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HomeMy WebLinkAbout7183 o2�S 8�rhs pCc�e2 Pec"m m 110 14 Inas eR d aeel f l o-f- -� jU c�� l wt 9 `� ► Sic 02yb-- l a i a0Lg C( SPX 9440179 71 CHECK BOXES AS COMPLETED ✓ ( ) Tape this form to outside �f file ( ) Pull ZBA copy of ND : `' ca o Q 11 ( CL CL ) Check file boxes for-10� cih ( ) Assign next number on h y { O outside of file folder ( ) Date stamp entire origiiIQ m -n -0 � -U - v rn o file number O x o O � D u O ED 3 Hole punch entire origi r m o Cr (before sending to T.C.)' v M X " 0) � ( ) Create new index card z N co 0- ( ) Print contact info &tap( v oo N i Cn i ( ) Prepare transmittal to T 3 o u, � ( ) o NSend original application to Town Clerk CD v ( ) Note inside file folder w o n and tape to inside of fo —{ ( ) Copy County Tax Map; P< � neighbors and AG lots -o ( ) Make 7 copies and put v ( ) Do mailing label o 00 w � 1 IvQ�� l OP � i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF S®UTyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor; Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lycounm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 7RECEIVEID1FINDINGS,DELIBERATIONS AND DETERMINATI NT 9 2O1S MEETING OF OCTOBER 4,2018 e4��a ^' n.,,ia ZBA FILE#7183 So hold Town Clerk NAME OF APPLICANT: Edward C. Booth Revocable Trust PROPERTY LOCATION: 265 Burtis Place, Peconic,NY SCTM#1000-67-4-16 and 1000-67-4-9 SEORA 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 not required to be referred to the Suffolk County Planning Department under Administrative Code Sections A 14-14-23. 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. PROPERTY FACTS/DESCRIPTION: The subject property is identified as SCTM Nos. 1000-67-4-16, having 10,788.74 square feet in area, and 1000-67-4-9, having 16,319.36 square feet in area, both located at 265 Burtis Place,Peconic. The two parcels represent a total of 27,108.10 square feet in area. Lot#16 and#9 measures 251.10 feet along the northerly property line and measures 91.44 feet along the easterly property line, measures 230.42 feet along the southerly property line, and measures 35.00 along the westerly property line as shown on the survey map by Kenneth M. Woychuk, PLLC, dated January 2, 2018. The community is known as Peconic Shores which was filed with the Suffolk County Clerk in 1930. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 10,788.74 square feet(SCTM#1000-67-4-16)from an adjacent land area of 16,319.36 square feet(SCTM 1000-67-4-9), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10 determining the properties have been merged. Article 11 Section 280-10 states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more distance. Nonconforming lots shall merge until the total size conforms to the current bulk schedule requirements." ADDITIONAL INFORMATION: The Peconic Shores neighborhood consists of generally small lots and small homes. Burtis Place is a dirt road as are all the roads in the community. Several letters were received by the Board, and testimony obtained from other resident's in the neighborhood at the public hearing held on Page 2, September 20, 2018 #7183, Booth SCTM No. 1000-67-4-16 on August 2, 2018, all in opposition to this application. Only those portions of the letters and testimony received by the Board that addressed points relevant to the issue before it were considered by the Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 2, 2018 at which time written and oral evidence were presented. 1. The applicant's attorney, among other things, stated at the hearing that he believed the subject lots may have been exempt from the merger law based upon a list of subdivisions that were exempt from the merger statute in 1995 when the merge law was amended by the Town Board. The Board adjourned the hearing to permit the applicant's attorney to conduct further research. 2. Section 280-10 (C)(4) states that if a lot is on one of the maps described in former Section §100-12, and has been held in single and separate ownership from January 1, 1997,to date,then it is exempt from the merger under Chapter 280. 3. Included in the list of subdivision maps exempt from merger under Chapter 280 is a Map entitled "Peconic Shores—Section One." 4. On August 13, 2018, the applicant's attorney sent the Board a letter, which among other things, contained two filed subdivision maps of wherein "Peconic Shores"was included in the title, namely, "Map of Peconic Shores" which was filed in the Suffolk County Clerk's Office in 1924 (hereinafter referred to as "the 1924 subdivision map") and "Map [unreadable] 2 Peconic Shores" which was filed in the County clerk's Office in 1930 (hereinafter referred to as "the 1930 subdivision map"). Some of the lots contained in the 1924 subdivision map are also contained in the 1930 subdivision map. The subject lots are only located on the 1930 subdivision map. Neither the applicant's attorney nor staff was able to find a map specifically entitled "Map of Peconic Shores—Section One." 5. The applicant's attorney goes on to argue that 1) because no map entitled Map of Peconic Shores— Section One" could be located, and 2) the subject lot is one of the maps with Peconic Shores in the title, and 3)the two maps are related in that the lots on the 1924 subdivision map are also included in the 1930 subdivision map, making; that it was the intent of Town Board that the subject lots be included in the exemption under Section 280-10 (C)(4). 6. The Board finds the argument unpersuasive. The Boards find that, if anything, it was the intent of the Town Board in listing "Map of Peconic Shores — Section One" that only those lots contained in the 1924 subdivision map should be exempt from the merger provisions and not those lots contained on the 1930 subdivision map. 7. Since the subject lots are not exempt from merger, the Board must determine if the lots are eligible for a "Waiver of Merger" pursuant to Section 280-11 A of the Town Code. 8. Sections 280-11(A) and (B) require the Board to engage in a two-prong test before granting a waiver of merger. Pursuant to Section 280-11(A)the Board must determine whether the lot proposed to be recognized has been transferred to an unrelated person or entity since the time the merger was effected. If the lot has been transferred to an unrelated person,the lot is not eligible for a waiver of merger. If the lot Page 3, September 20, 2018 #7183, Booth SCTM No. 1000-67-4-16 has not been transferred to an unrelated person,the Board must engage in a balancing test of 3 factors to determine whether the lot is eligible for a waiver of merger, namely,whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation, and(3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. 9. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that the lot proposed to be recognized has NOT been transferred to an unrelated person or entity since the time (July 1, 1983) the merger was effected. 10. Here, the Title Report included in the application illustrates the merger was effected on July 1, 1983 when both lots were owned by Edward Schwartz and Yolanda Elaine Schwartz. 11. In 1995, after the death of Edward Schwartz , Eleana Schwartz, as Executor of the Estate of Edward Schwartz, sold lot 9 to Edward Booth and Patricia S. Booth and lot 16 to Patricia S. Booth; both purchasers are unrelated to Edward Schwartz. 12. Because the current owner/applicant who is making this request is unrelated to the owners at the time the merger was effectuated,the Board finds that this application/applicant is ineligible for a waiver of merger. 13. Further, because the subject lot is ineligible for a waiver of merger pursuant to Section 280-11 (A), the Board need not conduct the balancing of factors contained in Section 280-11(B). RESOLUTION OF THE BOARD: Pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried to DENS'the waiver of merger as applied for Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). C2 ZI-f- 144o Leslie Kan s Weisman Chairperson Approved for filing /�// S7/2018 i" 3 j S.C.T.M. NO. DISTRICT: 1000 SECTION: 67 BLOCK: 4 LOT(S):9 RECEIVED APR I 120 ZONING BOARD OF APPEALS ILOT 87 I LOT 102 U.P. 127.60' MON. N 5¢"33'30" E 6, OCKgpE o 5's EL 18.0 MON. FE 4' STOC E 0.4'S N � t4 EL 21.0 o LOT 88 C LOT 701 EL 20.0 � Ol�r:�:;:::::::,:•' :N C.P. �� � .�� CISu� 1 .STY FRM.•': =d•m:DWELLING;: •'.o, 38.9' LOT 89 EL 20.2 50.8' LOT 100 �-1 EL 21.0 DIRT/STONE - WELL DRIVEWAY EL 20.2 U.P. MON. H EL 20.0 4' CF{pfNUNK H CWn LOT 99 LOT 90 --- --_— -- - - - -- EL 21.4 - EL 17.4 114.16 ON. MON. W g 5¢'33'30" LOT 91 00 0 0 0 FASBENDER AVE. 7HE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS AREA: 16,319.36 SQ.Ff. or 0.37 ACRES ELEVA770N DATUM. NAVD88_� +N UNAUTHORIZED ALTE'RA77ON OR ADDITION TO 774/S SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID 7RUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO 7HE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7777J7ION LISTED HEREON, AND TO 7HE ASSIGNEES OF 7HE LENDING INS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE ]HEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE 77-1E EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE S7RUEFURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 88,89,90, INCL. CERTIFIED TO: EDWARD C. BOOTH; MAP OF: PECONIC SHORES — MAP #2 _ BOA AS CO TRUSTEES OF THE CREDIT SHELTER TRUST FILED: SEPT. 15, 1930 No.654 _ OF PATRICIA S. BOOTH REVOCANLE TRUST, SITUATED AT: SOUTHOLD TOWN;SOUTHOLD = TOWN OF: SOUTHOLD _ _ KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Bos 153 Aquebogue, New York 11931 FILE — "— ' DATE:JAN. 2 2018 PHONE (831)298-1588 PAX (831) 298-1588 # 5-229 2 SCALE:I "=30'30 ' N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk S.C.T.M. N0. DISTRICT: 1000 SECTION: 67 BLOCK: 4 LOT(S): 16 C.P. VACANT DWELLING I WELL I I RECIRVED C.P. I I APR 112018 ZONING BOARD OF APPS ILS, ` I I DWELLING I DWELLING ROPOSE I I 2 STY FRM. DWELLING I I • WELL C.P. FFL(22.0) 129' IST FLR: 976 S.F LOT 87 I LOT 102 2ND FLR: 913 S.F. , I 123.50 U.P. v N54033930"E _.• •� I EL 18.0 o r-WATE§UNE p OSED WELL — 6' gTOCKADE EL 18.0 - % ,•`.;; ,35". U: I 35' N WOOD 'O STOOP •. t'°"DRIVEWAY;:'.' C: (1 5) (19.5 O ! • LOT 8 O LOT 101 F 000 :�:..:::!•': :::: :.'. ::' : ? (o %iDING EL 0.5VER 150' C.P. _ T�(200) Z (20.5) 35.0' v1CELLAR ENT. EXP DWELLING LOT 89 O ST Lor 100 100' I �' DIRT DRI Y (� I _j USED BY 0 ERS 100' MIN EL 21.4 5.5'74 EL 2 .2 I WELL T EL 20.2 1.4'N rn I MON. jo.2'CL ELEV. 20.5 _ _� 4' N INK �M• C.P. ' OL BROWN ' 330" X SHEu c I LOAM 8' LOT s PROPOSED BROWN7 BEDROOM SYSTEM o SM YAW 1.8' LOT s0 2,000 GAL. SEPTIC TANK '(2) 10 DIAx8 DEEP LEACHING POOLS PALE a I DWELLING BROWNo 0o WELL OVER 150 SC TO 131' w DWELLING I SEPTIC OVER 150' COARSE __— SAND _ N — WATER EL 4.8 MEDIUM ip SAND n? v WITH 0 Sc CLAY B NDE 5.3' DWELLING IN WATER —21' JAN. 15, 2016 WELL -K.-WOYCNUK-LS___ NOTE: POOR CLAYEY MATERIAL WELL TO BE REMOVED AND BACKFILLED VACANT WITH MIN 3' COLLAR OF CLEAN 45' COARSE SAND. _ _ ZONED R-40 WELL NON—CONFORMING LOT FASBENDER AVE. FRONT YARD: 35'MIN REAR YARD: 35'MIN I THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL SIDE YARD: 10'MIN (25' TOTAL) LOCA77ONS SHOWN ARE FROM FIELD OBSERVA71ONS AND OR DATA OBTAINED FROM 07HERS, AREA: 10,788.74 SQ.FT. or 0.25 ACRES ELEVA77ON DATUM.• NAVD88 ----- UNAUTHORIZED AL7ERA770N OR ADDI77ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF 774E NEW YORK STATE EDUCA71ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 774E 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 7HE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TUTION LISTED HEREON, AND TO THE ASSIGNEES OF 774E LENDING INS77TUT70N, 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 EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND 0774ER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE S7RUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 100 & 101 INCL. CERTIFIED T0: EDWARD C. BOOTH; MAP OF: PECONIC SHORES — MAP #2 = - BOA AS CO TRUSTEES OF THE CREDIT FILED: SEPT. 15, 1930 No.654 % SHELTER TRUST OF PATRICIA S. BOOTH SITUATED AT: SOUTHOLD _ _ REVOCABLE TRUST; SOUTHOLD TOWN; TowN OF. SOUTHOLD - KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Bog 153 Aquebogue, New York 11931 FILE15-229-1 SCALE: 1 "=30' DATE: JAN. 15, 2016 PHONE (831)298-1588 FAX (631) 298-1588 # N.YS. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk i S.C.T.M.# DISTRICT 1000 SECTION 67 BLOCK 4 LOT 9 & 16 APR I �� g� zONTV POARD faFAP�FAI S C.P. I t VACANT DWELLING IWELL C.P. I I I I i I I � Nom• I I 1 I I IDWELLING I DWELLING ''s• ROPOS I I I 2 STY FRM. DWELLING I I WELLC P FFL(22.0) 129' IST FLR: 976 S.F LOT 87 I LOT 102 2ND FLR: 913 S.F. , U.P. v I I 23.50 ° '� E I U.P.p 127.60' MON. N 54 33 30 EL 18.0 o rYVA7ER LINE.. P ft OSED I i . .. WELL v► 0 5 % , ...:•.. . • I jJ 54°3330 6' STOCKADE 'S EL 18.0 ?pROf'OSED::•..;•;:~;•" MON. 35' FE 4' STOC E WOOD '�S• e� I STOOP ."DRIVEWAY;: 0.4'S Ip ep (1�g x(19.5 :. ;o EL 21.0LOT 101 Z b LOT 88 , ii;;•:II::::::::::::::::::::::::::::::I:::P 1 1 o � �wEui p.y w , 00 to I Ac e + X30 sroo �:i':.iiiiiiiiii::: iiiil` iliiiiiii iliili � DWELLING I,illjiiiji Hil+ 24.3' [iiiill ';•i Ii;I:i: ti:i:i:i:I:::Is::Lr EL 0.5 ' c 4 N 0.0 i I WELL OVER 150 to r b -- C.P. I 4z.>s!;I;Ili;:liI;;i 1 STY FRM.' (2010) ( )20.5 35.0 w 8 N DWELLING X LLI G 5.09) -- I CELLAR ENT. O IL I C.P 38.9' FFL 22.6 EXP O m LE-40 1 I L. � EL 20.2 LOT 89 nt I O �� � to 24.3' � 5ST1p00.8' � LOT 100 1 I � I _j I DIRT DRI Y J EL 21.0 Z LP USED BY 0 ERS 100' 8' EL 21.4 5.5' EL 2 .2 I H o �-{ DIRT/STONE MIN h ' F 1.4'N I v DRIVEWAY WELL MEL ON 20.2 U.P. H 4' INK FRM C.P. :,,`:.C.P.-;•;, ti M-� EL 20.0 O N 3 '30 E X SHEO I E"1 LOT 9 PROPOSED & �+ o SWC I 7 BEDROOM SYSTEM !r o LOT 902,000 GAL. SEPTIC TANK ►�+ °= (2) 1O'DIAx8' DEEP LEACHING POOLS IDWELLING q $ WELL OVER 150' EL 21.4 w DWELLING SEPTIC OVER 150' EL 17.4 114.16 ON. MON, x t!i S 54°33 30 W I �, " LOT 91 N DWELLING WELL WELL MON. VACANT ELEV. 20.5 45' BROWN OL LOAM 0.8' 00 - O o SM BROWN LOAMY 1.8' SAND _ MON_ PALE BROWN Sc FINE 13.1 To WELL I COARSE SAND - WATER EL 4.8 MEDIUM SAND Sc WITH 5.3' CLAY BINDE IN WATER -21' JAN. 15, 2016 K. WOYCHUK LS NOTE: POOR CLAYEY MATERIAL FASBENDERO BE REMOVED AND BACKFILLED AVE AVE. WITH MIN 3' COLLAR OF CLEAN COARSE SAND. ZONED R-40 NON-CONFORMING LOT O 10,788.74 SQ.FT. or 0.25 ACRES 7HE WATER SUPPLY, WELLS, DRYWE'LLS AND CESSPOOL FRONT YARD: 35'MIN LOCA77ONS SHOWN ARE FROM FIELD OBSERVA77ONS REAR YARD: 35'MIN O 16,319.36 SQ.FT. or 0.37 ACRES AND OR DATA OBTAINED FROM OTHERS SIDE YARD: 10'MIN (25' TOTAL) AREA: 27,108.10 SQ.FT. or 0.62 ACRES ELEVATION DATUM: NAVD88 ---- rM- UNAUTHORIZED AL7FRA77ON OR ADD17ION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE'EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 7HE 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 INS77TU77ON LIS7£D HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTTU770N, GUARANTEES ARE NOT TRANSFERABLEE, 7HE 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 7HE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 88,89,90, 100 & 101 INCL. CERTIFIED TO: EDWARD C. BOOTH; MAP OF: PECONIC SHORES - MAP #2 BOA AS CO TRUSTEES OF THE CREDIT SHELTER FILED: SEPT. 15, 1930 No.654 OF PATRICIA S. BOOTH REVOCABLE TRUST; SITUATED AT: SOUTHOLD SOUTHOLD TOWN; TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design y� P.O. Box 153 Aquebogue, New York 11931 FILE #15-229 SCALE:1 "=30' DATE:JAN. 2, 2018 ' � PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Rennessy & Kenneth Y. Waychuk a J e RECEIVED APR I 12aig S C.T.M. NO DISTRICT: 1000 SECTION.67 BLOCK, 4 LOT(S):16 CP I I VACANT DWELLING _ _ WELL I I CP a� �h vVcitP.i ill l�'`.S�t1/!I � 1I Nw. SuffaJl�.21 -5700 crura 01Bellnspectvd Y t.(i, e"),Iffr:S TI3CQ ,48 1TFi(,a ehrai� ' DWELLING I DWELLING '�s• 7I�' - - _ ROPOSE 2 STY FIRM DWELLING I I WELL FFL(O— IST FLR?9�6 SF m e CP 129' e LOT 87 I LOT 102 2ND FLR. 913 S F. P 123.50 I N84a33'30"E _ _ Et: I EL 18.0 8 r-t TER LINE p 8 OSED j WELL Cn 6' STOCKADE EL 18.0 I 35' v WOOD I• PROPOSED rs U STOOPIDRNEWAY s' V' BIS 1(195 - 01 ( I �Y 9' '17RY Ste. I L07 8 LOT IDI B S I I 1 f1 ^,,`a�pp 3'1':CflOttk�p,01l111,�1 �,,' a', I OD � � e DWELLING ti3D 5700 �" � X'O:2:rANfTA11Y SYSTEM EL 0.5 I WELL OVER 150' gRYaT AIT C P E 0.0_ 42 5' y 35 0' �+1 (2010) o'Z (205) H C LLAR ENT _, I � I C P EXPory � DWELLING LOT 89 1 ST I a LOT 100 N 1 I j' DIRT DR Y Q] j0 t0 LPJ USED BY 07 ERS ^ I 100' MIN LF EL 21.4 "5.5N EL 2 2 0 WELL EL 20.2 1.4'N d I MON116.26' , N INK 102' ',CP.,• u ELEV 20 5 � 4. , 3.30" X S,Ri[o C.P. OL BROWN 0.8' PROPOSED & I LOT 9 BROWN 7 BEDROOM SYSTEM o � SM �Orab+r 18' 2,000 GAL. SEPTIC TAN - -__ 1 o, 90 (2) 10'DIAx8' DEEP LEACHING POOLS / I DWELLING BRowN o $ WELL OVER 150' Sc FINE TO 131 DWELLING I SEPTIC OVER 150' COARSE SAND 66 VELI.AND ,A'I Mkt is TtT IJ,;�' a 1. —WATER EL 4.8 .p _ MEDIUM I OWN ON pi RTAal qUB,-,'�7E,y SANG :O •----- WITH Sc CLAY BINGE 5.3 DWELLING IN WATER IJAN 15, 2016—21' WELL �— SUFFOLK LINTY DEPARTMENT OF FIGALTH SERVICES, K WOYCHUK LS NOTE. POOR CLAYEY MATERIAL WELL PERMIT br, � 0ROVA1_OF CONSTP,LIC'i IOP!FOR A TO BE REMOVED AND BACKFILLED VACANT INGL,:f'APAILY RESIDENCE ONLY WITH MIN 3' COLLAR OF CLEAN I 45' J•Jf+ COARSE SAND. ! 