The URL can be used to link to this page

Home My WebLink About6603 e �• / r iU4/ s�IN i I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��oF ®�riy®l 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, Town Annex/First'Floor,Capital One Bank j George Horning • �O@ 54375 Main Road(at Youngs Avenue) Ken Schneider Ol''C0u( Southold,NY 11971 I� t http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631).765-1809•Fax(631)765-9064 RE E VE DEC 1 V FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 6,2012 So thold Town Clerk ZBA'Application No.: 6603 Applicants/Owners: Joseph M. Melly SCTM#1000-104-2-24&23 Property Location: 1375 & 1475 Sterling Road(corner Horton Road) Cutchogue,NY. �- SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under f consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further requirements under SEQRA. i i LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION:Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 14, 506 square feet (SCTM1000-104-2-24) from an adjacent land area of 17, 424 square feet (SCTM 1000-104-2-23), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10(A), determining the properties have been merged. ADDITIONAL INFORMATION: The applicant was granted a waiver of merger under Zoning I Board determination #4508 dated October 9, 1997. However, the properties have become re- merged due to estate planning. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 2012, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to estate planning by the owners. There have been no transfers.of ownership outside the family since the time merger was effected. Pursuant to §280-11,the Zoning Board finds that (1)The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because it is one of the lots on a filed map titled "Map of Nassau Farms, situate at Peconic, Suffolk County,New York", dated January 31, 1935 and filed in the Suffolk i 1 Page 2 of 2—December 6,2012 ZBA File#6603-Melly CTM: 1000-104-2-23&24 I County Clerk's Office, March 28, 1935 as map number 1179, which are mostly of similar size i and shape. (2) The waiver would recognize a lot that 'is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because the improved lot was purchased in 1959 and the vacant lot was purchased in 1970 and have remained in the same family. A notarized title search dated September 24, 2012 shows that both lots were transferred from father(Joseph J. Melly)to son(Joseph M. Melly) subject to a life estate of the father in 2010, for estate planning purposes, thereby effectuating the re-merger. By physical inspection, the lot consists of mature trees and there is no evidence of any structural improvements to the vacant parcel. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because any dwelling that could be j• constructed on the unimproved lot would be small and in keeping with the neighborhood homes I due to current zoning regulations. In addition, the neighborhood is almost built out and the vacant lot is one of the few that remains unimproved. The topography of the vacant parcel is relatively level. It appears that the lot would not require any fill or contour changes. i RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried to GRANT, the waiver of merger as applied for and shown on the survey dated August 20, 2012 prepared by John T. Metzger,LLS with the following condition: i 1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM#1000- 104-2-24 be provided to the ZBA within two(2)years of the date of this decision Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dinizio.Schneider and Horning. This Resolution was duly adopted(5-0). i. i 1. Leslie Kane s Weisman, Chairperson Approved for filing /2012 I i i I N SURVEY OF PROPERTY A T CUTCHOG UE TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y (52) / 1000-104-02-23 & 24 PLO L° '� SCALE. 1'= 30' AUGUST 20, 2012 / 116.16' 123.41, N85-46'00'E FE.COE. N85-46'00"E FE.COR. 0.2 0.2N. I CHAINLINK FENCE LpT (yl) I N w 1000 1 0 04-02-23 OP'o P/ �' O L° I LpT (62) o z AREA= 17,424 SO. FT. Y o -�° / I O - -t ' W _ � � BLpG,ENVELOPE � pO` cs I �'- XL !'SAP 'REVIEWED B'Y ° FLAGSTONE Z�A N O 1L°" (61) 10.0' PATIO I / SSE DECi6fQ 13 o P' o 53.4' i o QA'ED GJ 0 23.6' 3.1 -F 3 \ z 1 STORYFRAME O HOUSE m ` 'O o I 0) o LT (5 O 1000-104-02-24 m 9.9' 51.7' i pip ° t� AREA= 14,506 SO. FT. WELL I -I O c�0 O O 4 ° (60) �D I / /O LO 0 0) P I FE.0.5'E. ��f ' �Ep Y� LOT (5t' Ez, ?` / 6 •46'00".W 116.1 � j(o?}r� e �u S85 0" 70.00' = MONUMENT S85W 0 W RECEIVE® �OAD S f 'f'.a 4�''$ LOT (#s) REFER TO MAP OF NASSAU FARMS FILED ON STERLING OCT MARCH 28, 1935 AS FILE NO. 1179 0 2 2O12 LIC. NO. 4, 618 ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA 77ON BOARD OF A P P EA CONIC E YORS, P.C. OF SECTION 72090F THE NEW YORK STATE EDUCATION_LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS 631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.0. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET ��_�� WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 66 �Z} =q 1 DEC 1 ZD2i : I SU.FFOLK COUNTY CLERK RECORDS OFFICE y RECORDING PAGE Type of Instrument: DEED Recorded: 11/12/2020 Number of Pages: 4 At: 09:53:25 AM Receipt Number : 20-0181302 TRANSFER TAX NUMBER: 20-09909 LIBER: D00013077 PAGE: 633 =s r� District: Section: Block: Lot: i 1000 104.00 02.00 024.000 EXAMINED AND CHARGED AS FOLLOWS y Deed Amount: $0.00 v Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0,00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $520.00 TRANSFER TAX NUMBER: 20-09909 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL, jJUDITH A. PASCALE s: County Clerk, Suffolk County i j3 »i aAlt(:AINand SALEnErD•Hith Coe mat apitcst G.wor .Act-Indi,iduar or C01111-Linn Co?St,l:r1'oLR1.AwR YE0ErORESrGNINCitnSINSrRUMUN,I-'fills t STnUAIEtrS170L'LntrEt;Sfnfly t""'ERSo?Ll' ,f. THIS INDENTURE,made the day of (�C��,(.r Two Thousand and Twenty. V BETWEEN E Joseph iM.Melly and Patricia Melly residing at:2390 Pine Tree Road,Cutchogue,NY 11.935 and 957 Kessler Parktcay,Dallas, TX 75208 party of the first part.and j 3 Peter John;Melly and Catherine Melly,as husband and~rife residing at:23 Edmark Court,Oakdale,NY 11.769 t r party of the second part, t WITNESSETII,that the party of the first part,in consideration of Ten Dollar and rars(SIO.00)and other elease unto the valuable consideration paid by the party ofthe second part,does hereby b party of the second part,tite heirs or successors and assigns of the party of the second part lbraver. ALL that cer(ain,plot,,piece.u(.palc(l of fund,with�the buildings and impruv.;ments thereon erected,situate,lyingand bein din the: l SEE SCHEDULE A ATTACHED BEING AND INTENDED TO BE tile same premises acquired by grantor in'deed dated 12128,12012 and recorded 02i01/2013 in Liber 12719 Page 528. :SAID PREMISES KNOWN AS:1375 Sterling Road,Cutchogue,NY 11935 District: 1000 section:104.00 Block:02.00 Lot:024.000 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER will,the appurtenances and:di the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO 1101.,1)the premises beivin granted unto the party of the second part,the heirs or t � successors and assigoS of tllc party of the second part forever. f nants that rile party of the first pars has not clone or sufferc(1 anything AND the party ofthe first part cove 1 been cncunibereci in any%vay whatever,except as aforesaid. whereby tile said premises have II AND the party of the first part,in cnmpli:ulce tiwth Section 13 of the Lien Law,covenants that the party of tale first purl will receive the Collsideration fin this conveyance and will hold the right to receive such I consideration as a truce hind to be applied first for file purpose of paying,the cost of the ilnprovelnent and will apply the :unc lirsl w(fit:p:t}',neat uf'Ihe COS(of the improvement before using any part of the total of the same lire ally oilier purpose. . . �� 1 he ` e�._ if ,- 'S : S? IN WII N SWHERIOl,tile party oftlefirst tpart ` svlivnrr.?4r th4 tiara; �N thiiindr_n__r ura3u rcy...iiir'cs. _. has duly executed this deed the day and year first above IN I'RI S1:\CE OF: Jos p i Xl.\4eliv Pat ieia NICJly I' S'IWI OF NEW YORK ) SS; COUNTY 01'SUFFOLK. } On theci?..Sday of .in the.gear 2020..bciore me.the undersi;�red,personally appeared Joseph 11.thl My,personally known to me or proved to nee on the basis of satisfactur} evidence to be the individual(s)whose namc(s)is(are)subscribed to the within instrument.and acknowledged to tile that hershehhep executed the same in ttis'hei-Aheir Capacity(ies),and that by his/her/their Signature(s)on the instrument,the individual(s),or the person upon bt hadl'of which the individual(s)acted,executed the instrument. { ' 1 RY PUBLIC) STAI E OF NEW YORK � 1, ryPuvcn ) x' -• ''�'m�iry Public,Siam of Now Yerk SS: Etta OtJ0634}O:�t - Qolirad in Sutrtt C T'I.V:J3VIY 01'SlIIOIK IrYll u-1 On the S, jai of � / �I� VY in the year 2020. before me, the uridersl ncd. Petwn�l?y Ipt��ircd 1'ttttcia Vlclly,personally known to me or prov<:d to (TIC can the basis of satisfactory evidence to be'the Ii,tdi.idtla100"u16s6'najnE(s) is (arc) subscribed to the within instrument and acknowledged to me that ho:shetthey executed the sane in his/her/their capacity(ies),and that by his7terAheir signatures) on the instrument. the individuad(s), or the Person upon behalf'of which the individual(s)acted,executed the instrument. 1 crr:vaY PutiLl ) �a sc,-.:,.� nawnJohmou e Notary Public stat..,f;�irtr.