l:~;~!t~:3L ',~ ) Dated: June 8, 1993,; , :. :~ BY ORDER OF THE SOUTHOLD TOWN ~' BOARD OF APPEALS GERARD P. GOEHR1NGER ~ . CHAIRMAN ,~ ~ 'bY Linda Kowalski ~ IX-6/10/93(49) ~'' APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. l~bert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ]993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a · delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms~ obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele 3180 Duck Pond Road · Cutchogue, NY 11935 Mr. and Mrs.'Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. (Re: H. Mormile) Main Road - Box 1466 (Re: P. Stiefer) Southold, NY 11971-1466 Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: G. Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. obe . '11 Ri c]~ar~ '~I ~ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June ScoTrL. HARRIS Super~sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1 , 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4174 Project/Applicants: M0rmile, Henrietta and ors. County Tax Map No. 1000- ]28-4-9. ]5 and ]6 Location of Project: 270 Pvt. Rd. #6, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot line change insufficient area of two 10ts This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3[j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 F~-b£uary 17, 1993 Rudolph H. Bruer Edson & Bruer P.O. Box 1466 Southold, NY 11971 RE: Lot Line Change for Henrietta Mormile and Arthur & Marian Mormile SCTM9 1000-128-4-9, 15 & 16 Dear Mr. Bruer: The deeds for lots number nine (9) and fifteen (15) for the above project are both in the name of Henrietta Mormile. As both lots are undersized for this Low Density Residential R-40 District, and are owned by the same person, the lots are considered merged by the Building Department and the Zoning Board of Appeals. Consequently, in order for this Board to give final approval on this lot line change, an area variance must be received from the Zoning Board of Appeals to further reduce the area of the nonconforming merged lot from 14,435 square feet to 9,822 square feet. A Notice of Disapproval from the Building Department will be needed to apply to the Board of Appeals for the variance. If you have any questions, or require further information, please contact the Building Department at 765-1802. cc: Very truly yours., Richard G./~ard Chairman Gerard P. Goehringer, Chairman Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman G~orge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516)765-182~ February 9, 1993 Rudolph H. Bruer Edson & Bruer Main Road P.O. Box 1466 Southold, New York 11971 RE: Lot Line Change for Henrietta A. Mormile and Arthur & Marian Mormil~ SCTM#1000-128-4-9,15 & 16 Dear Mr. Bruer: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, February 8, 1993. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, established itself as lead agency. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD CONFIDENTIAL MEMORAND~ SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Richard G. Ward, Chairman Southold Town Planning Board Jerry Goehringer, Chairman Board of Appeals February 3, 1993 Planning Board Agenda for 2/8/93 1000-128-4-9, 15, 16 - Mormile It is requested that before action is taken by the planning Board concerning this project that the map be reviewed by the Building Inspector and/or Town Attorney's as to the need for variances. Apparently, substandard lots are involved (two of which are merged), and there is no record of a single and separate search. It is possible that a single and separate search will show that the entire tract is merged. Ail lot line changes and/or minor subdivisions concerning substandard lots are normally within the jurisdiction of the Board of Appeals, as referred by the Building Inspector. Please feel free to ask Bob to contact Linda since I will not be available (out of state as of 2/ 4/93). Thank you. AGENDA February 8, 1993 SETTING OF NEXT PLANNING BOARD MEETING Board to set Mpnday, March 1, 1993 at 7:30 P.M. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Hearings Held Over From Previous Meetings~ Hillcrest Estatesr Section 2 ~ This major subdivision is for 20 lots on 22.9 acres located in Orient. SCTM~1000-13-2-8-5. Eleanor Sievernich - This minor subdivision is for 2 lots on 3.743 located on the east side of Cox Neck Road in Mattituck. SCTM~1000-113-8-5. