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HomeMy WebLinkAbout6470 Vev�- '1 "d AA) o �.or{- Sv�dl.cltSca� '� (�`-�� �►-Dp°sad v�� 3�; �5� sg.- � �''`� �. will � 7,9 5 t � 1 ADak ow 15 )ei!)A� SO 026�1 /o_0 CAD �. i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F S��Tyo 1 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider COUM`I Southold,NY 11971 5 http://southoldtown.northfork.net ZONING BOARD OF APPEALS REC I ED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MAY 3 2011 bout old-Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 18,2011 ZBA FILE: 6470 NAME OF APPLICANT: David J.Verity SCTM#1000-78-3-26 PROPERTY LOCATION: 865 Nokomis Rd. (Hiawatha's Path), Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions,without further steps under SEQRA. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject parcel consists of 57,397 sq. ft. it is improved with a one story framed house, framed garage, one and a half story framed building and a framed cottage. It has 198.60 feet of frontage on Nokomis Rd., 271.50 feet of frontage on Hiawatha's Path, 215.72 feet along the east property line and 270.00 feet along the north property line as shown on the survey prepared by Peconic Surveyors, dated August 18,2010. BASIS OF APPLICATION: Request for Variance under Article IV Section 280-18 and the Building Inspector's March 23, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the.code required minimum lot size of 40,000 sq. ft.,2) less than the code required width of 150 linear ft RELIEF REQUESTED: The applicant is seeking variances to subdivide his property into two non- conforming lots, requiring lot area of 31,057 sq. ft. for Lot 1 and 26,340 sq. ft. for Lot 2 where the code requires 40,000 sq. ft. and lot frontage of 115.03 feet for Lot 1 and 83.57 feet for Lot 2 where the code requires 150 linear feet. Additionally, on proposed Lot 1 a side yard.setback of 7.9 feet is requested where the code requires 15 feet. Page 2—May 18,2011 ZBA File#6470-Verity CTM: 1000-78-3-26 ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board and in a response dated February 9,2011,the Planning Board stated the applicant would need to apply to their department for a lot line modification and did not state any objections to the requested area variances. Additionally, the agent for the applicant presented a deed that was dated November 12, 1941, which is prior to current zoning, but was not recorded until August 25, 1983,which as after the code required date of June 30, 1983 for lot recognition. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2011,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed subdivision is in keeping with the neighborhood because the majority of the lots in the area are equal to or smaller than the two proposed lots. Additionally, both proposed lots are improved and have existed as such since prior to the zoning code of 1957 and no changes to the existing structures are being proposed by the applicant. 2. Town Law 4267-b(3)(b)(2) The benefit sought by the applicant can not be achieved by some method feasible for the applicant to pursue, other than an area variance. Since the deed was not recorded until after the date for lot recognition,the applicant has to pursue an area variance. 3. Town Law V67-b(3)(b)(3) The variances requested herein are substantial.The lot area variances j are as follows: Lot 1, a 23%variance, for Lot 2, a 34%variance based upon present code requirements. As for the non-conforming side yard setback,this represents a 47%variance from the present code requirements.However,the creation of two lots with one dwelling on each will eliminate the existing non-conformity of two dwellings on a single lot. 4. Town Law V67-b(3)(b)(4) No evidence has been submitted to suggest that the variances requested in this residential community will cause an adverse impact on the physical or environmental conditions in the neighborhood. The structures pre-exist zoning and no changes are proposed by the applicant. i 5. Town Law V67-b(3)(b)(5) The alleged difficulty has not been self created in so far as the deed was not recorded on one of the lots at the time the lots were created. 6. Town Law 4267-b The grant of this application is the minimum necessary to allow the applicant to enjoy his property while taking into consideration the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test . under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to i I i ~ i Page 3—May 18,2011 ZBA File#6470-Verity CTM: 1000-78-3-26 GRANT,the variance as applied for, and shown on the survey prepared 8/18/2010 by Peconic Surveyors. Applying the following identification to each lot: Lot 1 as the most northerly lot consisting of 31,057 sq. ft and Lot 2 the most southerly lot consisting of 26,340 sq. ft. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's I diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration.that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Horning, Goehringer, Dinizio, Schneider. This so lion was duly ad ted(5-0). I Leslie Kane Weisman, hairperson Approved for filing -/d� /2011 E 1 N SURVEY OF PROPERTY N/p/F KEVIN �c MLLIAM HARDING AT LA UGHING WATER TOWN OF SO UTHOLD 270.oo' SUFFOLK COUNTY, N. Y. N84�21'oo'E 1000-78-03-26 SCALE: 1' 30' 8 SHED AUGUST 18, 2010 ON "MAP OF SECTION 2 LAUGHING 0 �n 7 S ft. LOTWATER"EDATrD AS HNO MB R 1, 1950 p APR 4 201' 05 q o p o AREA = 3I+ m cn 80WRD OF APPEALS c �. I z C!1 cI �'� l FR�BLD o O p +— uTiurY t- UTN71' POLE _ _ OVERHEAD WIRES _ _ _ _ 20.3' _ STAKE SET Z D 28.3 4? WA 70 n 6.7' i Z ` °METER GRAVEL DRIVEWAY , y- m ro --- CONG \ o =� D ` 21.6' R Z r'+'1 93.9' LOT LINE 270.00 \ o N PROPosEu 1000—78-03-26 u m oy�o N. 84®21'00' E. # � a O Q a ZONING DISTRICT R40 coo �n 27.5' 4 to LA eRRelsTY. e 0 s q• .FR. HSE 26,34 A AME FINAL MAP 27.6' 49.3' R1fJEWED BY Z8 SEE QECISION urr PME 171.10 �� :� r a•. " WITH S84'21'OO WATER 100.40 GUY WIRE G o VALVR ASPHAL EDGE OF PAVEAIENr PATH , °IS`Y rL7C NOS, ,49618 ■=MONUMENT vl� HAS I ECONIC S EYp ANY ALTERAAON OR ADOIIION r0 7HIS SURVEY!S A VIOLA710NHIATA OF sAV ERA 72090E AD NEw PORK STAIR EDUCAAON LAW. /631 'X l l ExCEPr AS PER SEC7701V 7209—SUBDIVISION 2 ALL CER77RCAI7ONS 1 UTILITY P.0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF POLE 1230 TRAVELER STREET 10-192 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR AREA-57 7 SQ. F� WHOSE SIGNATURE APPEARS HEREON + . SOUTHOLD, N. Y. 11971 �Y MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S0UTy P.O.Box 1179 MARTIN H.SIDOR ��� Op Southold, NY 11971 Chair S [ OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS H.RICH III ell- 54375 State Route 25 DON DSJ.WILCENSKI OIiY (cor. Main Rd. &Youngs Ave.) Own Southold,NY \� Telephone: 631 765-1938 \� Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED FEB 15 2011 ROMD OF-APMW To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: February 9, 2011 Re: ZBA#6452, Request for Lot Recognition SCTM##1000-73-3-26 Zoning District: R-40 Location: Southold The Planning Board has received your request for comments regarding the above referenced application requesting lot recognition. The Planning Board requests that should the Zoning Board of Appeals grant the requested lot recognition a condition be made requiring the applicant to either apply to the Planning Board for a lot line modification to ensure that the existing house which would then straddle the newly recognized property line be addressed or that the existing house be removed. Should you have any questions or need additional information, please contact the Planning Department. Thank you. ' FORM NO: 3 APR 4 2011 TOWN OF BUILDING O DEPARTMENT LD ®��®®PAppEAts NOTICE OF DISAPPROVAL DATE: March 23, 2011 TO: Patricia Moore for Helen Verity 51020 Main Road Southold, NY 11971 Please take notice that your application dated March 3, 2011 Fora permit for a subdivision at: Location of property: 865 Nokomis Rd, Southold NY County, Tax Map No. 1000—Section 78 Block 3 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed two lot subdivision,on this 57,397 square foot lot in the Residential R-40 District,, is not permitted pursuant to Article 1V, Section 280-18,which states, No building or premises shall be used and no building or part thereof shall be-erected,or altered in the Low-Density Residential R-40 District unless the same conforms tQ the requirements of the Bulk Schedule and of the parking Schedule, with the same force and effect as if such regulations were set forth herein in full_ Bulk Schedule requires a minimum lot size of 40,000 square fcet. Following the proposed subdivision, each lot will be non-conforming,mea§j tt 31,057 square feet and 26,340 square feet respectively. And the required width is 150 linear It.Following the subdivision the respective widths will be 115 and 83.5 It. Also, the proposed subdivision is not permitted pursuant to Article 1II 280-124. On lots between 20,000 and 39,E sg.,ft,the required side yard is 15 ft.The proposed side yard set back of the existing,principle building is 7.9'_ The proposed subdivision requires approval from the Southold Town Planning Board. Authorized Signature 6 A # £b9b99L OE B6 ' 1l-bZ-fO G APR 4 2011 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 8®ARD()FAPpZAg.S House No. 865 Street Nokomis Road Hamlet Southold SCTM 1000 Section 78 Block 3 Lot(s126 Lot Size_57,397 sq.ft. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 23,2011 BASED ON MAP dated August 18,2010 Applicant(s)/Owner(s): David Verily Mailing Address: P.O.Box 151 ,Southold NY 11971 Telephone: 765-4980 Fax#: Email:pcmoorel(&optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc. and name of person who agent represents: Name of Representative: Patricia C.Moore Esg. for(X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: ucmoorel(&ontonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: y Applicant/Owner(s),or X Authorized Representative, or y Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 18,2010 (survey) and DENIED AN APPLICATION DATED March 3,2011 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Articel IV, Section 280-18: Property consists of two deeds: Northerly lot is 26,622 sq.ft. ,Map of Section 2 Laughing Water dated November 1, 1950. Southerly lot is 30,775 sq.ft.. The Verity family purchased two separate parcels and developed both parcels with single family dwellings in the 1940's. The deed for the southerly parcel was conveyed by Cedric and Claretta Wickham in 1941 but not recorded until 8/25/83. An area variance is required to subdivide parcel(1000-78-3- 26)with less than 40,000 sq.ft. Articel III 280-124: A modification to the original property lines of the two parcels is proposed in order to locate the dwelling with more conforming setbacks. See Peconic Surveyors survey with "proposed Lot line". The setback of the existing dwelling on the northerly lot is 7.9. Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. APR 4 2011 X A Variance to the Zoning Code or Zoning Map. 0OARD OF APpe.4, y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code,Article Section y Reversal or Other A prior appeal has , y has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) None :' 11 v Name of Owner:Verity ZBA File# REASONS FOR APPEAL(additional sheets may be-used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The properties are shown on Map of Section 2 Laughing Water subdivision developed by Cedric H. Wickham and Claretta S. Wickham in the 1940's. The subject property appear on the subdivision map as two separate parcels, owned by the Verity family. HISTORY: The two properties owned by the Verity family were described parcels with meets and bounds descriptions which match the parcels shown on the Map of Section 2 Laughing Water subdivision map. . The lots have historically been treated and maintained as, separate and independent residential lots by the Verity family since the their, original creation. The First property purchased was the southerly lot on 11/12/1941, the lot is on the corner of Nakomis Road & Hiawatha's Path. The 30,775 square foot parcel was purchased from Cedric H. Wickham and Claretta Si Wickham by John Verity and Helen Verity. The Verity family built their home and detached garage on this parcel prior to zoning(1941-1944). The Verity family paid for the property but unknown to anyone the deed for the separate southerly parcel was not recorded at the .Suffolk County Clerk. The deed was found (unrecorded) after Mr. Verity died and recorded on August 25, 1983. The northerly lot was purchased after the house parcel(4 years later)from Cedric H. Wickham and Claretta S. Wickham by John & Helen Verity on September 7, 1944 and recorded at the Suffolk County Clerk 1/22/46. The separate vacant parcel was purchased during the war and Mr.Verity built a small year round house in 1950. A barn was later built in the 1970's by Mr. Verity. This house, built prior to zoning, provided year round dwelling for a local family: The house remains occupied. The two houses existed on two separate parcels and the Verity family intended that the parcels be separate. The assessors combined the parcels with one tax lot number when the RECEIVEr) APR 4 2011 01DARD®F PPEALs Town first established tax cards in 1961. The Town records provide no explanation why t e two properties were combined,particularly when the recorded deed description was for only one of the separate parcels. The property card may have been an error because the deed for the larger house(southerly lot)was signed'in 1941 but not recorded until 1983. The Assessors property card does not match the schedule "A" descriptions on the deeds. The Assessors should have corrected their property card in 1983 when the unrecorded deed was recorded. The two properties have always been held with separate deeds and continue to be held as separate parcels. The area variances for the parcels will reestablish the two parcels. The two parcels are developed and have been occupied by two families since the homes were built. The two properties are the original parcels developed in 1941. The proposed change to the property line as shown on the Peconic Surveyo's survey,with the proposed`Jo, line:will enable the two pre-existing nonconforming homes to remain and become conforming: In the`neighborhood,there will be no perceptible change to the character of the community. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The two parcels were created prior to zoning, as described parcels on the map of Laughing Water. Both lots were developed prior to zoning with single family dwellings, however the failure to record the original deed till 1983 affected the recognition of the;pre-existing nonconforming southerly lot. The two parcels are developedand are larger,then most of the lots of the Laughing Water subdivision. The Laughing Water subdivision is well established,and the majority of the properties are developed. Because the houses'were constructed in the 1940's without surveys the house on the northerly parcel encroaches on the,deeded property line. The proposed lot line change from the original deed descriptions would correct the encroachment and retain two comparably sized developed parcels. We have provided a survey of the proposed lot line and proposed acreage of the two parcels. The line can be adjusted as the Zoning Board sees appropriate. If the variances are not granted the family will loose the benefit of two separate homes they have owned since the 1940's. 4. !r' (3) The amount of relief requested is not substantial because: The zoning ordinance requires parcels with 40,000 sq.ft., however, the Laughing Water subdivision, developed in the 1950's, contains properties which are on average 15,000-20,000 sq.ft.. The subdivision of this property will maintain an existing condition. The property cotitains`two'single family dwellings and have provided a home to two families since the 1940's. (5) Has the alleged difficulty been self-created? ( )Yes,or ( x)No The Verity family has owned two properties-:since the 1940's without knowing that the Town of Southold did not recognize the existence of the separate southerly parcel. The Assessor's records did not conform to the deeds on record. The northerly lot was created by deed in 1944 and remains the same. Only as to the Southerly parcel, the deed was not recorded until 8/25/83 the Notice of Disapproval raises the issue of"Lot Recognition". As evidenced from the deed itself, the deed RECEWE© APR 4 2011 G�� BOARD OF APPEALS was signed and notarized in 1941. 'AnJnjusfi`ce exists where merely failure to record the deed, signed in 1941, and developed with a single family dwelling, results in the "non-recognition" to the family of this parcel. The southerly parcel, in fact, exists.'Tfie,'surrounding lots (northerly and easterly lot) were sold off by C.H. Wickham in the 1940's. Wickham acquired all the land in 1935. On July 24, 1941 C.H.Wickham filed a map of the roads of Laughing Water. (See File Map #917) Thereafter he began to sell the individual lots which he had mapped. The Verity family was one of the first property owners in the subdivision and some of the first homes built in Laughing Waters.subdivision. ' As was common practice, Wickham retained the title (deed) until the property was paid off. In this case the property was paid off but the deed delivered to Mr. Verity was inadvertently not recorded until it was discovered, unrecorded, after Mr. Verity died. According to the records at the Suffolk County Clerk's Office, the separate southerly Verity parcel remained in the title of Cedric & Claretta Wickham until 1983. The parcel dimensions remained unchanged and the surrounding parcels were sold off as follows: To the north) The original owner,Cedric H:;Wickham and Claretta S.Wickham sold off the northerly parcel(nortii•erly',ptirt 1000-78-3-26)'to John and Helen Verity in 1944. The Verity family built a house on the parcel. To the east) The, easterly parcel (1000 8-3-51.1) was sold to the Town of Southold in 1949(North Fork Housing Alliance developed the parcel for the affordable housing program in 1989). As a described parcel,what remained of the 30,775 sq.ft., meets Article II, Section 280-9, the identical lot was created by deed(s) (surrounding parcels) recorded in the Suffolk County Clerk's office on or before June 30, 1983. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety, and welfare of the community. Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE-V4RIANCE SHEET•;.(Please.b.'e sure`ICo,''cotisuf your attorney.) ZL CSignature of Appellant or Authorized Agent RECEIVE® APR 4 2011 Swor t before me this/U BOARD®F�Ap�EALS day f 201 0 Notary c BETSY A.PERKINS LhAwy Public,State of New York r]' No.01 PE County 6 ^ 1 Qualified In Suffolk Commission Expires July iB, i RECEIVED APPLICANT'S PROJECT DESCRIPTION APR 4 2011 (For ZBA Reference) BOARD OFAM!Ats Applicant:_David Verily_ Date Prepared: January 5, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or.New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge) Is basement or lowest'floor area being constructed If yes, please provide height (above ground) measured from natural existing grade to first floor: IIl. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: n/a Number of Floors and General Characteristics BEFORE Alterations: _ Number of Floors and Changes WITH'Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Square footage of your lot: Tax Lot# 1000-78-3-26 Total lot area 57,397 sq.ft. Deed of northerly parcel: 26,622 sq.ft. Proposed Lot (Area): Existing House: @730 sq.ft. with 330.89 accessory building Deed of southerly parcel: 30,775 sq.ft. Proposed Lot (Area): Existing house: @ 838.75 sq.ft. and 241.9 sq.ft. Garage Percentage of coverage of your lot by building area: for northerly parcel less than 4% Percentage of coverage of your lot by biilding•area: for southerly parcel less than 4% RECENE® V. Purpose of New Construction Requested APR 4 2011 P30ARD OF APPEALS VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 APR 4 2011 BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the suhut premises listed on the real estate market for sale? Des X No B. a there any proposals to change or alter land contours? �No Des, please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? S 2)Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, hav ou rontacted the office of the Town Trustees for its determination of jurisdi ti n Please confirm status of your inquiry or application with the Trustees: �\,„��\\ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? \Nb E. Are there any patios, concrete barriers, bulkheads 9K fence at exist and are not shown on the survey map that you are submitting? Q (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy o ' obuilding permit and map as approved by the Building Department and describe: �� G. Do you or any co-owner also own other land close to this parcel? 0-Ou:uJz,lf yes, please label the proximity of your lands on your map with this application. r f H. Please list present use or operations conducted at this parcel t, 4eaA 2 ound l and proposed use al,-2 [ra e a _ V �exa'mples: ex' mg: single-family; proposed: same with garage or pool,or other descrip on.) Ci) kuthori7xA,791griature and Date 2/05; 1/07 RECERVED 14.16-4(9195)--Text 12 APR 4 2011 (a PROJECT I.D. NUMBER 617.20 BOARD OF APPEALS S EQ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ,PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME \ V iL2 3. PROJECT LOCATION: Municipality r..v.1 County S u r7(__0L4_ 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc.,or provide map) S. IS PROPOSED ACTION: ❑New ❑Expansion Modlf[cat Ion/al teratlon 6. DESCRIBE PROJECT BRIEFLY: / L) 7, AMOUNT OF LAND AFFECTED: Initially r `1A acres Ultimately + acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 93 No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? gResldential ❑Industrial ❑Commerclal ❑Agriculture ❑ParWForesUOpen space ❑Other Describe: 10, DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?,efi El Yes I�No If yes,list agency(s)and perrnitlapprovats 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes :No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor n me,- ^ C ��' -- Date: Signature: If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEIVE® PART 11—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR• PART.617.0 If yes, coordinate the review process and use the FULL EAF :.Yes No BOARD E. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No.a negative ceclaration may be superseded by another involved agency. Yes r No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(A.—wers may be handwritten• if legfolel Ct, Existing air quality. surface or grounawater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal potential for erosion•drainage or Ilooding problems? Explain briefly: C2. Aesthetic, agricultural. archaeological, historic,or other natural or cultural resources: or community or neighborhood character? Explain brlelly: C3, vegetation or fauna. Iish, snellflsh or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: Ca A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth, subsequent development. or related activities likely to be induced by the proposed action? Explain briefly, C6. Long term,short term,cumulative, or other effects not identified in C1•C57 Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED To POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes ❑No It Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above,'determine whether it.is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If- question D of Part II was checked yes, the determination and significance must evaluate the potential•impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ 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 AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agencv Print or Type Name or Responsible Officer in Lead Agency title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different Trom responsible officer) Date 2 RkEIVED APR 4 2011 AMICULTURAL DATA,STATEMENT BOARD OF.APPEALS ZONING$OAJtp OF APPEALS A,LS TOWN OF SOUTHOLD 1p HI N Td►' VF, 2'jLFl '-FORM': The firm must be completed by,t1re appUcant for any spedd..--tae pehggt,site plhrt approV4 IM variance,or suhdiv4don approval on property within izu agricultural. district OR within SM feet tif a.flame operatidn locaded its-agricultural district:Au appUca#o&,rewiring an agricuuaral•dirta stateYtretit neuxt be rdfe),r4d to tl:e 3'uffolk•Corzhl epartmetu efPlanttiug in accot'dastce twit!:sedtiaas 230_. •lie diid'.�3�-n of the'l etietaZ.�Iicttici,�/dl•,L'af1�. . , • 1)Natne bfApplicant: ' '�� i, Z:�> t L'Pl.Cr 2)Addtbbt of Appicsnt; 3)Nataol•of Land•0w&r(if other than applicant); =Z,= V � 4)Address of 5)DescriptioA-'bfSopbsedProject:^16_ cc Sc T o�P � x ad 3aztd. p number.)•C�uS NR 1c�t,-t is ice; �J �-\jc� Ts-tile pfttuibi within aft 49ticultiir'al district?.~ No 13-YS slfyes,Agridultural District Numbers :. . 8)Is this parrdel'a'ctiveiq.lariaed? Nc! ©•Xes. 9) Naztae And address "of sny owner(s) 'of latid within the, agricultural •district containing active fatm operation•(s)'loeated 500'feet cif the boundary. -of proposed project. (Infortnadon may be available through the Town A'sscssois Office,•Town IAall looatiotr (765-1937) or•from any public computer at the Town Hik longtious by vicwing the parcel nunibers on the-Town of Southold Real Property Tax System ' • '•' `�zne'a�itl.A.ddxcss , . . 1 . . 2 . 4:.' (Please use Back side of page;ii*Wore that six pt6pe4 owners axa i ftfif ed.) . The ldt numbers inay be dbtairied, in:ad be,Wheti requested-from the Oihce of the`l;'lstuiuig Board-at 765-' 1938 of the Zonm and of es1s 765-1805. gigna 'xe of AP t t pate l_T)Id local bbttd•will tolicit cohil-Yents frotn the ownbrs of land identified above in order to consider the Affect of the proposed antion, bt}tlteir fpM opt+tatiao Solicitation will be made.by supplying,a copy of this statement 2:Cdnu tents retumeed tv the local board will-be t'akca into consideratiofi as part ofthe overall review of this applieadba. 3.The blcrk to the local board is respotisiblb foe sending copl.es of the.completed,Agticultuaral.Data St'atetncht to the property owners identified above.The cast£or trailing shall be paid by the applicant at the timo dic.application is-submitted for review.Failure to pay at such tilde means the application is.not domptete and eattttot be acted upon by the board. 