•York z - fin 0110044053 t)"atitud in Suffoll,Count) ConamkAon xplms lttti:20.a''-t( RECORD& E �v—,c Cs�,,t } - b 4 SCHEDULE A— DESCRIPTION a l3 1 ALL that certain plot, piece or parcel of land;with the.build n'gs and rrraprovements thereon erected, situate, lying and being in Peconic, Town of Southold; County of Suffolk and State of New York and being part of filed:Lots 50, 5�1 and:52 as shov�n�:on a certain map entitled"Map of Nassau Farms, situate at Pe York" York"dated January 31, 1935 and filed in the Suffolk County Clerk's O,fFice on March;28,�a 3 1935 as Map Number 1179. The part of lots, when taken together, are morefully described as follows: BEGINNING at a concrete monument at the intersection of the northerly line of Sterling Road with the easterly line of Norton Road and from said point of BEGINNING', RUNNING THENCE along said easterly line of Norton Road north 23-degrees 150,minutes west 159.23 feet to a concrete monument; RUNNING THENCE along land of Warren Sterling on a line parallel to said northerly line of Sterling Road north 85 degrees 46 minutes east 123.41 feet to a concrete _.monurnerrt; _.: RUNNING THENCE southerly along land of Wiegands south 4 degrees 14 minutes east 150.00 feet to a concrete monument on said northerly line of Sterling Road; RUNNING THENCE along said northerly line of Sterling Road south 85 degrees 46 minutes west 70.0 feet to the point or place of BEGINNING. ' - � VK rEfs S'A Total Dual Town Dual Courvtv CA Tjmfer Tax Mansion rax Sub Total YES NO ;fand Total Page tl—. _—Of this CFE A" .1�f do�.Suffolk Cotfnty Cierk 2. Tifle Company InforMation NV 11�)01 Co.Name m if)the TOWN m _...... ....... __ K0 � \)��\[N\ ___ _ _ ___ VILLAGE _ � " � �&^ i '*iD�momr0ma� mx��0��v"== ' RECEIVED ` ORM NO. 3 OCTo 02 201��°�� 2 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: June 14, 2012 Updated: September 10, 2012 TO: Joseph Melly 2390 Pine Tree Road Cutchogue,NY 1193 5 Please take notice that your application dated June 12, 2012 For merger determination at: Location of property: 1375 Sterling Road Cutcho ug e,NY County Tax Map No. 1000 - Section 104 Block 2 Lot 24 Is returned herewith and disapproved on the following grounds: The subiect lot has merged with an adjacent lot to the east (SCTM# 1000-104-02-23) pursuant to Article II Section 280-10(A), which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature Note: A merger waiver was granted 10/9/97 under decision#4508. CC: file, Z.B.A. ♦ M; t FORM NO. 3 RECEIVED TOWN OF SOUTHOLD � �-� BUILDING DEPARTMENT r o 2 2012 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOAR® OF APPEALS Date: June 14, 2012 TO: Joseph Melly 2390 Pine Tree Road Cutchogue, NY 11935 Please take notice that your application dated June 12, 2012 For a merger determination at Location of property 1375 Sterling Road, Cutchogue, NY Tax Map No. 1000—Section 104 Block 2 Lot 24 .Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the east (SCTM#104-2-23)pursuant to Article Il, Section 280-10(A) which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total+- lot size conforms to the current bulk schedule requirements." Authorized Signature Note: A merger waiver was granted 10/9/97 under decision#4508 CC: File, Z.B.A. For Office Use Only Fee:$. Date Assigned/ZBA File# . Filed by: ` OCT 02 ZD1a Office Notes: BOARD OF, PEAL WAIVER TO UNMERGE_PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS I THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 60 Iq I �N, 0 WHE EBY THE BUILDING INSPECTOR.DENIED AN APPLICATION DATED Cc 12 201Zunder Town Code Chapter 280 (Zoning), Article II,Section 280- for: ❑ Building Permit ❑. Permit for As-Built Construction ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy X Other Owner of Parcel for Waiver: i Owner of Adjacent Parcel: Note: If applicant is not the owner, state if applicant is owner's.attorney,agent, architect, builder, contract vendee,etc. — � Mailing Address: �3/�L� ,I®ie�� ''`��%��% c� W/C/�/ Telephone (Email �CJ�I�.v E7.V / . 'Itle"1II A/) Agent for Owner: M&A& 1� t Address: Telephone No: Cg��. � � S(�JLO Fax/Email: !K0 1-79 72 fV60W"1C U(VZq 401 "AC .Please specify who you wish correspondence to be mailed to, from the above: ❑Owner, or Authorized Representative I (we), Lee X- n n �00-,Qt_q-d request that the Zoning Board.of Appeals waive the merger and recognize the original lot lines under the provisions of Article 11, Sections 280-9, 280-10, 280-11 of the. Southol4e Town Zoning Code, for uffolk County Tax Map District 1000, Section Block Lot containing/ � square feet located at # R.' and for District 1000 Section Block Lo —containing/2� � square feet. The property is located in the "//1 Residential Zone District. 1 i i ✓AIVER TO UNMERGE PROPERTY ZBA# Page 2—APPLICATION F RECEIVED OCT 02 2012 BOARD OF APPEALS The lot to be'unmerged,was originally created by deed dated "/ej y�jel*� `Is vacant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be uninerged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of the improye,d lots in the neighborhood because: i (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained *as a separate and independent residential lot since the date of its on anal creation becAuse: 41 Ize- (3) The proposed waiver and recognition will not create an adverse impact on the phys' al orr' en ironmental conditions in the neighborbood or district be e: 7- �' �"�� lei�/�'�� Gd�ll�� _ore,, /.v Please check one or ore of the following that apply to the lot to be unmerged• ❑ This lot was formerly approved by the Southold Town Planning Board on (attach copy). ❑ This lot was approved or shown on a map approved by the Southold Town Board during 19_ (attach copy). This lot was approved by the Board of Appeals on (p )lease attach). i A search of Town records fou d approvals or other action .by the Town of Southold, except for Application# in the Year /9�7 (please attach copy). Page 3—APPLICATION F WAIVER TO UNMERGE PROPERTY ZBA# ❑ A search of Town records found a Certificate of Occupancy was issued for a dwelling or other purpose on SCTM Lot# lease attach co y). (Attach additional sheets if needed). er(Parcel 1) LIZ Sworn to before me this day of "7"` ° 20jA Notary PubliVMY;H�� VIC Notary Public State of New York No-01Y06190696 Qualified in Suffolk County O er Parcel 2 Commission Expires July 28,2 ( ) Sworn to before me this I I day of apt , 200 Notary Public RECEIVED I OCT ® 2 2012 j 1CKI TOTN Notary I1906eW York No-OT0669 BOARD OF APPEALS Qualified in Suffolk Coun Commission Expires July 28,2 W � ZBA 12/95;3/06; 11/08G 1 LOT WAIVER QUESTIONNAIRE - What are the square footage and dimensions of this -lot (subject of building department merger application): s.f. ft. by +- ft. 4' Date of first deed which created this lot: Date of current deed to present owner: C ,, q RECEIVED P I Owners' names of lot at current time: n OCT 02 2012 Date and name of subdivision (if any): BOARD OF APPEALS Size of remaining lot in the merger: s.f. Were there any building permits issued in the past for this lot: Yes No If yes, please provide copy of former permit and map approved. Vli sere t ere any County Health-Department approvals in the past for either lot? Yes No �. If yes, please provide a copy. Were they any y. ant land Certificates of Occupancy requested in the past? Yes No If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for-a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in anyway)? Yes No.i� . If.yes, please provide copy (if available),.or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded Lot line which separatessthe two merged.lots? No. Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? Please note other approvals or other information about common ownership of these lots: I am an owner 'of the subject lot and the above information -is provided to the best of my knowledge. (Copies noted above are atta d.) Dated: vl --- Ovine 's Signatur ZBA5127199 i i QUESTIONNAIREE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes _No _ OCT 02 zoPz B. Are there any proposals to change or alter land contours? _4_No Yes please explain on attached sheet. BOARD OF APPEALS C. 1.)Are there areas that contain sand or wetland grasses? (10 2.)Are those areas shown on the survey submitted with this application? N R 3.)Is the property bulk headed between the wetlands area and the upland building area? j 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?��_Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or i below five feet above mean sea level? VQ E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? q�l'7 Please show area of the ' structures on a diagram if any exist or state none on the above line. i I F. Do you have any construction taking place at this time concerning your premises?_ If yes,please submit a copy of your building permit and survey as approved by the Building I Department and please describe: I. G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Vneaw _ and the proposed use _ (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date I i U RECEIVE® , PROJECT 'ID NUMBER 611.20 SEORAPPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW 0 C T 02 2012 SHORT ENVIRONMENTAL ASSESSMENT FORM forQ LISTEi)A nQNSOn.ly BOAR® OF APPEALS PART 1 -PROJECT INFORMATION (To be completed by Appticant or Project Sponsor) 1.APPLICANT I ONS.OR 2.PAoJEC'r NAME &-PROJECT LOCATION; Municipality LAI CgUgty c 4.PRECISE LOCATION: Street Addess acid oaa interseetlorts. Fxdilfnent landmarks etc -or provi@s Map oy Corn o rbv; r 5.13 PROPOSED ACTION.; .D Now Q 6tparlSion. t-1 Modification./alter2tion 6.DESCRIBE 'PROJECT:BRIEFLY; n a^p led L 'j /ram 7.AMOUNT OF LAND AFFECTED: - Initially acres Ultimately ..acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER_RESTRICTIONS? 0es No if'no,4pperibv b0sfiy; S.WHAT IS PRESENT LAND USE.1N' VICkTY ;OF 'PROJECT? .