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Fred L. Terry, Estate - This minor subdivision is for 2 lots on 33 acres located on the south side of Main Road, 2678 square feet east of Narrow River Road in Orient. SCTM~1000-19-1-8. Henrietta A. Mormile and Arthur & Marion Mormil,~ - This proposed lot line change is to create 2 parcels from 3 existing parcels. This is'a Type I action within 500' from Peconic Bay Boulevard at Laurel.. SCTM~1000-128-4-~,"~5 & 16. Sketch Determinations: S. H. Friemann& Others - This minor subdivision is for 3 lots on 19.596 acres located on the north side of Main Road; 1658.7' west of Cox's Lane in Cutchogue. SC~1000-102-2-24. /o .~:,r~ing Board ~ · . = February 8, 1993 nd Determinations: Farmveu Associate~ - This major subdivision is for 47 iots on 111.764 acres located southwest si~e of Sound Avenue and Aldrich Lane in Mattituck. SCTM,1000- _ _ /9~,~ 3 ~ · ~ 121 3 2. / MAJOR ~D MINOR c,,~+~'~-- ~, · .... ~ -uo~zvz~zuNS, LOT LINE CH~GES, SET OFF ~ APPLICATIONS - STATE ~IRONMENTAL QUALI~ REVIEW ACT Lead Agency Coordination: ~]~ ~-3a{'; Ra~ond B. ~ ! Prudence G. Gary and Fishers Island Deveioomen~ Cor~ ..... ~ This proposed lot line chan~is to subtracc .07 acres from a (spur) private road owned by F.I.D.C.O. and add it to a 1.73 acre parcel; and subtract .06 acres from the same private Spur road and add it to a 1.85 acre parcel, thus eliminating the private spur road. SC~1000-4-5-13 & 14. S. H. Friemann, & Others - SCTM~1000-102-2-24. APPROVAL OF PLYING BOA~ MINUTES Board to approve the October 19, 1992 and November 23, 1992 minutes. · OTHER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman G~:orge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 9, 1993 Rudolph H. Bruer Edson & Bruer Main Road P.O. Box 1466 Southold, New York 11971 RE: Lot Line Change for Honrietta A. Mormile and Arthur & Marian Mormil~ SCTM91000-128-4-9,15 & 16 Dear Mr. Bruer: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, February 8, 1993. BE IT RESOLVED that the $outhold Town Planning Board, acting under the State Environmental Quality Review Act, established itself as lead agency. PleaSe contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Victor Lessard, Principal Buildihg Inspector Gerard P. Goehringer, Chairman, Zoning Board of Appeals JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 1, 1993 ZONING APPEAL APPL. NO. 4174 - ARTHUR & MARIAN MORMI LE Transmitted herewith is Zoning Appeal Appl. No. 4174 - ARTHUR & MARIAN MORMILE together with the Notice of Disapproval from the Building Department, the Notices of Adjacent Property Owners, the Short Environmental Assessment Form, a copy of the Survey Map, the Zoning Board of Appeals' Questionnaire, and a copy of the deed. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM FoT UNLISTED ACTIONS Only PART I--PROJECT iNFORMATION (To be completed by Acplicant or Project sponsor) ARTHUR MOP. MILE AND MARIAN MOP, MILE I ~' PROJECT NAMB 3, PROJECT LOCATION: M.o~=*oa.~ LAUREL ' County SUFFOLK SEQR SCTM# 1000 - 128 - 04 - 015 Off Peconic Bay Blvd., Laurel, NY Merge SCTM 1000-128-04-015 with SCTM 1000-128-04-16 with lot line change 7. AMOUNT OF LAND AFFECTED' WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? (~] Park/ForesUOgen soace [] Otne¢ 10. DOES ACTION INVOLVE A PERMIT APPROVAl.. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE'-'''~'~'-''--~ A.o.¢a,~,,s.on.o, ..~._ RUDOLPH, H. BRUER FOR ARTHUR & MARIAN MORM~LFe.,.. ,5/ ;-/93__ _ If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form belore procoeding with this assessment OVER 1 '(Continued on reverse side) of th~he~N'Y'S' Environmental Qualit ~s term, and a. environmental r~v~eVlew Ac~ requires submission -before any action is taken, ew will ue ma~e by th~s ~oard (a} In Order to answer the questions in this short EAF it is assumed that the preparer will use currently available information COncerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will he undertaken. (b) If any question has been answered Yes the project may he sig- nificant and completed Environmental Assessment Form is necessary. (c} If all questions have been answered NO it is likely that the project is not significant. (d} ~nvironmental Assessme~,~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ~_~es Z. WAll there be a major change to any unique or un~ual land form on the site? 3. WAll project alter or have a large effect on ~Yes 4. Will project have a potentially large impact on ~Yes groundwater quality? 