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HomeMy WebLinkAbout8104 rile -dW A444ftz K 0 L) - 2-C - vp�1 ��� WOL'reir Of nY) M f V( LA-;d,(f, kt 5-Lf- i� I I ( 2IIS0 A C) fH �I� 1� , ��� lay, ����.�a �i/3�a� Owner: Steven BruniMohammed N 0 Rev Trust Address: 970 Salt Marsh Ln990 Salt Marsh Ln Code: 25MS i Agent Info Elizabeth Baldwin Esseks, Hefter, Angel, DiTalia & Pasca, LLP Riverhead, NY 11901 Phone: 631-369-1700 Fax: 1 Email: ebaldwin@ehalaw.com BOARD MEMBERS *riF SU!/lyo Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento G'nc �O Town Annex/First Floor Margaret Steinbugler OI�C�(I 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtownny.gov IM ZONING BOARD OF APPEALS Pa Ep _ 4 20� TOWN OF SOUTHOLD Tel. (631) 765-1809 94- xneu�� Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 3, 2026 ZBA File No.: 8104 Applicants/Owners: Kimberly and Steven Bruni Property Location: 970 Salt Marsh Lane, Peconic,NY SCTM No. 1000-68-3-8.3 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 38,508.4 square foot(22,081 square feet buildable) parcel in the R-40 Residential Zone with a northwest property line of 89.84 feet along the Long Island Sound,a northeasterly property line of 398.30 feet adjacent to a residential parcel,a southerly property line of 151.54 feet along Salt Marsh Lane, and a southwesterly property line of 323.26 feet adjacent to a residential parcel. The property is developed with a one-story seasonal frame cottage dwelling with front and rear wood decks, a rear patio, and wood steps to the Long Island Sound, all as shown on the survey prepared by Kenneth M. Woychuk, L.L.S, last updated December 12, 2025. BASIS OF APPLICATION: Request for a Waiver of Merger under Section 280-1 1 to unmerge a land area of 38,508.4 square feet (22,081 square feet buildable), SCTM No. 1000-63.-3-8.3, developed with a seasonal cottage,from an adjacent land area of approximately 35,000 square feet,SCTM No. 1000-63.-3-8.4,developed with a one-family dwelling and accessory garage, based on the Building Inspector's October 27, 2025 Notice of Disapproval pursuant to Section 280-10, determining the properties have been merged. "A non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50)feet or more in distance. Non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements," located at 970 and 990 Salt Marsh Lane, Peconic, NY. SCTM Nos. 1000-68-3-8.3 and 1000-68-3-8.4. Page 2, September 3, 2026 #8104 Kimberly and Steven Bruni SCTM No. 1000-68-3-8.3 ADDITIONAL INFORMATION: The application included a chain of title report from Fidelity National Title Insurance Services, LLC, and dated July 14, 2025, showing the following chains of ownership: Subject premises SCTM No. 1000-68-34.3: Conveyed May 28, 1943 from Martha Salmon Robinson and Carrie C. Salmon to Nelson Axien; Nelson Axien died a resident of Suffolk County October 13, 1983 leaving Elaine Axien as sole devisee; Elaine Axien conveyed title out in 2006 to Jonathan Gilson and Regina Ebel, his wife; Jonathan Gilson and Regina Ebel subsequently conveyed title in 2018 to the applicants. Premises west SCTM No. 1000-68-3-8.4 Conveyed May 28, 1943 from Martha Salmon Robinson and Carrie C. Salmon to Nelson Axien; Nelson Axien died a resident of Suffolk County October 13, 1983 leaving Elaine Axien as sole devisee; Conveyed July 6, 1987 by Elaine Axien to Noel O. Mohammed; Conveyed February 22, 2000 by Noel O. Mohammed to Noel O. Mohammed and Blanca Lilia R. Mohammed, his wife, and transferred thereafter to Trusts associated with the Mohammeds. Premises to the east SCTM No. 1000-68-3-8.2 Conveyed May 28, 1943 from Martha Salmon Robinson and Carrie C. Salmon to Nelson Axien; Conveyed September 20, 1978 from Nelson Axien to Edward Pochtrager and Charlotte Pochtrager, his wife; Since said transfer was made before the Merger Law provision requiring single and separate ownership after July 1, 1983, this parcel is not subject of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The standards for the granting of a waiver of merger are contained in Section 280-11 of the Town Code. Sections 280- 11(A)and(B) require that the Board engage in a two-prong test before granting a waiver of merger. Pursuant to Section 280-11(A),the Board must determine whether the lot proposed to be recognized has been transferred to an unrelated person or entity since the time the merger was effected. If the lot has been transferred to an