1+brr 1 2UI6 1(t DATE^_ W,S-RF:t: No. R — APPROVEDr7(Q(,tn_Q__ _ ;-0 'vN3r-1"S1M,U19 LSF-}-� DPOa4f5 -- - — — EXPIRES THREE YEARS FROM DATE OFAPPROVAL ZONED R 120 y(7 WELL NON-CONFORMING LOT FRONT YARD: 35'MINa, 1cl FASBENDER AVE. REAR YARD: 35'MINS"11' ` THE WATER SUPPLY, WELLS DRYWELLS AND CESSPOOL SIDE YARD 10'MIN (25' TOTAL) 5 ";'``•' ,,f+' LOCAAONS SHOWN ARE FROM FIELD OBSERVATIONS +, AND OR DATA OBTAINED FROM OTHERS AREA: 10,788.74 SQ.FT. or 0.25 ACRES St1'`1,q-�* a . '.... ELEVA77ON DATUM- _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SIR IS A VIOLATION OF SEC7ION 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 THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUt TURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOTS 100 & 101 INCL. CERTIFIED TO:MCCARTHY MANAGEMENT CORP , MAP OF PECONIC SHORES — MAP #2 FILED SEPT. 15, 1930 No.654 SITUATED AT SOUTHOLD TOWN OF- SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design oe P.O. Box 153 Aquebogue, New York 11931 FILEN 15-229 SCALE: 1 n=30' DATE: JAN. 15, 2016 PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC NO. 050882 maintaining the record. of Robert J. Henne.ey k Kenneth M. lloychuk FORM NO. 3 13 TOWN OF SOUTHOLD APR ®18 BUILDING DEPARTMENT SOUTHOLD,N.Y. Z®NYNG BOARD®F APPIA15 NOTICE OF DISAPPROVAL DATE: July 20, 2017 TO: Palumbo &Associates (Booth) PO Box 132 Mattituck,NY 11952 Please take notice that your application dated July 17, 2017: For merger determination at: Location of property: 265 Burtis Place, Peconic,NY County Tax Map No. 1000 - Section 67 Block 4 Lot 16 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the west(SCTM# 1000-67-4-9) pursuant to Article II Section 280-10, which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." I IN 111�' Auth e S' ture CC: file, Z.B.A. i For Office Use Only h 4u 1U) Fee: $ Date Assigned/ZBA File# Filed by: . WAPQ®FAP PEW 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 ld , )-0 ,)-01q , WHJEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED .Judu 19,2Yfunder Town Code Chapter 280 (Zoning), Article II, Section 280- for: ❑ Building Permit ❑ Permit for As-Built Construction ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy V Other M Z!!�q Ldp Owner of Parcel for Waiver: POJV a' a C, B o+h IC v T�- Owner of Adjacent Parcel: —i7-_hTTatoud L k) k-woodbtT S� Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: Telephone No: Fax/Email 1 " Agent for Owner: �2..La 1A) �j Y—�(;)FRJ Ll M b0 (,1.014 Agsat'I G�I�`' Address: P.0• i-a-c(C Telephone No: Fax/Email: Jyacb D tLs f, L�0" Please specify who 2�uthorized ish correspondence to be mailed to, from the above: �/ ❑ Owner, or Representative `` ,, _ I (we), ?CAI,1kynh D peal s®fit 0'l V�t� li p a' Pao C'a k-- request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for Suffolk County Tax Map District 1000, Section OV) •00 Block py.00 Lot 0Iloo.000 containing 10,9 JH square feet located at #Afo6_Street Fj �l and for District 1000 Section BlockeM.00 Lot 04,000 containing 1?,144;' square feet. The property is located in theResidential Zone District. Page 2—APPLICATION Fb._ '✓RIVER TO UNMERGE PROPERTY ZBA#RECEIVED APR I 120% ZONING BOARD OF APPEAL The lot to be unmerged was originally created by deed dated ` , 2? i q" , 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: , r C©ins ��- S t �L C� O tV1 ►�t I-PU OA \ m 4 `WL-2.._ a (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: & s PA� Pa W1 ���2.s2�a�rt l� 1013 (3) The roposed waiver and recognition will not create an advers impact on the hysicalr environmental conditions in the neighborhood or district because: s 0 ►/ . `_ 1 -paa S LUA I V1 r,16nh 'setae Please check one or more of the following tha apply to the lot to be unmerged: ,� ( V M 1+ 'Lf This lot was formerly approved by the Southold Town Planning Board on�5 Q3� (attach copy). 'Q" This lot was approved or shown on a map approved by the Southold Town Board during 1930 (attach copy). ❑ This lot was approved by the Board of Appeals on (please attach). ❑ 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). Page 3—APPLICATION F-,-- ✓RIVER TO UNMERGE PROPERTY —r' ZBA# RECEIVED APR 112018 1113 3 ZONING BOARD OF APPEAL ❑ A search of Town records found a Certificate of Occupancy was issued for a dwelling or other purpose on SCTM Lot# (please attach copy). (Attach additional sheets if needed). L Owner(Parcel 1) Sworn to before me this i day of />t , 200 I? Na ary Pub c TRACY KARSCH PALUMBO Notary Public,State of New York No.02PA6087274,Suffolk County. Commission Expires March 30, Owner(Parcel 2) Sworn to b ore me this ( day oXW , 200_V TRACY KARSCH PALUMBO Notary Public,StAte of New York No.02PA6087-274,Suffolk Cou nw Commission Expires March 30, v1 ZBA 12/95;3/06; 11/086 RECEIVED APR I a 2018 ZONING BOARD OFAPPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Cd WC1 residing at 19,Zc3 j S%L U Plot . (Print property owner's name) (Mailing Address) do hereby authorize �� y LaIAJ mn� (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. cc h (Owner's Signature) Ca(00J, �0 (Print Owner's Name) RECEIVED APR I AGENT/REPRESENTATIVE TONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts 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. ( ,� YOURNAME : V-0-aU l�/L , ?OLIU_M S(,�CJ (Last name,first namd,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 >11 Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) 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 wh' the town officer or employee owns more than 5% of the shares. YES 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 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 day ofe ,20 q Signature f� Print Name 1 V—a Ci j 'KC .?6 6ISL Mb0 RECEIVED APR I a 2018 APPLICANT/OWNER 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 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 : w a 600r ' (Last name,first name,middle initial,unless you ar6 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) 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 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 I day of Signature C Print Name _66(;lJ>"' 1, �,���u TZ.�,. ADVOCATES AE ,7RACT, INC. Issuing policies of _ �stewart title Insurance company Title No. ADV-10060-S -7133 SINGLE'& SEPARATE SEARCH RECEIVED - i STATE OF NEW YORK) APR 112018 COUNTY OF SUFFOLK)ss .ZONING BOARD OFAPPEALS I ' STEPHEN M. RICHARDSON,being'duly sworn, deposes and-says: That he is the President of Advocate's Abstract,Inc.,an Agent of Stewart Title Insurance Company, and has had a search made, under his direction, of the records and/or files of the County Clerk and Registrar of the County of Suffolk for the purpose of an application fora variance affecting the following premises: TAX MAP DESIGNATION: District: 1000 Section: 067.00 Block: 04.00 Lot: 016.000 That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 4/7/2011 and such search shows,and he does certify that, according to the names listed herein as shown by the search of the public records, no contiguous property was owned by an owner of I roperty involved since that date. That this affidavit is made to assist the TOWN OF SOUTHOLD to reach any determination which requires that said Board will rely upon the truth hereof. This Company's liability is limited to Twenty-Five Thousand and 00/100 ($25,000.00)Dollars for negligence only. i No policy of insurance is to be issued hereunder. I ADVOCATE'S ABSTRACT, INC., as Agent for Stewart Title Insurance Company BY: Stephen M.-Richardson, President Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 6302 Route 25A • Wading River, NY 11792 Qualified in Suffolk l9 lk oun Commission Expires 631-929-6686 • 631-929-3708 fax i RECEIVED SUBJECT PREMISES: APR I 1209 II�3 1000-067.00-04.00-016.000 ZONING BOARD OF APPEALS Frederick Hahn Bateman Dated: 08/28/1954 Dorothy Bateman, ux. Rec'd: 09/02/1954 to Liber: 3751 Page: 76 Edward Schwartz and (Premises and more) Yolanda Elaine Schwartz No Proof of Death for Yolanda Elaine Schwartz in Suffolk County. Edward Schwartz died on June 16, 1995, Elena Schwartz, as Executor of the Estate of Dated: 10/13/1995 Edward Schwartz Rec'd: 11/15/1995 to Liber: 11750Page: 168 Patricia S. Booth (Subject Premises) Patricia S. Booth died on January 29, 2009. Edward C. Booth, Executor of the Estate of Dated: 02/01/2010 Patricia S. Booth Rec'd: 04/07/2011 to Liber: 12656 Page: 444 Edward C. Booth and Bank of America, as Co-Trustees of The Credit Shelter Trust Under Article 4 of The Patricia S. Booth Revocable Trust (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON Page 2 of 7 NOTARY PUBLIC,State of New York 01R14837291 Qualified In Suffolk C unty Commission Expires -%A 1< i RECEIVED PREMISES ADJOINING NORTH OF SUBJECT PREMISES: APR A 12018 1000-067.00-04.00-017.000 ZONING BOARD OFAPPFALS Arthur J. Beckwith Dated: 02/08/1951 Ermgard Beckwith, ux.- Rec'd: 02/13/1951 to Liber: 3184 Page: 93 Emil Siebert Anna Siebert, ux. Emil Siebert Dated: 07/16/1979 Anna Siebert, ux. Rec'd: 07/23/1979 to Liber: 8663 Page 93 Edward F. Reilly Mildred A. Reilly Edward F. Reilly Dated: 08/10/1993 Mildred A. Reilly, ux. Rec'd: 08/23/1993 to Liber: 11641 Page: 128 Robert Busby Anita Busby, ux. Robert Busby Dated: 09/14/2016 Anita Busby, ux. Rec'd: 11/01/2016 to Liber: 12886 Page: 171 Ryan Peter Busby, as Trustee of The Robert W. Busby, Jr. and Anita M. Busby Irrevocable Trust (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY� STEPH M. ARDSON Sworn to before me this 6th day of March, 2017. Page 3 of 7 KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified in Suffolk oun Commission Expires O I , RECEIVED PREMISES ADJOINING WEST OF SUBJECT PREMISES: APR 112018 �l 1000-067.00-04.00-009.000 ZONING BOARD OF APPEALS Frederick Hahn Bateman Dated: 08/28/1954 Dorothy Bateman, ux. Rec'd: 09/02/1954 to Liber: 375 Page: 76 Edward Schwartz (Premises and more) Yolanda Elaine Schwartz No Proof of Death for Yolanda Elaine Schwartz in Suffolk County. Edward Schwartz died on June 16, 1995. Elena Schwartz, as Executor of the Estate of Dated: 10/13/1995 Edward Schwartz Rec'd: 11/15/1995 to Liber: 11750 Page: 169 Edward Booth (Subject Premises) Patricia S. Booth, ux. Edward C. Booth, as to Grantor's 50% Interest Dated: 02/01/2010 to Rec'd: 04/07/2011 Edward C. Booth and Bank of America, as Co-Trustees Liber: 12656 Page: 445 of The Edward C. Booth Revocable Trust Patricia S. Booth died on January 29, 2009. Continued..... ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to,before me this 6th day of March, 2017. KAREN L.RICHARDSON Page 4 of 7 NOTARY PUBLIC,State of New York OIR14837291 Qualified in Suffolk county Commission Expires 3l lick RECEIVED APR 112018 Continuation 1000-067.00-04.00-009.000 ZONING BOARD OF APPEALS Edward C. Booth, as Executor of The Estate of Dated: 11/17/2011 Patricia S. Booth under the Last Will and Testament Rec'd: 02/06/2012 of Patricia S. Booth, filed in the Surrogate's Court Liber: 12684 Page: 316 of Suffolk County , File No. 2009-221, conveys (Premises and more) Decedent's 50% Interest which the Estate received pursuant to a Renunciation and Disclaimer made by Edward C. Booth, Surviving Joint Tenant and Filed in the Surrogate's Court of Suffolk County to Edward C. Booth and Bank of America, as Co-Trustees of The Credit Shelter Trust under Article 4 of The Patricia S. Booth Revocable Trust, as Equal Tenants in Common with The Edward C. Booth Revocable Trust who received its 50% interest under Deed recorded in Liber 12656 Page 445. (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified in Suffolk C.unty Commission Expires`9 Page 5 of 7 RECEIVED I PREMISES ADJOINING SOUTH OF SUBJECT PREMISES: APR 2018 1000-067.00-04.00-015.001 ZONING BOARD OFAPPFALS Sam Chryst Dated: 06/16/1953 Cecile Catherine Chryst, ux. Rec'd: 08/28/1953 to Liber: 3,570 Page: 213 George E. Chryst (Part of premise) Sam Chryst Dated: 06/16/1953 Cecile Catherine Chryst, ux. Rec'd: 08/28/1953 to Liber: 3570 Page: 216 Jack P. Chryst (Part of premises) George E. Chryst Dated: 07/18/1973 to Rec'd: 11/27/1973 Jack P. Chryst Liber: 7538 Page: 330 (Part of premises) Jack P. Chryst Dated: 05/09/1997 to Rec'd: 05/23/1997 Barbara Kunen Liber: 11832 Page: 259 (Subject Premises) Barbara Kunen Dated: 01/13/2000 to Rec'd: 05/31/2000 Eileen Slavin Liber: 12045 Page: 647 (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to bef6re me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified In Suffolk County Commission Expires Page 6 of 7 RECEIVED APR 112018 ZONING BOARD OEAPPE4LS PREMISES ADJOINING EAST OF SUBJECT PREMISES: BURTIS PLACE Dated: March 6, 2017 ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified in SuffolkZ&\Ct Commission Expires Page 7 of 7 THIS INE • IRE,madethe `� dayof August „nineteenhuw,k- - .i fifty-four B$TWEBf` 4REDERXCK HAHY BATEY$N and ADA nOROTHY', ;MAN, his wife, residing qt Peconic, New York, lmrtyof the first part,and 0jt ARD SCHWARTZ and YOLANDA ELAIIw'T:` SCHWARTZ, residing at 184 Bqy 17th Street, Brooklyn, New 'York party of the second part, WITNESSETH,that the party of the first part,in consideration of One and 00/100 - - - - - - - - - - - - - - - - - - - - - - - .dollars, lawful monevofthe United States, 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 •.t successors and assigns of the patty of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Southold, County of Suffolk and State d'P New York, known and designated as Lots 88, 89, 90, 100 and 101 a`*' on a certain map entitled "Map 2 of Peconio Shores, L.T., N.Y., N Property of B. B. Bailey and C. H. Bailey, D. R. Young, Surveyory, Riverhead, New York," filed in Suffolk County Clerk's Office oi4r_ - September 15, 1930, as Map No. 654. RECEIVED APR I A 2098 ZONING BOARD OFAPPFALS .; LOT WAIVER QUESTIONNAIRE ti>>.,- x What are the square footage and dimensions of this lot (subject of building department 3}} Q�� ft. b !'?.�3,.5 +- ft. I d S 3 9, merger application):� `) $ �� s.f. q�y4— y .� " Date of first deed which created this lot: lk C,v�i Z9- RECEIVE® APR A 12018 Date of current deed to present owner: vu /� KING BOARD OFAPPEALS Owners' names of lot at current time: �G��'t/I @I& l-= Date and name of subdivision (if any): Size of remaining lot in the merger: `1 s.f. Were there any building permits issued in the past for this lot: Yes If yes, please provide copy of former permit and map approved. Vli sere there any County Health-Department approvals in the past for either lot? Yes V No If yes, please provide a copy. Were they any�t land Certificates of Occupancy requested in the past? Yes No 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 app rova or other type of application to build or use the property in any way)? Yes No 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,,lm' a which separates the two merged lots? No. i/ Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? C2 Please note other approvals or other information about common ownership of these lots: ssu VM It hi b u i l d q_ c4 Lo it i exp �A�� �w tl l l�qs 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: � ill Owner's Signature ZBAS127199 n .w DECEIVED APR 112018 ZONING BOARD OFAPP 111111111111111111111111111111111111111111111111111 IN 111111111111111111111 III I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/06/2012 Number of Pages: 5 At: 03: 18:08 PM Receipt Number : 12-0014149 TRANSFER TAX NUMBER: 11-13582 LIBER: D00012684 PAGE: 316 District: Section: Block: Lot: 1000 050.00 02 . 00 015.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5. 00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RFT $90.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $290.00 TRANSFER TAX NUMBER: 11-13582 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County T �7 RECEIVED Number of pages ✓ RECORDED 2012 Feb 06 03:18:08 I'll APR A � X018 JUDITH A. PRSCALE CKI; OF '®'QIyG BOARD This document will be public SUFFOLK CWt1TV RU®FgppEqLS record.Please remove all L D00012684 Social Security Numbers P 316 prior to recording. DT# 11-13582 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee v�5_ Mortgage Amt, _ -Handling _n?,(Q 00 1.Basic Tax _ 2, Additional Tax _ TP-584 5 Sub Total Notation _ SpeclAssit or EA-52 17(County) Sub Total S Spec,/Add. _ EA-5217(State) 1 _ TOT.MTG.TAX _ (� Dual Town_Dual County I1.P T S.A. �, Held for Appointment Comm,of Ed. 5. 00 aa' Transfer Tax Affidavit + �+ Mansion Tax 61� The property covered by this mortgage is Certified Copy ift or will be Improved by a one or two NYS Surcharge 5-00 071 j family dwelling only, Sub Total YES or NO Other _ Grand Totaly�.7 y If NO,see appropriate tax clause on page a of this instrument. 12001474 1000 05000 0200 o15001 1-7— 11 A Dist. I F T S 1000 05100 0200 008006 00 5 Community Preservation Fund Real Property RPOL A 1000 06700 0400 009000 .DO Tax Service 0•JAN•t 1000 05100 0200 008002 OD/ Consideration Amount$ Q _ Agency CPF'I'ax Due $ Verification � 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved aR/Q RECORD&RETURN TO: Vacant Land,�-,l TD_ �uy " Rudolph H.Bruer,Esq. P,O Box 1466 TD Southold,New York 11971 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title n 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by' (SPECIFY TYPE OF INSTRUMENT) Edward C Booth as FYecutor of cite _ The premises herein is situated in Estate of Patricia S.Booth SUFFOLK COUNTY,NEW YORK, TO In the TOWN of—SDALt 1o1 L_ Edward C Booth and Dank oFA,neriea as Co- In the VILLAGE TttLste OLthe Credit Shelter'i'rusl or HAMLET of Southo BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • RECEIVED APR 112018 EXECUTOR'S DE CORPORATION)ED(INDIVIDUAL OR CORPORATIO • BONING BOARD OF APPEALS FORM 8010 CAUTION;THIS ACREENtBNT SHOULD DE PREPARED al'AN ATTORNEI'AND REVIEWED BY A rTORNEY5 FOR SELLER AND PURCHASER BEFORE SIGNING,. THISINDENTURE,made the 111"'day ofj OVA4W2011 Between Edward C.Booth,as Executor of the Estafe of Patricia S,Booth,under the Last Will and Testament of Patricia S. Booth,filed in the Surrogate's Court of Suffolk County,File tl 2009-221,conveys Decedent's 50%interest which the Estate received pursuant to a Renunciation and l?isclaimer made by Edward C,Booth,survivingjoint tenant, and filed in the Surrogate's Court of Suffolk County, 17235 Soundview Avenue,Southold,New York 11971 party of the first pan,and Edward C.Booth,residing a1 17235 Soundview Avenue,Southold,New York 11971 and Bank of America, having a place of business located at P 100 Federal Street,Boston,Mass 02)10 as co-Trustees of the Credit Shelter Trust under Article 4 of the Patricia S.Booth Revocable Trust as equal tenants in common with the Edward C Booth Revocable Trust who received it's 50%interest under Deed recorded in Liber 12656 at Page 445; + 3Nit14 A Ht'3aASIJ3 party f the iPP1rN0M utal8,ailduq�1zW 4aonEaa,oA A vi Mi Db�119Nfa H TNES$ �ip)o�o660frtag)ari,to whom letters testamentary were issued by the Surrogate's Court;.Suftp _Cottnty,NewYork on July 28,2009 and by virtue of the power and authority given in and by said last will and testament,and/or by Article 1 I of the Estates,Powers and Trusts Law,and in consideration of( $10.00)dollars,lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the distributees or successors and assigns of the parry of the second part forever, SEE ATTACHED SCHEDULE"A" IJEING AND INTENDED TO BE the same premises conveyed to the party of the first part by the following deeds- (])Deed dated 03/31/05 and recorded on 06/22/05 in Liber 12393,page 789, (2) Deed dated 03/31/05 and recorded on 12393,page 788; (3) Deed dated 05/11/06 arid recorded on 09/25/66 in Liber 12470,page 985, (4) Deed dated 10/13/95 and recorded on 11/15/95 in liber 14750 page 169. 