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HomeMy WebLinkAbout7058 e I alo CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND i ( ) Check file boxes for 1 0 o C O Q a Q ( ) Assign next number `D 0 N outside of file folder o co ( Date stamp entire of I file number 3 v = o- o ( ) Hole punch entire o T. 0 h O " m o m (before sending to C- ° o v Q, X � D ( ) Create new index cz a' C3i Z N ( ) Print contact info & M o- < o CO v W( -' c�) Prepare transmittal C a ( ) Send original applic to Town Clerk ( ) Note inside file fold and tape to inside c ( ) Copy County Tax M. neighbors and AG k -" ( ) Make 7 copies and I ( ) Do mailing label V f O CA CO 3/07 .No A fc,, to PRtys 9 r e� r Wells, Ar -ur 1 ofciv; �o h a A, ed (x,R of $. 1� 4eT' it Sec . ago--I o 9 r BOARD MEMBERS �®F sour Southold Town Hall Leslie Kanes Weisman,Chairperson � y® 53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento COMMlySouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R CEIVED Tel.(631)765-1809•Fax(631)765-9064 1 1.05 pr^' FINDINGS,DELIBERATIONS AND DETERMINATIONU L 2 5 2017 MEETING OF JULY 20,2017 a. SoIold Ta Clerk ZBA Application No.: 7058 Applicants/Owners: Arthur O. Wells (deceased) and Rose M. Wells Property Location: 700 Gin Lane, Southold,NY SCTM No. 1000-88-3-8.1 &9 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 17, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-88-3-9, which has merged with SCTM No. 1000-88-3-8.1, based on the Building Inspector's February 17,2017 Notice of Disapproval, which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at: 700 Gin Lane, Southold, NY. SCTM Nos.1000-88-3-9 and 1000-88-3-8.1. ADDITIONAL INFORMATION: During the public hearing the Board inquired about the property abutting the westerly property line. Further research concluded that the abutting 45.03 acre parcel is owned by the Town of Southold and County of Suffolk and is considered preserved wetlands with waterfront. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 6, 2017 at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation,to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was Page 2,July 20,2017 47058, Wells SCTM No. 1000-88-3-9 effected. The lots were purchased by Arthur O Wells (deceased) and Rose M Wells. Lot 8.1 was purchased in February 9, 1959 and lot 9 was purchased June 11, 1973. Pursuant to §280-11,the Zoning Board finds that: (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: as shown on the Map of Bay Haven and the Suffolk County Tax Map, lots in this subdivision are approximately 100 feet x 140 feet. Many of the improved lots in the subdivision are approximately the same size as the subject lot. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: the subject lot has never been built upon or used in conjunction with any adjoining lot. Owners combined former subdivision lots 3 and part of lot 2 to form tax map lot 8.1 for their home on January 13, 1982, but purposely kept the subject lot separate. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: This lot is similar in size to other lots in the neighborhood and most of the lots in the Bay Haven subdivision are improved RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11,motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried to GRANT the waiver of merger as applied for as shown on the survey by Kenneth M Woychuk, LLS dated June 5, 2016, subject to the following condition: Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM lot# 9 (aka Bay Haven subdivision lot#4 be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Vote of the Board.- Ayes:Members Weisman (Chairperson), Dantes, Goehringer, Planamento and Acampora. This Resolution was duly adopted (5-0). c Leslie Kanes eisman, Chairperson Approved for filing 7/41 /2017 S.C.T.M. NO. DISTRICT: 1000 SECTION: 88 BLOCK: 3 LOT(S):9 -� �5'V RECEIVED MAR ®G 1011 Z0MjNG BOARD()P APPEALS 40 0 ti tO 0.8'N VACANT PARCEL -NO STRUCTURES- PIPE cF U.P. 0.5'E 01 PIPE)% U.P. FINAL MAP PFVIFwrn PY 713 , 7HE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 14,519.45 SOFT, or 0.33 ACRES ELEVATION DATUM- __________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 4 CERTIFIED TO: ARTHUR 0. WELLS; MAP OF: BAY HAVEN ROSE M. WELLS; FILED: JAN. 22, 1959 No.291O FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC; SITUATED AT: SOUTHOLD TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design !� P.O. Box 153 Aquebogue, New York 11931 FILE # 16-69-2 SCALE:1 =40' DATE: JUNE 5, 2016 PHONE (631)298-1588 FAX (631) 298-1588 N.Y.S LISC. NO. 050882 maintaining the records of Robert J. Hennessy do Kenneth M. Noychuk 1 S.C.T.M. N0, DISTRICT: 1000 SECTION: 88 BLOCK: 3 LOT(S):8.1 10� RECEM ° MAR 209 ZO W,"K' �tWXIDOFAPPEAW Nr o� 4-,�OssQ\ Oa rrr � O `� Oey rrr � —FRESH WATER' r �0�• ,PONDS r Q\° 22.0'S r 1 �r PIPE o y O� �Y •�, pYr GARAGE UNDER 4m op� V5_ / +�`�:•,! ;•C ;� ,A r� U.P. t•..."to of 6% - - Aj ' ?~ W.PA. 0 QP V O� PIPE / U.P. 'FINAL MAP REVIEWED BY ZBA SEE DECISION # _7_3.!�E DATED- THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 28,615.65 SQ.FT. or 0.66 ACRES ELEVATION DATUM.• _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON'FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. _ THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT TH£ PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOT 2 & LOT 3 INCL. CERTIFIED TO: ARTHUR 0. WELLS; MAP OF: BAY HAVEN ROSE M. WELLS; FILED: JAN. 22, 1959 No.2910 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC; SITUATED AT: SOUTHOLD TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE # 16-69-1 SCALE:1"=40' DATE: JUNE 5, 2016 PHONE (831)298-1588 FAX (831) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. lloychuk f S.C.T.M. NO. DISTRICT: 1000 SECTION: 88 BLOCK: 3 LOT(S):8.1 & 9 IRECEMD MAR ®,6 2017 ZONING BOARD OF APPEALS 'sp� rrr � 04.0 ey r r r r —FRESH WATER' r �O�• ePOND.---• Q\O 22.0•S irf 400J O� \ PIPE O Fy \ - � O s• o• GARAGE UNDER �p C 1 ....FCS rO1p� Y .lad � :• y :•:,::;.,;�. \ .�Q�.�G ry. ♦�p rS U.P. ?* !0 10 •�ti GO?�Q �iss, � I _ QP �� 1.8'W O� 0.8'N �4 O C� PIPE ooh ��9OF�F �g�y cd NSF U.P. 0.51 FINAL MAP REVIEWED B\ - sip• SEE DECISION t 70157 PIPE tH DATED_2 /..2a 1_, oo 1-7 U.P. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 43,135.09 SQ.FT. or 0.99 ACRES ELEVATION DATUM: ------------------------- UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOT 2, 3 & 4 CERTIFIED TO:ARTHUR 0. WELLS; MAP OF: BAY HAVEN ROSE M. WELLS; FILED: JAN. 22, 1959 No.2910 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC; SITUATED AT: SOUTHOLD TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design t 0>VdI P.O. Box 153 Aquebogue, New York 11931 FILE # 16-69 SCALE:1 =40' DATE: JUNE 5, 2016 PHONE (831)298-1588 FAX (631) 298-1588 N.YS. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. 1Woychuk COUNTY OF SUFFOLK RECENED _ MAR 2-7 2017 1`U,VVI � + ZONING BOARD OF PP A EALS Steven Bellone i SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Commissioner and Environment March 17, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Wells,Arthur #7058 Orioli and Sons Rental East, LLC #7059 Messina, Carla #7061 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD MAR 06 209 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL �l DATE: July 8, 2016 RENEWED: February 17, 2017 TO: J. Kevin McLaughlin (Wells) PO Box 1210 Southold,NY 11971 Please take notice that your application dated June 29, 2016: For merger determination at: Location of property: 700 Gin Lane, Southold,NY County Tax Map No. 1000 - Section 88 Block 3 Lot 9 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the north (SCTM# 1000-88-3-8.1) pursuant to Article II Section 280-10, which states; "Merger. A nonconforming lot shall merge with an adiacent 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." Authorize re CC: file, Z.B.A. RECEIVED BAR 0 6 2097-10 For Office Use only Fee: S _ Date Assigned/7BA File# _ ZONING BOARD OF PPEALS filed by _ Office Notes, WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 8, 2016---- - WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED June 29,_ 201.6 under Town Code Chapter 280 (Zoning), Article II, Section 280- _ fir: Building Permit Permit for As-Built Construction Certificate of Occupancy L; Pre-Certificate of Occupancy ix Other_Merger determination (deceased) Owner of Parcel for Waiver: Arthur 0. Well Rose M. Wells Owner of'Adjacent Parcel: _ _Arthur 0._We1 end Rose Note. If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: c/o_Christine Weintraub 228 Clayton Road, Scarsdale, NY 10583 "Telephone No: _ -----Fax/Email chrisweintraub@gtnail.coin_ Agent for Owner: J. Kevin McLaughlin, Esq. _ Address: Windsway Professional Center, 44210 Rt. 48, PO Box 1210,5outho1d.,-NY 11971 Telephone No: 631-765-6085 Fax/Email: 631-765-1856 w�^c�,(.J 061A`the",Kj Please specify who you wish correspondence to be mailed to, from the above: i ! Owner, or ig Authorized Representative I (we), Arthur 0. Wel l s and Rose M. Wel l s , request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article 11, Sections 280-9, 280-10, 280-I1 of the Southold Town Zoning Code, for Suffolk County Tax Map District 1000, Section 088.00 Block 03.00 Lot 009.000 containing 14,519.45 square feet located at # 700 Street Gin Lane, Southold, NY and for District 1000 Section 088.00 Block 03.001-ot 0_08.001 containing 28,615.65 square feet. The property is located in the A Residential Zone District. MAR 0 6 2011 BY.