5. Will project significantly effect drainage flow ___Yes ~No on adjacent sites? 6. Will affect any threatened or plan=Pr°ject endangered Or animal species? 7.Will project result ia a major adverse effect on air quality? ' .__Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic Views or vistas .- known to be important to the community? . ___yes~N0 9. Will project.adversely impact any Ute of historic, Pre-historic, or site or struct~ importance or any site designated paleontologica[ as a critical environmental area by a local agency? ~es ~No 10. Will project have a m~jor effect on existing or future recreational Opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? - 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? ~Yes ~3. Will project have auy impact on public health . 14. Will project affect the existing community by '~Yes o directly causing a growth in permanent popUla- charact~ of the community or neighborhood? 15. Is there public controversy COncerning the project? Ptep~rer'cSignature=~~W~,4~,~_ .___~es~No QUESTIO~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of : the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises liste~ on the real estate market for sale. or being shown to prospective buyers~ ~ Yes {' } No. (If Yes, ?]~e a~-h cu~Z af'"con~,, of sale.) C. Are ther~ ar~ ~ruposals ~D =hange ~r al~er land cuntcu~? { } Yes ~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas s~own on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and the upland building area? ~40 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~A~'. ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~s_~ which e~4 ~t and are not ~h~n cn the survey map that you SUbmitting? ..~o If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ 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. I. Please list p~esen~use or operations conducted at this parcel (~ ~u ;t~cF and proposed use ~ ~ ~or~ed-sig-na=ure-a~d Dk~ 3/87, 10/901k § 97-13 WETLANDS § 97-1.2 TOWN -- The Town of Southol~ TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added &'5-~4 by L.L..No. 6-1984! V~ETLA~RFDS [Amended 8-26-76 by ~ No. 2-1976; 3-26- (1) All lands generally covered or in~rmittently cov- ered with. or which border on. tidal wam~. or lands lying beneath tidal waters, which at mean iow ~ide are covered by tidal wa~ers ~ a maximum depth of five (5) feet. including but not limited ~ ban~. bogs. salt marsh. Swamps. meadows, flare or o~her {ow lying lands subject ~ tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grmvs or may grow some or any of the followln~ salt hay. black grass, sa{twor~, sea lavender. ~11 cordless, high bush. cut,ils, grouu~e~ ~z~nUow ~d ~w (3) AIl ~d immediate~ udjacent ~ a tldal W~iand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landmvard edge of such a tidal wetland. FRESHWATER WETLANDS:. (i) "Freshwaler wetlands" as defined in Article 24. Ti- fie 1. ~ 2-1-0107. Subdivisions l(a) lo l(d) inclusive. of thc Environmen~l Conservation Law of the S~te of New York; and (2) All land immediately adjacent to .... land. as defined in Subsection B(1) and {ying with- in seventy-five (75) feet landward of the most {and. ward edge of a "freshwater wetland." 9705 2-25-85 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 RE: SCTM 1000 128 Gentlemen: 04 - 009 and 015 Please be advised that we are the co-executors of the Estate of Henrietta A. Mormile, fee owner of the. subject premises. The estate is currently under contract to sell part of lot 15 to Arthur and Marian Mormlle. Part of lot 15 will be merged with SCTM 1000 - 128 - 04 - 016 and the remaining property will be merged with $CTM 1000 - 128 - 04 - 009. We approve of said change. Very truly yours Cheryl PrJ~chilo Co-executrix of the Estate of Henrietta A. Mormile Sworn to before me this Notary Public Charles Mormile Co-executor of the Estate of Henrietta A. Mormile Sworn to before me this Notary Public ,VI~'A Nm~lm~ Nm~ IIIlII ~lfI, II mii'lIeIill (q /-,,6"/' ,IRR GbNSULT YOUR LAWYER E SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD IE USED IY LAWYERS ONLY t, : 8751 THIS INDENTURE, madethe 7th day of December , nineteen hundred and seventy-nzne BETWEEN EUGENE G. BELZ and EDNA M. BELZ, his wife, both residing at 9509 243rd~'S~e~c, Bellerose~ pa~y of the first part, ~d ~~ .... . , : i ..... ...... EUGE~ ~R~ and ~IETTA A. ~R~, his wife, both residing at 