(Ghooss a;many as aApiyJ Residential E]Industrial .R'Commerdibl ;E]Agf,.0It"re .Q Aaric 1 Fdrest/Cfperl S.poop a:Other (rleseribe) 10: DOES ACTION INVOLV.E_A PERMIT APPROVAL,, QR Fl1NDING, NOW OR (1LTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) �Yes No If Yes, list:agericy name aptl permit i approver: 11.,POE8 ANY ASPECT OF THE ACTION- HAVE A CURRENTLY VALID PERMIT OR APPROVAL4 EYes 15�No If yes, list.agency name-and permit /approval: 1.�2--..-�A""S A g�ESrULT OF PROPOSED ACTION WILL EXISTING PERMITI APPROVAL REQUIRE MODIFICATION? - �res & � 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE 1S TRUE TO THE BEST OF' MY KNOWLEDGE Applicant / Sp sor Name Date* Signature I If the action is a Costal Area,and.you are a state.agency, complete the Coastal Assessment Form before procee cling With this assessment I PART ii- IMPACT ASSESSMENT o be eom feted by Lead Agency) A. DOES ACTIO GEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617A? If yes,coordinate the review process and use the FULL EAF. Yes UV No B..WILL ACTION R CEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN-6 WCRR,-PART 617,6? It No,a negative deelaratiorrrriay be superseded by another involved agency. Yes No C:CO.ULDACTIbN RESULT IN ANY ADVERSE EFFECTS ASSOCIATED.WfTH THE FOLLOWING:(Answers may be.handwritten,it legible) 01.Ex14ON air quality,surface or groundwater gtiafity Or quantity,.noise levels,existing traffic pattern,solid•waste.production brdisposal, potenf`ia-t for eriosion.draigaga brfioodIng. lems? Explain_bdpfly 02 Aesthe.$c,agrieultural,a�.* ologicai,hlstgiic,:ar..ther natural ercalturaf r85btircQs;or pcmmunity:or nel9hl?orhopd.eharacter?Explain biiefiys C3.�Yegetabori or:fauna,fish,shellfish of wildlife spetips,sdgnifisanE'fiabitats,.or th feat�ned of 8iidangered species?ESsplain briotiy C4.A counity's'nlih existing plans orgoals.as oificlally adopted',or a charigern use or Inteosilybf Use 4f land or nthef nritgral iesoirrces?Explain_briefly. C i.Growth,.subsequent 0eyelopment,or t5etated act(viti °(kely'to be iFldriced by the proposed action?Frcplairrbrietiy: C6: Lang.ferrrt short term,curoulabve;.or other effects not tentified in CI-CB? Ertplairi briefly: G7. Other im acts..(inclwdin Chan es in use of aiiher d araii or!X22,Pf-iina. Fx lain Kelly,!. .D. VMl L THE:PftOJECT. N IMPACTAN TFfEEtJVIRONMENTAL GHARAGTERISTICS THAT a6SED THE ESTABLISHMENT OF A CRITfCAL ENVIRONNIEiJT:. R.EA GEA? 1f es.ex.lain bile" OYes No ` E. IS THERE,OR iS T ERE L1ICELY TL?8la COhfTROVER$Y-EtELA E[7Tp POTENTIAL AiavE E ENV[RONMENTJiL:iMPACTS? K .es;ex tarn: Q Yes. No F7 PART III-DETEt'Mt ATION OF-�IGNIFI¢ANCE(i'o be completed by#Agency) 110TRUCTIONS: For each adverse efferAidentitied abovo,determine::wheitheit•it is substantial,large,important or ottierwiise significant. Each- effect should be assessed In connection with tts(a)setting(j,e:urparl or rural);(b)probability of occurring,.(e):durafion;(d)irreversib7ity;(e) geograpttie scope;and.sf)magnitude. It.necessary,add attat�tments or r4iience supporting:materials Ensure that explanadons.contain sllffieient detail:to show tiiat;all relevant adiver5e Impacts have been identified art adegddateiy ad ftssed. If gis.s ion d of part iiwas checked yes,the deterrtlination-ofsign�d;ahce must evaluate the potential impgctidithe:IirQposetlaction on3heenvironmental ct>aracleristics ofthe CEI+ Check this bgxif you have Identified one ormore potentially large orsign(ficarit adverse impacts whiclrMAY dccur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. .Check this.box If.you have determined,based on the.infonnation and analysis above and any supporling documentation,-lhat the proposed acito. WILL N®T result in any significant adverse environmental impacts Atilt)provide;en attadrmentstas'.helcessa y.the reasons supporting th( determination_ Name of Lead Agency Data PrintorTypO Name o spons e' cer n ea gency Title of Responsible Officer Signature;-Responsible Officer in Lead Agency Signature of Preparer(if ditlerent from responsible officer) RECEIVED AGRICULTURAL DATA.STATEMENT O C T 0 2 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SOAR® OF APPEALS WHEN PO USE PHIS.FORM: The form.must be completed by the applicant for any special use permit site plan approval; 'use variance,or subdivision approval on property within an agricultural districfOR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural datk statement must be referred to the Suffolk County Department of Planning in accordance with sections 239= m:and 239=n of the General Municipal Lain. .1)Naive of Applicant; 2)Address of Applicant: D `$emu G� G) Sct t-Fhr 1 1 -1 3)Name of Land OW'ri r(if other than ap-hcant);. p }-� \ ; 4)Address of Land Owner: .:. e . 5)Description of hropbse.d Project: U 19 6)Location'of Property(road and tax map number): 7)Is.the parcel within an agricultural district? No Yes If yes,Agricultural District Number-'. 8)1s_this pAc'e-190tively.fariiied?VNo El Yes 9) Name and address 'of any. owners):of land within the agricultural district containing active, farm operation(s)located 500 feet of the boundary of.the proposed project: (Information.may be available through the Town Assessors Office,.Town.Hall location (765-1937) or from any public computer at the Town Hall locations,by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name andAddress 4: (Please use back side-of page if more than six property owners are identified.) The lot numbers maybe obtained;in.advance.,when requested from the Office of the Planning Board at 765- 1938 or the Zoning Boa of Appeals at 765-1809. . .. gn'ature of Applicant Date Note: L The local board will solicit,cotn iients from.}he owners of land identified above in order to consider the.effect of the.proposed action on their farm operation Solicitation will be made by supplying a copy'of this statement.. 2:Comments returned to the.locil board will:be taken into considerattou as part of the overall review of this application. 3.The clerk to the local board is responsible fot sending.copies of the completed Agricultural Data Statement to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure.to pay at such time means the.application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT MACTIONAL DISCLOSURE FORl1 (FOk 6uBMISSION BY OWNER and OWNER'S AuENT) 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: �.t' (1 �Q(�1Gt 1'l(� { CO 0 i c, V S t' , (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) W V NATURE OF APPLICATION: (Check all that apply.) V Tax Grievance r Variance RECEIVED'. Special Exception Other Activity: i t, (_X_V ( a O C T 02 2012 Change of Zone Approval of Plat E30ARD OF APPEALS 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. i YES NO Complete the balance of this form and date and sign below where indicated. . i 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. I 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 day of r9 Signature: Print Name: e I. Town of Southold � RECEIV LWRP CONSISTENCY ASSESSMENT FORM OCT 0 2 2012 A. INSTRUCTIONS BOARD OF APPEALS 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. I A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ! B. DESCRIPTION OF SITE AND PROPOSED ACTION I The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept.V Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) i ----TC 7'ermrt, approva, cense,certi scat ion: — ---'------- - - Nature and extent of action: _._. . _... ..........-------- - - ----- ----... . ............_.... ........:_.__....... _ _ . ......_ ............ ... I I I Location of action: Site acreage: Present land use: Present zoning classification: RA l 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: J ree v Nl 4f � (c) Telephone number: Area Code( )��"' �or 0� (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No R If yes,which state or federal agency? C. DEVELOPED COAST POLICY I Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No KNot Applicable Attach additional sheets if necessary o icyicyProtec and preserve liisor cici and archaeological resources--ofAie own o out old. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria - — _._._......._..._-._..._._._.. ......_....... _ ----..._ - - ---------------.._._ _ .._. . ... - -...._..__.. .._. .. - .. ......... .. ...... ._.. ❑ Yes ❑ No Not Applicable . ._.._... I i . I i Attach additional sheets-if necessary 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 ❑ Yes ❑ No N#ot Applicable 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 ❑ Yes ❑ No P'lk?Not Applicable 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 ❑ Yes ❑ No XNot Applicable 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 ❑No Not Applicable- -- -- - ---- ---- - 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. ❑ Yes ❑ No Not Applicable 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 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. ❑ Yes❑ No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes-.- - ❑ - - L�J .N- -pp .- ----No of A-7icaTile---------_...