-- ---- RECEIVED Page 2=APPLICATION FOK vVAIVER TO UNMERGE PROPERTY ZBA#----WAR 0,4 2017rjo�g ZONING BOARD OF APPEALS Filedssubdivision Map of Bay Haven filed in the Suffolk County Clerk's Office on 1/22/59 as Map No. 651, designated as Lot No. 4 on said subdivision map The lot to be unmerged was originally created by>dovdAtW , is vacant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: as shown on the Map of Bay Haven and the Suffolk County Tax Map, lots in this subdivision are generally approximately 100' x 140' Many of the improved lots in this subdivision are of approximately the same size as the subject lot (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: Subject lot has never been built upon or used in conjunction with any adjoining lot_. Owners wbined former subdivision lots 3 and p/o 2 to form tax map lot no. 8.1 for their house on 1/13/82, but pupposely kep the subject lot separate to be used for either a source of income for their retirement or possibly foraa child to build a home upon. (3) The proposed waiver and recognition will not create an adverse impact on the physical or enviromnental conditions' in the neighborhood or district because: Most of the lots 6n the neighborhood are of a similar size Please check one or more of the following that apply to the lot to be unmerged: ❑ This lot was formerly approved by the Southold Town Planning Board on (attach copy). ❑ This lot was approved or shown on a map approved by the Southold Town Board during 19_ (attach copy). [Ji This lot was approved by the Board of Appeals on (please attach). Cl A search of Town records found no approvals or other action by the Town of Southold, except for Application# in the Year (please attach copy). v Page 3-APPLICATION FOk v✓AIVER TO UNMERGE PROPERTY ZBA 4 RECEIVED LIAR ® 6 2017 7-ONING BOARD OF APPEALS P, A search of Town records found a Certificate of Occupancy was issued for a dwelling or other purpose on SCTM Lot# (please attach copy). (Att achheets if needed). 4 � Owner(Parcel 1) -A Rose M. Wells Swt day of-16Lr t.16AjL, ,2M-16- ary Public GEORGE D.WOLF N pry Public-State of I4ew York No.01WO6114891 �{` -c— unlified in Westchester County Co mission Expires Arg.23;20'�t n� e1(Parcel 2). Rose M. Wells Sworn b r x�e is �' day of��� , 2UR16 Aox y Pub >c GEORGE D.WOLF Notary Public-State of New York NO.-Ol WO6114891 Qualified iu Westchester County My Commission Expires Aug.23,201 ZBA 12/95,3/06; 1 1/080. ZO t r LOT WAIVER QUESTIONNAIRE w, What are the square footage and dimensions of this lot (subject of building department merger application): 14,519.45 s.f. 100 ft. by 145 1 Lot created by filed Map of Bay Haven filed in the Suffolk County Date of first deed which created this riot:Clerk's Office on 1/22/59 as Map No. 651, Lot 4 Date of current deed to present owner: 7/18/1973 www 71D Owners' names of lot at current time: Arthur 0. Wel 1s and Rose M. Wel 1ss MAR Date and name of subdivision (if any): Mappof,Bay Haven ZONING a®Alt®of APPEALS Size of remaining lot in the merger: 28,615.65 s f Were there any building permits issued in the past for this lot: Yes No X If yes, please provide copy of former permit and map approved. W :ere there any County Health Department approvals in the past for either lot? Yes No . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No X . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes No _X , If yes,_please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. x Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: Owner's.Sianaturp ZBA57127199 Rose M. Wells ! r ,\ 1 RECEY tl ED MAR 0.6 20g jog� QUESTIONNAIRE Z®NING BOARD OF APPEAL.9 FOR FILING WITH YOUR ZIIA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? _ X No Yes please explain on attached sheet. C. I ) Are there areas that contain sand or wetland grasses? No (pond on Lot 8.1) 2.)Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed 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? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. 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 survey as approved by the Building Department and please describe: G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. 1-I. Do you or any co-owner-also own other land adjoining or close to this pareel?zLots 8.1 & 9 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel vacant 1 and and the proposed use separate bui I dabe i o _ (ex-,existing single family,proposed-same with garage,pool or other) )/A_ V✓ 0 lly/l Authorized signature and Date Rose Wells I AGRICULTURAL DATA STATEMENT MAR ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Z®NI6YG,6®ARt�OF APPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,site plan approval, use variance,or subdivision approval on property within an agricultural district OR within 500 feet of a faun operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239.-n of the General Municipal Law. 1)Name of Applicant:_ J. Kevin McLaughl in, Esq 2)Address of Applicant: Windsw y Professional Canter�� Rt 481 PO Rnx 1910, Southold., NY 11971 3)Name of Land Owner(if other than applicant) :Arthur 0, WPI l s and Rose M Wel 1 s 4)Address of Land Owner: 5)Description of Proposed Project: Waiver of Merger 6)Location of Property(road and tax map number): 700 Gin Lane, Southold, NY SCTM #1000-088,00-03.00-009.000 7)Is the parcel within an agricultural district? ®No ❑Yes If yes,Agricultural District Number 8)Is this parcel actively farmed? El No ❑Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hail locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. — 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be ob td,in advance,when requested from the Office of the Planning Board at 765- 1938 or a oning Bo f A. peals at 765-1809. oz �le �r7 Si ature of A plic nt D ote: 1.' e ocal board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall reviecv,of this application. 3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is subrrutted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED 617.20 MAR 0,6 2017 -70 Appendix B ZONING BOARD OF APPEALS Short Environmental Assessment Tornz Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information J. Kevin McLaughlin, as agent for Arthur 0. Wells and Rose M. Wells Narne of Action or Project: Waiver of Merger Project Location(describe;and attach a location map): 700 Gin Lane, Southold, NY SUM #1000-088.00-03.00-009.000 Brief Description of Proposed Action: Application for Waiver of Merger of vacant lot SUM #1000-088.00-03.00-009.000 from adjoining improved lot SUM #1000-088.00-03.00-008.001 Name of Applicant or,Sponsor: Telephone: J. Kevin McLaughlin, Esq 631-765-6085 E-Mail: jkmcla*optonline.net Address: Windsway Professional Center, 44210 Rt. 48, PO Box 1210 City/PO: State: Zip Code: Southold NY 11971 ' ].Does the proposed action only involve the legislative adoption of a•plan,local taw,ordinance, administrative rule,or regulation? NO YES If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and,proceed to Part 2. Ifno,continue to question 2. X 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 0. b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned 0.00 acres or controlled by the applicant or project sponsor? 0.99 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban o Rural(non-agriculture) ❑Industrial ❑Commercial )h Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 i i RECEMD 5. Is the proposed action, MAR ����( NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO ES If Yes,identify: X 8, a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near,the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO ,YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic Places? NO` YES b.Is the proposed action located in an archeological sensitive area? X XA 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NOr wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? X NO YES i Will the proposed action create storm water discharge,either from point or non-point sources? NO YES Iff Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be"directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: _ r ❑NO❑YES `wlz ' Page,2 of 4 REGENED ING BOARD OF APPEALS 18.Does the proposed action include construction or other,activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size. X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing,or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST Or MY KNOWLEDGE Applicant/sponsorname: J. Kevin McLaughlin Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the'proposed action?" NO or µy.b itf;? s 'c4C,, y`'Pr_..§ .� id.'.±�� �,:,X p»ti "3t�'.°�, .9 ,vv'„�h4.y� f Moderate ::f` - ii:.,. x�r �sv SY.£ �n { $`,t^ •rrF�:ta= ;'t7' i.} small ;.—,., •'' -�� �� to large „�• ^.'e:.`:°` Y , - .4; §'. ,i, t•. j- ;.`�`.��, -q.�:: nyk�%"t>a"."� �m a impact ct .{• XlX?5T' c n4'}i.�S _ D. -;<Y..x',• �'t^f':...S.a i 41' _ '{'.�.l.h:`f� _`!}....n� {'., may:,-', 4`'`' F�; '_,•� ,t; :.{ 's�`'�.; 's°�•rnw_;3n.;.�;';�, Y may ^l. "!^:n:$T:.