32 Brevoort Place, Rickvill Centre, New York, party of the second part, WITNIrSSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or' parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~b~ a part of the land formerly owned by John Hallock situate, lying and being at Larel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly line ot land of the parties of the first part 171 feet southerly along said line from the southerly line of Peconic Bay Boulevard and adjoining land of Bacchus; RUNNING THENCE easterly on a line at right angles to the last described line, 7~ feet; THENCE along the westerly line of a strip of land reserved for a right of way and parallel to the first described line 100 feet; THENCE westerly on a line at right angles to the last described line 77 feet to said land of Bacchus; THENCE along the last described land north .... "~ ~a~caJ CC r,±n'-~tc£ west 100 feet to the point or place of BEGINNI,NG. DIST: 1000 / SEC: 128.00 BLOCK: 04.00 LOT: 009.000 I~L F::~S TAT E DEC 2 4 1979 TRAN!S FF-R T,AX S U'FPCW_K COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lin%s 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,pai-ty 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, 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. CONSIDERA- tion THIS INDENTURE, ma,:t~, Ll~e ~ --1~ day of 14ay , nincleen Imn4,cd ,md eighty-four EUGENE ~DRFLILE & }{~iNRI~]"fA A. ~&DP~4IIg, his wife, both residing at 32 Brevoort Place, R~;kv]lle Centre, Nc~ York party of the first part, and I~NTRLE~A A. 14DP~4XI~, 'residfng at 32 Brevoort Place, Rockvi]le Centre, New York part)' of the second part, ~ ;~ I,' L~ 2 ~ WITNESSETH, Ihat the party of Iht fi~ >l part, in consideration of ten dollars and other valuable consideration paid by tl~e party of lhe second pact, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, l)ing and bcing3~ a ~ of ~e l~d fo~rly ~m~ ]~ Jo~ Hallock, situate, ly~g ~d ~ing ak I~el,~ ~e ~ of ~u~old, ~ty of Suffo~ ~d Sta~ of New York, ~m~d~ ~d descri~ as follow: BEG~G at a ~t on ~e westerly l~e of l~d of the ~ies of ~e first ~ 171 f~t ~utherly along ~id l~e fr~ ~e ~u~erly l~e of P~nic ~y ~ulev~d ~d adjo~q~g l~d of ~cchus; R~ING ~ eas~rly on a l~e at right ~gles to ~e last descri~ l~e, 75 f~t; ~ along ~e ~sterly 1~ of a strip of l~d rcse~ for a right of ~y ~d ~rallel ~ ~e first descr~ l~e 100 f~t; '1'15~ x~sterly on a l~e at right ~gles to ~]e last descr~ l~e 75 f~t to said l~d of ~cch~; ~ along ~]e last descr~ l~d l~r~ ~st 100 f~t ~ ~e ~t or place of BEGGING. ~ing ~d ~tend~ ~ ~ ~e s~ pr~ses as was descr~ in d~ re~rd~ ~c~r 24, 1979 ~ L~r 8751, ~ge 156 Said Pren~ses also known as (No Street Number) Peconic Blvd., Laurel, N.Y. Dist: 100~ Sec: 128.00 Blk: 04.00 Lot: 009.00 '~ ~L~~' II REAL/E?'- : JUN 1 5/984 TRANSF£~ - !X SUFFOi - COUNTy TOGETHER ~ith ail right, title and interest, if any, of thc party of the fir_,t part in and to any streets and rna(is abunmg the above de~,crilx, d premises to the center lines thereof; TOGETHI'2R wid~ the appu,tenances and all thc estate and righls of the party of the first part in and I~ said premises; 'FO HAVE AND TO I{O1.D the premises ;,,'rein granted unto the party of the second part, the heirs or successors and assigns of thc party of the ~econd part forever. AND Ibc party of the first part covenants that the part)' of the first part has not done or sufftrcd anything xdqercby the said premises have been t-ncumbercd in an)' way x~hatcxer, except as aforv~.aid. AND thc party of the first part, in caInpliance x~ilh Sccth)n 13 of thc Iacn l.aw, cov,:nams that Iht party of thc first part ~ill receive the convideralion for this conxcyancc and will hoht the right to n-ceive ~uch' consid- eration as a trust fund to be applied first for the purt,o>e of pa)lng the cost of the improvcm-'nt and x~ill apply the 5atne first to the paament of thc cost of the improvemt, nt before using an)' part nf the total of the same for any other purpose. The word "party" shall be corn-trued as if it r~ad "parties" wiltncvcr the _-ense of this indent!ne .'5o rvqt:ircs. IN WITHESS WHEREOF, the party of the first part has duly ,:xccme~d !h!Ld~-ed the ,!ay ;,nd 3ear fir?t above Eugene I k)tqnile ~ONSULT YOUR LAWYER ~ORE SIGNING THIS INSTRUMENT.THIS INSTDUMENT SHOULD IS USED BY LAWYERS ONLY %G751 ~'IND~-'NTURE, madethe 7~h day of De ~ember , nineteen hundred and seventy-nine BETWEEN EUGENE G...BELZ and EDNA M. BELZ, his wife, both residing at 9509 243rd Str,~St~Rl,~llero~T~a,~sau,. ~w.