--------- ------------ ---- - - 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 � 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. ❑ Yes ❑ NZN Not Applicable 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 Created on 5125105 I1:20 AM APPLICANT Ti.xiNSACTIONAL 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 C possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: ;OS (Last name,first name,middle initiaras unless you are applying in the name of someone else or other entity,suc a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ' Special Exception Other 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 below where 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 thi h'--'- d o Signature Print N e: RECEIVED Board of Zoning Appeals Application OCT 02 2012 AUTHORIZATION BOARD OF APPEALS (Where the Applicant is not the Owner) residing at 3� �� T(ee- (Print property owner's name) (Mailing Address) kh-b,� do hereby authorize 1--e n "e-(( (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. O nature) Wv (Print wner's ame) TOWN OF SOUTHOLD BUILDIN( JRMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Dc have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. vXCheckl— Septic Form N.Y.S.D.E.C. Trustees C.O.Application Flood Permit Examined ,20 v'/ Single& Separate Storm-Water Assessment Form Contact: r Approved per,20 Mail to: Disapproved a/c f� Phone: Expiration _ Building Inspector JUN ZOZ2 PPLICATION FOR BUILDING PERMIT BLDG.DEPT. Date 320 Tow%of INSTRUCTIONS a..This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to 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 1S 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 r do s, a to admit authorized inspectors on premises and in building for necessary inspections. OCR 0 (Sig iature of applic t or name if corporation) - EARS 'BOARD OF APP . (Mailing address f7YO415 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 7 o l� (As on the tax roll or latest deed) 1 t-lo tune F h f" If applicant 1S a GOrpOru�ivn, Signa�ui�. Cl dilly u.LituOr2Zed CiuCer - ,: (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 proposed work will be done: House Number Street Hamlet County Tax Map`Na. 1000 Section Block . Lot -2-3 t � . Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing.use and occupancy L2.jr rye f c/a«n Cf) Intended use and occupancy &2 ��ca 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 j Rear Depth Height Number of;Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 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 2 � 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 fiom 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'ati point on property is"at:10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract).above named, CONNIE D.BUNCH Notary Public,State of New York (S)He is the No.01BU6185050 (Contractor,Agent, Corporate Officer, etc.) Commission Expires April 14, 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. Sworn to before me thisr'�'1 . day o 20[�- ` p Notary Public t`� S7 tui of Applicant I APPEALS BOARD W. -MBERS jf�pti� �0� Southold Town Hall Gerard P.Goehringer,Chairman 53095 Main Road Serge Doyen P.O.Box 1179 �� James Dinizio,Jr. Southold,New York 11971 Fax o 16 Lydia A.Tortora ,� 01 ��p� P ( \)76S-65-1 � Telephone hone'516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,.DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 9, 1997 Appl. No. 4508 - JOSEPH MI=Y . PARCEL 1000-104-2-24 STREET & LOCALITY: 1375 (and 1475) Sterling Road, Cutchogue DATE OF PUBLIC HEARING.: September 25, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate at the. corner of the east side of Horton Road and north side of Sterling Road. The land in question for this waiver consists of a total area of approximately 13,500 sq. ft., and the surrey dated February 5, 1970 prepared by Robert A. Bart, Land Surveyor, confirms a road frontage of 159.23 feet along Horton Road (a paper street) and 70 feet along Sterling Road. Although this lot is shown on the Map of Nassau Farms filed March 28, 1935 - Map No. 1179, consisting of a part of Lot 52, part of 51 and part of 50, the metes metes and bow-ids of this lot to be waived in this application does. not follow the same exact original lines created on the Nassau Fauns' subdivision. map. . The lot as exists today (deed dated 12/27/96 containing a metes and bounds description filed at Liber i.1809 p. 561) matches the metes and bounds description created by 1967 and 1970 deeds, submitted by applicant's attorney dated February 6, 1967 at Liber 6114 p, 267. This Lot r24 is vacant and has been maintained by owner as a separate lot for future use. The adjoining land area (lot23) which has been deemed merged with this CTM lot 424). Lot 423 is improved with a single-family dwelling and consists of a land area of 17,424 sq. ft., lot width of 116.16 feet along Sterling Road, and lot depth of 150 feet (ref: survey dated October 26, 1959 prepared by Otto W. VanTuyl, Land Survevor. CTM Lot 424 shows that it also consists of part of Lot 52, part of Lot 51, and part of.Lot 50 from the Map of Nassau Farms. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 24, 1997 which reads as follows: "...under Article III, 100-25 Merger, a non-conforming lot shall merge with an adjacent Conforming. or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. Lot 104-02-24 has merged with lot 104-2-23. Action required by Zoning Board of Appeals...." J =ye 2 - October 9, 1997 1pIA. -4508: 1000-104-2-2d_ (;1. Melly) Southold Town Board of Appeals RELIEF REQUESTED BY APPLICANT: Request to un-merge with approval of a Waiver under Article II, Section 100-26 based on the original lot lines for lot identified on the current County Tax Maps as Lot 24, District 1000. Section 104, Block 2. Applicant has submitted proof of lot creation by metes and bounds description, (deed) dated February 6, 1967 recorded at Liber 6114 p. 267, REASONS FOR BOARD ACTION DESCRIBED BELOW: The adjoining northerly CTM Lot 7.5 is improved -�r�th a single-family dwelling on 1.4 acres,. or more of land area. The adjoining easterly CTM Lot 22 is improved with a single-family dwelling constructed about 1988, and is not merged with Lot 724 or #22 having been in separate names (Longo, Riedel, Dempsey, Schuster). I. The waiver will not result in a significant increase in the density of the neighborhood because the adjoining lot is already improved with a single-family dwelling, which will allow this corner lot to be improved with not more than one dwelling unit. 2. The waiver will recognize a lot that is consistent with and exceeds the size of lots in the neighborhood because other lots along Sterling Road consist of the same general size and similar layout, and also created by deed (rather than mapped lot lines filed with the County). 3- The v.•aiver will recognize the exterior dimensions of the original 1966 deeded lot lines. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. RESOLUTION'ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the Waiver, as applied. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DIN12I0 arjrd. TORTORA. This resolution -was duly adopted (3-0). (Member Dot;en of Fishers Island was abse G RA P. G EHRIN lrP rM11B,i An L Adopted October 9, 1 9 r �7•s�`•l . � _,+ %M1 CLERK Actions.all/104-2`2•' _' low .I01G'� -- S-2?2928 s i WAP,REN STERLING g2 j { I !23.41m� a 2 ol • w IL o. I. m 5� O z 0 of 13, 150 C O o q j' y0 T 70.00° STELING ROAD R } $UP.UEY FOR REFERENCE: f' I �10SEPH J. $ .P✓1.^ A.,RJORIE � MELLY MAP vFNASSAUFARMS �: . . FILED MAR.28,1935—MAP NO.1179 i . :`.AT PECONIC 'TOWN OF SOUTHO.D GUARANTEED TO: J 1F y5U FF0.LK COUNTY, N.Y. INTER•COUNTYTITLEGUARA.IVTYAND'MOR'�,G.A q -C^'�..j 4 - JOSEPHJ.BMARJORIE A•MELLY. --30 I r. FE6. 5, 1970 LAND SUS `YOR. 4 N.Y.S.L 1:.t11A,28723 FORM NO. 4 TOWN OF SOUTHOLD �� BURDING DEPARTMENT RECEIVED Town Clerk's Office Southold, N. Y. OCT 02 i) % • SOARD OF APPEALS Certificate Of Occupancy No��55 . . . . . . . Date . . . . . . . . . . . . 94 . . . . a . . ., 19. .75 THIS CERTIFIES that the building located atgterling Road. . . . . . . . . . . . . Street Map No. VaSo,. FX9. Block No. . . . . . . . . . Lot No. . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . Do t . .1.5, 19 73 pursuant to which Building Permit No. 6930Z . . dated . . . . . . . . .UCH . .1$.. . . ., 19.7a :, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .Private. one.Fats lly. . . . . . . . . . . . . . . . . . The certificate is issued to Jnseph. Melly . . . . . . .`.'tenor. . . . . . . I . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Rig. . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. pending. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . HOUSE NUMBER . . . J4.7.5. . . . . Street . . .*t1PP-UX'9- ARrAa . . . . . . . .. . . . . . . . . . . . . . . . Building Inspector FORM NO. 4 TOWN OF SOUTHOLD �� BUILDING DEPARTMENT F Office of the Building Inspector RECEIVED Town Ball Southold, N.Y. OCT ®2 2012 CERTIFICATE OF OCCUPANCY BOARD OF APPEALS No: Z-27778 Date: 06/28 01 THIS CERTIFIES that the building ADDITION Location of Property: 1475 STERLING RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 104 Block 2 Lot 23 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 23, 1997 pursuant to which Building Permit No. 24269-Z dated JULY 241 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION To AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOSEPH J. KELLY JR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL _N/A ELECTRICAL CERTIFICATE NO. N 529040 07 05 00 PLUMBERS CERTIFICATION DATED N/A thorized Signature Rev. 1/81 WARRANTY DEED WITH FULL COVENANTS (INDIVIDUAL AND CORPORATION) RECEIVED FORM 8008 (long version) CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FO SELLER AND PURCHASER BEFORE SIGNING. V T n") THIS INDENTURE, made theq�day of o - 2009 BOARD OF APPEALS between JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue,New York 11935 and JOSEPH J. MELLY, JR., residing at 1475 Sterling Road, Cutchogue,New York 11935, as to a life estate interest only, 10 party of the first part, and ons id�ra,�i a� JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue,New York 11935, �e-Ho'1 party of the second part, 104 .1 WITNESSETH, that the party of the first part, in consideration of one dollar, lawful money of �IOCk the United States,paW by the party of the second part, does hereby grant and release unto the party of the 2 second part, the heirs or successors and assigns of the party