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 limes thereof, TOGETHER with the appurtenances,and also all the estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually,or by virtue of said will or otherwise, TO HAVEAND 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 fife 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 consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose, The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires, IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. `vin � 4,h, Edward C,Booth,Executor of Estate of Patricia S.Booth NYSBA Rasidenlial Real Estare Penns on HOtDoes'(9/00) Cupyright Capsoll'Ucvclopnxnt RECEIVED APR ill, 12018 ZONING BOARD OF APPEAL SCHEDULE"A" PARCEL#I-SCTM#1000-050.00-02.00-015.001 '/ All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows;Lot t on Subdivison Map for Edward Booth,at Southold,Town of Southold,New York,which map was filed on January 9,2006,in the Suffolk County Clerk's Office as Map#11347 PARCEL#2-SCTM#1000-067,00-04.00-009.000 '-, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the'rown of Southold,County of Suffolk and State of New York,known and designated as Lots 88,89,and 90 on a certain map entitled"Map 2 of Peconic Shores,L.I.,N.Y.Property of B B.Bailey and C.H.Bailey, D.R,Young,Surveyor,Riverhead,New York,"filed in the Suffolk County Clerk's Office on September 15, 1930 as Map No.654. PARCEL#3-SC'I'M41000-051.00-02.00-008.002 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows; BEGINNING a point at the northwest corner of the described premises,which point is distant 300.00 feet from a point on the southerly side of Soundview Avenue; From said point of beginning running thence North 75 degrees 35 minutes 30 seconds East 261.36 feet; Thence South 14 degrees 24 minutes 30 seconds East 500.00 feet; Thence South 75 degrees 35 minutes 30 seconds West 261.36 feet to land now or formerly of R.I.and H. Donopria; Running thence along said land now or formerly of R.1.and H.Donopria,North 14 degrees 24 minutes 30 seconds West 500.00 feet to the point or place of BEGINNING. PARCEL#4-SCTM81000-051 00-02,00-008.006 J ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being to the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly side of Soundview Avenue with the westerly side of Mt.Beulah Avenue; RUNNING THENCE along the westerly side of Mt.Beulah Avenue South 1 degree 56 minutes 40 seconds East 11073.71 to a point; THE"-NCE South 88 degrees 03 minutes 20 seconds East 213.94 feet; THENCE South l degree 56 minutes 40 seconds East 406.62; THENCE North 86 degrees 17 minutes 20 seconds West 150,42 feet; TIiENCE South 19 degrees 08 minutes 00 seconds West 170.00 feet to the northerly side of Old North Road; THENCE along the northerly side of Old North Road North 70 degrees 52 minutes 00 seconds West 300.82 feet; THENCE along land now or formerly of R.I,and H.Donopria North 14 degrees 24 minutes 30 seconds West 466.03 feet to a point, THENCE North 75 degrees 35 minutes 30 seconds East 261.36 feet; RECEIVED APR R 12018 ZONING BOARD OF APPEALS Illlllllllf lillllllllllilllfllllllllllllllllilllllllll 111111 11111 llllf fill 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 04/07/2011 Number of Pages: 3 At, 02 :42 :30 PM Receipt Number : 11-0040288 TRANSFER TAX NUMBER: 10-18361 LIBER: D00012656 PAGE: 444 District: Section: Block: Lot: 1000 051.00 02.00 008.004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $50.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $365.00 TRANSFER TAX NUMBER: 10-18361 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 113 RECEIVED ' 1 2 � , RECORDED APR 112018 Number of pages 2011 Apr 07 02:42:30 PPI- TORRENS JUDITH A. PASCALE CLERK OF ZONING BOARD OFAPPBALS Serial# SUFFOLK COWITY L D00012656 Certificate# P 444 DT#{ 10-1361 Prior Ctf.# Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 2.Additional Tax TP-584 Sub Total Notation Spec /Assn. • / or EA-5217(County) Sub Total Spec./Add. T TOT,MTG.TAX _ EA-5217(State) n�� Dual Town_ Dual County , Held for Appointment P.T.S.A d Transfer Tax Comm of Ed 5. 00 Mansion Tax _ Affidavit � The property covered by this motgage is or will be improved by a one or two Certified Copy family dwelling only 3 a lJ or NO Reg Copy Sub Total YES p If NO,see appropriate tax clause on Other Grand Total �'V�__ _jQ page# of this instrument. 0 1000 051.00 02.00 008.00 —ELS 1000 067.00 04.00 O1 .000 ✓' 4 4 Distnct I Section Block Lot 5 Community Preservation Fund Real 1000 05100 0200 008004 Property 10025844 Consideration Amount $ 1000 06700 0400 016000 Tax Service P S `CPFTax Due $ Agency STY A) Verification Improved --' Vacdnt Land b Sausfacuon/Discharges/Rclease List Property Owners Mailing Address 1y RECORD&RETURN TO: !� TU Rudolph Ii.Bruer, Esq. TD PO Box 1466 Southold, NY 11971 TD 7 Title Company Information Co.Name Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Edward C. Booth, Executor of the Estate The premisis herein is situated in of Patricia S. Boot SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Edward C. Booth and Bank of Merica, Co-Trustees In the VILLAGE Southold or HAMLET of BOXES 6 TUROUGH 8 MUST 13E TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) WEIVED EXECUTOR'S DEED(INDIVIDUAL OR CORPORATION) APR A 12018 ;FORM 8010 ZONING BOARD OF APPEALS CAUTIONo THIS AGRFEMrNT SHOULD BE PREPARED RV AN A97ORNEY AND REVIEWED RVATTORNEYS FOR SELLER AND PURCHASER BEFORE,SSIGNING.THL9INDENTURE,made the t day oP4aVUq;*") ,W]v Between Edward C.Booth,Executor of the Estate of Patricia S.Booth, under the Last Will and Testament of Patricia S. Booth,filed in the Surrogate's Court of Suffolk County,File 112009-221. party of the first part,and Edward C.Booth and Bank of America,co-trustees of the Credit Shelter Trust under Article 4 of the Patricia S.Booth Revocable Trust,c/o Edward C.Booth 17235 Soundview Avenue,Southold,New York,11971 party of the second part, , WITNESSETIi,that the party of the first part,to whom letters testamentary were issued by the Surrogate's Court,Suffolk County,New York on July 28,2009 and by virtue of the power and authority given in and by said last will and testament,and/or by Article 11 of the L"-states,Powers and Trusts Law,and in consideration of( $10 00)dollars,lawful money of the United States,paid by the party of the second part,does hereby grant and release unto(lie party of the second part,the distributees or successors and assigns of the party of the second part forever, As to Parcel 1:SCTM111000-051.00-02.00-008.004 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: ' , Lot Lot 3 as shown on a certain map entitled,"Final Plat Cluster Conservation Subdivision for Edward C. Booth and Patricia S Booth at Town of Southold,Suffolk County,New York",surveyed June 20,2003,by Peconic Surveyors,P.C.,and filed in the office of the Clerk of Suffolk County on July 8,2005,as Map No. 11284. As to Parcel 2:SCTMN1000-067.00-04,00-016.000 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Southold,County of Suffolk and State of New York,known and designated as Lots 100 and)01 on a certain map entitled"Map 2 of Peconic Shores,L.l.,N.Y.,Property of B.B Bailey and CM.Bailey,D.R Young,Surveyor,Riverhead,New York,"filed in the Suffolk County Clerk's Office on September 15, 1930,as Map No.654, BEINGAND INTENDED TO BE the same premises conveyed in deed dated 11/18/05 and recorded on 05/19/06 in Liber 12451,page 171 and by deed dated 10/13/95 and recorded on 11/15/95 in Liber 11804 page 168. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances,and also all the estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually,or by vil1ue of said will or otherwise, TO IIA VE 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 ofthe 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 consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first,part has duly executed this deed the day and year first above written 2dwwd Boot)I, Estate of Patricia S.Booth NYSBA Rcsidenitni Reid Estntc roans all Hotom,(gloo) Copyright Capsoa°Deyelopmcm -t RECOVER APR A 12018 ZONING BOARD OF APPEALS STATE OF NEW YORK :ss. COUNTY OF SUFFOLK ' -' t , 1s+ ruary)aGl D On the - .day of �,2909;before me,the undersigned,a Notary Public in and for said State,personally appeared Edward C Booth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individuals,or the person upon behalf of which the individual acted,executed the instrument. P tic RUDOIPH H.BRUER NOTARY PUBLIC,5Tr1TEOF t.EVMRK N0.52-0465530,SUFFOLK COUM COMMISSION EtPIRES MARCH 30,g$2" 01 C h H R" Ir tf.r S�-OLI b ss 3 D - a � K :6 4; VIP t,V tr, �Jr,` NYSBA Residential Reel CAate Forms on HotDocs'(9/00) Copyright Capsoa'Development _2 RECEIVED APR I 12015, QUESTIONNAIRE ZONING BOARD OF APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes No B. Are th any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? ( Q 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? A 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? V)() E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?___o Q�__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? VI 0 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? P If yes,please label the proximity of your lands on your survey. / I. Please list ljresenuse qr operations conducted at this parcel 1/ and the proposed use (ex.existing smgle family,pro osed.same with garage,pool or other) 01��1 Aut orize signature and Date RECEIVED APR A 12098 133 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS ZONING BOARD OFAMALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by,the applicant for any special use permits site plan approval, use variance,,or subdivision approval on properly within an agricultural district OR within 500 feet of a farm 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 Municipol Law. 1)Name of Applicant—N L Lau) T-7-i Vile/} a odl m6© m\d &Oef Ak 2)Address of Applicant: P.C. 3 1 11616-2- 3)Name of Land Owrier(if other than applicant) : C V517AI 4)Address of Land Owner: _ 2 Souvia n tu) A-Vl `I h dl it 5)Description of proposed Project: (,Uo6 V4,y- jM-1 U 6)Location of Property(road and tax map number): JOY 3;1��-j� PlCeComo,',N� C ', 1000- Ga 9 7)Is the parcel within an agricultural district? LiNo ❑Yes If yes,Agricultural District Number 8)Is this parccl actively farmed? ofo o 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 Hall 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 obtained,in advance,when requested from the Office of the Planning Board at 765- 1938 or the Zo 'ng Board of Appeals at 765-1809. Si ature a/A hcant Date Note: 1.The local 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 review 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 submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 617.20 RECEIVED 1 6 Appendix B APR R 12018 Short Environmental Assessment Form ZONING BOARD OF APPEALS 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 1 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 Name of Action orP oject: Project Location(describe,and attach a location map): ail 4VCCCLJjLT a us bwrfis PI acs R mi c' Brief Description of Proposed Action: �0i V,Or' 4t UM sa*Hen a87-10 - Name of Applicant or Sponsor: Telephone: (_0 l (,��_t A(.��Y}�YJ C�� �. E-Mail: - �1�1/t1 �� 0 7 ss Iia ir'I�l Od V, City/PO: Sta Zip Code: t� �fel� et 11R5-Z 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? 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. If no,continue to question 2. 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: 3.a.Total acreage of the site of the proposed action? 6c6 acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial MResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 i RECEIVED 5. Is the proposed action, APR !� �01� NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEAL 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 YES If Yes,identify: 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? 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: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? (� NO IYES If No,describe method for providing wastewater treatment: J cj i)r,tak, 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES 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? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: \7 �ti. , � 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 ID-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? i 16.Is the project site located in the 100 year flood plain? NO I YES r7l 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO S If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 13YES114 FX Page 2 of 4 i 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: RECEIVED 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? ZONING BOARD OF APPEALS If Yes,describe: 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? 01 If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam f" �? L1 hV f 1 TBS ate• 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?" ' Lys x �" ,� ' -` +C' �•r+. a*i. wSn.,,r'i"'' 3c =�is!a.��c'+. a� No,or Moderate ' 4 %` a 5 a. ' �, '" � � $mall ti w .," to large � as "fi. _ �'w✓$, _ � r 4 �`, +2; impact impact may a occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning 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 reasonablv 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 i • !S No,or Moderate small to large :'• ,, •N# w,. . . ;:; tw;,,:•,:s• impact impact maymay ;a - ii• - '7 at'_ .a •.�'. <'�'it.S?y;fii'e�r'4it:� i.�L'✓ Aet°,.'•;s tr'?•F ":�?, ., r. _ ;, '. • ,e;t'. . �w; .<,r L Y occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will 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 significant.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 �! r cumulative impacts. RECEIVED APR 112018 ZONING BOARD OFAPPEALS ❑ 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. ❑ Check 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) i I Page 4 of 4 i' i 1 Town of Southold RECEIVED '71g3, LWRP CONSISTENCY ASSESSMENT FORM APR A 12018 A. INSTRUCTIONS ZONING 60ARD®FAPPE" 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# d60=ob - 0I l0.0C The Application has been submitted to(check appropriate response):po Town Board ❑ Planning Board❑ Building Dept. �,1 Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) c ermit, approval, license, certi ication: �— Nature anA exten , acti n: n 'AK M&O tK un dtv- 4v+i - -.- -- d t:E- S 10-41 M 15H 0 G Ir- 74" tV 0 as I�- o�noL hay b�e,� v.v, V-d a-g. c 1 Location of action: Piaui :0001( �l 1 Site acreage: . a s RECEIVED Present land use: vaco,nf nz&n' I 2018 A--RD C?FAPPEA� Present zoning classification: r� ` Lio 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: r (a) Name of applicant: �( ` I �� (b) Mailing address: -1-10. ECK 112 n0aft, 11 q,6 (c) Telephone number: Area Code (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 9 If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III–Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Xf Not Applicable Attach additional sheets if necessary I ---—P–ohc�-Pr—otec-Uand preserve liisric and archaeological resources–ofTbe Town of outhold. See LWRP ' Section III–Policies Pages 3 through 6 for evaluation criteria ----------- -- - - -- ------ --- - -------------------- ------ ❑ Yes ❑ No Not Applicable ,EIVED APR ZONING BOARD OF APPEALS l x mq 4 x b r t £s e iy8 ry ' yy 01' /I {? ellr er ` x. .p 4F RECEIVE® 1V / 0A UN APR ti NTNG BOARD OF APPEALS ® y� e x.323 (3A.40 \\ 4b .� Via• FY �.�'< toA ol Na 39 0� G t* I criind Z .A n.A ol 0Q V �forid � 3Ao .�j?. 5• fi t 4� Q �P SURVEY OF LOTS 88, 89, & 90 MAP)0.2 CERTIFIED TO, 'PSCC 5" EDWARD BOOTH FIM SMT. AWO wSMAP NO W PATRICIA BO©TN A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. XW- Bl-- 04- 09 Scab. 1"= .30,f swt. 15, 1995 ����o� N . S loNN T M�TjG' ANY ALTFRITOY OR AQWM TO TNS VJWY IS A VaA11gN r•- 'k;,'�.=• OF SMM THRs OF DE AV YORK SM 7r E79L1':A IXW LAY, VWT AS PFR SEVVY TPg3,�l �AALL aW?M7XM a `3 a a� • LIC. NO. 496/8 4 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET Z-60 VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE ,3,73 S W TYPE OF BUILDING RES. SEAS VL. FARM comm. I IND. CB. misc. LAND IMP. TOTAL DATE REMARKS YJ" /4f 6-d A AGE BUILDING CONDITION 'NEW NORMAL BELOW ABOVE Form Acre Value Per Acre Value TillIe I Tillable 2 Tillable 3 Wcodland Swampland Mv Brushland --- I-louse Plot 0 MV %wool C= Tat3f SR !4 ■■ ■ i ■■■■■■■■— ---1-7 ' �! - 6 Zth■ ■■ Foundation i• Extension Basement Fl6ors Extension Walls 1 Interior Extension Fire • • • 1 PorchAttic Porch Rooms Ist i Floor • • • •r t Patio 0 - Rooms 2nd Floor • •!' Driveway • o. B. �. 