¥Qrk.~.,~,. LOT HENRIETTA A', M~RMILE, r~iding at 32 tBrevoort Pl~e, Rockville Centre, 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 par~y of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and belng~xkh~ at Laurel, Town of South01d, Suffolk County, New York, more particularly bounded and described"as follows: BEGINNING at the North~st corner of the land of ~be parties of the second part, which point is South 15 degrees 47 minutes ~0 seconds East 171.0 feet from a point formed by the intersection of the southeasterl~ line of Peconic Bay Boulevard with the easterly line of the land this day conveyed by the party of the first part to Connelly- and RUNNING THENCE from said point o~ beginning South 1~ degrees 47 minutes 50 seconds East along the land of the parties of the second part 100.0£ feet to the southwest corner of the land of the parties of the second part; RUNNING THENCE South 74 degrees 12 minutes 10 seuonds West along the land of the party of the first part 119.67 feet to a point~ RUNNING THENCE North 17 degrees 29 minutes 50 seconds West along land now or formerly of C.F. Lampe 15.~4 feet to the southwest corner of land this day conveyed by the party of the first part to McGowan; RUNNING THENCE North 39 degrees' 05 minutes 10 seconds East along land this day conveyed by the party of the first part to McGowan 146.84 feet to .the point o.r place of.BEGINNING. ,~/ . _ ---fi-. _ _ DISTRICT 1000 "F--L~'-&c"~32~l ,~' O. SECTION 128 . O0 BLOCK 04.00 Lot 015.000 TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lin%s 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 ,pai-ty 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, 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 a~y 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. CARD DESC SUB. CONSULT YOUR LAWYER Rq SIGNING THIS INSTRUMENT - THIS INSTR~NT SHOULD BE USED BY LAWYERS ONLY I:'~'I~Ii~'~N'DgN~I~LP_~ made the day of P dCcO~/3~, nineteen hundred and 3c5~,5-~? ~- .~. 4-~ BETWEEN HEAU~LL~'I'~A MOP~TT.V., residing at 32 Brevoort Place, Rockville Centre, N~w York, and MARION MORMTT~., residing at 28 Brevoort Place, Rockville Centre, New York, party of the first part, and ' le A~X/qUR FDRMIT.F. & ~2~T3~N MORMIL~. his wife, both residing at 28 Breuoort Place, Centre, New York, oo BLK. C)~ .{~party of the second part, WITNI~gSI~TH, that the party of the first part, in consideration of Olt. ,. ac,a__ oo/zoo lawful money of the United States, dollars, paid / by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcd of land, with the buildings and improvements thereon erected, situate, lying and beingi~b¢ at Laurel, Town of Southold, Suffolk County, New York, fibre particularly bounded and described as follows: BEGINNING at the southeast corner of land fonrerly conveyed by W. Har~y Lister to Eugene G. Belz and Edna M. Belz, b_is wife, which point is S. 15° 47' 50" E. 271.0 feet from a point formed by the intersection of the southeasterly line of Peconic Bay Boulevard with the easterly line of the land formerly conveyed by W. Harry Lister to Joseph M. Connelly and Lauretta A. Connelly, his wife; running thence S. 15° 47' 50" E. 90.0 feet; running thence S. 74° 12' 10" W. 116.98 feet along other land of W. Harry Lister now or formerly of C. F. Lampe; running thence N. 17° 29" 50" W. along land now or formerly of C.F. Lampe 90.04 feet to the southwesterly corner of land formarly conveyed by W. Harry Lister to Eugene G. Balz and Edna M. Belz, his wife; running thence N. 74° 12' 10" E. along land formerly conveyed by W. Harry Lister to Eugene G. Belz and Edna M. Belz, his wife, 119.65 feet to the point or ~lace of BEGINNIIqG. SUBJEL~ TO a 15 foot right-of-way over the westerly 15 feet of the premises for ingress and egress fr~u Peconic Bay Boulevard to Great Peconic Bay. TOC~'i'~ER with and as appurtenant to the premises herein conveyed, a right-of-way for ingress and egress from and to Peconic Bay Boulevard to Great Peconic Bay 15 feet in width, to the southerly line of property formerly conveyed to Henrietta MDrmile and Marion Mormile, and 10 feet in width from such point to Great Peconic Bay, along the westerly line of property described in a certain deed from Emily H. Terrell Talmage to W..Harry Lister, dated November 29, 1951, and recorded in the Suffolk County Clerk's Office in T.i~_r 3298 of Deeds, page 65, on