�"•,•.'x, ire; r'1�"• „�.; R.h.1E 5,fi`aS:7�iPi° ;^F,�k.:i�-o..i^'.i. .' .: ,5�» �Y�F. Will the proposed action create a material conflict with an adopted land use plan or zoning occur occur regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic,or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. -Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 1 MAH ®,62017 �� 20 o erate small to large „ impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 1 I. W ill the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part.3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be signifieant,'Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 11Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEW APPLICANT/OWNER MAR 0,6 2037 7 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emiiloyees.The purpose of this form is to provide information which can alert the town of possible conflicts_of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Arthur 0. Wells and Rose M. Wells (Last name,first name,middle initial,unless,you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit . Variance Trustee Permit Change of Zone Coastal.Erosion Approval of Plat Mooring Other(activity) Waiver of Fer—ger Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by'blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES No X If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by-the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this !j day of c� -ink'�,20 16 Signature '� --- Print Name � Rose M. Wells .,a RECEIVED {BAR 0112017 � ZONING BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflict's of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: J. Kevin McLaughlin (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Waiver ot MeFg—er Planning Do.you personally(or through your company,spouse,sibling,parent,or child)have'a relationship with any officer or employee of the Town of Southold?`Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5oa of the shares. YES X NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Karen A. McLaughl in Title or position of that person Director of Human Services Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Married Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply,) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Husband and wife Submitted this day of ca- t ,20 f7 Signatu Prin ame J. Ke in McLaug in r , RECEIVED MAR 0,6 2017 ZONING BOARD OF APPEALS Board of Zoning Anneals Application AUTHOIaIZATION (Where the Applicant is not the Owner) I, Ate .!Q1 Rose M. Well s residing at `Iy (Print property, °owner's n me) (Mailing Address) 0&9 Cf ta-�{•4-o r- Dom' csz Is 6�c � � tA1" (D� ado hereby authorize J. Kevin McLaughl in, Esq. (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. �er's Signature) Rose M. Wells, Owner Aruamcftx s Rose W. Wells - (Print Owner's Name) i RECEIVED i FORM NO. 4 -� MAR 01 6 2017 -7 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No Date ... . ......pp.utw4p;.. . 19.......19 0.. THIS CERTIFIES that the building located at ..GiI3t..7anA ... Street y .H4V01t @ .61d Block No ........ ..73, C Lot No 4:1......SQU,tk�Q-1,4.,.....N-Y. Map No ........ conforms substantially to the Application for Building Permit heretofore filed in this office dated .... ... ...Al=:U . ..28 . ..........19 ..}',a., pursuant to which Building Permit No .....Z .3QO. ........., dated .. . . .. .......... . .Y.' ...I...... ..... 19..5$.., was issued,and conforms to all of the requirements of the applicable provisions of the low The occupancy for which this certificate is issued is ............ ..................... . ... ... ......... ....nlvin. Imr. lfm.......... ..................... . ..................................... This certificate is issued to ... .....Axth '. velliS.. .C .lJ mer. .... ..... . ...................................... (owner, lessee or tenant) of the aforesaid building tj .... . ........ .. . .. . ............w Building Inspector r M FORM NO. 4 RFcsvw 1,-v TOWN OF SOUTHOLDA� BUILDING DEPARTMENT office of the Building Inspector OF APPEALS Town Hall TONING BOARD Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18329 Date AUGUST 30,1989 THIS CERTIFIES that the building ADDITION Location of Property 580 GIN LANE SOUTHOLD, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 88 Block 3 Lot 9 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 21, 1987 pursuant to which Building Permit No. 16263-Z dated JULY 23, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is GARAGE ADDITION WITH ROOM ABOVE & FRUIT CELLAR WITH WITH DECK ROOF AS APPLIED FOR. The certificate is issued to ARTHUR & ROSE WELLS (owners) of the aforesaid building_ SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-011028-AUGUST 10, 1989 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector RECENED Town Hall Southold, N.Y. MAR 0 8 2017 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEAL No Z-20285 Date OCTOBER 16, 1991 THIS CERTIFIES that the building ADDITION Location of Property 580 GIN LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 88 Block 3 Lot 8.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 1990 pursuant to which Building Permit No. 19220-Z dated JULY 23, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DORMER ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ARTHUR 0. & ROSE M. WELLS (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-024883 - OCTOBER 8, 1991 PLUMBERS CERTIFICATION DATED N/A uilding Inspector Rev. 1/81 IF04el- Town of Southold RECEIVED7/23/2015 % P.O.Box 1179 0 0 53095 Main Rd �A� ���� Southold,New York 11971 �t)gq < ZONING BOARD OF APPE=ALS CER'T'IFICATE OF OCCUPANCY No: 37675 Date: 7/23/2015 THIS CERTIFIES that the building ELECTRICAL Location of Property: 580 Gin Ln, Southold SCTM#: 473889 Sec/Block/Lot: 88.-3-8.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/25/2015 pursuant to which Building Permit No. 39900 dated 6/25/2015 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: 200A OVERHEAD ELECTRIC SERVICE The certificate is issued to Wells,Arthur&Wells,Rose of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 39900 07-08-2015 PLUMBERS CERTIFICATION DATED Authorized Signature IRCIV-7j RECEIVLvD FORM NO. z MAR TOWN OF SOUTHOLD 20.17 BUILDING DEPARTMENT Zoly"VG 1304RD OF APPEALS TOWN CLERKS OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N9 300 , Z Date ......... .. .... . . ...... ...... ........... 19. Flerlssion is hereby granted to: Arthur....Me-UAL..................... . ............................. .................A&&.0h..fit,*. . ..................._........ ...... .....................15"070=4........10.10 ..... . ...... to . ........ ..... ................ ... ..............I... ......................._ .............................. at premis S located at .......QjA-.Lan*. ..... . .................. .. ....... ............... ........................ .................................................................................. .............. ................................ ... .................. ... ........................... pursuant to application dated ........................... ...... . ........1953..., and approved by the� Building nspector Fee Building Inspector 1 ` Fidelity National Title RECEIVE® �„ t # INSURANCE SERVICES,LLC MAR ®fi 20V 0 r ZONING BOARD OF,APPEALS TITLE NO: F16-7404-101458-SUFF District: 1000 Section: 088.00 Block: 03.00 Lot: 009.000 Town of Southold,New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC certifies that the above-captioned property has been in single and separate ownership by Arthur O. Wells and Rose M. Wells, his wife and his/her predecessors in title since prior to 1/1/1997 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no . circumstances exceed the amount of Twenty-Five Thousand Dollars($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: 2/21/2017 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC SANDRA J. OLESKI Sworn to before me this 21 st day of February, 2017 _ ARY B CATALDO tart'Public, State of New York Notary-Publ c No. 5037569 Qualified in Suffolk County Commission Expires 5-912 _1q 24 Commerce Drive • Riverhead;New York 11901 • (631)727-0600 • Fax: (631) 727-0606 =' ! Fidelity National Title RECEIVED ••, ' INSURANCE SERVICES,LLC (BAR 01 6 20f7Ljo ZONING BOARD OF APPE1465 TITLE NO. F16-7404-101458-SUFF STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) SANDRA J. GOLESKI, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-088.00-03.00-009.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 1/01/1997. SUBJECT PREMISES: 1000-088.00-03.00-009.000 William Wells Liber 7444 cp 455 To Dated: 6/01/1966 Arthur O. Wells and Rose M. Wells, his wife Rec'd: 7/18/1973 LAST DEED OF RECORD PREMISES NORTH: 1000-088.00-03.00-008.001 Ruth F. Wells Liber 8706 cp 42 To Dated: 9/24/1979 Arthur O. Wells and Rose M. Wells Rec'd: 10/04/1979 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC SANDRA J. GO ESKI Sworn to before me this 21 st day of February, 2017 MARY B CATALDO Notary Public, State of New York Nota y-Pu No 5037569 Qualified in Suffolk County Commission Expires 5-'OQ4C( 24 Commerce Drive 9 Riverhead,New York 11901 • (631)727-0600 • Fax: (631) 727-0606 R Fidelity National Title MCENED INSURANCE SERVICES,LLC WAR 01j 20V -ID ZONING BOARD OF APPEALS PREMISES EAST: GIN LANE PREMISES SOUTH: 1000-088.00-03.00-010.000 Mark H. Riffle and Jean D. Riffle, his wife Liber 8357 cp 205 To Dated: 12/01/1977 Angela Savino Rec'd: 12/09/1977 LAST DEED OF RECORD PREMISES WEST: 1000-087.00-06.00-012.001 Maria Blocker Liber 6203 cp 178 To Dated: 8/03/1967 Airam Enterprises, Inc. Rec'd: 8/15/1967 Airam Enterprises, Inc. Liber 12233 cp 848 To Dated: 10/31/2002 Julius Blocker Rec'd: 2/04/2003 Julius Blocker Liber 12245 cp 727 To Dated: 3/18/2003 The Julius G. Blocker Revocable Trust Rec'd: 4/11/2003 Rosemarie Kelly, James Fallon, Jr. a/k/a Liber 12554 cp 528 James V. Fallon, Jr, the Trustees of the Dated: 5/16/2008 Julius G. Blocker Revocable Trust Rec'd: 5/28/2008 To The Nature Conservancy, Inc. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC SANDRA J. G ESKI Sworn to before me this J 21st day of February, 2017 .11 "PNG�*� MARY B CATALDO NO n' Notary Public,State of New York No 5037569 Qualified in Suffolk County Commission Expires 24 Commerce Drive • Riverhead,New York 11901 9 (631)727-0600 • Fax: (631) 727-0606 Fidelity National Title RECEIi1E0 s+, ' INSURANCE SERVICES LLC MAR 01 6 ZW7 ZONING BOARD OF APPEALS The Nature Conservancy, Inc. Liber 12554 cp 842 To Dated: 6/11/2008 County of Suffolk Rec'd: 6/17/2008 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC SANDRA J. fjOLESKI Sworn to before me this 21 st day of February, 2017 'k�Pu 1 _ MARY 8 CATAI_DQ Notary Public, State of New York No 6037569 Qualified in Suffolk County Commission Expiresa� 1(� 24 Commerce Drive • Riverhead,New York 11901 • (631) 727-0600 • Fax: (631) 727-0606 �v,y t YY" _tel kFCFP ZONING BOAkD 49P�2- f} r7 .yf - w L � � � '�aT �, •!``,rte� .. yy , 4 *� ra n ` �w r+ n• i!J Y �� t� ��.i i ter. � x N.. y4 ;L 1 fp��� Y � Vl }`3• d ' .L ��Wil•`#•f�� F ¢ - 1,'�. .•�" A+, f CY+`� -! y� �^ Sh b r. `,,ld+.j�s�,'t' •. a*- 8'� '�1� '�a -t � _.1 �` `"v' ° '-`"&`� r �` �a�;°t}Y.w � iii ''E .l^^` .��..�-+-t a a�1•?�q`M'V�t � *n'�"..'�x,_ ,. "a., _ "'4..9 -r�F�:�+... . ..t_ G. a � Ei!'r•;Ji�,��1�xnt...� .'�"_-,� �r _ "r.��)�9Y�'."e�.�'�.v➢iF�Hvid'ae'�iE_i yy } e 1 i -7a`-'B ECEJVF , MAR 0 6 201? 40NING BOARD OF APPEAM l AM UAW r IIIIIIIIIIillllllll�lll� --� y 0 ZZ" K /1j(11 _ *rt� r._. a t -.,�-a, .',rl .�✓ .,ry ;g' #S"�:N> „fi "�,�.. �,.. Z,�. 51S '�=� o'+•Irt�' +".,t., ••� 'ate �1'.i ��-�►{�' -r ,�.�.,� r��.. Y�.:4. ,`"SP' "tt'�S� W. Ne Sw f q r. ati 4411�� .ry`r• rr �� e y{ 3 TOWN OF SOUTH LD PROPERTY RECORD CAR fy r OWNER STREET VILLAGE DIST. SUB. LOT 01 I'J fi''r�� .�;> �f %f�� ��+t' � t.�,'r �.,.% /i� � 1'-+ �`!L ,{:,�ri.�-��...».��`;•;.:;.,.:''' 1"=}'�`� � 'z. �,r_,,,,.,.• FORMER OWNER N i E ACR. ' S W TYPE OF BUILDING ,i —TS. ., i SEAS. I VL 'FARM i COMM. CB. MISC. Mkt, Value LAND IMP. j TOTAL DATE REMARKS � l C 70 u1�tl �1/FA''t' �s �— ' ✓ 2� 7 � T�7 A. �s j � C1� it 7 i-� IE .'C� :.:A�'�: •!./fk .�� �('csr'R r' -4• '` la� ! f y� 1 � n � �/ �V 91 —�Ti i�Y�I !.=I'� I v.%.•;c��j C t'-`.1<..:=>r.t�__i+=.3''}�i• - �"-�<::;.+ 'i' b.�" 1 /a3 ' o } ` �.3;"�at ^rix^` E i= 6,or?,-, . Woo illable 1 Tillable 2 n Lu LA Tillable 3 Woodland t Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ' House Piot I DEPTH BULKHEAD Total ( DOCK i Y� •� �i�`•TZ �. L ! � a1 r.w.,. 0 0 I f �DOffim e 11 it �„��+'�'�Y,<' �'^ �.<L• " �• ,,,is �� % � f$ � � ' 111 , , _ •.... ! i I E I '`� k-.� t ? (—.-.. 3*����," rx.�'s�r;Vii•<_'.i•.•k.i:�`xr`�'"'a:r •.v.�''�i '�5:.«vwr.,:K•ss,<•....,_. ' f ' ' ( �- t t i t -Lj i I-T �t✓ —•_ � - -"'-_—_ - _ .^w`-.Eri.�.�....�..-...w...ear-..-....--•--......¢.;.-.,w.-3 it ! Foundation M. B ldg j t I ! € r -\\ ! I C Bath , Extension fG= t Floors �� IO _ ctens on Ext. woos o r; — Interior Finish Extension ; i-Fir Place f �— Heat i r0 el i J% t :-, ' Porch c t Porch Rooms 1 st Floor ' 3reezeway, j j Patio -- ------ ------- - �,• � � -- --_ — i Rooms 2nd Floor liar qc Z = _ (f �� Z Driveway t D. B. --� —-- - .. -- -- `WN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER Q N E ACREAGE U- .2 c-5— a I S W TYPE OF BUILDING jf RES. 2-1,) i SEAS. L, FARM COMM. IND. CB. misc. LAND 0 IMP. N TOTAL DATE REMARKS ARM o -7:""/ 0 -/j ;L t< _ZZ e Q 77 AGE BUILDING CONDITION NEW NORMAL BELOW I ABOVE r Form Acre Value Per Acre value Tillable I Tillable 2 Tillable 3 Woodland Swampland .. ............................ Brushlond House Plot Tctol TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT Z, v FORMER OWNER N E ACREAGE 0 fU<. S W TYPE OF BUILDING ilkn zu 0 "RES' SEf VL. FARM comm. IND. CB. misc. LAND j IMFX TOTAL DATE REMARKS NI Z, e o n h a I 2 [ AGE BUILDING CONDITION NEW NORMAL i BELOW ABOVE Form Acre Value Per Acre I Value ii I Tillable 2 Tillable 3 Woodland Swampland Brushland `House---'--Fz Total TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET r VILLAGE DIST.1 SUB. LOT t,. FORMER OWNER N E ACR. .�/ S W TYPE OF BUILDING ---I- SEAS. VL. IFARM ;comm. CB. MISC. Mkt. Value LAND IN TOTAL DATE REMARKS P 3 aoo LU is J,4 AGE BUILDING CONDITION NEW I NORMAL BELOW ABOVE FARM Acre Value Per Value Acre i illable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD 0 House Plot DEPTH I BULKHEAD Total DOCK J.KEVIN MCLAUGHLIN Attorney At Law Telephone(631)765-6085 Winds Way Professional Center Facsimile(631)765-1856 44210 Rt 48,P.O.Box 1210 Email 1kmclawooptonline.net Southold,New York 11971 March 2, 2017 Southold Town Board of Appeals Southold Town Annex Southold, NY 11971 Re: Waiver of Merger—700 Gin Lane, Southold, NY Dear Zoning Board Members: I have enclosed the original and seven copies of the following: 1) Notice of Disapproval; 2) Application for Waiver to Unmerge Property; 3) copy of the death certificate for Arthur Wells; 4) surveys for both lots; 5) Single and Separate Search; 6) copies of deeds for both parcel (both parcels were created by the subdivision known as Map of Bay Haven filed on January 22, 1959 as Map No. 2910); 7) Lot Waiver Questionnaire; 8) Transactional Disclosure Form for Owner; 9) Questionnaire for Filing ZBA Application; 10 Short Environmental Assessment Form; 11) Agricultural Data Statement; 12) Agent Transactional Disclosure; 13) copies of Southold Town Property Cards; and 14) copy of relevant Tax Map. I have also enclosed my check in the sum of $750.00 made payable to the Southold Town Clerk. Please review this application and then advise whether any further documentation is necessary. Very truly yours, c au Encs Hand Delivered �/pu 573 ,Lea MAR 0D 6 2017 ��a® U �®® 98 � yuzaaaW 71 12 )3 A� 13 1la P; 19 13 3 1 CA 14 15 Pi a ZONTN BOAR ®SAP )7 7 1 O 1B 2O a" J, A, 4w m 01 r� / 2 en 103 31 /tQ � fO q 1,SA 79A(c) / / J 1.OA 3 iO 7.04 a " ra 724A / / 0 27q w 1,8 'b / ti� Y `'Sa Rb• N, 712 I1J7 }C 7Q'p 2 D W. d , Ix- \ �1 6rr,�e °j �i29a 28 'A'j m,g B 26 b ' J + )\ \ 0— P,),• fn� 27 � \ �' aAlPeuvc r� \ 4 'b � 7qg �- ,m sg J ,d B 281Y C. �xo� J, i j �✓I ." `.6 t r�r23g " ,�¢ ♦ ' ry°y B i / r V' r�69 nyg fqg 52& ry or d 1352 n, rb npA r„ 3?ry,9 'y r W ry rq,'a r B 24 9A aP itq� Mr0 '2q�w4rB SO$ Z7 g Q nay U4. , 72B 9 rr,t, ,A°i JJNy w'4g8 •e k � `,Oq J4 y2 / ,q WR PCL NO $ry ,y 9na_a• rb ry f '�' �70ry9 "r'7�. J7 JBF JS 41 4 S I•'•1 SEE SEC NO .V 74 ,.y w,76g 39,,,9 ,b47d JO 8Py ny nqi f 087 06 012 1 IPANA-CCt• OPCNSPACCI 1 '4 76',8 awa nr JBr., ,»♦BL? ,b $by o' '♦ � ( +na 78� "+ rrr'7r; ra rb'4'Mr♦S 7 "rs oa OR 40 arri a 41 rri ,a 17N, 3)reA T, ,y No 2BA(c) $ ,�lrg r0 '"7�,�_ ,b ,m 4♦¢ 13 R /4� r P" : A2 0++4 P>t /h 10g� 7drz3,y�7$ �Q- JB`m,p a♦3$�W, •p� SENi pl ,5 x 'b 19. )/a,1 , �°3" 49. ,»1a O nu 48 A 47 '°$ rVi WAtERSED Onr,P ♦7 6 "rx1 r f91 ad ,I 64 rui rw A 63 62 ell .m 81.2 BO 1346 1345 1344 i SA 1 2A 1343 .m W F 58 SS t 8A •arnrrcv4 tim" r$ w 9) 98 i ~-Z_`,•y"!'u ,�h m ,�l A ni A "',,,UNITY a .� '3 5 ... _\•4 ANO W' br (PMC l.D.43 1zp 1368 I PARK SF PARK SITE wry HOG s > NECK N 318 482 a 84 y w 'Il uanaaIa m i x.1.u.rorm IMA-O-.,O-.,Vrvl—unaga,u nuu�.,��«�. w,u,vvrcu.,...�,....a.v..u.v.v...,.,,—......................t...........�....6...,....., CONSULT YOUR LAWYER BEFG' IIGNING THIS INSTRUMENT—THIS INSTRUM SHOULD BE USED BY LAWYERS ONLY. WER4611 mu 66 U. S.I.x. S. .................� THIS INDENTURE,made the 9th day of February ,-nineteen hundred and f if ty-nine BETWEEN WI1,LIAM WELLS, residing at Bayview, Town offEOSE? bhold, Suffolk County, New York, In MAR 0112017 10 z ZONING BOAR®OF APPEALS party of the first part, and ARTHUR 0 , WELLS and ROSE M. WELLS, his wife, 'bo bh residing; at 518 East Fifth Street, Borough of Brooklyn. City of New =`r York, �4 i 1 << e4 4W{e` hrtwx.tiaG7mw'✓..-vi party of the second. part, ' WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or-successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being ixl,ft at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as ;Lot number three (3 ) on a certain map entitled "Bay Haven at Southold, Town of Southold, Suffolk County, Now York, " surveyed December 1.0, 1.958, by Otto W. Van Tuyl & Son, Licensed Land Surveyors , Greonport, N. Y. , and filed in the office of the Clerk of Suffolk County on the «, «a 22nd day of January. 1959, as Map No. 2910. 