of the second part forever, D+ ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk and 3 State of New York, described as follows: part of Lots 50, 51 and 52 as shown on a map entitled"Map of Nassau Farms" and filed in the Suffolk County Clerk's Office on March 28, 1935, as Map No. 1179; and being more particularly bounded and described as follows: BEGINNING at a cc ncrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the corner formed by the intersection of the said northerly side of Sterling Road with the easterly side of Norton Road,;being the southeasterly corner of the land of Carlson; running thence north 4 degrees 14' 00" west 150 feet to land of Sterling; thence along said land of Sterling north 85 degrees 46' 00" east 116.16 feet to an iron pipe; thence south 4 degrees 14' 00"east 150 feet to the northerly side of Sterling Road; thence- along the northerly side of Sterling Road south 85 degrees 46' 00" west 116.16 feet to the point or place of beginning. SAID PREMISES being known as and by 1475 Sterling Road, Cutchogue,NY 11935. BEING AND INTEI TDED to be the same premises conveyed to the party of the first part by deed dated December 27, 2000,;:arid recorded in the Suffolk County Clerk's Office on February 13, 2001, Liber D00012102, Page 172. a 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 partyof the first part,in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust?fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the partyof the first part covenants as follows: FIRST. That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; 4. SECOND. Th t the party of the second part shall quietly enjoy the said premises; -1- NY2013 —Warranty Deed With Full Covenants—Individual or Corporation(single s CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of 'L►Qj� Qfn the year BETWEEN 2000 / JOSEPH J. M ELLY, JR., as surviving tenant by the entirety, residing at 1475 T 11'n Road, Cutchogue,New York 11935 �C �IND party of the first part,and UT. Q 2 20.? Io E3 D�-A ,OARD APPEALS G� JOSEPH M. MELLY;2390 Pine Tree Road, Cutchogue,New York 11935 ��151ili.�lo party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the part, the heirs o n or successors and assigns of the party of the second.part forever, �� ALL that certain plot, piece or parcel of land,:with the buildings.,and.improvemennts thereon erected, situate, lying and'being'in the near. Point;in the Town of Southold; County-of:Suffolk and State OC�G of New York, described,as.follows: part of Lots 50, 51 and;52 as;sliown:ori a map entitled "Map of Nassau Farms" and.;fiJed.in the Suffolk County Clerk's Office on-March 28, _d-'- 1935, as Map No. 1179; and being more particularly bounded and described as follows: 23 BEGINNING at a concrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the corner formed by the intersection of the said northerly side of Sterling Road with the easterly side of Norton Road, being the southeasterly corner of the land of Carlson; running thence north 4 degrees 14' 00" west 150 feet to land of Sterling; thence along said land of Sterling north 85 degrees 46' 00" east 116.16 feet to an iron pipe;thence south 4.degrees 14' 00"east 150 feet to the northerly side.of Sterling Road, thence along the northerly side of Sterling Road south 85 degrees 46' 00" west 116.16 feet to the point or place of beginning. SAID.PREMISES being known as and by 1475 Sterling Road, Cutchogue,NY 11935. THE PARTY OF THE FIRST PART HEREBY RETAINS A LIFE ESTATE IN THE PROPERTY HEREIN CONVEYED. TOGETHER with all right, title and interest, if any, of the party of the first part 1h `and to"any streets'and roads abutting the above-described,prelMses 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, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same, that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party-of the.first.part-will forever warrant the title to said premises. 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. RESENCE OF: O J. LLY 1 i• J _WARRANTY DEED WITH FULL COVENANTS (INDIVIDUAL AND CORPORATION) FORM 8008 (long version) CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE; made the ( day of 0(��pd , 2009, U between JOSEPH 1V1. MELLY, residing at 2390 Pine Tree Road, Cutchogue,New York 11935 and JOSEPH J. MELLY;;residing at 1475 Sterling Road, Cutchogue,New York 11935, a sRt�a life eesttate interest only, 10 party of the first part)and 0 C TCEIVED 2�1p �nsidera-Non � - JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue,New York OF APPEALS ��h0n parry of the second part, 100 WITNESSETH, that the party of the first part, in consideration of one dollar, lawful money of jIOCk the United States,paid by the party.of the second part, does hereby grant and release unto the party of the 2 second part,the heirs or successors and assigns of the party of the second part forever, Q� ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of Southold, County of Suffolk and State of New York,bounded and described as follows: i BEGINNING at a concrete monument at the intersection of the northerly line of Sterling Road with the easterly line of Norton Road as shown on a certain map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County,New York", dated January 31, 1935 and filed in the Suffolk County Clerk's Office, March 28, 1935, as map number 1179, and from said point of beginning; running along said easterly line of Norton Road North 23' 50' west 159.23 feet to a concrete.monument; running thence along land of Warren Sterling on a line parallel to said northerly line of Sterling Road, north 85' 46' east 123.41 feet to a concrete monument; running thence Southerly along land of Wiegands South 4°14' east 150.00 feet to a concrete monument on said northerly line of Sterling Road; running thence along said northerly line of Stei,�ing Road south 85' 46' west 70.0 feet to the point or place of beginning. SUBJECT to covenants, easements and restrictions of record. SUBJECT to any state of facts which an accurate survey may:show. SAID premises ar`part of lots 50, 51 and 52, as shown on Map of Nassau Farms, filed March 28, 1935, as map number,1179, SAID premises being known as 1375 Sterling Road, Cutchogue,New York 11935. BEING AND INTEl�TDED to be the same premises conveyed to the party of the first part by deed dated December 27, 2000,.and recorded in the Suffolk County Clerk's Office on February 13, 2001, Liber D00012102,Page 173. TOGETHER with al I 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 partyof the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the'improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. -1- NY2013 —Warranty Deed With Full Covenants—Individual or Corporation(single i CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. {THIS I"ENT17RE,made the da of m the year i p2� Y lvr►� Y BETWEEN 2000 JOSEPH M. MELLY, residing at 2390 Pine Tree.Road, Cutchogue,New York 11935, as'to'an-undivided ten percent(10%) interest and JOSEPH J.,MELLY,.residing at.1475 Sterling Road, Cutchogue, New York 11935, as to an undivided ninety percent (90%) interest, as tenants in common party of the first part,and -. JOSEPH M. MELLY, residing at 23.90 Pine Tree Road, Cutchogue,i York-11935`._,_ ?nsidera-I�o�i party of the second part, )jfo-h0(1 WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration L� paid by the party of the second part, does hereby grant and release unto the party of the part, the heirs Io C k or successors and assigns of the party of the second part forever, h ALL that certain plot,piece or,parcel of land, with the buildings and._improvements thereon erected, situate, G lyingsrl'dbeing ri the ;peq.9mc, Town of.Southold, County of Suffolk,and�State.-of New. York, bounded "U�" and described as.follows: BEGINNING at a concrete moil ent,at.the•intersection-of the northerly line of Sterling Road with the easterly line of Norton Road as shown on a certain map.entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York", dated January 31, 1935' and filed in the Suffolk County Clerk's Office, March 28, 1935, as.map number 1179, and from said point of beginning; running along said easterly line of Norton Road North 23° 50'west 159.23 feet to a concrete monument; running thence along land of Warren Sterling on a line parallel to said northerly line of Sterling Road, north 85° 46' east 123.41 feet to a concrete monument; running thence Southerly along land of Wiegands South 4°14' east 15 0.00 feet to a concrete monument on said northerly line of Sterling Road, running thence along said northerly line of Sterling Road south 85° 46'west 70.0 feet to the,point or place of beginning: . _ Said premises are part of lots 50, 51 and 52, as shown on Map of Nassau Farms, filed March 28, 1935, as map number 1179. BEING and intended to be the same premises conveyed to the party of the first part by a deed made and dated"tlie Z `h day-"`of December; 1996, and recorded in the Suffolk County Clerk's Office on December 31, 1996 in Liber 11808,page 561. . SUBJECT to covenants, easements and restrictions of record. SUBJE:`C71-cr'anystatg�,gf facts which an accurate survey may show. " ' 70SEPH J. MELLY, ONE OF TIDE PARTIES O�JgE FIRST PART HEREBY RETAINS A LIFE ESTATE IN THE PREMISES COWtY, ED HEREFN:�.11'"' 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-premis es 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; in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, 'and has good right to convey the same, that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party_of thef'irstpart_will..forever warrant the title to said premises. 