004 ♦ I t AlAIIIA, VL VVIIII'll, 4L...1 OCCUPANCY type order-tenant �' . ADMITTED BY: �� ��jp�dfjB'�`�l� ACCQMPANIED BY: .-. KEY AVAILA15LL SUFF.CO. TAX MAP NO.A0ziii — SOURCE OF REgt1EST: �� �-�'/.GV'- DATE: I �f DWELLING: / TYPE OF CONSTRUCTION � � �,� _ STORIES l EXITS FOUNDATION &N .;f;>- CELLAR f`�Sr�rCRAWL SPACE TOTAL ROOMS: IST FLR. 2ND FLR. 3RD FLR. I— BATHROOM (s) TOILET ROOM (s) ''— UTILITY ROOM PORCH TYPE J% QyytrC,►�rj r, DECK, TYPE PATIO BREEZEWAY 1 FIREPLACE GARAGE --- DOMESTIC IIOTWATER TYPE BEATER f AIRCONDITIONING �— TYPE BEAT r/f WARM AIR %� yti GC� HOTWATER OTHER: i RECEIVED ACCESSORY STRUCTURE'S: APR R 12018 GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. ZONING BOARD OFAPP OTHER: -------------------------------------------------------------------------------------- ------------------- VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION D TPT'ION`,_ ART. SEC. REMA R . INSPECTED BY � � f�`�1,� DATE OF INSPECTION �,�✓���`-� i r TOWN OF SOUTHOLD OROPERTY RECORD CARDt N OWNER STREET � VILLAGE DISTRICT' SUB. LC.0 OT F RMEj�OWNE E ACREAGE M via�' ,� t - S TYPE OF BUILDING -00 �.a0 RES. SEAS. VL. t FARM COWAIND, I CB. MtSC. ,= LAND IMP. TOTAL DATE REMARKSf_�/; _ n m ir s + . 4/ CCL w5 n ca 0 AGE az BUILDING CONDITION c 0 I�EW ( AL BELOW ABOVE r v Farm Acre Value Per Acre Uatue p rn Tillable i � Vj ---,,, Ln Tillable 2 Tilfable 3 -- Woodland Swamp land Brushland House Plat - b m N Total N 3 TOWN F SOUTHOLD PROPERTY RECORD CARD /! � w `NER t +ci STREET V __ w_ VILLAGEpiSTt2lCT SUB. LOT � ! E ACREAGE _ FORMER TYPE OF BUILDING . FARM COMM. iND. CB. I misc. r SES. SEAS. �- Q. r In LAND I. TOTAL DATE t AGE BUILDING CONDITION - -- --_ ABOVE 'NEW NORMAL BELOW _ Farm Acre Value Per Acre Value _____.....5+__ / .5 C► ".- �' '_._ Lr Tilly le 1 0 Tillable 2 wT - LD TillGble 3 Swampland Brushland r House Plot C9 ^ N cc V •,� rr_ ,n•� ........ J ~\ � LL. S a o ® , m uj a !.. UJ CO �. o-r ` ML• lot t , • 1 fn O C i. Bldg. "rte y,s' Foundotion I ' '�`� Bath Basement Floors d xtension , 3> Ext, Walls Interior Finish cn rn tension _ En 0 Ttensio Fire Place / Heat _�_ _---_-- - M 0 /3 r Porch Attic PorchRoonis 1st Floorreezeway Patio Rooms 2nd Floor garage Driveway --.... 3. B. -v 0 " N t 1> FORM NO. 4 RECEIVED ��9 TOWN OF SOUTHOLD APR 112018 v BUILDING DEPARTMENT Office of the Building Inspector ZONING BOARD OF APPEALS Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23925 Date OCTOBER 4, 1995 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property, 250 HUNTINGTON BLVD. PECONIC, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 67 Block 4 Lot 9 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23925 dated OCTOBER 4, 1995 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 ONE FAMILY SEASONAL DWELLING The certificate is issued to EDWARD SCHWARTZ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/Sl NAME QF OWNER (s) EDWARD SCHWARTZ OCCUPANCY SEASONAL DWEI' SIG type owner-tenant ADMITTED BY: PETER TOLLNER ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-67-4-9 SOURCE OF REQUEST: ELENA SCHWARTZ DATE: JUY 15, 1995 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME f STORIES 1 I EXITS 2 FOUNDATION CEMENT BLOCK _CELLAR PART CRAWL SPACE TOTAL ROOMS: IST FLR. 4 '2ND FLR. r 3RD FI.R. BATHROOM (s) ONE TOILET ROOM (s) UTILITY ROOM PORCH TYPE FRONT ENCLOSED DECK, TYPE PATIO BREEZEWAY FIREPLACE ONE GARAGE DOMESTIC HOT'WATER YES TYPE HEATER ELECTRIC AIRCONDITIONING TYPE HEAT OIL WARM AIR FLOOR FURNACE 1101WATER 11 OTHER: RECEWE® ACCESSORY STRUCTURES: APR 112018 GARAGE, TYPE: OF CONST. STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. ZONING BOARD OF APPEALS OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE LOCATION DESCRIPTION ART. SEC. 1 REMARKS: NOTE : HOT WATER HEATER NO GOOD FLOOR FURNACE NO GOOD INSPECTED BY DATE OF INSPECTION SEPT. 28, 1995 APPLICATION FOR CERTIFICATE OF OCCUPANCY A. This application must be f,=_,_�d in by typewriter OR ink and --amitted to the building inspector with the following: for new build--rig or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form) . 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1-7 lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-exiting" land uses: 1. Accurate surryof property showing all property lines, streets, building and unusua natural or topographic features. 2. A properly completed application and a consent to i_-_'nspes signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing� _ Puildine - $100.00 3. Copy of Certificate of Occupancy - $20.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00•, Commercial $15.00 Date . . . . . . . ] �XAJ . . . . . . . . . . . . . . . . . . . New Construction. . . . . . . . . . . Old Or Pre-existing Building. . ! . . . . . . . . . . . . Location of Property. . . .,1570 . . . . . . . . . . .WW1Z1N-q.TQ n? . .4.4 . . . . . . . . . House No. / / Street Hamlet Onwer or Owners of Property. . . . J;-�!Gt�lA . . . �C'h,c.,�Dq .� .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County Tax Map No 1000, Section. . . .6 7. . . . . .Mock. . . .'� , . . . . . . . .Lot. . . . . . . . . . . . . . . . . . . Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map. . . . . . . . . . . .Lot. . . . . . . . . . . . . . . ePermit No. . . . . . . . . . . . . . . .Date Of Permit. . . . . . . . . . . . . . . .Applicant. . . . . . . . . . . . . �•�. . . . . . . Health Dept. Approval. . . . . . . . . . . . . . . . . . . . . . . . . .Underwriters Approval. . . . . . . . �n� . . Planning Board Approval. . . . . . . . . . . . . . . . . .. . . . . . ZONING BOARD OFAPP Request for: Temporary Certificate. . . . . . . . . . . Final Certicate. . . . . . . . Fee Submitted: $. . .�0 , _ ',0 . . . . . . . . . . . . . . . �0 q ti x . . . . . . . . . . . . ./� -: � . . . . . . . . . . . . . . . e C© _a31 aS APPLICANT the undersigned, Oti►mer(s) N-jme(s) do(es) hereby state: That the undersigned (is) (are) the owner(s) of the premises in the Town of Southold located atjrQ �, `7r,iyc, -Fcc �// C� which is shown and designated on the Suffolk County tax map as District 1000, Section ( -7 , Block t Lot 9 That the undersigned (has) (have) filed, or caused .to be filed, an applica- tion in the Southold Totivn Building Inspector's Office for the following l� � ' L��C1.5 /N �i ,na� �9 M-512AIG-ROARD OF APPEALS That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all-of the laws. ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained In the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the Town of Southold. 4 ` SJ ate d: (signature) (print name) (signature) (print name) I . The Law Firm of Palumbo and Associates, P.C. 13235 Main Road, P.O Box 132 Mattituck,New York 11952 Phone(631)298-1600 Fax(631)298-1603 Anthony H. Palumbo,Esq. Tracy Karsch Palumbo,Esq. waw q t April 10, 2018 APR R 12018 ZONMG,BOARD OF APPEALS Zoning Board of Appeals Southold Town Town Hall Annex 54375 Route 25 PO Box 1179 Southold, New York 11971 Re: Waiver of Merger application 265 Burtis Place, Peconic, NY Dear Board Members, Enclosed please find an original and eight (8) copies of an application for Waiver of Lot Merger for 265 Burtis Place, Peconic. In addition, I enclose eight (8) copies of the survey reflecting the Suffolk County Health Department approval to build on the subject lot which was granted on October 18, 2016. As I only have one original I will provide it for your review at the Board's request. Thank you in advance for your courtesies and cooperation in this matter. Very truly yours, Tr a . Palum TKP/dp enclosures /;' ELIZABETH A.NEVILLE MMC F �® Town Hall,53095 Main Road TOWN CLERK y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS A Fax(631)765-6145 MARRIAGE OFFICER ,f. ®`. 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: April 20, 2018 RE: Zoning Appeal No. 7183 Transmitted herewith is Zoning Appeals No. 7183-The Law Firm of Palumbo & Assoc. for Patricia Booth Revoc. Trust: ✓ The Application to the Southold Town Zoning Board of Appeals NaiVe✓' Uk'Mer jP fropl_�y) Applicant's Project Description Questionnaire t Ut WaiYer Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) ` �Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form _�_Notice(s) of Disapproval Board of Zoning Appeals Application Authorization }} Certificates) of Occupancy 1 Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos ✓ Correspondence- A( I. Nyer Sheet Prom T�e- 4W Rrro of P&Iumbo Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings ::TMisc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect;) Misc. Paperwork-Tifl f, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : APRIL 18, 2018 ZBA # NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP The Law Firm of Palumbo and Associates �EC�6V�a 7183 for : 1554 $750.00 BOOTH, PATRICIA APA 2 0 2018 REVOCABLE TRUST Southold Town Clerk TOTAL $750.00 Sent via Inter-Office to Town Clerk by: ES Thank you. _ 'i ry-.t'.VE"r.4s,`.:i'{^LLsr:.'. e•Y?,..'.m .+.IIS^-,eF.aVt•�luvx?'t•v..it N.t ^:e7t:.4¢r[S"..2s..i.rsi'i.'.:.v",{:.. •.4II�-':4:.m:i1:.4-:M.4a•Y::1•:s'a�5.'vrt�.t.F1's r:T.a'.°.z `s•J+.u..».r x;.:t:b;„' , r.:l'� it'^<.:�..,.[;(�ri.=`fK.:.fa.:".'_:?.r: .ia_d^a.)'+rites..=.i•a.Fzh:i.,�..'.*.'�t:A":.'N:@r'�:'�:tY.^4tx+r.3>"."tuae.v"ii,i t•}�q}.l«:='+'i.'.<'. 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"C2P•1 ..1.: .ti^>• ..L:svt `,:ei•:Y....tiyy.,vy.,:..: ..c - ..;,f., - •;,t4'sr - �..:c.._ :a>• .Yz u:: :C.+^ .<c^t7ri *:ex'.e'-�.' ,w,•,t'n. - _ .. _ - - _�.—....Y..n ,rr-.->.z.._c....w......_ ._ __ .f•t.•:r..�,__ ......^a""..,-..u4'..^.^��.>: r.':fi.'4t"..':>:�IxsYr 1 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/20/18 Receipt#: 237981 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7183 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#1554 $75000 Law Firm of Palumbo & Assoc,. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Booth, Patricia S 17235 Soundview Avenue Southold, NY 11971 Clerk ID: SABRINA Internal ID.7183 %01 g) - The Law Firm of Palumbo and Associates, P.C. " - ,. 13235 Main Road,P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631)298-1603 Anthony H.Palumbo,Esq. Tracy Karsch Palumbo,Esq. August 10, 2018 g _ Zoning Board of Appeals �� � Southold Town AUG Town Hall Annex ' Zoklmlo 8000 OF AP Akg 54375 Route 25 PO Box 1179 Southold, New York 11971 Re: Waiver of Merger application 265 Burtis Place, Peconic, NY Dear Board Members, Please allow this letter to supplement the information submitted in support of the above- referenced application at the hearing held before your Board on August 2, 2018. As you may recall, the applicant purchased these two lots on October 13, 1995. As can be seen from the two separate deeds from the prior owner to Mr. Booth and his wife, they were sold and conveyed to them as two separate parcels. As will be more fully detailed below, it is clear that Mr. Booth, his attorney, the title company and the other parties to the transaction that they were aware of the issues relative to the merger statute and they took steps to ensure that the lots were not merged. The.subdivision in which the parcels are located was created in two steps: one in 1924 as can be seen on the attached "Map of Peconic Shores" and then in 1930 as can be seen on the attached "Map (unreadable) 2 Peconic Shores. Not withstanding the fact that these maps were filed years apart, it is unclear if the map filed in 1930 encompasses the first map or not as we were unable to find a "Peconic Shores Section I" Map. Additionally, the Southold Town Code section 100 relating to the Merger law was amended in 1995 and took effect on January 1, 1996. I have enclosed a copy of the prior Section 100-12 along with some minutes from the Town Board's November 14, 1995 and November 28, 1995 public hearing for the Board's review. It is important to note that the merger statute that was in effect in 1995 provided a list of subdivisions that were exempt from , Jj the merger law at Section 100-12 (See, Strikethrough, Attached at point 5). Peconic Shores I was on such list of exempted subdivisions and, although the maps described'above are somewhat unclear, our client's lots are within the Peconic Shores subdivision. With this in mind, the amendment removed these exceptions, yet the allowed the property owners one year from enactment to file new deeds indicating the lots were separate. In other words, these-formerly exempt lots would remain unmerged, so-long as they were-held,in single and separate ownership from January 1, 1997, one year later. This exemption still exists in the current Code today. See, Section 280-10. Merger at §§ C(4) (lot on the maps described in former §100-12). Consequently, the sale of the lots on October 13, 1995 were properly transferred into separate names and have remained unmerged since then. As a side note, the law,did not provide any "notice" provisions to notify any of the property owners of this remarkably significant change in the law, however, it is clear that the attorneys for Mr. Booth, as well as the sellers and the title company relied on this code change and were of the opinion and belief that the subject lots were included and that they were within the new time constraints set by the new statute. For these reasons, we believe the Peconic Shores lots were on the "exempt list", including our client's, as provided for in the Code and the lots should be recognized as single and separate lots. Notwithstanding the above, in light of the fact that this transfer took effect prior to the enactment of this section of the Code, a clear case has also been made for a waiver as outlined at the hearing on August 2, 2018. As such, the current lots have not merged on two separate and distinct grounds and we respectfully request that the within application be granted. Thank you in advance for your courtesies and cooperation in this matter and if there is any further information needed, please don't hesitate to contact the undersigned. Very truly yours, T acy K. Palumbo TKP/dp enclosures . . - —_ --- wovEwosn 14, 1595 � «8�� d- K � o_� Debt to be offset by Revenues 305,0001 DP, Bonded ludebtedness 45,000 D 2,150,000 Total SoUd Waste Dislrict 428,0001 2,150,000 tJ Appropriations 261,800 A 20,800 A 32,300 A . � 305,000 DR Debt to be offmt by RevenVes riations OfEset by Revenues 500 AR886,300 2.392,072 103,5721 ( Bonded Indebtedness 280,000 D 2,371,272 D 71,272 D . �� 30--Voteof the Town Board Ayes: Justice Evans, Councilwoman o|ha' Councilman Townsend, Supervisor Wickham. No: Councilwoman nvs,ie' Councilman Uze,oki. This resolution was uu|yxoopTsD. 31.-Moved by Justice Evans, seconded by cvvncOwmnxn m|v6' it was essocvsm that the Town Board of the Town or Southold hereby ueu»nn|nps that the following elected officials are enddleu to Town paid benefits,insurance upn� tn' prh*cve immediately: cnuJustices,|men' Justices, Receiver of Taxes. ' | z/-- Ayes: Justice Evans, Councilwoman Oliva, Councilman -Townsend, Councilwoman Hu,sie' co"n"o"mn uzewsN' Supervisor Wickham. This resolution was duly ADOPTED. '32.-Moved by Councilwoman mUvu' seconded by Supervisor Wickham, it was RESOLVER that pursuant to Article n o, the Environmental Conservation Lan' Stif�e Environmental Quality Review Act, and ' wYcen port 617.10^ and Chapter u* of the Code of the Town of svvthn|u' notice is hereby given that the snvt6v|d Town Board, in conducting an uncoordinated review or this unlisted ocUvn' has determined that there will be no � \ significant erfe t on the environment. ^'j .DESCRIPTION OF ACTION: Proposed "Local Law. , in Relation to Lot Creation and Merger" which amends Chapter 100 (Zoning) of the Code of the Town of Southold by adding the provisions that a lot created by deed or Town approval shall be recognized by-the Town if certain standards apply and if the lots have not merged. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as | d o.- the, Town Board: a Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman nus,ie' Councilman uzen,m' Supervisor Wickham. This resn|uG6n was duly ADOPTED. | 33-1Noved by Supervisor Wickham, seconded by cvvnd|nnmnn m|vo' WHEREAS, there was presented to the Town Board of the Town of ' Southold, on the 30th day of May, 1995' u Local Law endued' "x Local ' Law in Relation to Lot Creation and Merger"; and vvnsRs*S, this Local Law was referred to the Southold Town Planning Board and sunn|k County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter; ooa 9VgsREao' the Town Board held a public hearing on this Local Low on � the 27th day of June, 1995, at which time all interested persons were given on opportunity,to be heard; and wnsmsam' as a result of the public hearing q"""unns and concerns arose, and as a result thereof changes were made to the law which are significant enough to require an aaaid"no| public hearing; now, therefore, be it mEsmcYED that the Town Board hereby sets s-oo P.M., Tuesday, November xu' /yus~ Southold Town ep/|' Main nv"u' Southold, New York, as time and place for x public hearing on this Lu=| L"°' which reads as fnUvw|no` aLoca| Law in Relation to Lot Creation and Merger I L 02VG ISLAND SO UND 5S33 50 6 300 of. 2500300/ so0 - •• - - /0 9 \ 8 w 7 ` G ° 5 ` 4 n 3 h• `m 4 SO SD 9258 ,F O UND A VENUE 5o jr. /oS26 �lq 22 h O „7.54 /3 /4 15 /6 /7 /8 /9 20 2/ m= 0 0 - h > 24 'S0 /40- 25 42/O25 y"6 ni78 5` 14 3G 35 - 34 33• = 32 3/ 30 - 2.9 28 h 26 hyo y h 27olp 50 .S'E COND, AV-ENUE y ct R MAP OF FEGONIG SHORES t- ;o / hereby cert/fy that this mala hos LOCATED AT 7 been mode from an actual survey which 'Q serve ,7s mode 6 me one m vas CO/&- /etes on the 2/Stdoy of Se/ate1w6er/sz2 O p and the/the/na/C correct/y sets forth the PROPER'T'Y OF covr3es and oisfances and shot✓,the correct ,,,, /aootcn ot'thePra ert r-e e,entedthe>:eon. WILLIAM B. CODL ..