1-14-09 APR 4 2011 APPLICANT BOARD®F APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: V��L� `�� L SC�C_ t �G,((� 0 r �4(,:LC�j (Last name,fiv4 name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance I Variance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 Complete the balance of this form and date and sign belowwhere indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant)and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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 dayC- - �=,2 Signature: Print Name: "' 1 C c A--C <`2 0--X � �-- �-(,J Town of Southold APR 4 2011 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 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'A.CTION SCTM#:�- - The Application has been submitted to(check appropriate response): 2 Town Board Planning Dept. 0 Building Dept. 0 Board of Trustees 0 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) 0 (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification:,; Nature and extent of action: U .1 RECEIVE® APR 4 2011 Location of action: JJL J 6 OF APPEAt_S Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has'been filed with the Town of Southold agency, the following information shall be provided: 1 (a) Name of applicant: N (b) Mailing address: I , c—) (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❑ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the 7�'own 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 ❑ (Not Applicable- please explain) cam. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No IS (Not Applicable—please explain) ADD 9f119 Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes E No (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria rV D Yes E No (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 0 No ,(Not Applicable—please explain) (3ECERVE® b, I APR 4 2011 `� 06ARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town:of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No � (Not Applicable— please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. nn ❑ YeLl No LfS (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses i suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 7-0 RECME® ❑ Yes ❑ No (Not Applicable—please explain) APR 4 2011 APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living. marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No W Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain PATRICIA C. MOORE Attorney at Law 51020 Main Road '' Southold,New York 11971 RECE ® 6�7t Tel: (631) 765-4330 OR 4 Z011 Fax: (631) 765-4643 BOARD OF APPEALS March 25, 2011 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: DAVID VERITY Premises: 860 Nakomis Road, Southold Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated March 23, 2011 2. Application together with authorization 3. Applicant' s project description and Questionnaire 4. Photographs ti. 4. Transactional Disclosure form 5. Survey dated 8/18/2010 showing 2 deeded parcels 6. Agricultural Data form 7. Town property card 8. LWRP form 9. Environmental Assessment form Thank you and please do not hesitate to call should you have any questions. y truly yours, 4�k Patricia C. o encls. APR 4 2011 S®ARb OF APPEALS David J. Verity Barbara Verity PO Box 151 Southold NY 11971 December 10, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, David J. & Barbara Verity, authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Suffolk County Department of Health Services and any other necessary agencies on our,behalf regarding properties located at 860 Nokomis Road , Southold (sctm: 1000-78-3-26) avi J. ri Barbara Verity TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL �(JU Board of Health . SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C, Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration 120 Building Inspector E y E D LICATION FOR BUILDING PERMIT AUG 2 4 2010 Date e' , 20 l d INSTRUCTIONS . This appli 6L§be com tely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of an n o scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues,a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. �- (Signature of applicant or name, if a corporation) � / ^loZc� /I'fClij" /eOC7 -c t4:14 l (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on th ax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which oposed work will e done: Al or.om r s o cl -f ccc WGc- cr �� House Number Street Hamlet County Tax Map No. 1000 Section fV Block J Lot 1>i Subdivision Filed Map No. (Name) 2. State existing use and occupancy premises remises and intended use and occu anc proposed ro osed construction: i a. Existing use and occupancy �7� �o�e 2c�c w/ oi A&uj-e-o b. Intended use and occupancy o2 G6/-/-S 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number bf!Ories 8. Dimensions of entire new construction: Front Rear. t Depth, i Height Number of Stories r..__.... 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C.PERMITS MAY BE REQUIRED. b. is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF C��—`'` being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor,Agent,c6horate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworlp,tq before me this day of 20 A tar, Publ c Signature of Applicant KM 4 PENIONS' NbM!PuhOa.Smte of New YqR.r<ei No.O1PE6130638 Qualified In Suffolk Cou Vk2 common Erp(ies.luly 1 /„r.;�'� .�.. ,r. •"fir f:W.r � 3 t '•�/%� j��. • � � � � r�1 a s •• . 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'f �; �E �►. � ,"t 'jr 1.;'t�11��* ` Am.t '���• •. t•f�?,/j� ' ' , r,?� f:`y r` :,k � ,• .p.s. ��; } •�. �.• -' �y� � soy .rr 1 � 1 .a �,y:..e y,' ./ •.1 i 1 .• •�6 1R n "r !1. a i:�J1`_ ' ��U •i•�� / r � ��'�;i ��. t f #�!• p�/'Pyt j��,j� /�•. f � `:' 7 j ��.� 1 ..���"• �j � t AMIA ,#i'i "`A it r.,' •� ` �. , d � ��� { r. t s ••�i� ��p�p.. 1,1,'�• 1` r ���•�i •*I l�x�r�i�, r /� ��1O��/ ,i \ �� '�•'•9 ��/� � �"�,� .�'��:.V,i' WA Sol ,t ,mod. , r _ •,, ��.. ,.., f. , '?L�. G'��'� � r r� t YZ,•,u ,,..a � r ..�, ,.S_, r ... ,}, Y a=^ ml tar �� ' � s ti �, v 1l _ _;,• ^`�'.rs-'t' + f .. z a TOWN OF SOUTHOLD PROPERTY RECORD CARD' /�- OWNER STREET VILLAGE DISTRICT SUB. LOT FO ER .6 � R N * E V ACREAGE S W TYPE OF BUILDING ES.4 SEAS. VL,, FARM COMM. I IND. CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS -' . 3360 6 Pl. r .7 `-Wore, f -Q-o T . YBiPE ' �.3 �-o r D-a toloo 5 ` k -1 le, He I _f� V 20 D � 81e S P>p# 1 J 72 S - / a7 idV, ILDING Ca�GE-c�� -� z- 7 I V G'J Z l /O ot'G� NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per-,Acre Value FRONTAGE ON ROAD 0 0 o o 'illable 1 BULKHEAD 'illable •2 DOCK 'illable, 3 Voodland wompland� 0 �® c� •rushland you-se Plot ` 'otal K. ♦. .2, .\... din • S 4' L ■■M■OOne■■■■■■■n■ sr & a ■■M■MMn■■■■■■■■■mom a IF v- F 8 ■■■■■■n■■■■■■■■■■■■ ■e■■■eel■■■■■■■■■■■■ LF ■■■■■Mee■■MEMO Me MEMNON =- ■es_■�■■■En■n■e■■O a ■�e� .e■■■E■Iel no ■■ ME - - - - - - - -- - -, . ■i■■ eE■E■■■E■MME eOM■�e■nME■EM - w- Vroundation Fire Place A Porch Porch J ' 0 is® ® • • • . r ATRJ IAaaC r O ORE h1lo noad Soutod, New Yo 11971 NOV 5 2010 Fax:W13 765 4643 Nove ber TOWN OF SOUTHOLD Mike Verity Main Road Southold, NY 11971 By Hand Re: Estate of Helen Verity SCTM#1000-78-3-26 Dear Mike: Enclosed I have prepared a diagram of the Verity parcels and the adjacent parcels . . The Verity parcel (larger southerly house) was constructed on a parcel created by deed as far back as 1935 . The lot which was deeded to Verity in 1941 and recorded in 1983 , the title goes back to Cedric & Claretta Wickham who acquired this parcel in 1935 . The Verity parcel remained in the title of Cedric & Claretta Wickham at the Suffolk County Clerk' s Office until 1983 . The surrounding parcels were sold off as follows : Pink A) The original owner, Cedric H. Wickham and Claretta S . Wickham sold off the northerly parcel (1000-78-3-26) to John and Helen Verity in 1944 . The Verity family built a house on the parcel . Blue -91 . 1) The easterly parcel (1000-78-3-51. 