'TOGETHER with a right of way over "Bay Haven Lane, " "WRtersedge Way, " and "Cin Lane, " as shown on said Map, and the right, in common with other owners of the lots shown on said Map to the use of the "Community Beach" as designated on said Map. RESERVING nevertheless unto the grantor. , his heirs , ad• ministrators , executors and assigns , the fee to the said "Bay Haven Lane, " "WatEersedge Way, " and "Gin Lane, " and to the Community Beach , " and all franchise rights therein and the right of dedicat-ion of sa i.cl streets to the proper governmental agency .for street purposes and the right of dedication of said community beach to the proper gove'rnment,,a:l agency for use thereby as a public beach. SUBT'ECT to covenants and restrictions contained An Schedule "A" attached hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and 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 hos not done or suffered anything whereby the said q)remises 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 WHIEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE, or. STATE OF N;W YORK, COUNTY OF SU -70 T u ss: STATE OF NEW YORK, COU -- OF ss: On 'thc•'49th day of February 1--, ,l , before me On the day of 19 before me ^ ' personally came personally came WILLIAM WELLS to me known to be the individual described in and who to me known to be the individual described in and who r—i executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that °tel he executed the same, a �` J executed the same. as `+ RECEIVED `7 WAI 4 ER G. KAPP NOTARY PUBLIC, State of New Yew BARS No. 52-2034700 Suffolk County Term Expnes March 30, .1959 ' ZONING BOARD OF APPEALS STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 , before me 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 h name thereto by like order. at the same time subscribed h name as witness thereto. C( h W 0 •.r Q W z W W� U. N� Ql h `t � W r.0� p •-y z V a N `� CJ a a q a: O W W Z OLL ~ 44 Q C7 1 a mo ¢ N 0 I� ^i Or Oa ti z E•, 'Di 4'4w li y a i� •� •� Z rzl W U u. LL C) W z a! 0 V uJ L6 d ,,� N � sl �a�:� O W LU OR], i 95 `L. JA 9--R Cietic of suffolk County W W LIQER461 PAGE 67 BAY HAVEN at SOUTH ,,, LD RECEIVED I " MAR 0 6 201 ' SCHEDULE "A" ZONING BOARD OF APPEALS 1. No building or structure shall be erected, altered or placed or permitted to remain on any res- idential building plot other than one single family detached dwelling, not to exceed one and one- half stories in height and a single private, garage for not more than two cars. Architectural design of each garage must conform to the architectural design,of the dwellings on the,same plot. 2. No building or structure shall be erected or maintained on any residential building plot which shall have a flat roof and all roofs shall be of the hip, gable, or pitch type construction, and all roofs shall be covered solely with either asbestos, cedar or composition shingles, and no roof shall be laid down with rolled roofing. 3. No dwelling shall be permitted upon any residential lot which shall have a ground floor area of less than 600 square feet exclusive of porches, garages, or carports, nor shall any dwelling or garage be erected other than on closed foundations of poured concrete or concrete blocks. 4. No structure of a temporary character such as a trailer, basement, tent, shark, garage, barn or other outbuilding shall be used as a residence on a residential plot either temporarily or perma- nently nor shall any dwelling under construction be permitted to be, used as a residence until the outside and roof have been fully and completely finished, and painted. 5. There, shall be no outside toilets or outhouses erected upon any plot. An adequate septic tank or cesspool shall be erected and maintained to take care of the sewage disposal at each dwelling erected upon any plot, and the same shall be of such design and construction as may be approved by the agency of government having jurisdiction thereof. 6. All plans and specifications shall be subject to the written approval of William Wells, his heirs, legal representatives, designated representatives, successors or assigns. 7. No signs of any kind shall be displayed to the public view on any residential plot except: one professional sign of not more than one foot square; any signs used by the parties hereto to advertise their property during the construction and sales period. 8. No cattle, sheep, hogs or poultry of any kind shall be raised or bred or kept on any plot except dogs, cats, or other household pets provided they are not kept, bred or maintained for com- mercial purposes. 9. No plot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and such material shall not be kept on the premises except in a sanitary container. All incinerators or other equipment for the disposal or storage of such material shall be kept in a clean and sanitary condition. 10. Each plot shall be subject to lighting, electric, gas, water, and telephone easements on the surface or below the surface as and when required in the improvement of said land or any part thereof, 11. No sand, earth or sod shall be removed from the premises, or excavation be allowed to remain open thereon, except cis may be necessary at such times as building or landscaping operations are in progress. 12. No fence shall be erected or maintained on any plot which is over three feet in height, and all fences shall be of hedge, picket, rail or other similar construction, and solid broad or other ma- terial fences are prohibited. Each fence shall be maintained in good repair and if not maintained as such it must be removed. 14. The foregoing restrictions shall be deemed to run with the land until May 1, 1978. The parties to this agreement, their distributees or assigns may from time to time, by instrument duly acknow- ledged and recorded in the Office of the Cleric of Suffolk County, alter, modify, terminate or annul any one, or all of said restrictions in whole or in part, and without the consent of any other party. 15. Enforcement of any of these covenants shall be by proceedings at law or in equity, against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Invalidation of any one of these covenants by judgment or court order shall not affect any of the other provisions, which other provisions shall remain in full force and effect. Standard N.Y.B.T.U.Form 8002. 7-72.70M—Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation (Single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUlYu mir SHOULD BE USED BY LAWYERS ONLY. 11 18706PAGE 2 0 THIS INDENTUIM made the 24th day of September , nineteen hundred and seventy nine EES RUTH F. WELLS, residing at no# Gin Lane, Bay Haven ai' 01d) O Southold, New York 11971 O MAR 0A 2017 J®s ZONING BOARD OF APPEALS party of the first part, and ARTHUR 0. WELLS AND ROSE M. WELLS, his wif e, residing at no # Gin Lane) Bay Haven at Southold, Southold, New York 11971 r .a n party of the second part, hr^; WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration O 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, 2 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iadbC at Bayview near Southold, in the Town of Southold, County of n„ Suffolk and State of New York, known and designated as the southerly part of w lot Two (2) bounded and described as follows t 'b BECT'INNTNG at aL point on the westerly side of Gin Lane distant southerly 1150 feet from the corner formed by the intersection of said westerly sine of Gin Lane with (;J the southerly side of Main Bayview Road; running thence along said westerly side u of Giro .Lane, South 370 111 10°1 West 100 feet to the land of Arthur Wells and Rose We his wife; thence along the lmnd last mentioned North ,2 05' 501A West 10.09 feet to other lana formerly of Ruth F. Wells; thence along said westerly side, of said land formerly of Ruth F. Wells, North 380 42' 1!0" East 100 .feet to 1 other land of Ruth F. Wells; thence along the land last mentioned South 520 051 50" 4; 4 East 141.68 feet to the westerly side of Gin Lane at the point or place of beginning, as shown on a certain map entitled "Bay Haven at Southold, Town of ti n 4� s Southold, Sufj�olk County, New 7C"orktt W.surveyed December l0, 1958 by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York and filed in the Office of the Clerk of Suffolk County on the 22nd day of January,, 1959 as Map No-293 TOGETHER with the right, in common with other owners of the lots shown on said Map, to tlae use of the ItCommunity Beach" as designated on said maap. The parties of the second pearta,gree for themselves, their heirs, executors, a" administrators and assigns, that they will Join the Southold Bay Haven Property Owners Association, Inc., and will abide by the rules and regulations of said association as set forth in the by-laws thereof. r_- C"^ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and 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 constrded as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, IN PRESENCE OF: �6� 0I0T 0 4 1979 MND uth F. Wells ogui gy�.I ' COUNTY OF SUI�'la'( sss STATE, OF NEW YORK, C TY OF ss: On the ,%� 7 day of September 19 79 , before me On the day of - 19 , before me personally came personally came RITTH F. . 1LS 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 e#cuted the same, executed the same. RECEIVED BAR �. ZONING BOARD OF APPEALS w Z lq (N j' STATE OF%NEW YORK, COUNTY OF sst STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 19 before me 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 to be the individual in and which executed the foregoing instrument; that he 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 h name thereto by like order. at the same time subscribed h name as witness thereto. j5argain anb &aYe ®eeb SECTION WI I"H COVENANT AGAINST GRAN IOR'S ALIS G BLOCK TITLE No. — LOT I COUNT OR TOWN RTJTli F. IgEe'LLS TO a,t y�,, 13 ARTHUR 0. WELLS and ROSE, M. WELLS `� � Recorded At Request of The Title Guarantee Company k., RETURN BY MAIL TO; STANDARD FORM OF NEW YORK BOARD OF TITUNDERWRITERS f y Pyr. Arthur Wells 5 2361 East 27th StrElet Distributed by a Brooklyn THE, TITLE GUARANTEE, COMPANY E;, � New York 11229 Zip No. eu V 0 Or, I; CID -3' c> r- WO 4i LU Cd tu V m _N �w r" Ing ® ¢ SUFFOLK COUNTY CLERK'S dFFIC E A—ASSIGNMENT 12IVERHEAD, N.Y. AG—AGREEMENT CC—CERTIFIED COPIES AMT— CF—CERTIFICATE FILED EF—EXECUTION FILED ADDITIONAL MTC. TAX CI—CERTIFICATE ISSUED MF—MAP FILED AN NAME EX—EXECUTION ISSUED CM—CHATTEL MORTGAGE HI--HOSPITAL L►EN ML—MECHANICS LIEN R--RELEASE AP AFFIDAVIT PUBLICATION MT—MORTGAGE TAX RET—RELEASE ESTATE TAX AW—ASSIGNMENT OF WAGES CMP—COPY OF MAP IN—INDEX NUMBER INC—CERT. OF INCORPORATION NCI—NOTARY CERT. ISSUED S—SEARCH B—BOND CR—CERTIFICATE RECORDED - SAG—SEPARATION AGREEMENT D—DEED J—JUDGMENT NI—NOTE OF ISSUE BL—BUILDING LOAN NL—NOT JU JD— RY DEMAND ICE OF LENDING