- ■ I.NCT Surveyed .Se/Ct /92�@ S Ooted,.Oec 27/9222 Llr Z(Jyey, SCALEIONE INCx=S0-FEE, U. w /Ne//s, C.E ' /Eny'�h Su reyor Setauket,•L./. I / MA P n 1- 2 X L-�—(D O F PECONIC SHORES PECC )NIC PRO PER TY OF '� 1 �•✓ B. B 8A/LEY e 1— c /V B.g/LEY L p /V /SLAND 5 O U N TJ 60 U/V.D A VENUE AVE 3c 3� 3R 93 92 3/ 90 29 28 4 26 \ LA n fl 77 n sz 3 3ECO/VJJ AVENUE 70 8 -14� �1 b a . Sf a /0B o //B' a 76 8% j cy S6 / /07 LAKE V/Z-w AVE 8: e 2 75 g3 p /06 y Se '� 74 Bs /43- 75 > as �I Zn C 73Bs 4 e o /a ' 1T 72 Z 66 /03 1 B7/ /02 1II n 1 \F — r 7099 10/ G 7- /RD AVENUE y B9 /00 (\� FIL DSFP 15 1930 3 6q 65 bg 90 ` 4 ABS.Na. 243 � b1' 9✓ Hs I 1 t` Pi(.— a. 97 N a c 61 68 69 a e 93 h /NLpcCY CERT//Y T AT Z , v I TN/J NAP NAe HADL DY HL `91 •96 1 PRoy AFT AL SURVEYa, 99 `CeFF>NUJ i+coNF HONUHINT � cs /� , LOTS TS Y+96 ARF JN°nN oN A.SB SND Ef? y -�_� MAP ar PCGON/C SNo�S. - V�NU�' scR/c:rc rKr + / NFN o niv+..Nr.°a�N% I � The Law Firm of Palumbo and Associates, P.C. 13235 Main Road,P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631)298-1603 Anthony H.Palumbo,Esq. Tracy Karsch Palumbo,Esq. July 30, 2018 + MIN Zoning Board of Appeals '.`` 3 Southold Town Town Hall Annex 54375 Route 25 PO Box 1179 Southold, New York 11971 Re: Waiver of Merger application 265 Burtis Place, Peconic, NY Dear Board Members, Enclosed please find seven copies of the 1995 deeds granting the subject property to Mr. and Mrs. Booth. These are the deeds by which they originally gained ownership of the properties and upon which they relied all this time with the expectation that they were separate. You may have them in your packets, however they were not in our copy of the submission to Your Board. Thank you in advance for your courtesies and cooperation in this matter. Very truly yours, T acy K. Palumbo TKP/dp enclosures ADVOCATES A,, k`�TRACT INC. Issuing policies of �stewarf title insurance company Title No. ADV-10060-S SINGLE-& SEPARATE SEARCH STATE OF NEW YORK) . ss.. COUNTY OF SUFFOLK) STEPHEN M. RICHARDSON,being duly sworn, deposes and says: That he is the President of Advocate's Abstract,Inc.,an Agent of Stewart Title Insurance Company, and has had a search made,under his direction, of the records and/or files of the County Clerk and Registrar of the County of Suffolk for the purpose of an application for a variance affecting the following premises: TAX MAP DESIGNATION: District: 1000 Section: 067.00 Block: 04.00 Lot: 016.000 That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 4/7/2011 and such search shows,and he does certify that, according to the names listed herein as shown by the search of the public records, no contiguous property was owned by an owner of property involved since that date. That this affidavit is made to assist the TOWN OF SOUTHOLD to reach any determination which requires that said Board will rely upon the truth hereof. This Company's liability is limited to Twenty-Five Thousand and 00/100 ($25,000.00)Dollars for negligence only. No policy of insurance is to be issued hereunder. ADVOCATE'S ABSTRACT,INC., as, Agent for Stewart Title Insurance Company BY: �� Stephen M. Richardson, President Sworn to before me this 6th day of March, 2017. c%suC&&,- KAREN L.RICHARDSON NOTARY PUBLIC,State Of New York od In Suffolk 6302 Route 25A - WadingRiver, NY 11792 Qualified in Suffolk Co1un�► � 631-929-6686 - 631-929-3708 fax Commission Expires_�j� 5 SUBJECT PREMISES: 1000-067.00-04.00-016.000 Frederick Hahn Bateman Dated: 08/28/1954 Dorothy Bateman, ux. Rec'd: 09/02/1954 to Liber: 3751 Page: 76 Edward Schwartz and (Premises and more) Yolanda Elaine Schwartz No Proof of Death for Yolanda Elaine Schwartz in Suffolk County. Edward Schwartz died on June 16, 1995, Elena Schwartz, as Executor of the Estate of Dated: 10/13/1995 Edward Schwartz Rec'd: 11/15/1995 to Liber: 11750Page: 168 Patricia S. Booth (Subject Premises) Patricia S. Booth died on January 29, 2009. Edward C. Booth, Executor of the Estate of, Dated: 02/01/2010 Patricia S. Booth Rec'd: 04/07/2011 to Liber: 12656 Page: 444 Edward C. Booth and Bank of America, as Co-Trustees of The Credit Shelter Trust Under Article 4 of The Patricia S. Booth Revocable Trust (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON Page 2 of 7 NOTARY PUBLIC,State of Now York 01R14837281 Qualified in Suffolk unty Commission Expires l PREMISES ADJOINING NORTH OF SUBJECT PREMISES: 1000-067.00-04.00-017.000 Arthur J. Beckwith Dated: 02/08/1951 Ermgard Beckwith, ux. Rec'd: 02/13/1951 to Liber: 3184 Page: 93 Emil Siebert Anna Siebert, ux. Emil Siebert Dated: 07/16/1979 Anna Siebert, ux. Rec'd: 07/23/1979 to Liber: 8663 Page 93 Edward F. Reilly Mildred A. Reilly Edward F. Reilly Dated: 08/10/1993 Mildred A. Reilly, ux. Rec'd: 08/23/1993 to Liber: 11641 Page: 128 Robert Busby Anita Busby, ux. Robert Busby Dated: 09/14/2016 Anita Busby, ux. Rec'd: 11/01/2016 to Liber: 12886 Page: 171 Ryan Peter Busby, as Trustee of The Robert W. Busby, Jr. and Anita M. Busby Irrevocable Trust (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: SA-,Gw STEPHEN M. CHARDS Sworn to before me this 6th day of March, 2017. Page 3 of 7 KAREN L.RICHARDSON NOTARY PUBLIC,State of NewYork 01814837291 Qualified in Suffolk un Commission Expires 1'� PREMISES ADJOINING WEST OF SUBJECT PREMISES: 1000-067.00-04.00-009.000 Frederick Hahn Bateman Dated: 08/28/1954 Dorothy Bateman, ux. Rec'd: 09/02/1954 to Liber: 375 Page: 76 Edward Schwartz (Premises and more)- Yolanda Elaine Schwartz No Proof of Death for Yolanda Elaine Schwartz in Suffolk County. Edward Schwartz died on June 16, 1995. Elena Schwartz, as Executor of the Estate of Dated: 10/13/1995 Edward Schwartz Rec'd: 11/15/1995 to Liber: 11750 Page: 169 Edward Booth (Subject Premises) Patricia S. Booth, ux. Edward C. Booth, as to Grantor's 50% Interest Dated: 02/01/2010 to Rec'd: 04/07/2011 Edward C. Booth and Bank of America, as Co-Trustees Liber: 12656 Page: 445 of The Edward C. Booth Revocable Trust Patricia S. Booth died on January 29, 2009. Continued..... ADVOCATE'S ABSTRACT, INC. BY: � t STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON Page 4 Of 7 NOTARY PUBLIC,State of NOW Yolk g 01R14837291 Quaiifled In Suffoikun Commission Expires 1-i Continuation 1000-067.00-04.00-009.000 Edward C. Booth,-as Executor of The Estate of Dated: 11/17/2011 Patricia S. Booth under the Last Will and Testament Rec'd: 02/06/2012 of Patricia S'. Booth, filed in the Surrogate's Court Liber: 12684 Page: 316 of Suffolk County , File No. 2009-221, conveys (Premises and more) Decedent's 50% Interest which the Estate received pursuant to a Renunciation and Disclaimer made by Edward C. Booth, Surviving Joint Tenant and Filed in the Surrogate's Court of Suffolk County to Edward C. Booth and Bank of America, as Co-Trustees of The Credit Shelter Trust under Article 4 of The Patricia S. Booth Revocable Trust, as Equal Tenants in ' Common with The Edward C. Booth Revocable Trust who received its 50% interest under Deed recorded in Liber 12656 Page 445. (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: S STEPHEN-M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified In SuffolkC unty Commission Expires►�j Page 5 of 7 } • l '►4� PREMISES ADJOINING SOUTH OF SUBJECT PREMISES: 1000-067.00-04.00-015.001 Sam Chryst Dated: 06/16/1953 Cecile Catherine Chryst, ux. Rec'd: 08/28/1953 to Liber: 3570 Page: 213 George E. Chryst (Part of premise) Sam Chryst Dated: 06/16/1953 Cecile Catherine Chryst, ux. Rec'd: 08/28/1953 to Liber: 3570 Page: 216 Jack P. Chryst (Part of premises) George E. Chryst Dated: 07/18/1973 to Rec'd: 11/27/1973 Jack P. Chryst Liber: 7538 Page: 330 (Part of premises) Jack P. Chryst Dated: 05/09/1997 to Rec'd: 05/23/1997 Barbara Kunen Liber: 11832 Page: 259 (Subject Premises) Barbara Kunen Dated: 01/13/2000 to Rec'd: 05/31/2000 Eileen Slavin Liber: 12045 Page: 647 (LAST DEED OF RECORD) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON Sworn to before me this 6th day of March, 2017. KAREN L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified in SuffolkCC uunty, _ Page 6 of 7 Commission Expires 5 l a g � a PREMISES ADJOINING EAST OF SUBJECT PREMISES: BURTIS PLACE Dated: March 6, 2017 ADVOCATE'S ABSTRACT, INC. BY: STP EN M. RI Sworn to before me this 6th day of March, 2017. KAREN'L.RICHARDSON NOTARY PUBLIC,State of New York 01R14837291 Qualified in Suffolk Co�t Commission Expires I Page 7 of 7 J. NO`v'EMBER 14, 1995 BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100(Zoning)of the Code of[lie Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation)is hereby adopted to read as follows. A. A lot created by deed or town approval shall be recognized by the Town if any one of the following standards apply and if the lots have - not merged: 1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30. 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Scheddle AA as'of the dale of lot creation. 2) The lots)in'question is/are approved by the Southold Town Planning Board 3] The lot(s)in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. �] The lot(s)in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the Town pursuant to the above L section shall not receive any building permits or other development entitlements. C, All lots are subject to the merger provisions of 100-25. 2- Section 100-25(Merger)is hereby adopted to read as follows: A. 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 adiacent lot is one which abuts with the parcel for a common course of 50 feel or more in dis- tance. Nonconforming lots shall merge until (he total lot size conforms to(lie current bulk schedule requirements B. Definitions. Common ownership shall mean that the parcel is held by the same person in the sameep rcentagee of ownership as an adioining arcel, C. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this law: The nonconforming lot has a minimum size of 40,000 square feel, or The nonconforming lot obtained a lot size variance from the Zoning Board, or 3) If the lot is not on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from July 1.1983 to dale. ,4) If the lot is on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997 to date. ® NOVEMBER 14, 1995 41-1 D. Proof of Mercier, The Town may require a person seeking delefmin- ation of merger to provide any or all of the following documents for evaluation: Proof of the date when the lot was created and[tie size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the Town: 21 A copy of the current tax map and survey of the lots �!; til 31 A copy of the original survey of[lie lot A title search showing single and separate ownership of the prop- erty from July 1 1983 to the present lime prepared by a Suffolk County title insurance company indemnifying the Town of Southold with$25,000 of insurance; 5� Other additional information or documentation as may be deemed necessary. E. Effect of Merger. No building permit or other development entitlement will be issued by the Town until (his section has been complied with. The Building Department will issue a written determination whether a property falls within an exemption to life merger provision. 3. Section 100-26(Waiver of Merger)is hereby adopted to read as follows. r A. If a lot has merged the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: 1] the waiver will not result in a significant increase in the density of the neighborhood; the waiver would recognize a lot that is consistent with the size of lots in that neighborhood; 3� the waiver will avoid economic hai dship, 4) the natural details and character of[lie and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. I 4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby arnended to read as follows: A. This subsection is intended to provide rninimurn standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under 100-24, are made nonconforming andl have not merged pursuant to 100-25 er-GGRUnded4 �-a�tate-ef _ j nonegnfgr4:aanGe-by-llae-adeptiera-af-[his-Article-anc4-lhal-were-singly and-separately�waed-as-ef4he-effeslive-date-ef-this-Ar4isle. i I i _ NOVEMBER 14, 'r» 31 i B. A neRseafercr�inQ lel�eparatefy awned ar�d net adJsininQ any let er land-irt-the 6 me-ewneF6hip-al-the-effective-date-ef-this Ar-lisle-and-net adjefRingany4et-9F-land -iR-the same-ewRership--at-any-time�dbse- quent4e-sdGh4a te4nay-be-use d-e r-a-bui I d i ng-strYGt'dre-may-b a-e res- led--en-such-let-fer useT-4naseerdanse-with-all-the-ether-applicable prevasiens-ef-this-chapter grevided-that-pmef-ef-sueh-separate-ewnei✓- rhip4s-submitted-iR-the-fer-tr+-efan-abstr-act-ef-litle-sheaving-the changes ef-title-to said let whish abstract shall-be irs the-usdal farm; shall-be-ser-ti toed-b"R-atterRey-era-company-r-e@Ulady-deiRg-such war}on-Suffeik-SeuRt�-er-by-a-corpora tfeR-4ufy-4isensed-le-exam in e and-ensur- tftle-te r-eat-property-in-Suffelk-seuRt"nd-shalt-sentalR-a septifleatiGn-that-Re-GGRt gueus-property-was-awned-by-aRawner-ef-tha pmpe#OnuslNed-since-the-dateaf-any-previeusly-applicable-Z-ening L=aw,.Such lot shall be,QraRted-relief-fer-frent-sideand4ear-yard-dimen- sieRsas-felfews required to meet the following Yard Area Lot Front Side Both Sides Rear (sq.ft) Coverage Width Depth (fl.) (ft) (feel) (feet) 120.000 to 199,999 10% 75 30 60 85 100.000 to 119.999 10% 75 30 60 85 80.000 to 99,999 15% 60 30 60 85 40,000-to 79,999 20% 60 20 45 75 20,000 Io 39,999 20% 4-20 449 40 15 35 50 40;088 Less than 20,000 20% 99 499 35 15 25 35 Cr, IR-theaase-ef-single-and-separ-ate-ownership-ef-a-nenaeRf er-mfRg-let leealed-in-a-subdty+siert-plat;appr-eved-afterr�lpril-9;���ay;by-the RIaRRiRg-Bear-ef-the�ewRaf-�euthsldand-filed-with-tk+e-Seunty Cie rk-ef-Suffolk-GeuRty;reI!ef-fer-all-ir-ent;side-and-rear-yard-and-area dimeRsfens-shalt-be-gr-aRted-te-the-extent-that-6dsh-#rent side-and-rear- yare-and-area-dimensions-were-r-equired-aWhe-time-the-map-was GrragiRally-riled-with-the-Geunty-Olerk-ef-Suffolk-Geunty. 5. Section 100-12(Exceptions) is hereby deleted in its entirely, as of January 1, 1996. AI}-ef4he4ot--er44he-tellewfRg-s>3bdtvisien-rnaps-shall-be-excepted-frons-- ie let-area-and-IGI-widtl3-FeguiremGRts-ef-this-she pie r;-and-lhe-let-areas-a nd let-widthsapplisable-to s id-lets-shall-be-as-shown-and-designated-en said subdivfsieR-mapst-greeR-Asres�tratmers;Mari9R-Manor,-Sleaves-Feint; �•' � Section-il Ferdhana-Acres-�estf®n-l;Fer-dham�sres;-Seslfen-Il;-�terlfnQ Her>aes;-Eastern--Sheres;Sestier--I;€astern-9heres,-SeGUGR-f 1=€astern _ Shares-�eetfen-I(f;€aster-R-Shares;-Sesfien-I-V;€aster�herps;�estien V-, Seutheid-�ghem&i-9YRRy�heres Meese-9eve�fassau-P-eiRti-9eer Bark-Village-Maner;6-1-�tbill-, Edgemere-Parlq-Wi11gw-Ferrase, Seunderest N@odsr6ardiners-®ay-€stales;-gectieR-111 Harvest-Hames Bastian-I�ayview-Weeds-dates=Wa Ilew-F?efnt�farber-Lf Qhts�stales; SeslieR-I-Tera-Waters;-Ba��iaven;�erey-'?reek-€states;Nest-Break €states;-Nerthweeds�ista-Bluff;-Jaslc.sees-�anding�ennett's-Rend; f�eseweed�stales;�uRset--}4nells;�eslieR-II;�rFtithfefd-Rap-k;Paradise f'�efnt;-k�arber-1=fights-€states-SestfeR-Iil;-Hfghweed;-NuRnakema-Waters; �eRResatt-l�-ark;-9ewasview�Seutkt-klar-tier-klemes;PeseniG-Shares; Se6141-I;Pesenfe-Heme"eGtigR-f-P-eGeniG-Hemes;-SeGlfeR-li;P-eG9RiG ®ay-9aks;I�adrel-�euR1Fy-E-stales;-9r-fent-by-the-Sea--Sesli9ri-11-cleaves Peint Sestien-lll- NOVEMBER 14 1995 �— ---- 6 Section 100-32(Bulk, area and parking regulations)is hereby deleted in its entirety., • Ne-bdildiR@-er-premises-shah-be-dsed-and-ne-building-eFparf-€hereef-shall be-erested--or-altered-in-the-Agr-isdltdral-Senservatien-P istr;s€and-in-the bow-Pensity-Residential-R69 Bistr-ist-dnless-the-same-senferms-te-the @;jl"Ghedule and-Parking-gsheddle-inserperated-in€e-this-ehapter-with the-same-ferse-and-effest-as-if-Gush-regblatiens-wer-e-set-fertt�herein in r- full,as well-as te-the-feliewing-bdllF-and-per-king-reguir-ements_ v A: In-the-gas a-ef-a-tet-held-i n-single-and-separate-ownership-gr!er-te Nevember--23 1497-1;-and-Cher-eafter wwith-an-ar-ea-ef-fdss-than forty thousand-(49;990)-sg6iar-e4eet- -single-fam!€y-dwelling-may-be-sen- s€rdsted-thereen,-provided-that-the-regoiremenls-ef-(;eiumn vil-ef-the Balk-Ssheddle-2nd-4he-l2arking4cheddle-Re,6ryerated-in-this-chapter are-sompiiedwith- @: T-he-bui and-parlEing-requlrements-for-single-family-dwellingG-as-se€ fedk►-in-Gelurfln-li-af-the�ull4-�shedule-and-the-Barking-�eMedHle lnserperated4Rte-this-Ghapter-sha I I-apply-te-the-feilewing-lets ( Alt-Rets-shown-en-r-najerand-miner-subdivisien-maps-whish-were @ran ted-flnat-a PPreva 1-by4he-Blaen ing-9 eard-p rl er-te-May-29; 1-983: (� All-lets-shown-OR Majer-subdlvlslen-reaps-upon whish-the-Planning ®ear-d-has-held-a-hear-iRg-for-pr-elirninary-map-appreva l-Drier-te • May�B-1.9t�3: (3) AI}-Jets-shewn-er-t-miner-subdivision-maps-that-have-been-granted I 6ketch-Plan-approva1-by-the-Planning-®eard-prier-te-May-29;1-983- (4) AlNets-set-off-er--Greated-by-appreval-ef-the-Planning-beard subsequent-1�November-23;1-9yl-and-Prier-te-May-29;1-983- S- The-bulkrand-parking-requirements-for-sin@le-family-dwellings-set-ferth in-Seldrnns-i-and-iii-ePAe-9 dl"sheddle-and-Rar!<ing�sheddf e iRserperated-into-this-shapter--�hall-a pp Iy-te-the-fellewing-lets= (4-) AlNets--shewn-ea miner-subdivision-maps-whieh-have-been granted-sketsh-pl2R-appraval-by-the-Rlanning-geard-en-grafter May-29-4-993. (2) AII-letG�hewn-en-Rajer-sdbdivislan-maps-uperr-whish-the-Planning beard-has-held-a-hear-ing-fer-pr-elirrrinary4nap-appr-eyai-en-or-after May--28;x;363: (3) All-lets-set-et#-er-sr2ated-�y-approval-ef-tl-ie-P-IanninQ-Bear-d-sn-er after-May-29�-98a: B- T-he-bulk-and-parkln@�equir-ements-for-€3,ve-family-dwelfiRgs-set-ferth-!n 9elumr-xii-ef-the-Bul"ehedule-and-Parking-gshedule-inserperated r = !Rte-this-chapterahall-aPply-te-Ihe-following-lets- 4 .