1) was sold to the Town of Southold in 1949 (North Fork Housing Alliance developed the parcel for the affordable housing program in 1989) . The Verity remaining parcel is a oorne r lot with Two Roads : Nokomis Road & Hiawatha' s Path. Therefore the identical lot was created by deed (s) recorded in the Suffolk County Clerk' s office on or before June 30, 1983 . The Estate of Helen Verity owns two parcels, with two separate deeds, and two separate year round homes, the larger house sits on the southerly parcel, but both houses were constructed prior to zoning. Both houses continue to be used and occupied as single family dwellings . I am awaiting the notice of disapproval in order to request a waiver of merger because the house on the northerly lot is less than 850 sq. ft. Thank you for your continued courtesies . VeFicia yours, C. Moore L A� bVtl➢L LOl JV.Z. TUTBLANX q[GiSTEacO O.S.PATOEiiCE (TAWS Of 191T,Chap.5b1.Bt.tutOU nM A) TuINeLaWPlin/.Pvbb'Ib—,,R&1a,,d,N. 3281 M- ,Made the 12th day of November Nineteen Hundred and forty-one %®P' 'm iU CEDRIC H. WICrdALI and CLARETTA S. WICMATI, his wife, residing at Mattituck, Southold Town, Suffolk County, New York h b MR) parties of the first part,and 0 •q JOHN VERITY and HELEN VERITY, his wife, residing at 522 3rd Street, Brooklyn, New Yark ;Tc�I parties of the second part, dh,that the parties of the first part, in consideration of One Dollar 1 1.00 ) lawful money of the United States, O. o O,' paid by the pard.es of the second part, do hereby 'rant and release unto the part ies of the second part, their heirs and assigns forever, all that parcel of land at "'taugh- Ca - ing Water" near Southold, Southold Town, Suffolk County, Newyork, Y �Q O bounded and described as follows: Beginning at a point in .the easterly line of Nakomis Road, this i point 858.13 feet from a point formed by the intersection of the *southerly line of Bay Water Avenue and the easterly line of Nakomis Road; thence North 840 21f East 270 feet -by and along property of Sout� Cedric H. Wickham to a point; thenceA5 45)East 117.12'feet to a point in the northerly line of Hiawatha's Path ; thence South 640 211 (,Vest 1.10,feat along I31awathaIa Path to a monument; thence North 850 50, West 100.40 feet to a monument at the intersection point of the east- erly line of Nakomis Road and the northerly line,of Hiawatha's Path; thence North 50 451 West 100 feet by and along the easterly line of, Nakomis Road to the point or place of beginning. Together with all the right, title and interest of the first c5 parties of, in and to land lying within the bounds of Makomis Road Mand Hiawatha's Path adjacent to said premises to the center line thereof. w �6'vv Y# I6Fkipt��P6GEJ6$ I Said Baywater Avenue, Nakomis Road and Hiawatha's Path above referred to are located as shown and laid out upon a certain map entitled "Idap of Laughing Water, Southold, Long Island, New York, ! l 1 property of Cedric H. Wickham, Mattituck, Long Island, New York made from actual surveys completed June 30, 1938 and plotted by Daniel R. Young; P. E. and L. S.", and filed in Suffolk.County Clerks office I July 24,_1941 as map �917. { { Subject to the following restrictions: i { Minimum cost of cottage on this plot shall be $1000.00 The parties of the first part give to the partied of the second part the refusal to purchase the adjoining lot to the North before they consider the sale of same to another purchaser. I! i j i j I i I j i ' I I { i I j with, the appurtenances and all the estate and rights of the •_- ,. parties of the first part in and to:said premises, a[IO 44Vt Mtb U 401b the premises herein ffranted unto the part.ies '�Snl IXh' pf the second part, their heirs and assigns forever. i Ana said Parties of the first part covenant as follows: � . That said parties of the .fir.st..p.art seized-�o��f""��said premises in fee simple, and have Food rig7it:'to`covey thz same;. Atrmu�.That the parties of the second part shall quietly enjoy the said premises; , Ah*. That the said premises are free from incurnbrances; OM . That the part ies of the first part will execute—or.. .procure any furthpSerr 99necessary assurance of the title to said premises; l�. That said parties of the first part will forever LOURIrgnt the title to said premises. the part ies of the first part have hereunto set their hands and seal s the day and year fagot above written. 3riPlr.50 re of J FORM 550 N:Y. DEED—QUIT OIdIM TUTSLANx RcGISTCRcD y.s.rnro..ice ir.—of iov,OLap.681,Statutory Form D. Tuttle Law Pmf..�}Publishem Rutland. /anA O OEE 2522 PAGE 380 li Arnf MIA, ,Made the 7th day of September Nineteen Hundred and forty-four Ny�of d F018 CEDRIC H. VICnHAM AND CLARETTA S. 'iuICILHAM, his wife, residing at Mattituck, Southold Town, Suffolk County, New York, part is s of the first part,and JOHN VERITY AND HELEN VERITY,his wife, residing at 522 3rd Street, Brooklyn, New York, � a parties of the second part, ��Wthit pxh1 that the parties of the first part, in consideration of One and 00/100 Dollar s ( 1.00 ) lawful money of the United States, paid by the parties of the second part, do hereby remise, release, and quitclaim unto the parties of the second part, their heirs and assigns forever, all that parcel of land at "Laugh- ing Water" near Southold, Southold Town, Suffolk County, New York, bounded and described as follows: Beginning at a point in the easterly line of Nakomis Road, this point at the Northwest corner of property of John Verity, thence North 5o 451 '.last 98.6# feet by and along the easterly line of Nakomis Road to•a point, thence North 840 211 East 270 feet by and along the property of John Sehimlich to a point, thence South 50 451 East 98.6t feet along property of Cedric H. rickham to a point at the Northeast corner of property of John Verity, thence South 640 211 Yiest 270 feet along property of John Verity to the point or place of beginning. { W2522 kGE�84 yf unth thz appurtenances aria a2L, thz: estate and rights of the t. part ies of the first part in and.to:1saul:premi$es, II+C tP r Q 4" prem€ses herein`granEed"unto tie,part e's of the second part, their heirs and assigns forever. 51 1 rJBL �lt$ .CPPO�� the part ies of the first part have hereunto set their hands and seals the day and year first above written. �1n�frese�tc�of _ t �y� State of'Xi Ork. r. ' .:.. . 002522 PACE385 > (6111111#g of-SUFFOLK of r On this ddy of 'September Nineteen Hundred and Forty-four before me, the subscriber, personally appeared OEDRIC H. WICKrAM and CLAZF,TTA S. WICKHAM to me personally known and known to me to be, the same persons described in and who executed the within Instrument, andt hey duly acknowledged tome that t.hzy executed the oll g ODED .9AN�'�21946 1W� 1: cc ..) -. 0_ C9 -�i "9firr-ptr ,zrpMi Y',v': r r.M-- :€�`e 7 r^- t•,+' 1sc+::,w.-:..: ET Pl- Zi Mz A q 0..' 3r'1' z'3 + r � .. -• ` :n h is . T 691 StnndoN N.Y.H.T.U.Hnrm 8002:Rand.&W.deed, IAiiW5F J-9 BLUMPER9.I....LAW BLANK PU L19HER9 • vah wrmnnt agdnst grantara ade—IM.or Com•:afngle¢heel ------- �^ KJ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY V 3 THIS INDENTURE,made the 29 day of December nineteen hundred audSlighty-Three BETWEEN Helen Verity, individually and as executrix of the last will and testament of John Verity, party of First part -II\Inc,WGt"tuZ ,SpI.I-TI.1UI11. �Uy !!�I/ party of the first part,and U To IU.'kC party of the second part, Helen Verity, party of second part J&MAO 11 WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs Oor successors and assigns of the party of the second part forever, O ALL that certain plot, piece or areal of land,with the buildings and improvements thereon erected, situate, S � lying and being in the tha parcel of land at "Laughing dater" near j Q Southold, Southold Totm, Suffolk County, New York, bounded and described as follows: beginning Rt a point in the easterly line of Nakomis Road L4 this point at the northwest corner of property of John Verity, thence Worth 50 45, West 98.61 feet by and along the easterly x line of Nalcomis Road to a point, thence North 840 2II East 270 U feet by and 41omg the property of John Schimlich to a point, p thence South 50 45' Fast 98.61 feet along property of Cedric H. Wickham to a point at the Northeast corner of property of John Verity, thence South 840 2I1 ;test 270 feet along property p � of John-!.Verity to the point or place of beginning, rI� V (� O c REGEIVEQr� o O RFA .'ESTA F t DEC :,o L83 1 cstl'i4 fi TOGETHER with all right, title and interest, if any, of the party of the first part in and to any,streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of �r the second part forever. AND the party of the.first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first start,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 coat 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. yyy IN PRESENCE OF: H I Dynes 'Iv" LlUt v T 691 BlmE.d N.r.B.T.a.Form ae02: N&nle dad, IIATB NUa .tuuus eLUMacae,INC..LAW Buay9LISNEaS kltheoraxnt.t.l,ot�rontoYa.da—IM.or Cam:a�nrle th<et ------- -Y7 ,�! CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY � � J (Z THIS INDENTURE,made the 29 day of December I nineteen hundred and Eighty-three eBETWEEN Helen Verity, individually and as executrix of the ID last will and testament of John Verity, party of . the first part. l,a h �y�Ua��,SaudIts��. N� Iigll party of the first part,and M P To . ",tR�, L 1 v party of the second part, Helen Verity, party of second part sOu JI.Ny WITNFSSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, O ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate, ,,r4 lying and being in thethat parcel of 'land at "Laughing Water" near Southold, Southold Torn, Suffolk County, New York, bounded and described as follows: .Beginning at a point in the easterly line of.Nak4mits Road, this Point 858.13 feet from a point formed by the `interse'ction 'of the southerly line of Ba$ 14ater Avenue and the easterly line of Nakomis O Road; thence North 8).. 