December 7, 1951, to be used in c~,on by the parties of the second part and the party of the first part, his legal representatives, heirs and assigns. TOu~'.'HER with the right to use such portion of said 10 feet right-of-way as lies south of the existing bank and the northerly average high water line of Great Peconic Bay for bathing and beach purposes and for embarking and disembarking small boats. BEING the same premises conveyed by W. Harry Lister to Henrietta Mormile and Marion Normile by deed dated July 11, 1952 and recorded in the Suffolk County Clerk's office on July 17, 19~ 3380 of Deeds at page 66. I R~A,I_ ,-ST,:, s a ~ . A?R 1 41gBO · ~ /" T~A,~ m,u r UCE '" | R E C 0 R D E D APR14 1980 Clerk of Suffolk County © cou.~¥ o~ su~o,~ I~..~ ~o~ Real Properly Tax Service Agency WILLIAM H. PRICE, JR. A~ITORNEY AT LAW 828 Front Street PO Box 2065 Greenport, New York 11944 Telephone Number (516) 477-1016 Fax Number (516) 477-0130 February 26, 1993 Rudolph H. Bruer, Esq. Edson & Bruer P.O. Box 1466 Main Road Southold, NY 11971 Re: Mormile Lot Line Change Dear Rudy: Richard Ward VS in his letter of February 17, 1993 is absolutely correct. Tax Map lots 15 & 16 are owned by the same person. It is as clear as mud to me why it is required that where you have two (2) non-complying lots (A. Mormile and H. Mormile) and a lot line change is requested which, if g.ranted, will result in two (2) non-complying lots of the same composite area, that a variance is needed because one of the non-complying lots, by the laws of physics, must be, thereafter be smaller and the other lot larger. I am merely surprised that the fact that the one lot that is being expanded does not also need a separate variance because its size and configuration make it more in conformity with the zoning code. It is even clearer to me why the Planning Board does not consider this an unnecessary hardship and grant a vari- ance from the strict compliance with the regulations under Article V of Chapter 106. It is perfectly clear to me why a lot line change should require three or four trips to the Town Hall or appearances before various boards and six or seven months to change two lots into two lots with a different boundary line. I truly appreciate your efforts in this matter. I will contact Mr. A. Mormile and let him know of the status. I am sure he will be ecstatic. cc. G. Goehringer R. Ward V. Lessard MORM~LEI ILE1~ERa/1993 047031 JUDITH T. TERR~lrOWN CLERK RECEIPT Town of Southold Southold, New Yo~k 11971 ~ ~?/~ Phone: 516- 765 -1801 DATE 1 RECEIVED OF: BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer ol the Petition of : Arthur Mormile & Marian Mormile : to the Board of Appeals of the Town nf Southold : TO: ~ NOTICE \ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~.-. 1. Th~tention of the undersigned to petition the Board of Appeals of the Town of Southold _ [circle choice] to request a~.~r,ance)~pecial Exception)(Special Permit) (Other) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ' SCTM 1000-128-04-015./~1~ 3. That the property which is the subject of such Petition is located in the following zoning district: R 4O 4 That h~ such Pelitinn, the undersigned will request the following relief: Lot line chang~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~lare Article III A Section 100 - 30A.3 r ._ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the samedur ngregularofficehours· (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the' Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the Town of Sou/hold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. , . ~,, Mor~ile and Marian Mormile Owners Names.~ cio Rudolph H. Bruer Post Office Address PO Box 1466 Southold, NY 1'1971 Tel. No. (516 } 765 1222 [Copy of sketch or plan showing proposal to 'be attached for convenience purposes'. ] ' NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 283 754 067 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) 2 STATE OF NEW YORK ) COUNTY OF SUFFOLK) FLORENCE GONZALVEZ , residing at 270 Stanley Rd. Matt~tuck NY 1 Iq52 , being duly sworn, deposes and says that on the ~ day of May ,19 93 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold (certified) 0'egistered) mail. Sworn to before me this ~F~ of , Notary Public ; that said Notices were mailed to each of said persons by (This side.does not have to be completed on form transmitted to adjoining property ownerS.) .