✓ (4-) All-lets--shewR-eR-MIReFsubd'wisierrmaps-whish-have-been Q ra R t e d-s ke i s h-ptafl-a p p r ova I-b y-the-P-!a R R i n g-9 oa rd-e n-9 r-a f t e r (� Atl-lets-shewR-eR-majeFsubdivisien-maps-uper-whish4he-P4annln@ Bear-d-has-held-a-hearing-for-prelimi nary-appreva ken-er-after-May (�) All-lets-set-eff-er-created-by-apprevaf-ef-the-Planning-@eard-enter after-May-29-1-95-2 NOVEMBER 140, 33 7. Section 100-281 A(7)(Building permits) is hereby-deleted in its entirety (7) An-apglisatieR-fer-a-building-per4:nif-#er-sealstFdstier}ea-a-Vasaat-let whist-i-is-aet-eFl-afl-a ppFeve d-sdbdi v is ieru�a p-siaa Il-be-a esempa ra- ied4y,-a-eeWPied-abstr2Gt-G title-issled-by-a4itle-seFapaF;y-whish shall hew=sirag{e-aad-separate-ewaeFship�€-tbe-er�tiFe-let-pr-ieF-to April-q-,-457- 8. Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size Widlli 292W A. Prior to April 9, 1957 any any an B. Between April 9,1957 and 20.000 100 150 December 1. 1971 C.Between December 2. 1971 40.000 135 .175 and June 30. 1983 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. * Strikethrough represents deletions. SUPERVISOR WICKHAM- So, the Town Board is putting out for public hearing at 5:00 o'clock in the afternoon on November 28th, a proposed Code change to deal with lot creation and merger, which is almost identical to the one that was out several weeks ago. We've made a small change In It, and because we have made that small change we believe It should go out to public hearing again. The small change that we've made in it is to liberalize the arrangements, so that people would have one year in which to reorganize the holdings that they own in order to avoid the restrictions, that would come into play if this were passed. COUNCILMAN TOWNSEND.- Under the old law there was an exempt list of certain subdivisions, that were not merged, even though they didn't conform with the bulk and parking schedules, that were created in the latest Zone Change. What this does is to allow them a year to make other arrangements to single and separately owned lots, to avoid that merger. That's basically the difference. 33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 311—Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that. pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice Is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be not significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Outdoor Sale or Display", which amends Chapter 100 (Zoning ) of the Code of the Town of Southold to provide uniformity in provisions regarding out door sales in all zones. The proposal has been determined not to have a significant effect, on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 3U.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. I &--", I 0 -k J 1 Vp FFot,��oG JUDITH T.TERRY y� , Town Hall,53095 Main Road TOWN CLERK y I P.O.Box 1179 Southold,New-York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(516)765-1823 MARRIAGE OFFICERO� RECORDS MANAGEMENT OFFICER Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER i OFFICE 00 THE TOWN CLERK TOWN OF SOUTFiOLD THIS IS TO CERTIFY THAT THE F' LLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A RE ULAR MEETING HELD ON NOVEMBER 14, 1995: i RESOLVED that pursuant to Articl 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, noti�e is hereby given that the Southold Town Board, in conducting an uncoordinated r�view of this unlisted action, has determined that there will be no significant effect o� the environment. DESCRIPTION OF ACTION: Propoled "Local Law in Relation to Lot Creation and Merger" which amends Chapter 10 (Zoning) of the Code of the Town of Southold by adding the provisions that a I lot created by deed or Town approval shall be recognized by the Town if certain standards apply and if the lots have not merged. The proposal has been determined II of to have a significant effect on the environment because an Environmental Assessr ent Form has been submitted and reviewed and the Town Board has concluded th�t no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. i i i I udith T. Terry thold Town Clerk ovember 15, 1995 I i i i '11� PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 28 1995 5:00 P.M IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO LOT CREATION AND MERCER" Present: Supervisor Thomas H. Wickham Councilman Joseph J . Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law entitled, "A Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 Section 100-24 (Lot Creation) is hereby adopted to read as follows: A. A lot created by deed or town approval shall be recognized by the Town if any one of the following standards_ apply and if th8 lots have not merged: 1� The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30. 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. 2� The lot sl in question is/are approved by the Southold Town Planning Board. P9 2 PH 3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30 1983 4� The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals onor to June 30 1983 B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subiect to the merger provisions of 100-25 2. Section 100-25 (Merger) is hereby adopted to read as follows: A. Merger_ A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1 1983 An adiacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements B. Definitions. Common ownership shall mean that the parcel is held b the same person in the same percentage of ownership as an adjoininq parcel. C. Exceptions_ Lots which are recognized under Sec 100-24 and meet any of the following categories shall be exempt from the merger ^` provision set forth above and shall not be deemed merged by operation of this law: '- 1� The nonconforming lot has a-minimum size of 40.000 square feel or 2) The nonconforming lot obtained a lot size variance from the Zoning Board. or 3� If the lot is not on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from July 1 1983 to date If the lot is on the maps described in former Section 100-12 the nonconforming lot has been held in single and separate ownership from January 1. 1997 to date p9 3 PH Arr D. Proof of Merger. The Town may require a person seeking_ determin- ation of merger to provide any or all of the following documents for evaluation: 1) Proof of the date when the jot was created and the size of the lot together with a copy of a legal description of the parcel, all to the satisfaction of the Town, -2) A copy of the current tax map and survey of the lot; 3) A copy of the original survey of the lot: 4) A title search showing single and separate ownership of the prop- erty from July 1. 1983 to the present time prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance; 5) Other additional information or documentation as may be deemed necessary. E. Effect of Merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with. The Building Department will issue a written determination whether a property falls within an exemption to the merger provision. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: A If a lot has merged the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: the waiver will not result in a significant increase in the density of the neighborhood; 2) the waiver would recognize a lot that is consistent with the size of lots in that neighborhood; 3) the waiver will avoid economic hardship; 4� the natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas P9 4 PH } 4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under 100-24 are made nonconforming and have not merged pursuant to 100-25 OF GOStiRUed in a state 'lllds Flnaratel numeA nc of the effe�e +irre Ante of this /1 h' in B. land_rn the came 9 merchip at the nffentiVe date of this Ai ! A t rune ITITI� NZ,iI in 'tea nhanges of title to said let- hinh ab trn t shall be iR the I L o •rr Law. Such lot shall be gFaRted relief For Side front and reaF YaFd diFReR I l JIV1i required to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage Width gest# (ft.) (ft.) (feet) (feet) 120,000 to 199.999 10% 75 30 60 85 100,000 to 119,999 10% 75 30 60 85 80.000 to 99,999 15% 60 30 60 85 40,000 to 79,999 20% 60 20 45 75 20,000 to 39,999 20% 1-29 449 40 15 35 50 49,090 Less than 20,000 20% 89 440 35 15 25 35 pg 7 PH All lots set-off 9---d by @ppr-ovaj ef the PI@RRIR@ BGaFd OR G 7 Section 100-281 A (7) (Building permits) is hereby deleted in its entirety: (7) r- map shall be 2GGGFAPaR Agri I9-'r°w;- 8. Bulk Schedule AA is hereby added to read as follows- Bulk Schedule AA Lot Size Width Depth A. Prior to April 9. 1957 any �!ny any B. Between April 9 1957 and 20,000 100 150 December 1. 1971 C. Between December 2 1971 40,000 135 175 and June 30. 1983 - _ If. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: November 14, 1995. Judith T. Terry, Southold Town Clerk." TOWN ATTORNEY DOWD: A public hearing was held on this ordinance, a very similar version of this ordinance in June. Comments were received from Abigail Wickham, and Bill Gardner, and this ordinance has been revised to address their concerns. This Local Law is intended to address current problems in determining of lots for legally created, and if they can exist today as separate lots. The current law provides that non-conforming lots merge with certain exceptions, but neither Town staff nor local attorneys have clear guidelines as to which lots merge, which leaves property owners in a limbo. The proposed ordinance provides clear guidelines for lot creation, and lot merger. In particular, it provides that non-conforming lots merge until the lot is big enough to be conforming. There are four significant exceptions to this. No merger occurs if the non-conforming lot is one acre, or if the non-conforming lot has a lot sized variance from the Zoning Board. In the past certain subdivisions were on an exempt list, while other subdivision lots merged. This ordinance takes away that inequity. In other words, there will no longer be a grandfather list of lots to which this law doesn't apply, but recognizing from some of the comments that were made before, that this could work a hardship on some lot owners. This ordinance has revised to create a one year period in which lots, which are adjacent to pg 8 PH non-conforming could be placed in different names, so that they won't merge. So, any of these lots that were formally on the grandfather list have until January of 1997 to put the lots in separate names, if they don't want them to merge. We felt that these changes were significant enough to require an additional public hearing, so that's why we're having this today. COUNCILWOMAN OLIVA: I have two articles of correspondence. The one is from the Director of Planning. It says, Pursuant to the requirements of Section A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones, Director of Planning. have another letter from the Planning Board to Thomas Wickham from Richard Ward, date November 21, 1995. The Planning Board joins me in urging the Town Board to adopt the proposed legislation in relation to lot creation and merger. The proposed legislation accomplishes something our current code does not. It outlines a clear-cut procedure whereby a lot is determined to be either merged or created. The proposed legislation represents a compromise approach that was worked out by several departments within Town Hall. In some instances it is more lenient than the current code in that it grandfathers or recognizes more lots. In other instances it is more demanding in that it sets forth a uniform review procedure for all affected lots. At present, there is no written procedure within the Code and due to differences in interpretation, varying procedures are followed by different departments when reviewing inquiries of this nature. We find this proposal to be an improvement over the current situation. That is the end of the correspondence. I have an affidavit that it has been posted on the Town Clerk's Bulletin Board, and an affidavit that this has been published in The Suffolk Times. SUPERVISOR WICKHAM: Thank you, Ruth. Would anyone in the audience like to address the Board on the subject of this public hearing? Mr. Gardner? WILLIAM GARDNER: I'm approaching the Board as an individual, not a member of an organization. If anybody would like to go ahead of me, because there are members of organizations. They have more effect than I will. No? Let me first ask a technical question, which you broached a little on one of your resolutions. I'm interested in knowing what the time period is between the time you put it in the papers, and the time you have the hearing? There must be some official period for that. TOWN CLERK TERRY: It must be at least five days. WILLIAM GARDINER: At least five days? At least this conforms to that. Just. TOWN CLERK TERRY: Yes, it does. MAP n 11 D F LA +tD PECONIC SHORES P ECC ) NIC L.I., N.Y. P.40 PER TY OF B. B Biz/LEY C. H. 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Coaralannr Naanaa Ell 199 PAID VVI Cut.CkA .-Male.oma,. 1"®qtr swat t o R � '70 "'.BLI' 11/G It -a iAr OVA 04t c �Y) C. a ar R NCORD aft RETURN T0 Suffolk County Recording Endorsement Page This lingo forms part of the nllnrrhad - C_ n1hda byt (Dood, Mortgllgo+ ota.) [-t'!1 Q `�--��•� �� The pron►lres herain laa aallaaailod in ' e:--- 1- r SUFFOLK C®UNW,NEW-YO1UC, )Lrf4T L In tl10 TOWN of ' r 8n ilia VMLeAG or UAML of Fi' � ee��tee vaa� i' l' t� 5 d J r f vI t r E 1 j T278-L.."iaw:l:iCNN', Reat{MI�� �YUYR YWNYNh IN e►a"m FU96IBOae WHEY VOUR LAVIN®11/011`IION1116 THIS IldosTal MINT-TH1111110Tdit MUff IMULD N 11114111 IT!AWNED GKVo THIS iN1QWlg R&made the 13th day of October ,niaetew s hundred said ninety—five 09TWUN dents Schwartz t�lY u executor of the estate of Edward Schwartz lam will and Netamm of Rdward Schwartz ,tato d i 101 nay 17th Street, Brooklyn, NY who died on the 16th day of June ,nineteen hundred end ninety-f ive party of the drat part,tad Patricia S. Booth V :;l t', I,.t 1 ,1•. �'.1• 11r party of the second peat. W1rNUSICTH,that the party of the Aral part,to whom lettere lestarnontery were issued by the Surrogate's Court, Kin a County, Now York 011 September 37 r 1998 and by virtue of the power an�authority given in and by said last will and uatamant,and/or by Article 1 t of the Estates.Powers and Trusts few,and in consideration of one Dollar (01.00) ;r>RialiOt j paid by the party of the mond part,does hereby`rant and relsaa unit)the party of the second part, the distributee&or amtosors and usign®of the party of the second part forever, ALL that certain plot, place or parcel of land, with the buildings and bnprovematta therm ftted, situate, lying and boats in the Sao Sahadulo A attached hereto TOGETHER with all right,We and interest, k any,of the party of the Ant In and to any streets and roads ebunin the above described premises to the center lines thereof;TOGETHER with the apt` law, and also all the estate whkh the sold decedent had at the tints of decedent's death In acid prem&I u, red also the estate therein,which thorny of the first-part hes or hupower on to cvey or dispose of,whether fndivid- uaAy,or by virtme of sold wor oltwwbe;TO HAVU AND TO HOLD the pteml&es hada`mted unto the party of the wcond pat,the&tributes or&tmes to sad sul`nw of tits party of the wood Pon km*r, AND the pane of the Ant part covenants that the party of the first pan has not done or sultred taydting whereby the"ilei premiss have been Invorobered in any way whatever,except u alone" Subject to the trust fund provisions of section thirteen of the Llan :Aw, The word'.party"shall be corutruad u If It read"pard&&" whenever the teat of"indenture so rgttires, IN WM=WHi1lll101,the party of the fins part hu duly executed shit dead do day rued yw dttt Iifla" wrltlea lx nxsxxcaw: ��Ji} S ckJ� -Q ,1•s ��t �-�,r� 5' aYA4f M YOB,CWAIRV M ,^ tet MW o1 MW Tort,900111 0l�_1$ eat I� e on the day of 00019v 19\II , bdon me 00 60 Bay N 19 ,be{ot+a tae }} Ply oasts x 1c,W �KV0.u.•tt wMay No i to me knots to be tM individual daeribed in and who to tete koowm to be 1M individal deeeribed in end wba t exIMAd tM oneod 10 trunwat, and VJMwIWW that executed foonaaineu rmoot, &MWwwledo tEtet tM r ed Ute NMI. tM _ s v 4,! atATI W WRW TOM OttttrT Of ea STA"of NOW Tort,CQ MQY 0 by on Itm DwI y qday 01 19 ,before me N tM deer of 19 ,Wars the 1 personally ante to me known,who,being by me duly sworn,did depose and the eubeoriblt\d wie w6 to On k rgoitq Inetrumtant, with say that -he mW*at No. whom I ern roraonallr aequalmed, ty who being by the defy that M Is tits 1 sworn,did depose sped say that M 6;at No. I of that M koows @ ,tM eotporadam described In attd wbkh executed the foregoing instrument I that M to be tM ittdlvidttal knows the wal of nld oorpomtioml that the mil affixed described In and who executed the forsfoing instnim I to Laid hntrttmemt is lurch oorporale uall that It was so that M, Mid vb6Mb1ng wittow, wa present and saw affixed by order of the board 61 directors of said corpora• execute the camel and that M said witness, tkn,and that M signed It mama thitm by like order. at the saw thm eubewribed h haute w he th"m r 4 a w Exttmr'6 Merit au-nott 067 J,Tine Na awcx Od tot I I0® b list Slana Schwartz as $xetoutor of the eotmrvoatowx Southold ` Matats of sdward Schwartz atattaTAoaanaa ?tom TO Patricia S. Booth aasnarr By MAIL M 11P 71 K ; a �• i 11750 K168 - ddy*A OftlA P14 OW Of/ami$1 k4 WM go%WMIW W bgnlm ,Wld@4 f OW OW bft In u» Town of SoutholdI county of Suffolk and auto of Now York, known and desi`rAted as Late 300 and 301 on a pertain trap entitled "Map I of Peoonis 3horese Ljeo M•Y® r Property or A® as aei'ley and 0, 'Re 1 U17® 0e Ae 'Some eureeyore Nieerhe688 Now Yorke" lied in outtalk county clerks colas on September 16e 10309 as Map Not 654e r e s Ih r ;. u 8 THRU!MM USTYlSO OR FRIRMD IN FJUOR °��`�c�nDiHG FILitog, 1 I sUFFOLIc C®UM Y CURK s 1 yw Un 11 tau V6 Itiv � s4A 95110V Is A31110 0 Niewboror Paul 01' SSU-1 �)I 1. l;1;U11�Y ppt,K C.riln�n�r 1105 DKK I MaMKsse lnllfw"ItMt void 1 Meritm Tax Stamp RewrdtnK d laltlnx Ktansps x� rose/Fillas pet mea1Ktst Anil, .., ...1....