211 East 270 feet by aid along property of o Cedric H. Wickham to a point; thence South 5 45, East I17.12 feet to c'i m S.-point in thd northerly line of Hiawatha's -PELth; thence South 84 q;z�) 210West 171.10 feet along Hiawatha's Path to a monument; thence North 850501 West I00.)r0 feet to a monument at the intersection point of the easterly line of Nakomis Ro$d and the northerly line of iawatha'.s Path; thence North 5 45t West I06 feet by and along the easterly line of Nakomis Road to the point orplace of beginning. '- Together with all the right, title and interest of the first 16 C71 parties of, in and to land lying within the bounds of ITakomis' Road and Hiawatha's Path adjacent to said premises to the center line Q thereof. Said Baywater Avenue, Nakomis Road and Hiawatha's Path above F Q referred to are located as shown and laid out upon a certain map en- titled "Map of Laughing Water, Southold, Long Island, New York, 4 property of Cedric H. Wickham, Mattituck, Long Island, New York omade from actual surveys completed June 30, 1938 and plotted by I\ Daniel R. Young, P.E.and L.S.", and filed in Suffolk County Clerk's offa l - - ce July 21+,�-9II:I—as-•map--#917 --- x•k:. Subject to the following restrictions: t Minimum cost of cottage on this plot shall be 1000.00 I The parties of the first part give to the parties of the second b° n. part the refusal to purchase the adjoining lot to the north before they consider the sale of same to another purchaser. 'J TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to'said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first pert,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 \ C � [rust fund to be applied firat for the purpose of paying the cost of the improvement and will apply the same first to payment of the cos[of the improvement before using any pert 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 indentlu,eo requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and td rst above �' written. `vr yy�y IN PRESENCE OF: �Le.- ES?AIM i DEC r3< c � � t�BEF��.��PLGEc�a$c`>7. State ofe � Cirountg of �( of I On ais /Z�16 day of November Nineteen Hundred and forty-ono before me, the subscriber, personally appeared Cedric I. Wickham and Claretta S. Wickham to me personally known and knowh to me..to be the same persons described in and who executed the within Instrument, tznd they duly acknowledffed to me duct they executed the same Eata ri Public, S r= FkLU +Y�-•. �sr "'"^"" .£ _. <'� :-.u�:' may"—r-"+•.Y d' __ t RECEIVED RL-AL' ESTATE CV l . x TRA�<SF'ER TAX SUFFOLK COUNTY civ '�;.;.�n.J„r, ® SI y N Id W q I � U y� } Pq W� Q H— ® y� LL H �yJ 1"I h 4LIZ F O (� ` a ]� cn ' U I I i Title No. PAC-4023 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: ,THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT,. INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 8/112010 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 11111944. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 815110 SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC. 5th DAY OF AUGUST, 2010 LLa—&j BY.- NOTARY PUBLIC JEANNE N�TT) OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. OIVA4989798-Suffulk Commission Expires County es December 16,20 Title No. PAC-4023 SUBJECT PREMISES: 1000-078.00-03.00-026.000 Frank E. Griffin and M. Clarrissa Griffin, his wife, Dated: 7/16135 Bryon Rushmore and Marie F. Rushmore, his wife Recorded: 8/21/35 To Liber 1825 page 519 Cedric H. Wickham (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his Dated: 917144 wife Recorded: 1/22/46 to Liber 2522 page 383 _ John Verity and Helen Verity, his wife NorthTarf of Premises Cedric H. Wickham and Claretta S. Wickham, his Dated: 11/12,M1-7 wife CRec6rde68/25/83-7 to Liber 9412 page 346 John Verity and Helen Verity, his wife (Southppart of Premises) '- John Verity died 4115/83. Helen Verity, Individually and as Executrix of Dated: 12/29183 John Verity Recorded: 12/30/83 To Liber 9484 page 587 Helen Verity (North part of Premises) Helen Verity, Individually and as Executrix of Dated: 12/29/83 John Verity Recorded: 12130/83 To Liber 9484 page 589 Helen Verity (South part of Premises) (LAST OWNER OF RECORD) Sworn to before me this PECONIC ABSTRACT, INC. 5th day of August, 2010 �J'C'L( 0,k 1. 0 by: Notary Public Jeanne An tett, ffice Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16,20 Title No. PAC-4023 NORTH OF SUBJECT PREMISES: 1000-078.00-03.00-025.000 Frank E. Griffin and M. Clarrissa Griffin, his wife, Dated: 7116/35 Bryon Rushmore and Marie F. Rushmore, his wife Recorded: 8/21/35 To Liber 1825 page 519 Cedric H. Wickham (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his Dated: 8/30/41 wife Recorded: 9/16/41 to Liber 2188 page 101 Joseph Schimlick and Emelia Schimlick, his wife (Subject Premises) Joseph Schimlick died 1/11/59. Emelia Schimlick, as surviving tenant Dated: 1/28/75 To Recorded: 215/75 Theodore Shimlick and Bridget Shimlick, his wife Liber 7793 page 107 . Theodore Shimlick and Bridget Shimlick, his wife Dated: 4/21188 To Recorded: 515188 William P. Harding Liber 10596 page 99 William P. Harding Dated: 5127/88 To Recorded: 6/10/88 William P. Harding and Kevin J. Harding, as tenants Liber 10621 page 481 in common William P. Harding died 4124/06 appointing Kevin J. Harding his Executor. (LAST OWNER OF RECORD) Sworn to before me this PECONIC ABSTRACT, INC. 5th day of August, 2010 WAA J� by: Notary Public Jeanne An ett, fice Manager MICHELLE VAIL Notary Public, State of New York No. 01 VA4989798-Suffulk County Commission Expires December 16,20— Title No. PAC-4023 SOUTH OF SUBJECT PREMISES: HIAWATHA'S PATH WEST OF SUBJECT PREMISES: NOKOMIS ROAD Sworn to before me this PECONIC ABSTRACT, INC. 5th day of August, 2010 4 C by: Notary Public Jeanne Ans , Offi a Manager MICHELLE VAIL Notary Public, State of New York No. 01 VA4989798-Suffolk County f 3 Commission Expires December 16, 20 _ Title No. PAC-4023 EAST OF SUBJECT PREMISES: 1000.078.00.03.00-051.001 Frank E. Griffin and M. Clarrissa Griffin, his wife, Dated: 7/16/35 Bryon Rushmore and Marie F. Rushmore, his wife Recorded: 8/21/35 To Liber 1825 page 519 Cedric H. Wickham (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his Dated: 1 Oil 1/49 wife Recorded: 11125149 to Liber 3020 page 301 Town of Southold (Subject Premises) Town of Southold Dated: 8115/89 To Recorded: 12/6/89 North Fork Housing Alliance, Inc. Liber 10977 page 448 North Fork Housing Alliance, Inc. Dated: 9/21/90 To Recorded: 10/1/90 Susan Mackenzie Liber 11144 page 35 North Fork Housing Alliance, Inc. Dated: 10/17/90 To Recorded: 11/26/90 Susan Mackenzie Liber 11178 page 580 (Correction Deed) Susan Mackenzie Dated: 913/04 To Recorded: 10/7/04 Susan Mackenzie and Glenn H. Jochum Liber 12347 page 894 Susan Mackenzie and Glenn H. Jochum Dated: 3/21/06 To Recorded: 9/24107 Susan Mackenzie Liber 12523 page 443 (LAST OWNER OF RECORD) Sworn to before me this PECONIC ABSTRACT, INC. 5th day of August, 2010 �C� ��;i GCS by: -QDIN� Notary Public Jeanne Anst i e Manager MICHELLE VAIL (Votary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16,20 - Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/05/11 Receipt#: 100059 Transaction(s): Reference Subtotal 1 1 Application Fees 6470 $600.00 Check#: 1690 Total Paid: $600.00 Name: Verity, David J. P O Box 151 Southold, NY 11971 Clerk ID: CAROLH Internal ID:6470 O��pF SO(/r�ol ELIZABETH A.NEVILLE,RMC, CMC O Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS N ,r Southold, New York 11971 MARRIAGE OFFICER • a� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER yCOU01� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 8, 2011 RE: Zoning Appeal No. 6470 Transmitted herewith is Zoning Appeals No. 6470 of Patricia C. Moore for David Verity-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated March 25, 2011, Authorization Letter from David& Barbara Verity to Patricia C. Moore to Represent them in this Matter, 3 Pages of Photos of Property as it Exists,Notice of Disapproval from Building Department Dated March 23, 2011, Copy of Property Record Card(Both Sides), Copy of Survey Showing Property as it Exists with Proposed Lot Line Dated August 18, 2010 Prepared by Peconic Surveyors. 