SJ—SAT. OF JUDGMENT C—CONTRACT DJ—DISPOSITION TI—TRANSCRIPT ISSUED DM—DISCHARGE OF MORTGAGE L—LEASE O—ORDER CAN—CANCELLATION CERT. 00—OATH OF OFFICE TJ—TRANSCRIPT JUDGMENT DT DEED TAX LP—LIS PENDENS M—MORTGAGE PA—POWER OF ATTORNEY 7L—TAX LIEN RECEIVED FROM PHC—PHOTO COPY - W—WILL 110 37945 r—AltTWR WELLS CS. RECEIPT �Vs� CK. NUMBER CODE ITEMS - DATE 2-36 E 277H ST AMOUNT ®Ram WY 112" r 3.2® CS AP i TT 4 79 3.00 CS 3-4945 79 7.0 7� s - 10-00 - CS 3-4945 OT - 1 a 3.30 F239 THIS IS Y0UR RECEIPT EXPLANATION OF SYMBOLS CS—GASH CK—CHECK DA—DEPOSIT ACCT. NC—NO CHARGE PC—PART CASH � n } 691—Bargain and Sale Deed,With Covenant aS��' �?Grantor, X JULIV-—VMBERG,INC,LAW BLANK PUBLISNCRS Statutory Form.Individual,Photostat ReC e0 E; dGE PLACE AT BROADWAY, NEW YORK LIBER '7444 Pa. 4" ill f THIS INDEN`1['URE, made the 181; day of June , nineteen hundred and sixty-8i.x. BETWEEN WILLIAM WELLS, residing at (no number) Gin Lal %,VED ; I Town of Southold, Suffolk County , New York �O �� 50APD OF APPEALS Ili part y ®0 o?the first part, and I ARTHUR O, WN1LLB and ROSE, Ma WELLS, his wife.. both residing at 2361 Faeit 27th ,Street, Borough of Brooklyn, City of New York, New York, part ies of the second part, ' 'GCS WITNESSETH, that the party of the first part, in consideration of TEN ( $1,0, 00) � .. ... a, .. .. .. ., � .. .. _. _. .. Dollars, i+ I lawful money of the United States, and other valuable consideration V I y ! paid by the part lea of the second part doe s hereby grant and release unto the part i@ s of the second part, their distributees and assigns, forever, i ALL that certain plot, piece or parcel of land, situate , lying; grid �I, I being at Bayview, near Southold, in the Town of Southold, County of ,. uffo.lk and Mate of New York, known and designated as Lot Number ii &ct1 our (4) oaz a ,certain map entitlead. "Bay Haven at Southold, Town of �!.%outhold, Suffolk' County, New York, " surveyed December 10,0 1.95.8 by Qttc W. V'ar> Tuyl. & Con, Licensed Curveyora, Greenport, N, Y, , and i•,f'iled in the Office of the Clark of Suffolk County on the 22nd day of January, 1.969,, as Map NO. 291.0. " it.• 1110GI T1JER with a right of way over "Bay Haven Lane, " "Watersedge Way, 11 "Gin Laney and "Mid Way" as shown on said map, and the right, in common with other owners of the lots shown on Said map to the use of the "COMmunity Beach" as designated on said map, SUBJECT to the provisions of the declaration recorded by the i paj!�y of the .first part on February 10, 1969, in the Suffolk County Clerk' s Office In Liber 4686 at Page 346, RESERVING- NEVER`!'HFLE,BS unto the party of the first part, his heirs, administrators, executors and assigns, the fee to the said, "Bay Haven Lane, " "Water-sedge Way, " "Gin Laney and "Mid Way,, a and to the "Community Beach" and all franchise rights therein and the right of dedication to the CoLtthold nay Haven Property Owners Association, Inc. , or to the proper governmental agency for the use thereby and maintenance thereof, The parties of the second part agree for themselves, their heirt31 executors, administrators and assigns, that they wi:Ll. ,Join the Southold Flay Haven Property Owners Assoolettion, Inc, , and will abide 'by the rules and regulations of said association as set forth in the by-laws the re ok, 0-AL ESTATE '' STATE Or �t N E VV Y 0 n K C'; 11,1.1 1,11 jLL1 LrJ P. Jose,_ TOGETHER with all right, title and interest of the part y of the first part of, in and to the land lying ill the streets and roads in front of and adjoining said premises. TOGETHER with the appurtenances and all the estate and rights of the party of the first part In and to said premises. TO HAVE ANIS TO HOLD the premises herein granted unto the part ie s of the second part, their d is tribut e a s and assigns forever, [781-H 1444 lAGAZX') The grantor, in compliance with Section 13 of the Igen Law, covenants that the grantor will receive the consid- eration 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 grantor will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the said grantor covenant 8 that he has not done or suffered anything whereby the said premises have been encumbered in any way whatever. IN WITNESS WHEREOF, the party of the first part has hereunto set hISRECEIVEAnd and seal the day and year first above written. In presence of; MAR 01 6 20VjoN ' ZON 60ARD OF APPEALS ................ /_._ � GAG.// ...4✓�!. 7_J i-v�1'�J. STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the 1 a t day of Julie , nineteen hundred and sixty e:1.x before me came WILj;IA,1VI WEI,.[,S to me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged to me that he executed the same. Notary.t'uLlic, ;'State of i\'rw' tjrry N,. b.VW8,875 Suffolk CUnlltj'_, C4mauission respires March vls). 10. cc/s�I ct � I a � CC al 1—i + PEl 4 A � ti T4 -I Q w, 6o#s- Q a ' a %p P O L U® SUFFOLK COUNTY CLERK'S OFFICE N RIVERHEAD, N.Y. A-ASSIGNMENT CC-CERTIFIED COPIES EF-EXECUTION FILED MF-MAP FILED R-RELEASE AG-AGREEMENT CF-CERTIFICATE FILED EX-EXECUTION ISSUED ML-MECHANICS LIEN RET-RELEASE ESTATE TAX AMT-ADDITIONAL MTG. TAX CI-CERTIFICATE ISSUED HL-HOSPITAL LIES. MT-MORTGAGE TAX S-SEARCH AN-ASSUMED NAME CM-CHATTEL MORTGAGE IN-INDEX NUMBER NCI-NOTARY CERT. ISSUED SAG-SEPARATION AGREEMENT AP-AFFIDAVIT PUBLICATION CMP-COPY OF MAP INC-CERT. OF INCORPORATION NI-NOTE OF ISSUE SJ-SAT. OF JUDGMENT AW-ASSIGNMENT OF WAGES CR-CERTIFICATE RECORDED J-JUDGMENT NL-NOTICE OF LENDING TI-TRANSCRIPT ISSUED B-BOND D-DEED JD-JURY DEMAND O-ORDER TJ-TRANSCRIPT JUDGMENT BL-BUILDING LOAN DJ-DISPOSITION L-LEASE 00-OATH OF OFFICE TL-TAX LIEN C-CONTRACT DM-DISCHARGE OF MORTGAGE LP-LIS PENDENSPA-POW_v R OF ATTORNEY W-WILL CAN-CANCELLATION CERT. DT-DEED TAX M-MORTGAGE PHC-PHOTO COPY f RECEIPT RECEIVED FROM K. NUMBER CODE ITEMS 1 DATE AMOUNT F f ARTHUR WELLS 2361 E. 27 ST _.9?O3KLYR N.Y. n 229 239196 CS 69,406 1a 4.00 - i CS 69,506 DT 1 ML X8 '3 3.30 THIS IS YOUR RECEIPT ( F239 EXPLANATION OF SYMBOLS CS-CASH CK-CHECK DA-DEPOSIT ACCT. NC-NO CHARGE PC--ART CASH ELIZABETH A.NEVILLE,MMC ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ®,j, ®�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '�®,� �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 9, 2017 RE: Zoning Appeal No. 7058 Transmitted herewith is Zoning Appeals No. 7058 for Kevin McLaughlin for Arthur Wells- The Waiver to Unmerge Property Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Lot Waiver Questionnaire, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Building Permit No. 300Z, Title Searches, Copies of Deeds, Photos,Property Record Cards, Application Cover Sheet, Copy of Death Transcript for Arthur Wells, Property Map, and Surveys. i * * * RECEIPT * * * Date: 03/08/17 Receipt#: 216981 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7058 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#12177 $750.00 Wells, Arthur&Rose Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Wells, Arthur&Rose 580 Gin Lane Southold, NY 11971 Clerk ID: SABRINA Internal ID:7058 BOARD MEMBERS ®f S® - Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora 4� zt 3, Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer a� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®Uh19�y Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 6, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JULY 6, 2017: 9:30 A.M. - ROSE M. WELLS #7058 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-88-3-9, which has merged with SCTM No. 1000-88-3-8.1, based on the Building Inspector's February 17, 2017 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, at: 700 Gin Lane, Southold, NY. SCTM Nos.1000-88-3-9 and 1000-88-3-8.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: June 15, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NCoTlk. E U" F HEARINO The following application will be heard by the Southold Town ' Board of Appeals at Town Hall , 53095, Main Road , Southold: NAME : WELLS , ARTHUR # 7058 SCTM # : 1 000-88-3-9 8 . 1 VARIANCE : WAIVER OF MERGER REQUEST : UNMER E LOTS DATE . ' THURS . , JULY 612017 9 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 4 _ a ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net June 5, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, July 6, 2017 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before June 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 3, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. ##0002082220 i- 'I'ATE OF NEW YORK) i )SS: ICOUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 06/29/2017 Principal Clerk Sworn to before me this day of C4 ;�L,4 VSTINA OLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My COmmi®AIOn Eaplreg F®BlNsly 28,2020 t TYPESET Mon Jun 26 15 59 26 EDT 2017 ' tor's January 17, 2017 Notice of Disap- LEGAL NOTICE proval based on an application for a two lot SOUTHOLD TOWN ZONING residential subdivision,at:1)proposed two BOARD OF APPEALS residential lots having less than the code THURSDAY,JULY 6,2017 required minimum lot width of 175 feet,at: PUBLIC HEARINGS 2050 Platt Road,Orient,NY.SCTM#1000- NOTICE IS HEREBY GIVEN,pursuant to 27-1-9. Section 267 of the Town Law and Town Code 11:15 A.M. —THEODORA TSATSOS Chapter 280(Zoning),Town of Southold,the #7067-Request for Variances under Arti- following public hearings will be held by the cle IV, Section 280-18, and the Building SOUTHOLD TOWN ZONING BOARD OF Inspector's March 22,2017 Notice of Dis- APPEALS at the Town Hall, 53095 Main approval based on an application for a sub- Road, PO Box 1179, Southold,New York division to create two residential lots,at:1) 11971-0959,on THURSDAY,July 6,2017. proposed residential lots having less than 9:30 A.M.