� , f.Vulc Tu F TM14 � A�w� L#ONYMA f Notation � Sub Total lGA•s�s7 tCwnly) ,,,. 8ula Total --`:v S.�l�oc.dAaa. F, t� L4017(aisle) 'y®T,MTO.TAX P, i4.r.T" v Dral'l'®Km Cwmtywe rnp ..� Clow.of Id. n '} • 'l'r�aolrtr Tu all k enalen Tat Co"I lede.)ay ,....�•.� fig• k 11 It will he iaaprorea by w osis it Iwo 1111%Copy - - Sub Tell family dwtlllnl imly. YU or NO. it Other ®RAND TOTAL � 3d NO$no OpproprUlo lu olayso tact h' past#—� #(this lnelreewaaf. tteal tceperby TU lerrlte Aheney Verttloslles Tit ie Ceanpsay lnhraesliai ' l C:to'7.c0 AC ,c ..yl Cormi9sey N aNe '��'' Cf�; PU PAID IM Cslh;"+CheelCbsrti�. C ( Arver PA."?isms R a At �L ®w t' 'l c -��p�,-�c �-r,,�a�,a►d �� 11 Q�l RICO" &=RN Suffolit' _--'®uuty Recording Z_-: Zndo rscmeut Page R. This pn go romm ha rl olcito att(etcitod � mhdo by L• �JD�ad, IYiort�aga, 01�,) 1 5 ' Tits prsmiast hinin is sittattt®d In s SUFFOLK COUNTY,NEW.'youl dU)n T® Bn the TOwri or G O In tits YdlLLAQZ {" ' a4r'�C' Q MOWNor HAMLET or ®o,wa�e owl f d r l \�'3 F 4 • S •y (3 cY� ; ohN� Q am- uM1r�l N Y I�,1, .i tieNY��1'a JyUVE e�VYep�, \\\f� 'N®MM!RVNI�Miee a a bCwp ��,�lq , / 4014SULT T61114 LAVRFlt/11100/11 OWN 4191`lis"YYIN1-MIS InTRY11w f911i116A M via f4 61►ttpM say. THS INDWnM&heads W 13th day of October , made hundred WW ninety—five IlIE71><►te n��� Siena Sohwarttt ' 1 )1Y u executor o! the Estate of Edward Schwarttt 111011811 toill and excels dat of Edward Bchwartt9 elm d 181 Day 17th Straetr Brooklyn# NY who died on the 18th day of June ,nesse hundred ad ninety—f ive party of Ow Ant pert,ad Edward Booth and Patricia Be Booth hV,An"el y w A'Q ', P ►Y. '61 �" party of the second past. WITIdItSSETH,that the party of the first pert,to whom letters testamentary were Inued by the Surrogate's Court, Nin4e County, Now York on Seopte mbar 270 1495 and by vinut of the power and authority given in and by said last will and tcstunwnt.End/or by Article I I of the Estates,Powers and Trusts Law,and in consideration of One Dollar (01.00) paid by the patty of the second part,doe hereby grant End release unto the party of the second pan,the distributees or successors and assigns of the party of Cha sewed part forever, AU that certain plot, place or parcel of band, with the buildings and iutprovetmee thereon meted, elevate, lying and being In the See Schedule A attached TOGETHER with all right, title IMA Interest,if any,of the patty of the first part In and to any streets sad roads abuttingthe about described premisaa to the center lines thereof;TOGETHER with thea , and also all the estate which the acid decedent had at the time of decedent's death In said prem the estate therein,which tltif yeny of the firstlart has or has power to conveyor dispm of,whetter 1"vid- ually,or� vines of said wilt or otherwise;TO HAVE AND TO HOLD the preses harda amid unto the pasty ai the second part,IMdisuibutm or successors add uslgMe of the party of Ow WWd p"(MM, AND the party of the flat part covenants that the parry of the first pan hu not dome or sefptrced aaythlag whereby the said premises have been Incumbersd in any way whatever, ""apt to aforesaid, Subject to the trust heed provisions of saetlon thineen of the glen few, The word"party""I be construed u if It read"parties" where", the souse of thb htdsttM ao #squires, IN WffNZU WHttlr WF,tits pony of the fine part has duly exacated tW deed the dsy and ym&M shove rrrittea IN gnawers ort 1 ✓'tv(L,. 77 VIA"Of 1Mw vtlile,Qatitm ew Bey ITATI oe eMMI rss10,fMU1n!;' --- w i Os w (tea. day of OC k%�s' 1W ,bt>dors un On the day of 1Q ,Wive tM P ume�lpru ki�xA.�t psrmdy am ` to we known toor be titre IndlvidW ' dueribed in and who to me Imm to bs Uta individual destn'lbsd in sad veto N � �mcw�vtid t1,e ` OW �altrtotild�d 0640 ettaostt fidtqft the"Oe. and oaltr�wW W tact \ MOTMYIMI3tsh�of YA 1b. 1-468538? t QY11Ard fin Now York County C �OrAAlf:tan xprH N1BseA ,�{�} AUTO M MW tf al K C®ttl Y 91 BN ITATI W WW YM eM01 "AR stt f: On tM day o1 19 ,before me on tM day of ID ,b@Wt me t parondlr osrnelam to me known,who,bdttd by me duly sworn,did depose and the sub ndbing witness to the forerft Ittsttroa7tent, with ny that .he raid"at No, whom I sm penooally w4usinted, who belrot by me duly " flet he bow I sworn,did depoaw NA sey first he"at Na I r of dal he knows the aorpmdon dssatlbed In and whkh executed dw foreaoina Ittsetument I that M to be*A inAiridual knows the sal of Bald enrpon+ition I that the Best affixed dncrlbed in and who veeuted the fore nff Irutrtunent I f to Bald Instrtunant Is such oorpotals Hell that It wu so that he, said subscribing whAw, wu poem end saw i affixed by order of the board of 41mun of sold torpors• exeevls the same,and 0141 he Bald Onus, tlon,and flet he eldnsd h Rees thasto by Us ordae. at the sone dote subeaibed h acne as;4mie xs th"m r E frxee�toe't ileo et;rrtort 067 Sle'na Schwartre as Executor of the 0°W"oa'O'N 250 Huntington Blvd. Estate of Edward Schwartz araat'rAnDOU Southold, MY TO i ltdward Sooth and Patricia S. booth 3, as Janet Olhm®ars with Right of �BY watt:TO, 4e J�9 /9y 24 Na r .�M f W. • e , JO n169 1 , I A"do O t m PW.lW of!W®1 hw,earls ON WOO WW INVOW d WW N t on AW WK IN the Yawn of llouthoide aouenm? of Suffolk and State or Now Yorke known and designated as Lots @,' ®pe 't0® an a certain wap entitled 1°Map ! of reoonle Shores, La lv$ Me e Property of Ae to pail*? and as Re l;ailey, 0e at Youa& 3urvajor, 1 Riverhead, New lark," filed In Suffolk count? clerk's Office on September 130 1330, as Map Not 3194* r• s• 1 . e i 4 S FiF • C 1 •+ 1 1 1 • 5� .1 ,•• 1 1 1 ��t-lu- r X121 i� 6YC v 7o�in9 �v�vo� /���o��is 141 %owe ofSoy�hvld o� ,�, N � 11 I S� AUG - 2 7016 �ec d T l ve A�t MY. � ��d d��ds . ly vr� ���'G��e �c -Al - Alice � 1 ti/� r ��f� uS own �� e l�� -fes v h o cs _ v�e �o e�sa� Gam► d , /1,7v �1ed �e 0t1 A4 L/c 1� vWse " � -fir r, vs o y y 3::r r�,er, s -Fez l -Fob C e`'e l of rMc cl �-; r►�,er� f��l � UrA,� �,mc� 11 � UYv�e CJ In�o Gi. r`�Sr1 de��1 � G"yt d l)voc1 leo e eif -1-h c, � � n G J o-F �� c,5h6ol-h o k-or'pY-cvot, -I' over develo1rmej'► f oJl r04 off. 1 July 23,2018 V 310 Huntington Blvd. UGj ?� , 18 Peconic, NY 11958 `tea o To All Parties Concerned: As regarding the matter ZBA#7183-SCTM3:1000-67-16 and 9, 1 am unable to attend the meeting that day for the unmerging of the said properties of the Booth family. Since I am the next door neighbor and any new dwelling would be visible from my backyard, I would request that the matter of unmerging the property would NOT occur. Your rules for so much space /footage lot size was enacted in order that the timbre of the North Fork remain the same...rural, bucolic and non developed.The law of 4000 ft for a conforming lot is the law and I would like it to stay the law. The said lot is non conforming and does not meet the present law's requirement. Many families have roots,here since the 1700's and often remind us of the beauty and the way it used to be.Only the neighbor's on these blocks would be effected by yet another dwelling,since the other part of the land is not often occupied. The wildlife,the fauna and flora,the birds and any life form would be compromised,as yet another piece of their habitat dwindles. KEEP the North Fork pristine and as unencumbered as possible. That is why we moved here. Nancy Conlon aus - Amie J �� ��i�unY`as- �77?7ae4P/Eao- 67-/fib � `� 67 4— lb ��� c��71vn�°✓vY�.�.�iar��- (�ctu�vnr �- avn�€ /tky,� �r,'fQ�il4, �dt+��i�n'6,wc� � t9d. ✓t,ft 4�ad ,r i Gm,�L �'IF.Cn NIX _ a��rP�pt�l Uc0/'s��i✓�✓��a' f� RR¢�, dw,� Southold Town RECEIVE® Board of Appeals 53095 Main Road JUL 2018 Southold, NY 11971 ZON11VG BOARD OFgpPE ALS To the members of the Board of Appeals, Please find this letter to serve as a response to the following waiver of lot merger request: Name: Booth, Patricia#7183 SCTM: 1000-67-4-16 &9 Variance: Waiver of lot merger Request: Unmerge lot 16 from lot 9 We are opposed to this request on the grounds that the property does not meet the minimum zoning standard for the district,which we believe is R-40. We feel that the purposes of the zoning plan as noted below would not be served by allowing the above request: A. v The facilitation of the efficient and adequate provision of public facilities and services. B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential and historic areas. [Amended 1-10-1989 by L.L. No. 1-1989] F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of Southold as a whole, particularly its open and rural environment. [Amended 1-10-1989 by L.L. No. 1-1989] RECEIVED JUL 312018 ` 3 ZONING BOARD OFAPPEALS . The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and-fisheries. I. To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. [Added 2-1-1983 by L.L. No. 2-1983] K. The protection of the subsurface water supply and surface waters. [Added 1-10-1989 by L.L. No. 1-1989] L. The protection and enhancement of the coastal environment. [Added 1-10-1989 by L.L. No. 1-1989] Based on the above,we would ask that the Town deny the request. Thank you for your time and consideration> Sincerely, Charles Cocuzza+ Rose Devine 3055 Mill Lane Peconic NY 11958 L� ��� JLS ~ Ga/a— I i S3 JUL ZONING 30ARp OF APP �Xf I'l oeHo l —117 _2-,/® / A �S James and Janet Gannon RECEIVED 200 Central Ave. JUL 10 201? Lynbrook, N.Y. 11563 ZONING '30ARD OF APPEALS July 25, 2018 Attn: Zoning Board of Appeal This letter is in response to the request by the Booth family to unmerge SCTM No. 1000-67-4-16 from SCTM No. 1000-67-4-9. We ask that the request be denied. The property would not meet the minimum 40,000 sq. feet in our R-40 Residential Zoning District. We believe the Town of Southold zoning is in place to keep-the property size and population in balance. Again we ask the unmerging request be denied. Sincerely, James Gannon J tGannon cn.� Robert-and Anita Busby ' P4 Box 129 -B Y: __ __ Peconic, NY 11958 July 23, 2018 To the members of the Zoning Board of Appeals, am writing this letter on behalf of my husband and myself as a response to the request of the Booth family wishing to unmerge SUM No.1000-67-4-16 from SCTM No.1000-67-4-9. We are opposed to this request on the grounds that this piece of property does not meet the minimum standard of 40,000 sq. feet in the R-40 Residential Zoning District in which we reside. Our understanding is that the minimum standard was put in place to try to-keep the population density of the Town of Southold at a reasonable level:-We feel this was a wise decision on the part of the Town and would ask that the request to allow this unmerging be denied. Sincerely, Captain Robert Busby Anita M. Busby I Randall M. Kelly and Ulrike Sius� it 58o Huntington Blvd. Peconic, New York 11958 July 22, 2018 To the Members of the Southold Town Zoning Board of Appeals: We are writing this letter to oppose the request of the Booth family to unmerge SCTM No. 1000-67-4-16 from SC17M No. 1000-674-9. We oppose the request on the grounds that the piece of property does not meet the minimum standards of 40,000 sq.feet in the R-40 Residential Zoning District where we live. Our understanding is that the minimum standard was put in place to maintain the density of the Town at a reasonable level. We agree with that minimum and the stated goal and would ask that the Board reject the request to unmerge. y ours, Randall M. Kelly , Ulrike Stachl JUL Z 52018 -r - JOAN LEAVITT 450 Huntington Blvd. P.O. Box 313 Peconic, New York 11958 AN 5 July 23,_2018 To the members of the Zoning Board of Appeals I am writing this letter as a response to the request of the Booth family wishing to unmerge SUM No. 1000-67-16 from SUM No. 1000-67-4-9. We are opposed to this request on the grounds that this piece of property does not meet the minimum standard of 40,000 sq.feet in the R-40 Residential Zoning District in which we reside. Our understanding is that the minimum standard was put in place to try to keep the density of the Town of Southold at a reasonable level. We feel this was a wise decision on the part of the Town and would ask that the request to allow this unmerging to be denied. Sincerely, L�. Joan Leavitt 11 h Eileen Slavin RECEIVED 175 Burtis Place JUL 2 6 2018 Peconic, NY 11958 ZONING BOARD OFAPP July 24, 2018 RE:ZBA#7183 To the members of the Zoning Board of Appeals, I am writing this letter to lodge my opposition to the request by the Booth family to unmerge SCTM No. 1000-67-4-16 from SCTM No. 1000-67-4-9. The piece of property in question does not meet the minimum standard of 40,000 square feet for development in this neighborhood and its unmerging would run counter to the law's design to limit the density of housing on the North Fork. Therefore I would encourage the Zoning Board to uphold the Building Inspector's April 11, 2018 Notice of Disapproval and deny this request for unmerging. Respectfully, � 1 Eileen Slavin �3/-�65-2zsZ • " #0002239140 OAO STATE OF NEW YORK) )SS: atl'OUNTY 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 07/26/2018 Principal Clerk Sworn to before me this day of do . CHRIS OLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. DIV06105050 Qualified In Suffolk County My comm10®IOB Expires February 28,2020 TYPESET: Mon Jul 16 12:50 01 EDT 2018 l and the Building Inspector's January 16, 10 feet, 2) additions to the single family LEGAL NOTICE 2018, Amended February 27, 2018 and dwelling less than the code required mint- SOUTHOLD TOWN ZONING March 5,2018 Notice of Disapproval based mum side yard setback of 15 feet;at:65 Corey BOARD OF APPEALS on an application to demolish an existing sin- Creek Lane Road, Southold, NY. THURSDAY,AUGUST 2,2018 gle family dwelling and construct a new sin- SCTM#1000-78-4-30. PUBLIC HEARINGS gle family dwelling and in-ground swimming The Board of Appeals will hear all persons or NOTICE IS HEREBY GIVEN,pursuant to pool, at: 1) proposed dwelling located less their representatives,desiring to be heard at Section 267 of the Town Law and Town Code than the code required 100 feet from the top of each hearing,and/or desiring to submit writ- Chapter 280(Zoning),Town of Southold,the the bluff;2)proposed swimming pool located ten statements before the conclusion of each following public hearings will be held by the in other than the code required rear yard; hearing.Each hearing will SOUTHOLD TOWN ZONING BOARD OF located,at. 1800 Hyatt Road,(Adj.to Long not start earlier than designated above.Files APPEALS at the Town Hall, 53095 Main Island Sound)Southold,NY.SCI'M#1000- are available for review during regular busi- Road,PO.Box 1179, Southold,New York 50-1-4, ness hours and 11971-0959,on THURSDAY,AUGUST 2, 11:15 A.M. - MARY ZUPA/PARADISE prior to the day of the hearing.If you have 2018. POINT ASSOCIATION#7186-Request questions,please contact our office at,(631) 9:30 A.M. - LYNN M.C. O'NEILL, for a Variance under Article III, Section 765-1809, or by email: KimF@ TRUSTEE#7174-Request for Variances 280-14 and the Building Inspector's April 3, southoldtownnygov from Article XXIII,Section 280-124 and the 2018,Amended April 16,2018 Notice of Dis- Dated:July 19,2018 Building Inspector's March 23,2018,Notice approval based on an application to permit a ZONING BOARD OF APPEALS of Disapproval based on an application for a lot line modification;at: 1)proposed newly LESLIE K A N E S W E I S M A N, building permit to legalize as built additions created lot having less than the code required CHAIRPERSON and alterations, and to construct alterations minimum lot size of 80,000 sq ft;located,at: BY:Kim E.Fuentes (raise and move)to an existing single family 580 Basin Road, (Adj. to Southold Bay) 54375 Main Road(Office Location) dwelling,at; 1) less than the code required Southold,NY.SCTM#1000-81-1-16.7 53095 Main Road(Mailing/USPS) minimum side yard setback of 10 feet;2)less 1:00 P.M. - VIRGINIA GILMOUR/ P.O.Box 1179 than the code required minimum combined ROBERT WHITE (JESSE DORFMAN Southold,NY 11971-0959 side yard setback of 25 feet,at.205 Fisher- C #7185-Request for a Waiver of Merger 2239140 man's Beach Road,(Adj to Cutchogue Har- petition under Article II,Section 280-10A,to bor),Cutchogue,NY.SCTM#1000-111-1-39 unmerge land identified as SCTM No 9:45 A.M - FREDERICK AND DALE 1000-144-3-27, which has merged with STANLEY#7180-Request for Variances SCTM Nos. 1000-144-3-28 and from Article III, Section 280-15; Article 1000-144-3-35,based on the Building Inspec- XXIII,Section 280-124;and the Building In- tor's April 13,2018 Notice of Disapproval, spector's March 23,2018,Notice of Disap- which states that a non-conforming lot shall proval based on an application for a building merge with an adjacent conforming or non- permit to construct additions and alterations conforming lot held in common ownership to an existing single family dwelling;at, 1) with the first lot at any time after July 1,1983 additions to the dwelling located less than the and that non-conforming lots shall merge un- code required minimum side yard setback of til the total lot size conforms to the current 15 feet;2)existing accessory shed located to bulk schedule requirements (minimum other than the code required rear yard, at: 40,000 sq.ft in the R-40 Residential Zoning 2485 Bay Avenue(Adj.to James Creek),Mat- District);located,at 350 Bartley Road,Mat- utuck,NY SCTM#1000-144-4-6 tituck, NY. SCTM Nos 1000-144-3-27, 10:15 A.M -ELIZABETH E.MACEDO- 1000-144-3-28 and 1000-144-3-35 NIA AND THEODORE N. 1:15 P.M. - BRIAN AND ELIZABETH PAPADOPOULOS #7182 - Request for WILHELM (CV), #7187 - Request for Variances from Article III,Section 280-13; Variances from Article XXIII, Section Article III,Section 280-15;and the Building 280-124 and the Building Inspector's April Inspector's April 10, 2018, Notice of Dis- 11,2018,Notice of Disapproval based on an approval based on an application for a application for a building permit to construct building permit to construct an accessory in- additions and alterations to an existing single ground swimming pool and the conversion of family dwelling; at, 1) less than the code an accessory building to pool house,at; 1) required minimum front yard setback of 35 more than the code permitted one dwelling on feet;2)less than the code required minimum each lot;pool house by design constitutes as a rear yard setback of 35 feet; at:220 Upper second dwelling; 2) proposed in-ground Shingle Hill Road, Fishers Island, NY. swimming pool located in other than the code SCTM#1000-9-1-14. required rear yard; 3) proposed pool house 1:30 P.M.