0410112011 12:32 MOORE LAW OFFICES (TAX)631769643 P.0011001 PATRICIA C.MOORE Attomey at Law 51020 in Road Southold,Now York 1 w 1971 �CFJIiF eo Fax: (631)7654643 April 1 2011 OFgpp� p , 4<S G Attn: Leslie Weisman Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 by fax �� ��"^(� b Re: DAVID VERITY �JI Premises: 860 Nakomis Road, Southold .Area Variances Dear Chairman Weisman and Board members: In accordance with our discussions at the March 3, 2011 hearing and further discussion with the Building Department, it was determined that a different approach must be taken in order to achieve my client's ultimate goal of maintaining his two properties. I had prepared the application for area variances and it was my intent to file an application for area variances at the time I filed appeal 6452 for lot recognition, however, the building department, in good faith, advised and directed me to apply for lot recognition only. Following the building department' s directive, my client now faces $2,500 new application fees. I would respectfully request that the application fees for the area variances be grandfathered to avoid extreme financial hardship. The facts remain the same as heard in appeal #6452, the lot reco nition application is being withdrawn, and the application fee for 6452 will be credited toward this application. if acceptable with the Board, enclosed is an additional $600 fee pursuant to the old fee structure. Thank you for your courtesies. Ver rul yours, atricia C. Moore encls. BOARD MEMBERS �F S0(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� ry�l0 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing '�r • �O 54375 Main Road(at Youngs Avenue) Ken Schneider Comm Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 2011 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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 5, 2011: 10:50 AM - DAVID J. VERITY#6470— Request for Variance under Article IV Section 280-18 and the Building Inspector's March 23, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY. SCTM#1000-78-3-26. 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: Vicki.Toth(a-Town.Southold.ny.us . Dated: April 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 v 10207 STATE OF NEW YORK) ) SS: COUNTY 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 Mattitudk, 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 week(s), successively, commencing on the 21St day of April, 2011. Principal Clerk i LEGAL NOTICE SOUTHOLD TOWN ZONING / BOARD OF APPEALS his day of 2011. THURSDAY MAY 5,2011 J j PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and application for construction of an acces- r Town Code Chapter 280(Zoning),Town sory two car garage at;at less than the of Southold,the following public hear- code. required side yard setback of 15 r'` r = ings will be held by the SOUTHOLD I feet, at: 1260 Broadwaters Road (adj. � ~� � TOWN ZONING BOARD OF AP- to Broadwaters Cove) Cutchogue, NY. PEALS at the Town Hall,53095 Main SCTM#1000-104>9-4:2 ' CHRISTUNA VOLINikl Road, P.O. Box 1179, Southold, New 1130 AM BARRY and'CAROL NOTARY PUBLIC-STATE OF.NEW PORK York 11971-0959,on THURSDAY MAY SWEENEY #6462 - Request for Vari- 5,2011: ance from Article XXIII Code Section No:.01406106050 1000 AM-BROSTAR,LLC#6463 280-124 and the Building Inspector's bluallflecl In 5vtfolk COUllty -This is a request under Section 280- February 22,2011 Notice of Disapproval 1,Commis616f1I!Pi:§9 FItOarY 28, 2012 146D for an Interpretation of the Town based.on an application for a.building Code, Article XXIII, Section 280-121, permit to construct additions and altera- "Non-Conforming uses",appealing the tions,including raising the dwelling for Keguiar tiearing Continued: 2:00 PM-FRANK and ROSFMAR, Building Inspector's February 1, 2011 FEMA compliance, to,a single family 1:30 PM-MARY BETH HEN ON MONTELEONF #6464 - Request fo Notice of Disapproval for a permit for dwelling at 1)rear yard setback of less #6461-Request for Variances from Art. Variance from Code Article XXII Sec operation of a convenience store/service than the code;required 35,feet,2)lot XXII Section 280-116A(1),Art.XXIII tion 280-116B and the Building Inspec' center/gas station in pre-existing gas sta- coverage of more than the code required Section 280-124 and Art.III Section 280- tor's July 13, 2010, Updated Februar, tion/service station,at:330 Main Street 20%,at;2395 Jackson Street and Second 15F and the Building Inspector's Dec.9, 25, 2011 Notice of Disapproval base(' and Champlin Place Greenport, NY. Street.New Suffolk, NY. SCTM#1000- 2010,Updated February 25,2011 Notice on an application for building permit fo: SCTM#1000-34-3-22. 117-9-25. of Disapproval based on .an applica- as built additions and alterations at: 1 10:30 AM-DOUGLAS and ELLEN 11.45 AM.- CHRISTINE CONTE- tion for building permit.to construct al- two decks at less than the code requires CIAMPA#6467-Request for Variance 'BOUTIS#6465-Request for Variance terations/additions,accessory in-ground setback of 75 feet from a bulkhead,to from Art.XXII,Code Section 280-116 i fr6m Code Section 280-124 and the swimming pool and decks at;1)less than cated at: 850 Blue Marlin Drive (adj and the Building Inspector's March 1, Building Inspector's February 4, 2011 I 100 foot setback from top of bluff for to Shelter Island Sound)Southold,NY 2011 Notice of Disapproval based on Notice of Disapproval based on an appli- alt/add,2)less than the minimum code SCTM#1000-57-1-30. an application for building permit to cation for building permit existing deck required side yard setback of 15 feet,3) The Board of Appeals will hear all demolish existing dwelling and construc- addition at;less than the code.required less than the code required combined persons or their representatives, desir- tion of a single'family dwelling at;1)less minimum side yard setback of 10 feet,at: side yards of 35 feet,4)Accessory struc- ing to be heard at each hearing,and/or than the code required setback of 75 1020 Ruch Lane(adj.to Arshamomaque tures proposed location.other than the desiring to submit written statements feet from a bulkhead,at:4380 Paradise Pond).Southold,.NY.SCTM#1000-52-2- code required front yard on water front before the conclusion of each hearing. Point Rd.,(adj.to Shelter Island Sound) 33.1 property at:3300 Sound Drive(Adj.to Each hearing will not start earlier than Southold,NY.SCI'M#1000-81-3-6. 12,00 PM-PAUL and LINDA WOL- Long Island Sound) Greenport, NY designated above.Files are available for 10:50 AM-DAVID J.VERITY#6470 FROM #6468 - Request for Variance SC IvI#1000-33-1-6 review during regular business hours —Request for Variance under Article IV from Art.XXIII,Code Section 280-124 and prior to the day of the hearing. If Section 280-18 and the Building Inspec- and the Building Inspector's March 1, you have questions please contact our tor's March 23,2011 Notice of Disap- 2011 Notice of Disapproval based on office at (631) 765-1809, or by email: proval based on-an application for build- an application for building permit for Vicki.TotbOTown S=hold nv uc' ing permit for a subdivision,at:proposed reconstruction of existing single fam- Dated:April 11,2011 Lot 1; 1) less than the code required ily dwelling at; 1) less than the code ZONING BOARD OF APPEALS minimum lot size of 40,000 sq.ft.,2)less required front yard setback of 35 feet, LESLIE KANES WEISMAN,CHAIR- than the code required width of 150 lin- at:1650 Fleetwood Rd.,(Betts St.) Cu- PERSON ear ft.,3)side yard setback at less than tchogue,NY.SCTM#1000-137-5-13. BY Vicki Toth the code required 15 feet,proposed Lot Carryover Hearings,continued from 54375 Main Road(Office Location) 2;1)at less than the code required mini- prior meetings and pending additional 53095 Main Road(Mailing/USPS) mum lot size of 40,000 sq.ft.,2)less than i information: P.O.Box 1179 the code required width of 150 linear ft., Adjourned from Public Hearing Southold,NY 11971-0959 at;865 Nokomis Rd.(Hiawatha's Path), March 3,2011: 10.207-1T 4/21 Southold,NY.SCTM#1000-78-3-26. 1:00 PM - GEORGE and RUBY' 11:10 AM-THOMAS FRENZ#6466 GAFFGA#6438 -Request for Variance from Article III _ Code Section 280-15B and the Building Inspector's February 4,2011 Notice of ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF DAVID J. VERITY (Name of Applicant) MAILINGS SCTM Parcel #1000-78-3-26 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, MARGARET RUTKOWSKI, residing at Mattituck, New York, being duly sworn, depose and say that: On the /9day of April, 2011, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Sig ature MARGARET RUTKOWSKI Sworn to before me this day of ri1, 2011 otary Public) PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16 a®�Y PLEASE list, on the back of this Af IcEavlt or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. DAVID J. VERITY NEIGBHOR LIST 1000-78-3-26 v x NICHOLAS J. GIBBONS ANDREW W. HARBIN / 8 GARDINER PLACE 1040 NOKOMIS ROAD HUNTINGTON STATION NY 11746 SOUTHOLD NY 11971 SCTM: 1000-78-3-25 SCTM: 1000-78-3-16 •RE: VERITY ZBA I RE: VERITY ZBA 7192 6463 3110 0000 9037 I 7192 6463 2'9SIt� 0000 9075 CKENZIE MICHAEL & JOAN COLAVITO PO BOX 1940 198 DERBY STREET SOUTHOLD NY 11971 E. WILLISTON NY 11596 SCTM: 1000-78-3-51.1 SCTM: 1000-78-3-27 RE: VERITY ZBA I RE: VERITY ZBA I I � i 7192 6463 3110 0000 9044 I 7192 6463 3110 0000 9082 RICHARD HOCKANSON RICHARD E. TRIPP 1635 NOKOMIS ROAD FAITH TRIPP, TRUSTEE SOUTHOLD NY 11971 910 WABASSO STREET SCTM: 1000-78-3-18 SOUTHOLD NY 11971 limmmum - SCTM: 1000-78-3-50.1 RE: VERITY ZBA 'I 7192 6463 3110 0000 9051 RE: VERITY ZBA FRANCES MORAN I 7192 6463 3110 0000 9099 850 NOKOMIS ROAD { SOUTHOLD NY 11971 SCTM: 1000-78-3-17 RE: VERITY ZBA i 7192 6463 3110 0000 9068 I r i 4. Restricted Delivery? 