-ROSE M.WELLS#7058- the code required minimum lot width of Request for a Waiver of Merger petition 150 feet,2)proposed residential lots having under Article II,Section 280-10A,to un- less than the minimum lot depth of 175 feet, merge land identified as SCTM No. 3) proposed residential lots having less 1000-88-3-9, which has merged with than the required 40,000 sq.ft.in area;at: SCTM No. 1000-88-3-8.1, based on the 1565 Greenhill Lane, Greenport, NY. Building Inspector's February 17, 2017 SCTM#1000-33-2-24. Notice of Disapproval,which states that a 1:00 P.M.-KARRAS UPSTATE,LLC non-conforming lot shall merge with an #7070-Request for a Variance under Arti- adjacent conforming or non-conforming cle III, Section 280-15 and the Building lot held in common ownership with the Inspector's April 7, 2017 Notice of Dis- first lot at any time after July 1,1983 and approval based on an application for a per- that non-conforming lots shall merge until mit to legalize an "as built" accessory the total lot size conforms to the current building (pool house), at: 1) located in bulk schedule requirements (minimum other than the code required rear yard; 40,000 sq.ft.in the R-40 Residential Zon- located; at: 11920 Bayview Road,South- ing District); located, at: 700 Gin Lane, old,NY.SCTM#1000-88-5-28. Southold,NY.SCTM Nos.1000-88-3-9 and 1:15 P.M -LOUIS BONETTI#7071 - 1000-88-3-8.1. Request for a Variance under Article 9:45 A.M.-ORIOLI&SON RENTAL XXIH,Section 280-124 and the Building EAST,LLC#7059-Request for Variances Inspector's March 29,2017 Notice of Dis- under Article X,Section 280-46; and the approval based on an application for a per- Building Inspector's December 22, 2016, mit to construct additions and alterations amended January 12,2017 Notice of Dis- to an existing single family dwelling,at:1) approval based on an application for a per- less than the code required minimum front mit to construct additions and alterations yard setback of 35 feet;at;170 Silver Lane, to an existing commercial building at: 1) Greenport,NY.SCTM#1000-47-2-3. proposed additions to provide four(4)sep- The Board of Appeals will hear all persons arate uses upon a single parcel less than the or their representatives,desiring to be heard at minimum allowed 80,000 sq. ft. in total each hearing,and/or desiring to submit writ- area(or 20,000 sq.ft.in area per permitted ten statements before the conclusion of each use); located, at: 13175 NYS Route 25, hearing Each hearing will not start earlier Mattituck,NY.SCTM#1000-140-3-38.4. than designated above.Files are available for 10:15 A.M. - PATRICK AND DIANE review during regular business hours and SEVERSON#7062-Request for Variances prior to the day of the hearing If you have under Article III,Section 280-15F and Ar- questions,please contact our office at, ticle XXII, Section' 280-116A, and the (631)765-1809,or by email. Building Inspector's March 3, 2017, KimF@southoldtownny.gov amended March 13,2017 Notice of Disap- Dated June 15,2017 proval based on an application for a permit ZONING BOARD OF APPEALS to construct additions and alterations to an LESLIE KANES WEISMAN, existing single family dwelling and to legal- CHAIRPERSON ize an"as built"shed,at:1)"as built"shed BY Kim E Fuentes,Board Assistant located less than the code required mini- 54375 Main Road(Office Location) mum front yard setback of 50 feet;2)"as 53095 Main Road(Mailing/USPS) built"sired located less than the code re- P.O Box 1179 quired 100 feet from the top of the bluff;3) Southold,NY 11971-0959 additions to the single family dwelling lo- 2082220 cated less than the code required 100 feet from the top of the bluff,at:9202 Bridge Lane,(Adj.to the Long Island Sound)Cut- chogue,NY.SCTM#1000-73-2-3.1. 10:30 A.M.-ROBERT RAGONA#7060 - Request an interpretation pursuant to Article II, Section 280-10A and the Building Inspector's March 8,2017 Notice of Disapproval based on an application for a waiver of merger.The applicant requests; 1)that the applicant be exempt from the Town of Southold Waiver of Merger Law; 2) that the Board amend Appeal #3827 dated October 4,1989 to remove the refer- ence of "subdivision;" located at: 350 Wood Lane, Greenport, NY. SCTM #1000-43-4-29&30. 11:00 A.M. - EVE MACSWEENEY AND VERONICA GONZALEZ #7063 - Request for Variances under Article III, Section 280-14, and the Building Inspec- 1.KEVIN MCLAUGHLIN Attorney At Law Telephone(631)765-6085 Winds Way Professional Center Facsimile(631)765-1856 44210 Rt.48,P.O.Box 1210 Email 1krnc1aw it optonline.net Southold,New York 11971 June 23, 2017 Southold Town Board of Appeals Southold Town Annex 543755 Main Road ® Souothold, NY 11971 Re: Rose M. Wells -#7058 Members of the Board: I have enclosed the signed and notarized Affidavit of Mailing, along with the six (6) signed return receipts in the above-referenced matter, which is scheduled for a public hearing on July 6, 2017. ;Lag , ,je hIin Encs. Hand Delivered .•,y* c-®®_ _�4,. - .. j.� '='.'"r6 ,c�'�s.`.d� j_ _ _ - -----e--•-- _"�-_;.�.,:;--,-_'-,�, -M•�w . � -e ®I°d_ "y ��I ,x• © s�� o ® m e-e .�-�- ' a.� .is, a,,. ;,.�,� .. ®�- �• ' frl ru L o•,s- =00',010499d-e • :iTel 551 i1w, n`�&1441 1.111 € 'i t-� 4 x' w Ln a e- f 00 .' J IS <-,. & as ,1 �„ w i w'a \• .. €x \„r• O 7 i s- Ln Post'• fa97102 KLrt . -Post M 0971 '� Certified Fee $0.00_ (��1'p� i ,-a '• 02 Certified Fee §Oen 0 Return Receipt Fee t/ Here..J, PostTa '� Return Receipt Fee . stma (Endorsement Requ red) $0.00 �. G, O p C3 1/ 0 (Endorsement Required)' $0,on. �}lere O Restricted Delivery Fee $13 ;:` ` g (Endorsement Requ red) C3 Restricted Delivery Fee O $0 O (Endorsement Required) ro �, Total Postage&Fees $ �� �7�2 ,p $0 O ikA An Total Postage&Fees Sent To rq Qjj Sent ToC3 C6111- - _----b A V1 rl Street,A t.No.; ______ _ /�• �i r-1 Street A t No.;'A!Iz �°" -"- '_�p or PO Box No.._.. 6 I W—a' �.il� p _„_____ ._. ....._.._.... _____ _________________ O or PO BoxN�.r City,State,ZtP+ � �' t I / _ �-"------------- - Le I Ie• o e �' o oe ,� • ;i •o •WEST S YV t-t V I�� 1,96 � s; ��ya F 50l fH0W l �NY•�1 971i' s P w.": �. C3 [� Pos •. X97Post A.zip - 0971 - 04 rq Certified Fee so�CICS �'� Certified Fee - $ .Oil i q $0.00 Postmark . - Return Receipt Fee fA) II� ere "� C3 Return Receipt Fee - ()I 1 P st k C3 (Endorsement Required)' $CI,00 JUj 7 Y 0 (Endorsement Required) $[I,CI, r - 2011 --a t3 Restricted Delivery Fee O Restricted Delivery Fee ry (Endorsement Required) =u (Endorsement Required) ®' 'D C3 $I] $0 JUN 14 2011 =I Total Postage&Fees Total Postage&Fees �yl 06/14/ 1 r-q11 ent To �G T` Sent To C3 Ic r3 r r•� Street,••ApY.No.: - - --- Street Apt No.; E3 or PO Box No. E3 or PO Bax No. � r` City,--,State,,Z�'rC�--Ji` --�� City,State,�4 • PL)��E fH!S StQTION CoiVIPLETEi • • I ■ Complete items 1,2,and 3. gnatu � ■ Print your name and address on the reverse Agent -- so that we can return the card to you. essee �`� i Attach this card to the back of the mailpiece, B. e e v d by(Pnn d Name) C elivery } or on the front if space permits. - f1 1. Article Addressed to: D./Is delivery address different from item 17 es /�� ,y_ ^ ��T 0 /`►, ��-i �_� If YES,enter delivery address below: ❑No { 3. Service Type ❑Priority Mail Express® f fll�lflll IIII 111111111 HE 1111111111111111111 13Adult Signature ❑Registered MailThi Ig Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0355 5163 4072 95 Nertiried Mail® Delivery iiflflflfl77 Certified Mail Restricted Delivery ❑Return Receipt for ; ❑collect on Delivery Merchandise 2. Article_Number l ransferfrom_senticeJa6etl ,Q.Collect on'Delivery•Restricted Delivery. ❑Signature ConfirmationTM i❑Signature Confirmation 7 D'1 7, 6'�' r�0 1`'15 7 '6 4.9'6 'estnoted Delivery i i Restricted Dehvery' PS Form 3811,April 20,15 P,514,7530-0 000-9053 ` ' Domestic Return Receipt , € _ f' LEGAL NOTICE MAILED T0: - • Anthony J. Farino & Christine J. Farino SUM #1000-88-4-5 18 Ron Gburt Commack, NY 11725 Helen Sonitis SUM #1000-88-4-6 157 Demott Avenue Rockville Centre, NY 11570 Kathleen Kaspar SCTM #1000-88-4-7 835 E. Broadway Long Beach, NY 11561 Carol Conroy SUM #1000-88-3-6 380 Gin Lane Southold, NY 11971 Angela Savino SCTM #1000-88-3-10 Angela Savino (mailed to this 2nd address after Angela Savino 176 E. 77th Street and 790 Gin Lane called my office and requested, sent by New York, NY 10021 Southold, NY 11971 certified mail, return receipt requested on June 14, 2017) Suffolk County SCTM #1000-87-6-12.1 Department of Parks, Rec. & Con. Attn. John Pavaci c, Comm. P.O. Box 144 ` West Sayville, NY 11796 iru 0 Ln `0 °RO /IPC, Ei`fR� VAP C3 Posg�• '4971 Certified Fee $t{• [I ®�' 7s��j Postmark Return Receipt Fee He y' =' °" q " (Endorsement Required) F�p11 "� CO�IhfQC�; � 1 �°� �3� °f_� � ° ° O Restricted Delivery Fee (Endorsement Required) r` PeSM V` 0971 0 - 02, -111 - Total Postage&Fees '� Certified Fee $0.GO i197J r-a Sent To ,- / Ago ark i rq Return Receipt Fee Q Her 1 (EndorsementRegwred) $0 Her 7 _-...____ l-------- �I a Street,Apt. o.; n O Restricted Delivery Fee -' or PO Box No. I � 1 (Endorsement Required) P- City State,ZIP --------- - - _r_____ C $� �� 6/r 7 r° c�k it fk P—Qw t�`� k �47a Total Postage&Fees : y� ", rq _` C3a�YI 4Ae� �1 h S t To r9 Street Apt No l ' ED [+ 1=1 orPOBoxNo. ; =~ r -- - -------------------------- City State,ZIP+4 _1` t p t �„.t' i .