-MARGERY RII'KIN DAVID located in other than the code required rear AND REUBEN J. DAVID #7168 - (Ad- yard,at.4175 Old Jule Lane,Mattituck,NY joumed from July 5, 2018) Request for a SCfM#1000-122-5-13.3. Variance from Article III, Section 280- 10:30 A.M.-PATRICIA C.BOOTH RE- 13(A)(6)e,and the Building Inspector's Feb- VOCABLE TRUST#7183-Request for a ruary 13,2018,Notice of Disapproval based Waiver of Merger petition under Article II, on an application for a building permit to Section 280-10A,to unmerge land identified legalize an"as built"accessory apartment in as SCTM No 1000-67-4-16 which has an existing single family dwelling,at;1)"as merged with SCTM No 1000-67-4-9,based built"accessory apartment exceeds 40%of on the Building Inspector's April 11, 2018 the livable floor area of the existing dwelling Notice of Disapproval, which states that a unit; at: 1130 Glenn Road, (Adj to West non-conforming lot shall merge with an adja- Creek)Southold NY.SCTM#1000-78-2-29 cent conforming or non-conforming lot held 1:35 P.M.-BRIAN MORRISSEY#7177- in common ownership with the first lot at any (Adjourned from July 5,2018)Request for time after July 1, 1983 and that non- Variances from Article III, Section 280-15; conforming lots shall merge until the total lot Article XXIII, Section 280-124; and the size conforms to the current bulk schedule Building Inspector's January 26, 2018, requirements(minimum 40,000 sq ft in the Amended March 28,2018 Notice of Disap- R-40 Residential Zoning District),located,at proval based on an application for a building 265 Burtis Place,Peconic,NY SCTM Nos, permit to construct additions and alterations 1000-67-4-9 and 1000-67-4-16. to an existing single family dwelling and to 10:45 A.M. - SIGURDSSON BALDUR, legalize an existing 100 sq.ft.accessory shed, LLCJWADE GUYTON, MGR. #7184 - at, 1) accessory shed located less than the Request for Variances under Article III,Sec- code required minimum rear yard setback of tion 280-15,Article XXII,Section 280-116A, TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Na`ne of Applicants) SCTM Parce[# 1000= COUNTY OF SUFFOLK STATE OF NEW YORK,,�- � f�j,,��p,�, : I, `� .'PaJ R UV U� residing at� �shwo h I V k�AX ,IvxIL 'New York, eing duty sworn,deposes and says that: Oa the "day of ,20�, X personally mailed at the United States Post.Office in OL { ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the.,attached 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 K) or( ) County Real Property Oice for every property which abuts and is across a public or private street, or vehicular right-of=way of record, surrounding the appli is property_ Sworn to before me this - ��day of 20 t c:� — Anthony H.Palumbo Notary Public,State of New York rotary Public) No.02PA6114032,Suffolk County Commission Expires Aug.9,. 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. 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Postage $ Q Total Postage and 91 .,moi, ?'"' ,n ;•I_ ,. SCI l_o 1-orr /T --el d!L2No ------------ ------------------ ----- ----------------- ----T-q� W/ 6f^-(/-,-e----r--------------------�--,--T----,--1-=--_------ - — _ The Law Firm of Palumbo and Associates, RC iO3 13200 Main Road, P.O Box 132 "'tr Mattituck,New York 11952 Phone(631)298-1600 Fax(631)298-1603 Anthony H. Palumbo,Esq. Tracy Karsch Palumbo, Esq. July 12, 2018 VIA CERTIFIED MAIL —RETURN RECEIPT REQUESTED Mitchell Shahade P.O. Box 272 Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, Tracy . Palumbo TKP/dp enclsoure 1\ D� The Law Firm of Palumbo and Associates, P C ,k 13200 Main Road, P.O Box 132 Mattituck,New York 11952 Phone(631)298-1600 Fax(63 1) 298-1603 Anthony H. Palumbo, Esq. Tracy Karsch Palumbo, Esq. July 12, 2018 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED ,James G. Gannon 200 Central Avenue Lynbrook, New Fork 11563 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, 17 Tracy . Palumbo TKP/dp enclsoure The Law Fain of Palumbo and Associates, P.C. 10�� 13200 Main Road, P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax (631) 298-1603 Anthony H. Palumbo, Esq. Tracy Karsch Palumbo,Esq July 12, 2018 VIA CERTIFIED MAIL —RETURN RECEIPT REQUESTED Nancy Conlon P.O. Box 54 Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, Tracy Palumbo TIP/dp enclsoure The Law Firm of Palumbo and Associates P.C. 13200 Main Road, P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax (631) 298-1603 Anthony H. Palumbo, Esq. Tracy Karsch Palumbo, Esq. July 12, 2018 VIA CERTIFIED MAIL —RETURN RECEIPT REQUESTED Devin Lalor 217-1254 1h Avenue Bayside, New York 11364 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, V Tracy, . Palumbo TKP/dp enclsoure n ' UI� The Law Firm of Palumbo and Associates, P.C. 13200 Main Road, P.O Bos 132 Mattituck,New York 11952 Phone(631)298-1600 Fax(63 1)298-1603 Anthony H Palumbo, Esq. Tracy Karsch Palumbo,Esq. July 12, 2018 VIA CERTIFIED MAIL —RETURN RECEIPT REQUESTED Eileen Slavin 175 Bu rtis Place Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, �JV Tracy . Palumbo TKP/dp enclsoure The Law Firm of Palumbo and Associates, P.C. 13200 Main Road, P.O Box 132 ^P Mattituck,New York 11952 Phone (631) 298-1600 Fax(631) 298-1603 Anthony H. Palumbo, Esq Tracy Karsch Palumbo, Esq. July 12, 2018 VIA CERTIFIED MAIL —RETURN RECEIPT REQUESTED RW and AM Busby Irrevocable Trust P.O. Box 129 Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, Trac K. Palumbo TKP/dp enclsoure The Lav Firm of Palumbo and Associates, AC'. 13200 Main Road, P.O Box 132 Mattituck,New York 11952 Phone (63 1) 298-1600 Fax (63 1)298-1603 Anthony H. Palumbo, Esq. Tracy Karsch Palumbo, Esq. July 12, 2018 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Charles Cocuzza 3055 Mill bane Peconic, New Fork 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: This firm represents the owner of the property referenced above who is seeking a Waiver of Lot Merger. In accordance with the Town Zoning Board of Appeals, a public hearing has been scheduled at Southold Town Hall, 53095 Main Road, Southold, New York, on Thursday, August 2, 2018 at 1:00 p.m. Pursuant to the Town of Southold Zoning Board of Appeals requirements, a copy of the Legal Notice is enclosed for your review. Should you have any questions or concerns please contact this office. Very truly yours, Tracy alumbo TKP/dp enclsoure Vi Booth ZBA service list JAS 67-6-1 Mitchell Shahade PO Box 272 Peconic, NY 11958 67-3-9 James G. Gannon 200 Central Avenue Lynbrook, NY 11563 67-4-8 Nancy Conlon P.O. Box 54 Peconic, NY 11958 67-4-10 Devin Lalor 217-12 50' Avenue Bayside, NY 11364 67-4-15. 1 Eileen Slavin 175 Burtis Place Peconic, NY 11958 67-4-17 RW and AM Busby Irrevocable Trust P.O. Box 129 Peconic, NY 11958 67-4-21.2 Charles Cocuzza 3055 Mill Lane Peconic, NY 11958 The Law Firm of Palumbo and Associates, P.C. 13200 Main Road,P.O Bot 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631)298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq July 20, 2018 Mitchell Shahade P.O. Box 272 Peconic, New Fork 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very trul yo s, Tracy a umb TKP/dp The Law Firm of Palumbo and Associates, P.C. 13200 Main Road, P.O Bos 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631) 298-1603 Anthony H Palumbo,Esq. Tracy Karsch Palumbo,Esq July 20, 2018 Jaynes G. Gannon 200 Central Avenue Lynbrook, New Fork 11563 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very truly yours, Trac K. al b TKP/dp The Law Firm of Palumbo and Associates, P.C. 13200 Main Road,P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631) 298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq July 20, 2018 Fancy Conlon P.O. Box 54 Peconic, New Fork 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very - "y yours, T cy K. Palumbo TKP/dp The Lav Firm of Palumbo and Associates, P.C. 13200 Main Road,P.O Bos 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631) 298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq July 20, 2018 Kevin Lalor 217-12-54th Avenue Bayside, New Fork 11364 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very 1 yo s, ra K. Palumbo TKP/dp A03 /V The Law Firm of Palumbo and Associates, P.C. 13200 Main Road,P.O Box 132 Mattituck,New York 1192 Phone (631)298-1600 Fax(631) 298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq. July 20, 2018 Eileen Slavin 175 Burtis Place Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. qerly4alumbo . TKP/dp r' 1 The Law Firm of Palumbo and Associates, P.C. 13200 Main Road,P.O Bot 132 Mattituck,New York 1192 Phone (631)298-1600 Fax(631)298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq July 20, 2018 RW and AM Busby Irrevocable Trust P.O. Box 129 Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. ry trul yours, Tracy . Pa umb TKP/dp _ Y The Law Firm of Palumbo and Associates, P.C. 13200 Main Road, P.0 Bos 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631) 298-1603 Anthony H Palumbo,Esq Tracy Karsch Palumbo,Esq. July 20, 2018 Charles Cocuzza 3055 Mill Lane Peconic, New Fork 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very y yours Tray umb TKP/dp The Law Firm of Palumbo and Associates, P.C. D 7t�� 13200 Main Road,P.O Box 132 Mattituck,New York 11952 Phone (631)298-1600 Fax(631) 298-1603 Anthony H.Palumbo,Esq. Tracy Karsch Palumbo,Esq July 20, 2018 Charles Cocuzza 3055 Mill Lane Peconic, New York 11958 Re: ZBA # 7183 SCTM#: 1000-67-4-16 & 9 Dear Neighbor: Please be advised that the cover letter accompanying the ZBA hearing notice sent to you on July 12, 2018 reflected the incorrect time for the hearing. The hearing is scheduled for 10:30 a.m. Should you have any questions or concerns please contact this office. Thank you. Very y your Tray . um TKP/dp i —,1 - f•d r ' I U.S. POST) LAW FIRM OF PALUMBO £� PAIASSOCIATES,P.C. o - I MATTIT''G`� P.O.Box 132 JUL 13 181 Mattituck,New York 11952 pNITEDSTdTES AMOUN r POSTIILSERVICE6 $G { 7215 2640 2227 5264 2924�� loo0 11958 R2305V�6 N RECE`p� I - �R ESIED ED Charles Coc7za17,0 l � 3055 Mill Lane Peconic, New York 11958 r r i --tee Z,0'0 i`®RETURN TO SEND!: R No SUCH mu7iisi� � I NA3LE TO F0RWAR F`$ N5 N roc: � - a—,: � 11ls �zi;,��� �ig i:�� l�yE�p� : <111�9f1a l�l�is �? • S`,S9CTION.O DELIVERY ■ Complete Items 1,.2,�agd,3.- , A. 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Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationn' 7 015 06-40 0 0 0 7 5064 2 8 6 7^ Mail O Signature Delivery Mall Restricted DeliveryRestricted Dellve 00) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt • . •I�PLETE THIS�.SEqTION ON DELIVERY ® Complete items 1,2,and 3. A. Signature ® Print your name and address on the reversef�f x 13Agent so that we can return the card to you. r,t :f d r � t1,v >� O Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Pr)inted Name) C!Date of Delivery [r( or on the front if space permits. (}1 _ -Pi 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: [3No 7o r3pX t aq V _ II1111111 IIII Ill I I l l I II III III'Ili Ii II i IiI I Ili 3. 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Received by(PrMfed Name) C. Date of Delivery or on the front if space permits. m d-Fcoc � :-4,,, rr�.f'a 1,% 1. Article Addressed to: D. Is delivery address dnPerent from item 1? ❑Yes If YES,enter delivery.tddress below: ❑No ��. 02902 ny. ass II I IIIIII illi III I I I I I II I II I'I c�ll II I II I II III 3. Service Typo ❑Priority Mall Expresso ❑Adult Signature ❑Registered Mai ITM ❑Adult Signature Restricted Delivery E3 Registered Mad Restricted 9590 9403 0380 5163 62"29'40 ❑Certified Mal® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted DPi rery ❑Signature ConfirmationT'" Article Number(Transfer from service label). Mail ) ❑Signature Confirmation 7 015 0640 0 0 0 7 5064 2 8 9 8 00j I Restricted Delivery ResVicted Delivery 3 Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt D • • • • • ■ Complete items 1,2,and 3. A. signature ■ Print your name and address on the reverse X ,/,��c��,2.�y fs!�%fit ❑Agent so that we can return the card to you. / ii ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by j(Printted Name) C. Date of Delivery or on the front if space permits, c A (_ Or 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes A&,M If YES,enter delivery address below: ❑No leo Br��S� 3. II I Illlll IIII III I I I I I Il I III II I I III Il II I IIII III Priorityri A gRegistered oultSnaturre Restricted Delivery ❑Registered Restricted 9590 9403 0380 5163 6225 33 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Tlansfer from SeN1ce label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTO ra Y Mail ❑Signature Confirmation 7 O li 0 Et;�-r}y n D d 0 6 4 2 8 7 4 Mad Restricted Delivery Restricted Delivery _ LL1a>IY 70) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt Y TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING o-6 I-Vy�-vdabu not (Name of Applicants) AUS — ` hw !.�. Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- A OU16 *1000- (A-Gl_ COUNTY OF SUFFOLK) STAT�Ej OF NEW pYORK) / ,� - flea /3 00k� — residing_at s -Sou, alb i , New York, being duly sworn, depose and say that: - On the day of J f ,20118, IP Yp personall laced the Town's Official Poster, with the date of he ing and-nature of my application noted thereon, " securely upon my property, Iocated 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,* and that I hereby confirm that the Poster has remained•in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be 12 a c2 (Signature) Sworn to be ore m this Day of Ili( Kim E.Fuentes Notary Public,State of New York- Qualified in Suffolk County LIC.#01 FU4811709 Commission Expires ARM 30,� (Notary Pu near the entrance or driveway entrance of my property, as the area most visible to passerby. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (� L� SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING Name of Appiicantc,1 Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel ff 1000- (A '`HU *1000- (04`1 1n COUNTY OF SUFFOLK) STATE OF NEW YORK), I, I V�Cl�l _K,•�01.�.V I�vJ l/J(' _residing.at.�5`���Gt.�-�1 WO���� ��� New York, being duly sworn, depose and say that: On the day of �' , 201 le/, I personaity�laced the Town's Spofttoil4i �dwctkdBr)D�ir, Official Poster, with the date of he ing 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)—facie t B 04' V' !ct he street or facing each street or right-of--way entrance,* and that IM r, 0�j' I q 2_35.SC cv1d V l 6_u) 4vj.,SD(.0 %�d01 l V.,OU/Z /?all - ► v��u-all co�.�i�w� U�n.a� �L s1 g v� w a s p�aPed �.���I, - - Ihereby corm that the Poster has retnafined m place for seven(')days prior to the date of the subject hearing date, which hearing date was shown to be0i e a St ) Sworn to this /fr of : 201 0 Anthony H.Palumbo otary blic,State of New York (Notary Public) No.02PA6114032,Suffolk County Commission Expires Aug.9,ndffla near the entrance or driveway entrance of my property, as the area most visible to passerby. I OFFICE LOCATION: �- —MAILING ADDRESS: Town Hall Annex ��OF sOV�yO P.O.Box 1179 54375 State Road Route 25 ,`O l® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 G �pQ http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 2, 2018 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, AUGUST 2, 2018. 10:30 A.M. - PATRICIA C. BOOTH REVOCABLE TRUST #7183 — Request for a Waiver of Merger petition under Article ll, Section 280-10A, to unmerge land identified as SCTM No. 1000-67-4-16 which has merged with SCTM No. 1000-67-4-9, based on the Building Inspector's April 11, 2018 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 265 Burtis Place, Peconic, NY. SCTM Nos.1000-67-4-9 and 1000-67-4-16. 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: July 19, 2018 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 CONING 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://southtown.northfork.net July 9, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, August 2, 2018 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 July 16th: 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 July 23rd: 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 July 25th: 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 31, 2018. 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. i4uTlt.. E UF HEAR1 ,40 The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : BOOTH , PATRICIA #7183 SCTM # : 1 000-67 -4- 1 6 & 9 VARIANCE : WAIVER OF LOT MERGER REQUEST: UNMERGE LOT 76 FROM LOT 9 DATE : THURS . , AUG . 2 , 2018 1 0 : 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 (631 ) 765-1809 BOARD MEMBERS Southold Town Hall OF s�Vr 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson �' y� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �IiYCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 October 9, 2018 Tracy Palumbo Attorney at Law Palumbo and Associates, P.C. P.O. Box 132 Mattituck,NY 11952 Re: ZBA Appeal No. 7183 Booth, 265 Burtis Place, Peconic SCTM Nos. 1000-67-4-16 and 67-4-9 Dear Mrs. Palumbo; Enclosed is a copy of the Zoning Board's October 4, 2018 determination filed with the Town Clerk regarding your application. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department -71S 3 mo- Cb lb / I ' 1 �7 'f cb 4 ti NN. ` lb yl 2006 0, ry1ry z a 'o ,off 4 O epro 6 � 49, ' , ? 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