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. RECEIVED IN PRESENCE 4 . / OCT 0 2 2012 BOARD OF AP P L JOS P MELL DOSE ` . M LY TITLE NO: F12-7404-87665SLTFF J' &� RECEIVED District: 1000 Section: 104.00 O C T 0 2 2012 Block: 02.00 Lot: 023.000 and 024.000 Town of Southold,New York BOARD OF APPEALS Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC certifies that the above-captioned property has been in single and separate ownership by Joseph M.Melly and his/her predecessors in title since prior to 4/1/1957 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousands Dollars($25,000.00)and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: 9/24/2012 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC SANDRA J. GOL SKI Sworn to before me this 24th day of September, 2012 l Notary Public AKIN HILL Notary Public,State of New YOdc Qualified in Suffollt County / Commission I,,xpires August 29,��( 1 TITLE NO. F12-7404-87665SUFF RECEIVED STATE OF NEW YORK) ss: Q C T 0 2 2012 COUNTY OF SUFFOLK) Sandra J. Goleski,being duly sworn deposes and says: BOARD OF APPEALS That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-104.00-02.00-024.000 and 023.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/1/1957. PART OF SUBJECT PREMISES: 1000-104.00-02.00-024.000 Ralph W. Sterling Liber 1899 cp 246 To Dated: 12/21/1936 R. Warren Sterling Rec'd: 12/26/1936 Premises &More R. Warren Sterling Liber 1975 cp 554 To Dated: 3/05/1938 Theodore A.Wiegand Rec'd: 4/11/1938 Premises &More Theodore A. Wiegand Liber 2187 cp 376 To Dated: 8/27/1941 Rudolf Carlson Rec'd: 9/12/1941 No proof of death of Rudolf Carlson found in Suffolk County Surrogates Court. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC AAdiz�—Q-Ayzev�- Sworn to before me this ANDRA J. GO ESKI 24th dLof eptember, 2012 Notary Public ANN DILL Notary Public,State of New Yorli No.5p3246Q Qualified in Suffolk Count' 0 /(� 2 Commission Expires August 29, (1/ Rudolph Wolinsky and Melvin Wolinski, as Liber 6114 cp 267 .�3 Executors of the Estate of Anna Carlson pursuant Dated: 2/06/1967 �� Letters Testamentary issued by Surrogates Court Rec'd: 2/15/1967 RECEIVED Nassau County, File No. 118642 To OCT 0 2 2012 Karin Szarf and Rolf H. Carlson Karin Szarf and Rolf H. Carlson Liber 6718 cp 268 BOARD OF APPEALS To Dated: 3/04/1970 Joseph J..Melly and Marjorie A. Melly,his wife Rec'd: 3/18/1970 No proof of death of Marjorie A. Melly found in Suffolk County Surrogates Court. Joseph J. Melly Liber 11808 cp 561 To Dated: 12/27/1996 Joseph M. Melly as to 10% interest and Rec'd: 12/31/1996 Joseph J. Melly as to 90% interest Joseph M. Melly as to 10% interest and Liber 12102 cp 173 Joseph J. Melly as to 90%interest Dated: 12/27/2000 To Rec'd: 2/13/2001 Joseph M. Melly Subject to life estate of Joseph J. Melly Joseph M. Melly and Joseph J. Melly as to Liber 12617 cp 474 Life Estate interest only Dated: 10/09/2009 To Rec'd: 1/19/2010 Joseph M. Melly LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this SANDRA J. G LESKI 24th day of September, 2012 Notary Public ANN HILL Notary Public,Mate of New York No.5Q32468 Qualified in.8nffolk County -)O/(� Commission E:cpires August 29, 3 PART OF SUBJECT PREMISES: 1000-104.00-02.00-023.000 Ralph W. Sterling Liber 1899 cp 246 To Dated: 12/21/1936 R. Warren Sterling Rec'd: 12/26/1936jp(p�� Premises &More RECEIVED R. Warren Sterling Liber 1975 cp 554 To Dated: 3/05/193'.8 OCT O 2 2012 Theodore A.Wiegand Rec'd: 4/11/1938 Premises &More BOARD OF APPEALS Theodore A. Wiegand and Liber 2756 cp 88 Mildred A. Wiegand, his wife Dated: 9/20/1947 To Rec'd: 9/25/1947 William Henry Jeffries and Premises &More Hildegarde Helen Jeffries, his wife Hildegarde Helen Jeffries died a resident of Suffolk County on 2/21/1951. William Henry Jeffries Liber 4710 cp 352 To Dated: 10/16/1959 Walter F. Luce Rec'd: 10/19/1959 Walter F. Luce Liber 4725 cp 364 To Dated: 10/19/1959 Joseph J. Melly, Jr. and Rec'd: 11/16/1959 Marjorie A. Melly, his wife No proof of death of Marjorie A. Melly found in Suffolk County Surrogates Court. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC v Sworn to before me this SANDRA J. G LESKI 24th day of September, 2012 Notary Public ANN HILL Notary Public,State of New York Plo.503246S Q::aliCied in Suffolk COuniy Commission Expires August 29, V 4 Joseph J. Melly, Jr., as surviving tenant by.the Liber 12102 cp 172 �j Entirety Dated: 12/27/2000 To Rec'd: 2/13/20QI RECEIVED Joseph M. Melly Subject to the life estate of Joseph J. Melly, Jr. OCT 0 2 2012 Joseph M. Melly and Joseph J. Melly, Jr. as to Liber 12388 cp 128 BOARD OF APPEALS Life Tenant Dated: 4/19/2005 To Rec'd: 5/02/2005 Joseph J. Melly, Jr. Joseph J. Melly, Jr. Liber 12447 cp 192 To Dated: 2/01/2006 Joseph M .Melly Rec'd: 4/26/2006 Subject to Life Estate of Joseph J. Melly, Jr. Joseph M. Melly and Liber 12613 cp 475 Joseph J. Melly, Jr. as to Life Estate Interest only Dated: 10/09/2009 To Rec'd: 1/19/2010 Joseph M. Melly LAST DEED OF RECORD PREMISES NORTH: 1000-104.00-02.00-007.005 Ralph W. Sterling Liber 1899 cp 246 To Dated: 12/21/1936 R. Warren Sterling Rec'd: 12/26/1936 Premises &More R. Warren Sterling died a resident of Suffolk County on 4/03/1943. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this SANDRA J. G LESKI 24th day of September, 2012 1 Notary Public ANN HILL Notary Public,state of New York No.5032463 I , Qualified in 5uffo1l:Count,' �0 C/.�L commission Expires August 29, 5 Adele H. Sterling, individually and as Liber 2914 cp 437 Administratrix of the Estate of Ralph Warren Dated: 10/29/1947 Sterling a/k/a R. Warren Sterling late of Southold Rec'd: 1/18/1949j 3 To Premises &More CC11// Edythe C. Romeo " RECEIVED Edythe C. Romeo Liber 3063 cp 378 O C T 0 2 To Dated: 6/09/1949 Mabelle Dempewolf Rec'd: 4/11/1950 BOARD OF APPEALS Premises &More Mabelle Dempewolf Liber 7626 co 584 To Dated: 1/04/1974 Michael D. Romeo, Jr. Rec'd: 4/26/19,74 Premises &More Michael Romeo Liber 10583 cp 366 To Dated: 4/11/1988 Joan Bacon Ferris and Rec'd: 4/15/1988 William Ferris, III Premises &More LAST DEED OF RECORD PREMISES EAST: 1000-104.00-02.00-022.000 Ralph W. Sterling Liber 1899 cp 246 To Dated: 12/21/1936 R. Warren Sterling Rec'd: 12/26/1936 Premises &More R. Warren Sterling Liber 1975 cp 554 To Dated: 3/05/1938 Theodore A. Wiegand Rec'd: 4/11/1931 Premises &More FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC sjw—� 0. A's Sworn to before me this §ANDRA J. GOLFHKI 24th da of September, 2012 Notary Public Notary public,State of New 6 No.5032469 Qualifled'euSrffolust29A r��iIIg � CO;rr`Iissior l;xPi Theodore A. Wiegand and Liber 2756 cp 88 Mildred A. Wiegand, his wife Dated: 9/20/1947 To Rec'd: 9/25/1947 RECEIVED William Henry Jeffries and Premises &More Hildegarde Helen Jeffries, his wife O C T 0 2 2012 Hildegarde Helen Jeffries died a resident of Suffolk County on 2/21/1951. BOARD OF APPEALS William H. Jeffries Liber 3692 cp 576 To Dated: 5/08/1954 Richard H. Schuster Rec'd: 5/13/1954 Richard H. Schuster Liber 7694 cp 42 To Dated: 8/11/1974 Mario Canaletti and Rec'd: 8/13/1974 Flavia Canaletti, his wife Mario Canaletti and Liber 8963 cp 368 Flavia Canaletti,his wife Dated: 1/28/1981 To Rec'd: 2/23/1981 Renate Riedel Renate Riedel Liber 9447 cp 163 To Dated: 9/30/1983 Robert Barbach and Rec'd: 10/25/1983 Nancy Barbach, his wife Robert Barbach and Liber 9954 cp 456 Nancy Barbach, his wife Dated: 1/03/1986 To Rec'd: 1/13/1986 John R. Dempsey FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC Sworn to before me this SANDRA J. 60LESKI 24th day of September, 2012 Notary Public ANN HILL Notary Public,State of New York No.5032468 Q1:ali6ad is Sat€oil{County 7 Corn missior.Expires Aagast 29, r - John R. Dempsey Liber 10763 cp 414 To Dated: 11/28/1988 Frank Longo and Rec'd: 12/27/1988 Fannie Longo, his wife No proof of death of Fannie Longo found in Suffolk County Surrogates Court. Frank Longo, husband of deceased, as Executor Liber 11733 cp 995 of the Fannie Longo's Estate who died 9/03, late of Dated: 12/08/1994 Bronx,New York Rec'd: 7/20/1995 To as to 50%interest Carmela Paciullo Carmela Paciullo a/k/a Carmela L. Paciullo Liber 11896 cp,689 To Dated: 6/02/1998 Frank L. Longo a/k/a Frank Longo Rec'd: 4/27/1998 as to 50% interest Frank L. Longo a/k/a Frank Longo Liber 12123 cp 774 To Dated: 6/04/2001 Gary P. Longo Rec'd: 6/13/2001 Subject to Life Estate of Frank L. Longo a/k/a Frank Longo Gary P. Longo (as to fee interest) and Liber 12484 cp 186 Frank L. Longo a/k/a Frank Longo as to Dated: 11/16/2006 Life Estate Interest Rec'd: 12/22/2006 �� To David D. Rohde RECEIVED LAST DEED OF RECORD OCT 02 2012 PREMISES SOUTH: STERLING ROAD BOARD OF APPEALS PREMISES WEST: HORTON ROAD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this SANDRA J.tOLESKI ' 24th day of September, 2012 \ KAO Notary Public ANN HILL Notary Public,Btatc of New fork 8 No.5032468 Qualified in Suffolk Conn fY Commission Expires August 29, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 3 -7S VILLAGE DISTRICT SUB. LOT ,.J-J 6,4-6 J--Q !et- /d7 q FORMElk OWNER N E �-�-- �-- ACREAGE y S --// W / TYPE OF BUILDING z7d it 7t6 f'e. a�A RES. SEAS. VL, FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value 31 ( '-AND IMP. TOTAL DATE REMARKS 2 r6.— ` y .r&1e, Ad— D �D(/J/A�J'/.Id. I�Al t- to J-zaw D�� - DDI�. , ,s77' . D, ' I- 7 �3 .:Z - 5 _KZ-4/ -1 o_ 0 4- .f pad © 4 D 3 — P11 l Li qPc rno 46 AGE BUILDING CONDITION fD1 I f 0 - �pse _ Mel f v re)e i, s -qF — es-�44c-, NEW NORMAL BELOW ABOVE FRONTAGE ON WATE Farm Acre Value Per Acre Value FRONTAGE ON ROAD ' J_3 lable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Woodland Swampland Brushland House Plot Tota I o a _ TOWN OF SOUTHOLD 140OPERTY RECORD CARD OWNER STREET P� VILLAGE DISTRICT SUB. LOT �, �. .o� ra�J---� - A / / Ply �h � � (�U c r� f�� (a a J` a FORM R OWNER N `� E ACREAGE VIA--fi-1t1q S /)oa W W . yvi jA:L �/ . TYPE OF BUILDING RES. o SEAS. VL. FARM COMM. I IND. I CB. I MISC. I st. Mkt. Value ' NND IMP. TOTAL DATE REMARKS Li ! 