3.Service Type MOORE LAW OFFICE 51020 MAIN ROAD (Extra Fee) Yes ERTIFIED I' SOUTHOLD NY 11971 2. Article Number I , 7192 6463 3110 0000 9051 I � A. Si Add or❑Agent) I yr 111111 11111111111111 IIIIIIIII IIII I II I III I ,° ' Received By: (Pleas ,� '' I 1 r �• 7192 6463 3110 0000 9051 II i I y C. Date of Delivery Article Addressed To: APR 2 6 2011 l i I ' D.Addressee's Address(1 iNere tF AddressUsedby anda4 R I C H A R D H O C K A N S O N l 1635 NOKOMIS ROAD SOUTHOLD NY 11971 Seconds Address Suite/-----­---------------­ Ipt./Flo se Clearly) 1 Delivery Address ' ' -t--- State ZIP.+4:Cbde: _ -...._.__...._.... V. 1 4. Restricted Delivery? 3.Service Type . , 51020 ? CERTIFIED I, (Extra Fee) Yes I. SOUTHiOD. I�Y; 1971i .f '; s ! }i ; " ' tlt tstt , r if j ; i 2. Article ;Number i 7192 6463 3110 0000 903 , °I I I; I A. 5i store: JAddressee or❑Agent)40 IIIIII III�� IIII II III IIIIIIIIIII II II�I III B. Receive Ay- (Ple se n7�clearly) f 3,9 2 6 4 6 3 3110 0 0 0 0 9 0 3 7 I Gr � ; I C. Date of De ive 1. Article Addressed To: I' D.Addresse s Address(1 DilrarontFromaddrass u:adbysandal N I C H O L A S J • GIBBONS li~ ° 8 GARDINER PLACE I Secondary Address H U N T I N G T O N STATION N Y 11746 !Suite%Apt./Floor(Please Print Clearly) --------------------------------------------------------Cod j I Delivery Address - I I _________________________________ . .. .City. State, --ZIP+4 e. -- I. ii 1 I ""GORE -LAW 0FFI,CV 4. Restricted Delivery? 3.Service Type 510 2 0 M A I N•1 R O k lS CERTIFIED (Extra Fee) Yes j. SOUTHOt D. �fY 119'71 i ..: I. . . ±'. . 2. Article Number I 7192 6463 3110 0000 9044 A. igna re: (❑ r ss or❑A i I I I,I I II I I�r�III I I I III s.Received By: (Please Pry iAt clear ) ""7192 6463 3110 0000 9044 r i�Vf( �V�(AC t C. Date of Delive 1. Article Addressed To: SUSAN MACKENZIE I'D.Addressee's Address(noiaarenrFromaddreau:edbysandarJ I . PO BOX' 1940 SO.UTH'OLD NY 11971 j Secondary Address/Suite I Apt.I Floor(Please Prinf Clearly) Delivery Address I + I ----------------------- ------------------------- city-.,: ; State :ZIP -- 1 -� � RECEIPT RECF' RECEIPT 7192 6463 3110 0000 9037 7192 6463 311 a 9044 7192 RECEIPT, 6463 3110 0000 9051 7192 6 RECEIPT 0000 9068 FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office Moore Law Office RE:VERITY ZBA Moore Law Office RE:VERITY ZBA RE:VERITY ZBA RE:VERITY ZBA f SEND TO: SEND TO: SEND TO: y y` SEND AN RICHARD HOCKANS9 NICHOLAS J.GIBBONS SUSAN MACKENZIE PRANCES MO}3AN / 8 GARDINER PLACE PO BOX 1940 1635 NOI$0� ( � 850 NO IS fyr HUNTINGTON STATION NY 11746 SOUT ff R. SOUTHOLD NY 11971 �q SOU L,Olyp• -Y-1 19 1117 NY °e17 6 f FEES �� FE FEES: Pos �r `i;� d.80 9 Ppsti Pos i � ostage ! ,s, 2.80 Cerh�erd}Fe ' 2. �/ C�fifiec� t .80 ReturrLReceipt 0 Ret rn Receipt Ce ifte Fee „ppv� d„ Certified e �(� 2.30 2.30 Re eJY���1 � r ( Re �f' rI� p7r. Restncfed �- ` Resrctedc j Re t u�.a" Jr' � Rued � TOTAL TOTAL TOTA TO U�' • ', L POSTMARK OR DATE POST RK g k I SMT DATE POSTMARK OR-DATE i RECEIPT 7192 6463 3110 0000 9075 RECEIPT RECEIPT FROM: 7192 6463 3110 0000 9082 7192 6463 3110 0000 9099 Moore Law Office FROM: FROM: ! RE:VERITY ZBA Moore Law Office RE:VERITY ZBA Moore Law Office RE:VERITY ZBA I i S 6- W`HARBIN SEND TO: SEND TO. 40 NOKOMINOAD MICHAEL&JOAN COLAVITO f SOUTHOLD NY q y11971 198 DERBY STREET �IORAR .TRIP.f? L�e` 'i E.WILLISTON NY 11596 �T PP T EE Q 7. 10 WABASSO STREET o SOUTHOLD'N�1197,1 `\\ Pb age r FEES: ��—� 46 f ostage \Certif1 e CO 2.80 Postage o g� .944 ��� cei Y 2.30 Certifie e' 0 �, ertified Fee 2.80 Restncte A57 Rest c ipt 2. >', \Ret run F$A5 - 2.30j TOTAL Rest c d , estrict ff 5-7 TOTA ®-t TOTAL POSTMARK OR DATE POS MA K OR DAT POSTMARK OR DATE Usps I MOORE LAW OFF_-TCE — :� 4. Restricted Delivery? 3.Service 51020 MAIN I" > I (ExtraFee) 'es CERTIFIED NY"y„-171 2. Article Number I �IL 7192 6463 3110 0000 9075 (❑Addr s or❑Age ) �` J � (IIII I e IN 11 L r , { B. ( IIIII a roed y. (Please tint Clearly) I _ � 01/ 7192 6463 3110 0000 9075 I ' r C. Date 9. Article Addressed To:ov- D. II:' Addressee's Address(lrDiferentFremaddressU.radbysendel A N D R E W W• H A R B I N 1040 NOKOMIS ROAD I„ SOUTHOLD NY 11971 Secondary Address/Suite/Apt./Floor(Pleaso Fnnf Clearly) ........................................................... Delivery Address , : ZI --- — --- _ --- —..----— - ------- -- - --— --....-......... 1 MOORE LAW OFFICE 4. Restricted Delivery? 3.service Type I I 51020 MAIN ROAD ® CERTIFIED i (Extra Fee) Yes v SOUTHOLD NY 11971 2. Article Number I 7192 6463 3110 0000 9099 I ; j Sig A. Addressee or Agent)re �I I II III II I II I II II I I II I II I IIIIIII I II III I . I -R-�cjeived By: I se Print Clearly) �C C � r -14151 7192. 6,463 3110 0000 9099 C. Date of ffl t ` 1. Article Addressed To: I. I, D.Addressee's Address(IrDiflerentFre'AddressUsedbySended R I C H A R D E. TRIPP FAITH, TRIPP, TRUSTEE 910 WABASSO STREET ? Secondary Address!Suite/Apt.!Floor(Please Print Clearly) S O U T H O L D NY 11971 i ............................... i Delivery Address , f ------------•--------• - ---- ------ City State .. .ZIP+4 Code• i 1' F 100RE LAW OFFICE 4. Restricted Delivery? 3.service Type 7 20 MAIN ROAD . j ; 3 ►1? p 1 f 1 t t (Extra Fee). �ErI�IE® ti {> ; {l i; y3i i3 4 : 3 I 3i ! 3 3 i3 t tii3 OLfTHOLD ICY 1:197t11:, : : 3 a ,`.. 2. Article Number Its; I 7192 6463 3110 0000 9082 I I � II A. Sig ure: (❑Ad ssee or❑Agent) I 11111111 IIII i ! IIII III IIIII III IN 11111 II III s.��: 51easey P int cleaFF)) 71;;9 2 6463 3110 0000 9082 I' i C. Date of Deli 1. Article Addressed To: ' MICHA,EL 8 JOAN COLAVIT,O D.Addressee's dd ss p/Di rent maddressusedaysendeq 198, DrERBY STREET Ea WILLISTON NY 11596 Secondary Address(Suite/Apt./Floor(Please Print Clearly) Delivery Address ,m. City . i ;:. : ; 3 11 .... I : . . : . .:: a iii - rt• -- -'- - - • ;State: _ _..... .......... �~ MOORE LAW OFFICE ,.Restricted Delivery? 3.Service Type 510211 MAIN ROAD CERTIFIED C SOUTHOLD NY 11971 (Extra Fee) Yes j, 2_ Article Number C ' 7192 6463 3110 0000 906.8 j A. :8ignat ress ACI--rJYI"� t) !t11111111111 IN 11111111111111111111111111 . Received y: {Please Print 7192 6'463 3110 0000 90.68 G. Date o` Delivery 1.Article Addressed To: \ D.Addressee's Address!!tei amxlPmmAdam=s usaaaysonen:! F'RANCE"S' M0R 850 NOKOMIS kROA s SOUTHOLD NY `1.�971 y <� S condary Address i Swto J Apt.J fionr(Pleaca Pnnt Ctoadyl - '� � `* ..r ,,... Dahvery Addiess .""'"'• .` - . a City' - - Ehie ZIP*A Cade r .-- ZONING BOARD OF APPEALS �� TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF DAVID J. VERITY SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-3-26 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, David J. Verity residing at 865 Nokomis Road, Southold, New York being duly sworn, depose and say that: On the �S day of April, 2011, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, May 5, 2011. DavidAVVerityyg�6 Sworn to before me this 3` day of 04 2011 BEMYA.PERKINS Notary Public,State of New York /Notary Pub ' No.01PE6130638 Qualified in uffoCounty Comm ssion Expires July 8, *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 8 , 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 2011 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 Times Review newspaper. 1) Before April18tn: 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 April 25th: 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 April 27st: 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 May 3, 2011. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5309.5' Main Road, Southold: NAME: VERITY, DAVID # 6470 SCTM # : 100078326 . VARIANCE : SUBDIVISION REQUEST: TWO LOTS DATE :. THURS . , MAY 59 2011 10 : 50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERS �F SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road •P.O. Box 1179 �� l0 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer cry Town Annex/First Floor,Capital One Bank George Horning ,^�aa�Q 54375 Main Road(at Youngs Avenue) Ken Schneider l�c'ouffN .'' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 May 19, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6470 -Verity Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 18, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. 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