`�'o LOWB AC Ki 0Y 161 , L °C C3 r- Post .35 01971 , Ln 02 , . Certified Fee $0,101117 N)i, rl ®� PCs [� Retum Receipt Fee Here r-3 (Endorsement Required) $10.1.0(1 O Restricted Delivery Fee �1 (Endorsement Required) M $0 J 0 Total Postage&Fees Ej/07/ 7 Sentfi (, ( ----- al T_- -_ rl Stret.No.; 0 or PO Box No. e-. -s -- City,State,�IP+4 - TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK j AFFIDAVIT OF j In the Matter of the Application of MAILINGS I - ' ROSE M. WELLS (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I I, J. KEVIN MCLAUGHLIN residing at 680 Old Orchard Lane, East Marion New York, being duly sworn, deposes and says that: On the 7th day of June , 20 17, I personally mailed at the United States Post Office in Southold ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy oftheattached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (x)Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding t e-a icant's property. J. KEVIN LAUGH1nature) Sworn to before me this ;jdaof June c�QIa 17 SABRINA M BORN ublic,State of New York No.01 806317038 (Notary Public), Qualified in Suffolk County Commission Expires Dec. 22, 2018 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. COMP.LETE THIS SECTION ONDL,_,.,.,Iy imm==Q� ■ Complete items 1,2,and 3. A. Signa r ■ Print your name and address on the reverse % [3 Agent so that we can return the card to you. D Addressee B• *40 1 ■ Attach this card to the back of the mailpiece, ecei ed by(Printed Name) C. Date of Delivery i } or on the front if space permits. I i 1. Article Addressed to: D. Is delivery addre., t �tg 1? ❑Yes f {, If YES,enter eii'�� address ❑No- 15c7 �mbkA �''^`x o j IIII'I I'll 1111 l I I I II Illi 11I 111 I I I'I III II III 3. Service Type -❑II y Mail Expresso j❑Adult Signature Q Registered MaIIT^+ � Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0355 5163 4072 88 ertifed WHO Delivery ertifled Mail Restricted Delivery ❑Return Reoelptfor ❑Collect on Delivery Merchandise i 2. Article NutDber_(Transfer from servir_a/ah PA ❑Couect on Delivery Restricted Delivery [3 Signature ConfirmationTM' i �Itail ❑Signature Confirmation 0]� 1060 000115 7 0 6502 ersao0)I Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I - �yltS ' COMPLETE • • . ON.DELIVERY . ■ Complete items 1,2,and 3. A. Signatuu ■ Print your name and address on the reverseX E3Agent so that we can return the card to you. El Addressee i ■ Attach this card to the back of the mailpiece, B. Re eived by{Printed am C. Date of Delivery j or on the front if space permits. , 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below. ❑No rLq � II I lllltl IIII III I I I I l II IIII II 1111 1111ll III I Ill ❑Adult Service Signatur0 Priority Mail e 13 13 Registe ed MaipTrr.+esso qAdult Signature Restricted Delivery ❑Registered Mail ResVicted 9590 9403 0355 5163 4072 71 IEi,Certified Mailo Delivery t❑]Certified Mail Restricted Delivery El Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number (Transfer-from service/abeq O Collect on Delivery Restricted Delivery ❑Signature ConfirMationTM" —d Mail ❑Signature Confirmation i 1500)1 April Restricted Delivery Restricted Delivery 7010- 1060 ' 0001 ,1570 6 519 P5 of im 351 1 ril 2015 PSN 7530-02-000-9053 Domestic Return Receipt, , • • • LI�IF < ■ Complete items 1,2,and 3. A. Si ure i ■ Print your name and address on the reverse '►Agent i so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mailpiece, y n N me) Date o elivery or on the front if space permits. 1. Article Addressed to: U Is deli ddress different from Item 1? Ell C&X5' If YE a er delivery address below: ElV No I �J(J [ Y� `�' -71 i ll flllll illi 1111 I I I I II IIII II I I II I l 111 l II I l Ill Adult Signature ree 0 Priority Mail esso 11n+ Registered MaillT ❑ r ❑�4duit Signature Restricted Delivery 13 Registered Mad Restrictedly 9590 9403 0355 5163 4072 64 Certified Mail® Delivery ert+fied Mail Restricted Delivery ❑Return Receipt for ❑Collect on DeliveryMerchandise 2. Article Number(Transfer from_service label) ❑collect on Delivery Restricted Delivery [3 Signature ConfirmationTa —lil ❑Signature Confirmation I ?010 1060 0001 1570 6526 id Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 ' A. Si nature aA9 t to Complete items 1,21 and 3. 1 \\ ■ Print your name and address on the reverse so that we can return the card to you. g, Receiv by( ri ted Nam .Date of De�fe�y� ■ Attach this card to the back of the mailpiece, {� %%'\ or on the front if space permits. No �'',p Yes 1. ArticD. Is delivery address different from t°m rt:7,6�le Addressed to: If YES,enter delivery address ❑ 1 ! r7 <j �f J l 3. Service Type 11 Priority Mail Express@ VIII II9I III I I I I I II Itll II I I II II I III I I�I III ❑Adult Signature p Registered Mail R tl I I ❑ dult Signature Restricted Delivery ❑Registered Mail Restricted �/ Certified Mad® Delivery i V ❑Return Reoeiptfor 9590 9403 0355 5163 4070 97 Certified Mail Restricted Delivery Merchandise ❑Collect on Delivery ❑Signature ConfirmationTm ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 2 n+; rat r :+Aor?r�nefnr frnm carvicaJa6an 11 Restricted Delivery ' 7 010 1060 0001 1570 6 410 ll Restricted Delivery Domestic Return Receipt ; PS Form 3811,April 2015 PSN 7530-02-000-9053 �lLs COMPLETE THIS SECTION I - ON . • Feceiyed natu e ' I ■ Complete items 1,2,and 3. ❑Agent 91 Print your name and address on the reverse ❑Addressee + so that we can return the card to you. by(Printed*rne) C. [14le of eltvery + ■ Attach this card to the back of the mail piece, i }l or on the front if space permits. 1. Article ddresse ea D. Is delivery address different from item 17 ❑ es 1 � " If YES,enter delivery address below: [3No pec- fI I IIIIII IIII III I I I I t II IIII II t I II I I II II Itll.11l ❑ Service p mail Express(D Adult Signature p Registered MaillTm rduit Signature Restricted Delivery Q Registered Mad Restricted( ert�ed Mail® Delivery9590 9403 0355 5163 4072 40 ertiSed Mad Restricted Delivery ❑Return Reoeiptfor j ❑Collect on Delivery Merchandise Delivery Restricted Delivery ❑Signature ConfirmationTm ❑ 'Signature Confirmation 7.010 10 6 0 o o a 1 1,5 7;� 6 5 4 0 it Restricted Delivery+ i t Restricted Delivery (over$500) Domestic Return Receipt PS Form 3811,April 2015 PSN 7590-02-000-9053 �_, TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ®� SOUTHOLD,NEW YORK Li ELL's AFFIDAVIT OF In the Matter of the Application of POSTING ROSE M. WELLS (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000-88-3-8.1 & 1000-88-3-9 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J. KEVIN MCLAUGHLIN residing at 680 Old Orchard Lane, East Marion ,New York,being duly sworn, depose and say that: _ d` On the 161+ day of June , 2017 , I personally placed the Town's Official Poster,swith the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* dd th t upon checking the signs on June 23, 2017 I found both were missing. I obtained 2 new signs from the Southold Town A and re-posted them on June 23, 2017. have I hereby confirm that the Posterd=remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be July 6, 2017 , J. KEVIN LAUGHLI ignature) Sworn to before me this 30A Day of�v� , 201 7 ` CQNNIE D.BUNCH (� P Notary Public,State of NqW York No.01 BU6185050 (Notary Public) Qualified in Suffolk County Commission Expires April 14, * near the entrance or driveway entrance of my property, as the area most visible to passerby. 1.KEVIN INCLAUGHLIN Attorney At Law Telephone(631)765-6085 Winds Way Professional Center Facsimile(631)765-1856 44210 Rt.48,P.O Box 1210 Email lkmclaw(H.),optonline.net Southold,New York 11971 June 30, 2017 Southold Town Board of Appeals Southold Town Annex 543755 Main Road Southold, NY 11971 F Re: Rose M. Wells - #7058 Memberof the Board: I have enclosed the signed and notarized Affidavit of Posting in the above-referenced matter, which is scheduled for a public hearing on July 6, 2017. Very y yours, J. evi cLau in Enc. Hand Delivered BOARD MEMBERS ��®F S0(/T�o -f Southold Town Hall Leslie Kanes Weisman,Chairperson �® 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer C013Q Town Annex/First Floor,Capital One Bank George Horning 'n, ® y0 54375 Main Road(at Youngs Avenue) Kenneth Schneider C® [/ � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 March 8, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7058 Owner/Applicant : WELLS, Arthur Action Requested: Waiver of merger. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: < ' Encls. BOARD MEMBERS DF S®!/j Southold Town Hall Leslie Kanes Weisman,Chairperson �� �0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® aQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentouNTv,4Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 July 24, 2017 J. Kevin McLaughlin P.O. Box 1210 Southold,NY 11971 Re: Appeal No. 7058 Wells, 700 Gin Lane, Southold SCTM No. 1000-88-3-8.1 & 9 Dear Mr. McLaughlin: Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals rendered on July 20, 2017. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. Sinc rely, Kim E. Fuentes Board Assistant Enc. cc: Building Department 74 77- 70 te�fs, � ge- W10 2 LIO oe, 9 9 103 104 SA 31 18A 7 9A(c) 3 22 4A 4 13A 7 6 2 7A 12A k2 ZOA 3n (66,) 6iT 2 < 28 1. ------ 'Ift SKOREl1 NE W SO Carat Creak z o'j 011) .2.3 31 —,vj .9 1352 6 24 9A &j (%'so A -10 ft)49 36 J" 9 35, FOR PCL NO ft (PARCELW OPEN SPACE) SEE SEC NO 087-06-012 1 36 41 MI) (IIj 710, W) 00 — %7631V2 -44- 13 75 43('M 13 'cfVT PL 48 2 47 g 46 9 19 f" W) - 13 1. ­ 13 47 A -10 41 M 4So' 7 68� 66 65 S Ge 53 62 13 1343 44 63 3 1 BA 61.1 1 45 1346 1 2A I BA M) W) to 11� 6 BEAC MM) . CEL- F.D.28 L D.43 12 yrgp�AyF-.rte ,la HOG NECK BA Y N 378 482 (21) s— 5 SMR_ D.— -E