3 o Q & 3 ! 7 3 iJ L D . I�E�C' G 3a Z' u a D D D i o�v �� C. '1eOC , r 6 �• ` / 1-� ".i ' LAP CR LA OL C C cJ c.� Z{ ��'aJr. 4o Mt;[b - BUI DING C�NDI*N \ v/Z� 3 .� FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD a/ CE o ible 1 - BULKHEAD /� 1 25 I ZR- If 402 i^ ellr1--h C- Tillable 2 DOCK I, 054' Tillable, 3 / O Woodland l a - 0 .� • 1'12 r S �` Swampland 1 C7 CO 0 - l 3A L17 'MPJ hl t 2r1O meu - L Brushland dp i C House P Tota fL ME ��.' dit rP ar ,v0yyc��.aA7P4�BC��S" '�� K.� k 1$s�� ■■■1�N�■��■� u ME np Ill WE el, OEM NJ 1 SN■ mil■■N I A ■■11 ■mm_ ■ sal■■N■ ■ NN.■.r.N r i C Y' 1 UFF01/r ELIZABETH A.NEVILLE,MMC �� .�, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 ti 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS & Fax(631)765-6145 MARRIAGE OFFICER Ol �a0`' Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 4, 2012 RE: Zoning Appeal No. 6603 Transmitted herewith is Zoning Appeals No. 6603 of LeeAnn Romanelli for Joseph Melly- the Waiver to Unmerge Property-Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Lot Waiver Questionnaire, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Joseph Melly to LeeAnn Romanelli to Represent him in this Matter, Receipt for Disapproval &Copy of Application for Building Permit with Disapproval Dated June 14, 2012, Three Pages of Findings &Determinations Dated October 9, 1997, Copy of Certificate of Occupancy No. Z6755 for Private One Family Dwelling Dated October 30, 1975, Copy of Certificate of Occupancy No. Z-27778 for Addition to an Existing One Family Dwelling Dated June 28, 2001, Two Sets of Recorded Deed for 1375 Sterling Road, Cutchogue, Two Pages of Property Record Cards, Copy of Notice of Disapproval from Building Department Updated September 10, 2012,Notice of Disapproval from Building Department Dated June 14, 2012, Eight Page Copy of Title Insurance Report Dated September 24, 2012, Copy of Survey Showing Both Properties Dated August 20, 2012 Prepared by Peconic Surveyors, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/04/12 Receipt#: 142626 Transaction(s): Refe c Subtotal 1 1 ZBA Application Fees 6603 $750.00 Check#: 3909 To id: $750.00 Name: Melly Jr, Joseph J 2390 Pine Tree Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6603 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/2/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6603 Melly, Joseph 3909 $750.00 OCT 4 2012 Sj)ut,1-4oj%-'9q1rw-wn Clark $750.00 By_lc_ Thank you. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. .� Office Location: Gerard P.Goehringer = Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider O1�C00 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, NOVEMBER 1, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1119, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 1, 2012: 1:00 P.M. — JOSEPH M. MELLY #6603 - This is a request for a Waiver of. Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-104-2-24, based on the Building Inspector's June 14, 2012, updated September. 16, 2012 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-104-2-23, located at: 1375 and 1475 Sterling Road (corner Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 23 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.TothOTown.Southold.nv.us Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 f F TOWN OF SOUTHOLD t ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS Fur i (Name of Applica ) SCTM Parcel # 1000- Qt - d COUNTY OF SUFFOLK q Dq C STATE OF NEW YORK 10 - L) l 3 .� lq-ca",-ra 5 s I, ue In 1 )MAf e--( residing at �,Ca M,C 5U.4-V New York, being duly sworn, deposes and says that: On the 10A day of f ib , 20a I personally mailed at the United States Post.Office in , New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )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, surroundin the applicant's pr eA (Signature) Sworn to before e this day of Oc 1 , 20 1-1- CONN1E D. BtJOVCFi & ` _ , ) Notary Public,State of NeIN York (Notary Public) Qualitled in Suffolk County Commission Expires Aprii 14, Olb PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. i Postal Postal Servibe.,rm tRECEIPT i MAIL, RECEIPT I Er Co (Domestic Mail • No Insurance verage.Pro.vi eq) Do • . . .• . .-• ul lrlHOiiE iM grCIAL USE ' � t yam' Ln Postage $ t7"T 0 O 1 `n Postage $ $0.65 0971 I ra ®u • � Certified Fee $�• Z r9 Certified Fee $7.95 �O tmark Postm Return Receipt Fee ?,35 ere Re tum Receipt Fee ��.35 Here Q (Endorsement Required) v C7 (Endorsement Required) lop Restricted Delivery Fee 0 4b Restricted Delivery Fee �.04 I p (Endorsement Required) �� C] (Endorsement Required) -0 -0 1 C3 Total Postage&Fees $ 5/2012 C3 Total Postage&Fees $ $5.95 /20 ��`O rl Sent To p ent o - rl - - _ -� -- -�------•---- ---- r9 -------- -- -------------------_. O Street,Apt. o.; yyyttt C7 Street,A 700.; . or PO Box No. 1 I -_ -"- --- fti or PO Box No. - ------- - `-p-- -- - •--- - ---------------------------------- City,State,ZIP+4 Ciry,State,Z1R+ I/S V`�6 ( Postal ' • CERTIFIED RECEIPT r ' i flI • ,(Domestic Mail Oniy No;Insurance Coverage Provided) (Domesthe Mail Only;No insurance coverage-Prov!ded) • • '' e M J A;TCC4 145,2C• U E Iti tom- Ln Postage $ $0.65 Lrl Postage $ $0.65 0 U T' r� Q V r-qNo Certified Fee 2.95 ', Certified Fee $2.95 0 �® o Post r-qO tmark Return Receipt Fee Q Return Receipt Fee (Endorsement Required) $2.35 Here � (Endorsement Required) 2.35 '� Z Restricted Delivery Fee Restricted Delivery Fee �� C7 (Endorsement Required) Q.04 N `� Cp (Endorsement Required) $Q•00 IV Total Postage&Fees $ $5.95 1 M Total Postage&Fees $ $5.95 10 �2 '� rq 1:3Sent To `1 Sent To ► (_ r� v rR �� - ---------------- - Street,ApE70o:F- - -- - ----------__..._ bme -P ........ _...-- C7 Street,A"t 1((0. or PO Box No. _ 5� 5.. [� orPOBoxNo. ��[ ` rnI/��/� VWy !---- Ciry,State,ZlP+4 /^-n'-"C.^� ..-_..__w..------._. Ciry State,Z;P+4 ,CAS P`( ` ` 21 Postal U.S. °• CLERTIFIED 'ILM ® ° CERTIFIED, RECEIPT , , Ln 0• • . e ..- • •'• I f'U I. Only, • Coverage Provided) m =elftIC Y 11�i3 r �E. rm BA&R��lY =11705�,�� (i �E ��, RJ e�= c lti Ln Postage $ $0• U T � Postage $ $0.65 0971 Certified Fee 03 Q % i rl Certified Fee $2•.•95 � Q Return Receipt Fee �• rk Return Receipt Fee Q Po (Endorsement Required) V 35 �s ` (Endorsement Required) $2.3 He C7 Restricted Delivery Fee Restricted Delivery Fee 80. �1r v p (Endorsement Required) �i �� I C7 (Endorsement Required) 0 Total Postage&Fees $ $5• 1 Y 9-012 Total Postage&Fees $ 5.95 15 rR e' � Sent To Sent To p -------•--- --- ---------- C3 - = r C3 Street,Apt.No.; C] Street,Apt T7o.; (� or PO Box No. � f`- or PO Box No. -- �--- `iii --- - - -- --- ... .. .........�,...... City,State,ZIP+4 - Ciry'Siaie,-ZIP+4 �I l 3 S I st,200. •N f PP C TOWN OF SOUTHOLD ZONING BOARD OF APPEALS y SOUTHOLD,NEW YORK AFFIDAVIT ` OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #10.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) f I, ( residing.at C New York, being duly sworn, depose and say that: On the day of , 201a, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be��10 / , o�� (Signature) Sworn to before rye this Day of , 201 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. N > 5 c1, 0 N ° •= iU • • • COMPLETE THIS SECTIONON DELIVERY o } z d } ■ Complete Items 1,2,and 3.Also complete A. S atur ❑Agent o - Item 4 if Restricted Delivery is desired. ■ Print our name and address on the reverse X ❑Addressee E 3 r so that we can return the card to you. B. Re eived by(Printed Name) C. Dat of D livery E ro ^m I ■ Attach this card to the back of the mailpiece, w a-� N d C3 or on the front if space permits. D. Is delivery address different from item 1? Yes ZZ m 1. Article Addressed If YES,enter delivery address below: ❑No v � 1311❑ f a) f • (�� v�i mi o r.I13 rq f J8 ccc►: 3. Service Type y w N❑❑❑ ¢ I Q Car): S ❑Certified Mail ❑Express Mail ❑Registered El Return Receipt for Merchandise m f.:p ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ( `� L.� a) E 2. ArticleNumber - °� I:rl ❑ 7013 1060 ':00'•01 1573'i4`64'2:i 'o- < o (Transfer frbrn'seivice'label)' ' - ' PS Form 3811,February 2004 Domestic Return Receipt ia2595-02-M-154T) T m O_a) '15 CL Lam/ • • • / / / / °'Comma _ N ■ Complete items 1,2,and 3.Also complete A. Signature `« item 4 If Restricted Delivery is desired. X ❑Agent w m w o ° o + ■ Print your name and address on the reverse r ❑Addressee m v u_ so that we Can return the Card to you. B. Received by( ed Name) C. D to of elivery w m m c�i o ■ Attach this card to the back of the mailpiece, m m N E E @ r or on the front if space permits. G 0 3 me z'1 co D. Is delivery address different from item 1 ❑ s it T m t m m �N + 1`Article Addressed to: If YES,enter delivery address below: ❑ No +�`o o —� ti 1 a U) o j o l C a l / `° 7 ROK }( ( o � L l�� 3. Service TypeC > z aEi rn f ❑Certified Mail ❑Express Mail o ❑❑ o ❑ c I ❑Registered ❑Return Receipt for Merchandise 'P a I ❑Insured Mail ❑C.O.D. f U E o � � I—•-• 4. Restricted Delivery?(Extra Fee) [3 Yes i `` a ¢ -7010 - - a 9 � I E d 2. Article Number,. E„ 14 + + + 1060, 000'1 1 11573 ' 46 i ' .I VD c°i rwu: (transfer from serv/ce labeq+ + , + 111 ! + + + , I , i ( 5,9 l 1 I I .I l PS Form 381 1-,F.2bruary 2004 Domestic Return,Receipt t102595-02 M 154¢ ❑❑❑. v a) Cd. o, M1ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION O:V DELIVERY —2 6 :: d H� 7 iE �i t a ■ Complete items 1,2 and 3.Also complete A. ig tut N — item 4 If Restricted Delivery is desired. �13 gent of d 23 W- ■ Print your name and address on the reverse ddressee. I E E so that we can return the card to you. 0 B, R e' d by( ht ) C. Dale of D ivery j C3 ¢ ■ Attach this card to the back of the mailpiece, /6 0702 7 `�+ I -p ° or on the front if space permits. tZ. ai fp:: D. delivery address different from item 1? ❑Yes aai I "' E 1. Article Addressed to: a r� If YES,enter delivery address below: ❑No _ M..... o m f° E I � ' < <� ( iWY Sled E C3000 1`�� ! `�✓� 3. Service Type �t�.a) �. JJ� . . 1. W.. N ❑Certified Mail ❑Express Mail o --� 0 ❑Registered ❑Return Receipt for Merchandise {m°0 o 2 ❑ Insured Mail ❑C.O.D. m ro N ii 4. Retrigee Extra Fee . . . . . . ... . sted Delivery?( ) ❑Yes m to•.. v` a._E r 2. Article Number; i i i i 0 0: t.L ¢ z..• co �J7010 1060 0�07;° 1'S73 4635 I (Transfer from service labeo w m o a o� L o I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Q ° ¢ u_ .__ _ _ __ _ ■ .- N ice• - s e SEE SEC.N0.098 NArcx Z——� N ve awi s a s Z CREEK SChD.s—_E 2 LD.4 m'�"uM 14 ab F.D. c� -3 '+e' a 12.9A(e) LD. �a 8 P a s` ,� .a a a•.� — ,x a •� h e `,\ .�' �d S;'`�'h 01 ,y°' �, g yF 6 A — namE«w= ..-� $p �,,,,,;� J20 F'°u< <,v� _1,s�° ulHo� so �.. s' �� a. „s $-ry � try. � s cei m 1p 5,-`m�r a,�,,a a a•: a 4P d�` ♦0. a'AP O.' ,m' ,00 ivi aS,9 a �, o s ,aW g �g9 . 11P .a: re �' $ •F' ` a � 'e �' ,5 s w� c a�a,s a an v 1, � �, �ee51 ,0 rn ,,n ±9 p � s e a .�� a 17 13.6A(c) .• '_ (.,r .�3 1 m 11�• d 3 g \'� � CUTCHOGUE-. \l>G 0 NEWSUFFOLK r' QY 8 PARKDiSIRICT omp Too BROADWATERS COVE s " TOWN OF SOUTH( 1.4 12 9h 31.3A(c) a a a o y ;� ryhpP\cl A +s :fa yh 6 7 _ •\. r� a yi s`�3+ 5 P\d $ •� 'fir �' ¢ a, - "a ��e.'`_ . i i mn ov imn 3 2 e. '• '.� R s '. �� - - .,/•D G �� gel•. ab� � S bn4-4 4 � NAyWATER COVEio J �a, 77 OROP�' m o 2 sn µon Ilk - 5 : as 01) 13 "ap a9T 14 Q.) io4 -oa - � S l04 �� 1 `l Wn ( ia,v, -ferr; s (� ichord I.an en^�'SS 3ao `b� l�er�es� � ry 13�o S�I,� ti��% Cud-I�eHg.,� ✓ C�"�+'c fo4 - va - ate David is �s Slerl� � C gs- l6'k -bt . zCP Jarr�n 6�r�, ✓ flaC �1e�i �n� qqo Owy V 3O'� P,Lk Nv , 1 -70s lc4— Uf— � 3 (�E�Nic�lef4z ��¢� w is�i 3s� mrdf�wl Pro y � anlair9. � NY � 143Z NOTICE OF HEARING The following application will be heard by the Southold Town board of Appeals at Town Hall , 53095 Main Road, Southold: r'AME MELLY, JOSEPH M . #6603 FIAP # 1040=2=23 & 24 VARIANCE MERGER DETERMINATION REQUEST UNMERGE UNDERSIZED LOT DATE : THURS NOV. 1 , 2012 1 : 00 PM 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 . _ONING BOARD -TOWN OF SOUTHOLD 765 = 1809 V\� fij L• \1/ #10905 IQ 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 Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 25th day of October, 2012. Principal Clerk _ Sworn:to before.;me this ' day of v 2012. LEGAL NOTICE on an application for building permit SOUTHOT D:TOWN ZONING to construct an addition to an existing BOARD OFAPPEALS accessory building at:1)more than the THURSDAY.NOVEMBER1,2012 code permitted maximum height of 22 PUBLIC HEARiNGS feet,2),more than the code permitted U-,/- Town NOTICE IS HEREBY GIVEN,pur q suanttoSection267oftheTownLawand s uarefoarkAvf3%•ma. mum,locatedat:1700 Park Avenue(adj:to Great Pe.Code Chapter 280(Zoning),Town conic Bay)Mattituck,NY.SCTM#1000-of Southold,the following public hear- 123-8-5 CHRISTINA VOLINSKI ings will be held by the SOUTHOLD 11:15A.M.—DIANEB.RYAN#6601 NOTARY PUBLIC-STATE OF NEW YORK TOWN ZONING BOARD OF AP- - Request for Variance from No. 01 V06105050 PEALS at the Town Hall,53095 Main Article Road; P.O: Box. 1179;Southold,.New In pIII Section 280-124 and the Building eualified In Suffolk county Ins ector's September 18,2012Notice of York 11971 09$9 on THUNR OAY.NO Disapproval based on an application for My Commission Expires February 28, 2016 FMB— Olt.;, building permit'for partial demolition 10-00 A M _KIMOGENOR POINT and additions/alterations to an existing INC.(BINGIIAMI I 46556': Reopened single family seasonal dwelling at:1)less by Resolutiori for the sole purpose of than;the code required front yard set- reviewing the_,proposed-;construction back of 40 feet;both streets on this cor- method for Mfe,_foundation aAd' ille ner lay located at 320=Fleetwood Road preseryatron.of;portions' ing dwellingof the ''exist as:descrt¢eil:and`granted comer Hamilton Avenue) Cutchogue, `1` 'SCTIVI#i000 110 4 13 Horton Road)Cutcho ue,NY SCTM#'s i' at the ongmal decision #O556,located 1130 A:M DAVID KORCHIN and g at 50 Jackaan Street Nerd Suffolk,NY. JOAN RENTZ#G604 1000-104-2-24&23 5CIM#1000 116 6 24 1 Request forVari- 1:20 PM BEE-iHVE DEVELOP ances from Article=.11 Section 280- 1b.30 A M MICHAEL and DEB, 124 and the Building Inspector's July 27; MEanc from RP.#6605-.Request for Vari- The Board of Appeals will hear all RA OMPSQN g6600 Request:for ?Al2,updated October 4,20h Notice of Article XXII, Section 280- persons or their representatives, desir- Variance from Article XXIII Section Disapproval based.on an application for 116(B),basedonthe$uildinginspector's ing to be heard at each hearing,and/or PP August 14,2012 Notice of Disapproval. , desiring to submit written statements 280 12 0;t _,}te 2:a..N ng Irtfpe isapz deck ad Permtt for`.'as built"shed and conceming an application for construe- . before the conclusion of each hearing. September 20 20x2 Notice of Disap= deck addition to an:existm .sin a fam- Prove_e p il dwelling at 1)less thanghe ode-re- '' lion of a new single f Each hearin will not start earlier than d pn an_.R hcation for build y g1 family dwelling at: g p 1)less than the code-required minimum designated above.Files are available for ing peiplf for artia demolition aril qufied minimum side yard setback of 10 setback of 75 feet from a bulkhead,le.- review during regular business hours second story rc collsfiVchan to an exist ' 'feet 2)less*than the code required rear sated at; 400 Old Cove Blvd. (corner and prior to the day of the hearing. If ing smgle lamtty da eihilg at..1)lesslhan yard settiaek of 35 feet located at:2085 Beverly Rd.)`(adj. to Arshamomaque you have questions please contact our ;he cone requtreil.°mmrIn. '1stde Yazd Bay Avenue(ada to.;Mahon Lake).East r pond aka setback of 15 feet,2)less than the code 1Planon NY SCVVU1b-00 31 17-3; M� Creek) Southold, NY office at, (631)_765-1809, or by email: required combined'side yard setbacks - 1,00 PM: JOSEPH M=:' SCI'M#1000-52-2-14 Vicki.Toth@Town Southold nyus of 35 feet,located at 9i!80 NassBu'Point #6603 Z1ns:is a request for a WMaivEer of 1'�P.M —MIC`HAE a Dated:October 17,2012 .L i Rpad.(adj.to,Peconic Bay)_.Cutchogue Mr rger vier Article I,-;: Sectdq; 80 KAVOURIAS#6606-Request for Vari- ZONING BOARD OF APPEALS NY SCTM#1000-118-6-6 1t).A to un terge land identrfiecl'a"s S'' amce from Article XXIII Section 280-124 LESLIE KANES WEISMAN,CHAIR- - #1000-104-2-24 based on,the B M and the Building Inspector's October 2, PERSON BAK—OV 1f6602-Request for Variances IPecto's June 14,2012,updated Seng 2012 Notice of Disapproval based on from Article III Section 280-15(B&C) P. an application for buildin BY.Vicki Toth tember 10 2012 Notice of Disapproval, g permit for 54375 Main Road(Office Location) and the Building Inspector's September which.states'adjoining confo'rmin . or additions and alterations to an exist- I 53095 Main Road(Mailing/USPS) 24, 2012 Notice of Disapproval based nonconforinin lots' held in coin non mg dwelling at: less than the code P.O.Box 1179 ownership shall merge until the total lot be.h sire iuired s on hisnt a Omer lot located setback of at 10 905-1T 10/25 Southold,NY 11971-0959 size cbnfoms to the current bulk sched- 1240 Inlet Drive(corner Miriam Road) ule(minimum 40,000.square feet in this Mattituck,NY SCTM#1000-99-2-6 R-40 Residential Zone District)this lot is merged with lot 1000-104-2-23,located at:1375 and 1475 Sterling Road(corner 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: bqp://southtown.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 2012 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 October 15tn: 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 October 22nd: 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 October October 24t" 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 October 30, 2012. 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. BOARD MEMBERS ��F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O� Ty�l 53095 Main Road•P.O.Box 1179 h O Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ,'�c� • �� 54375 Main Road(at Youngs Avenue) Ken Schneider l''COO Southold,NY 11971 http://southoldtown.northf.ork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 December 7, 2012 LeeAnn Romanelli P.O. Box 909 Southold,NY 11971 Re: ZBA# 6603 —Melly Lot Waiver Dear Ms. Romanelli: Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals rendered on December 6, 2012. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records. Sincerely - - - Vicki Toth Enc. Cc: Bldg. dept. *� 4 YW0&-.^F� ��•+'� V�'3'�`'4'°`i��3�� *^s�n�$�ci�k�i��^�r�t'�YS'Y's+�•�F� y�� `p - 1..y�7'i�$t-�'� .� .3�{Frx��'�'e'��,ai 7i+��.��yr��3 .�n �rE a�.wz F�-.�_T��3'1 S,,t„ )�.a s:�' • ,�, ...�� ^4v,�.,,. =��'"' "a -y rM " m; SEE'SEC.NO.07fi UTTLE J s a p CREEK AND,g �p - `'• . N .� -.�8 •� LD.• 14 4b FD.Y,J '12.8A(c) LD. a h oG o 13'Q,.Ul � ,y. .,°8` ,� d�'��, � � "s Zo. ,d. l`•A } 2d y0� $ 2 Rt¢;�, 22 y° i�\ .8:• a,+ 0 3 fi` b �° P ,5 s t�i a, t t,e, ,00 to 1g �„ `` ,w t l°9S wt t o � 3 4 Z? ,cu g�r,°i•a,° '19 ,1 .+� h ,w PJE- • ,� 13.6A(c) ::- •. LsCUTCHOGUE- �%,' 9 NEW SUFPouc PARKaSlwcr !o a BROADWATERS COVE ' e0, s -„' .,h TOWN OF SOUTHI 12 1.BA(e) a '�' .P. �''G •". en �,'p'• g� A �° Wit. ;� 31.3A(e) IN P CDD mn `• 6 q .� � ��'aM i � 1 �.nat nmt �I tmn' \ O 3 2 � .,. /�� 1 'VJ"4cj .7A 7p o G ��/ !% S ea m: i nn a O 's 3 pat HAYWATER COVE io • � ;� 1e Z Poll �4 72� •� .d�! , gyp, /B cecz �iM- 14 B 8`1.8�`�i W aaq hb