unrelated person, the lot is not eligible for a waiver of merger. Pursuant to Section 280-11(B), if the lot has not been transferred to an unrelated person, the Board must engage in a balancing test of three factors to determine whether the lot is eligible for a waiver of merger, namely, whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation, and (3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The Zoning Board of Appeals held public hearings on this application on June 4, 2026 and August 6,2026,at which time written and oral evidence were presented. A chain of title search was presented as evidence as part of the application submission package. The chain of title search was completed by Fidelity National Title Insurance Services, LLC, and dated July 14, 2025. This title search confirms that the property was transferred to an unrelated person or entity since the merger was effected. Page 3, September 3, 2026 #8104 Kimberly and Steven Bruni SCTM No. 1000-68-3-8.3 Pursuant to § 280-11(A)the Applicant has not submitted documentation,to the satisfaction of the Board, that there have been no transfers of ownership of the lot outside the family since the time merger was effected. As such,there is no need to consider the balancing test in § 280-1 l(B)(1-3). Consequently,the lot is not eligible for a waiver of merger. RESOLUTION OF THE BOARD: In considering the above factors and pursuant to the Waiver Provisions of the Town of Southold Waiver of Merger Law, Section 280-11, motion was offered by Member Steinbugler, seconded by Member Weisman, and duly carried to DENY the waiver of merger as applied for, as shown on the survey prepared by survey prepared by Kenneth M. Woychuk, L.L.S, last updated December 12, 2025. Vote of the Board: Ayes: nays: Abstentions: None. Members Weisman (Chairperson), Lehnert, and Steinbugler. (3-0). Members Acampora and Planamento absent. Leslie nes Weisman Approved for Filing ( /¢/ 2�Z S.C.T.M.# DISTRICT: 1000 SECTION: 68 BLOCK: 3 LOT: 8.3 Recpwe Zoning board of APPeals 0 / / v ,•• ,p9 t°NF �N !. sJ / z°tiF ,�. TA .DOEOf \. E ZP�-i•�IPd O WELL C0:5�'I DWELL LAND N/F OF RIVKA SCHOENFELD �� i'i/ /� i i�� k ...XPp�\OTC, k k IX •�•'�, 23 "Al .9 kk �X k x x/� SHE "3e TO BE REMOVED/DEMOLISHED v + p Z k xk x x k •� / DECK / kk k k k X� ' WOO k :. ,,� TO BE DEMOLISHED �Rg t4X X k / k k sty k k �9T G/�GS (fyk WOOD 08� k w. :o 00 K .2w.... —34.W k "k x / LP k k k .� / ,CP GPS k k k>•; / , r v k va SUN ROOM 2" RAINFALL CALCULATION �� 3$ �6 /' lvlP � ENE � PROPOSED 25' to 38' WIDE VEGETATED NON-TURF BUFFER �/ .�' /� / // �•.�o£ W/ 2ND FLR / , PROPOSED DWELLING/COVERED PORCHES: 2294 S.F. BETWEEN TOP OF BLUFF AND CEHA BOUNDARY �= / / �, � ` °s DECK // 60 z 2294 x 0.166 = 380.80 < 381cf REQ. ALLOWING FOR 4' WIDE CLEARED PATH TO STAIRWAY �' N� / �t (3) 8'mx3'DEEP DRY WELLS: 398cf PROVIDED o I\ II I > EL 33.5 �}a �cj 6�.. �tiA . --'' ZONED R-40 \.:::: 32 TO BWITHACLEAN COARSESANDONED AND ND 1\ s, /GD OP�G 0 // o y 1 NON-CONFORMING LOT LAND N F OF \\� .00p ~ OFG� A... / 3• BUILDABLE LAND (LANDWARD OF CEHL): 22,106 S.F. BLANCALILIA R MOHAMMED �� k - u.P. MAXIMUM GROSS FLOOR AREA: 3350 S.F. + (10% x 2106)= 3560 S.F. MAX. IRREVOCABLE TRUST 0 �c3• FRONT YARD: 40'MIN ox3' 0� :::.:. M si hl `` ------� SIDE YARDS: 15' MIN, 35' TOTAL LP e o Q�q ��\,k 41 .os;: :: ,::: I REAR YARD: 100' MIN FROM CREST OF BLUFF o: O MAX BUILDING HEIGHT 35' WITHIN SKY PLANE '9c fl / (2 1/2 STORIES) Fy \ O rs F / \ A,P // UTILITY LOCATIONS PROVIDED 0 \>> h p F`p os \ // Q/ BY PRECISION MARK-OUTS INC. 1 1-25-19 LP or,`o.�' �QO / 10 ;p /j m I BUILDABLE LOT AREA (LANDWARD OF CEHL): 22,081 S.F. LA PROPOSED LOT COVERAGE // ]51.5 -�" PROPOSED DWELLING/COVERED PORCHES: 2470 S.F. S 81o22t00" W U.P. U., 2470 S.F. or 1 1.2% - LANE PIPE MAR �- �- DIRT/STONE SALT "--(RIGFIT OF WAY) \ VACANT 150' COASTAL EROSION HAZARD AREA: SHEET 7 FLOOD ZONE MAP#36103CO161H \ WELL ELEv. 33.5 0 Sc BROWN THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LAYEY SAND LOCATIONS SHOWN ARE FROM FIELD OBSERVA77ONS WELL PALE —3' AND OR DATA OBTAINED FROM OTHERS. O SP BROWN AREA: 38,508.4 SQ.FT. or 0.88 ACRES ELEVATION DATUM: __ NAVD88 FINE --------------- SAND UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY —13' MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION BROWN LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS77TU7I0N, GUARANTEES ARE NOT TRANSFERABLE. SM SILTY THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7HE PROPERTY LINES TO 7HE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE SAND —29' NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS PALE AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SP BROWN SURVEY OF: DESCRIBED PROPERTY FINE CERTIFIED TO: STEVEN BRUNT; KIMBERLY BRUNT; SAND 1 —30' MAP OF: WATER IN FILED: PALE BROWN SITUATED AT: PECONIC FINE SAND REVISED 12-12-25 TOWN OF: SOUTHOLD — 38' REVISED 09-25-25 KENNETH M WOYCHUK LAND SURVEYING, PLLC NOV. 20, 2019 SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design UPDATE CREST/TOE BLUFF 06-26-25 Y g n g McDonald Geoscience ADD PROP. DWELLING 02-13-25 t....., j� P.O. Box 153 Aquebogue, New York 11931 REVISED 07-31-24 FILE # 19-1 63 SCALE: 1"=30' DATE: NOV. 19, 2019 N.Y.S. LISC. NO. 050882 PHONE (831)298-1588 FAX (631) 298-1588 J' Received TOWN OF SOUTHOLD vo BUILDING DEPARTMENT FEB ,1 2026 SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL i DATE: October 27, 2025 TO: Maria Mingino(Brun) PO Box 511 Bellport,NY 11713 Please take notice that your application dated August 26, 2025: To permit: waiver of merger at: Location of property: 970 Salt Marsh Lane, Peconic,NY County Tax Map No. 1000 - Section 68 Block 3 Lot 8_3 i Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the west(SCTM# 1000-68-3-8.4) pursuant to Article II Section 280-10,which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or /'nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of of fi�(50)feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." a // Au orized Signature CC: file,Z.B.A. I i APPLICATION TO THE TOWN OF SOUTHOLD BOARD OF APPEALS WAIVER OF=LOT 1VIERGERr� �l THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OE THE BUILDING INSPECTOR DATED 10/27/25 WHEREB.fl66&ed BUILDING INSPECTOR DENIED AN APPLICATION DATED 8/26/25 under Town Code Chapter.280 (Zoning), Article II, Section 280- 10 for: FED .112026 ® Building Permit ❑ Permit for As-Built Construction Zoning Board of Appea% ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Other (Improved) Owner of Parcel for Waiver(Veeant}. Steven.Bruni and Kimberly Bruni. Owner of Adjacent Parcel: Zorayda Lopez-Marcus as Trustee of the Noel O. Mohammed and Blanca Lilia R Mohammed Irrevocable Trust dated 7/25/2012 Note: If applicant is not the owner, please state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: 24 Sunrise Lane, Pearl River, NY 10965 Telephone No: Email sbruni@me.com Representative/Agent for Owner:. Anthony C. Pasca, Esq,.and Elizabeth.Baldwin;.Esq. Address:,_ Esseks, Hefter, Angel, DiTalia &:Pasca, LL"P, 108 East Main Street, Riyerhead,11901 Telephone No: (631) 369-1700 Email:.. apasca@ehalaw.com ebaldwin@eha.law.com Please specify who you wish correspondence to be mailed to, from the above: ❑Owner, or EXAuthorized Representative I Steven Bruni and Kimberley Bruni {(we); , request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the purpose of recognizing for Town building purposes Suffolk County Tax Map District 1000, Section 68 Block 3 Lot 8.3 containing 38,508 square feet located at # 970 Street Salt Marsh Lane , as a separate and distinct building parcel from District 1000 Section 68 Block 3 Lot 8.4 containing 36,590 square feet. The property is located in the . R-40 , Residential Zone District. subdivision improved The lot to be recognized was originally created by deed dated 2/1/71 , is Yeeant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. Please indicate whether the statement is True. 'Yes. Page 2—Zoning Board of Appeals -Waiver of Merger Application @CeIVed The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was affected. Please indicate whether the statement is True. FEB I 12026 False, Zoning Board of Appeals 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 as large, or greater in size than a majority of the improved lots within 1,000 feet distance from any lot line of the lot proposed to be recognized because: True, the lots in the surrounding area are all similarly sized. (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: True, the Town issued a Building Permit and Certificate of Occupancy to the lot in 1988. There was no indication that the lots were merged. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: True, the lots have been treated as separate lots since the subdivision in 1971. Please check one.or more of the following.that apply to.the lot to be unmerged; N This lot was formerly approved by the Southold Town Planning Board on 2/1/1971 (attach copy of approval/subdivision map). ❑ This lot was approved or shown on a map approved by the Southold Town Board on (attach copy of approval/subdivision map). This lot was approved by the Zoning Board of Appeals on (please attach . decision). ❑ A search of Town records found no approvals or-other action by the Town of'Southold, except for Application# in the Year (please attach copy). Page 3 -Zoning Board of Appeals-Waiver of Merger Application Received C A search of Town records found a Certificate of Occupancy was issued 9 • 13 1 88 or a dwelling or other purpose on SCTM Lot# 8.3 (please attach copy). 6 Zoning Board of Appeals (Attach additional sheets if needed). +� 1 Owner(Parcel 1) Steven Bruni Sworn to b this 11� day of 0-el e- A-',20 29 of blic EMMANUEL T.PENA' NOTARY PUBLIC,STATE OF NEW YORK N0. 01 PE0004833 QUALIFIED IN ROCKLAND COUNTY MY COMMISSION EXPIRES APR 3,20� O amei­� i .Kimberly Bruni Sworn to be e this "day of Dec .1-, , 20 2 15_ No blic LQUALlYFIED MMANUEL T.PENA PUBLIC,STATE OF NEW YORK NO. 01PE0004833 MISS ON EXPIRES R S APR 3 20 T ZBA 7/2023 , ZONING BOARD OF APPEALS LOT WAIVER QUESTIONNAIRE Received. 1. What are square footage and dimensions of parcels: FEB I 12026 Subject Lot to Unmerge: Square Feet: 38,508 Depth: 398.3' Width: 15.1.54 Property Identified as merged with Subject Lot: Zoning Bq§ of AppeaW a) TM No. 1000--68.-3-8.4 Square Feet: 36,590 Depth: 315' Width: b) TM No. Square Feet: Depth: Width: 2. Date.of First deed which created subject lot: 5/17/43 Subdivision 1971 3. Date of Current Deed of present owner: 11/2/2018 4. Owners' Names of subject lot at this time: . Steven Bruni and Kimberly Bruni, his Wife 5. Date and Name of Subdivision that created subject lot(s)(if any). Minor Subdivision for Nelson Axien 2/1/1971 6. Building permits issued in the past for subject lot(s): 5544Z, 17053Z 7. Suffolk County Dept. of Health Service approvals issued for any lots: Unknown 8. Any other Town Actions regarding this property such,as a Pre:existing Certificate of Occupancy for a preexisting building,Variance,Lot Line change,Board of Trustees Wetland Approval,or other type of approval to build or use the.property in any way: Explain: Certificate of Occupancy Issued for addition, dated 9/13/88 9. Is there any building or structure,such,as a patio,driveway,or,other,overlapping the deeded lot lines which separate the two/three merged properties? None. If•so,Explain: 10. How many other vacant lots are on the same street and immediate neighborhood? Please indicate other approvals or other information about.cotiurion ownership of these lots. One vacant lot(1120 Salt Marsh Lane), no common ownership with adjacent lots. } I am owne the subject lot and the above information provided is true and accurate to the best of my kn . le ge Authorized signature Date Steven Bruni / Print N Authon ed Sign a Date Kimberly Bruni QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Received A. Is the subject premises listed on the real estate market for sale? FEB g 12026 Yes X No ' Zoning Board of Appeals B. Are there any proposals to change or alter land contours? X No Yes,.please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? unknown 2;)Are those areas shown on the survey submitted with this application? unknown 3.)Is the property bulk headed between the wetlands area and,the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Board of Trustees.for.its determination of jurisdiction? Unknown Ple se..confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?._ N/A E. Are there any patios,concrete barriers,bulkheads or fences that existthat are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No G. If yes,please submit a copy of your building permit and survey as approved by the Building Department and please,describe: H. Please:attaeh 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. I. Do you or any co-owner also own other land adjoining or close to ihis�parcel? No If yes,please label the proximity of your lands on your survey. J. Please.list present use or operations conducted at this parcel Existing single=family residence and the,proposed use Same K. (ex existing single family,,proposed: same with garage,pool or other) Aut on d Signature Date _ __. ___.. Date Autho Signat r N/A nl AGRICULTURAL DATA STATEMENT �I Received ZONING BOARD OF APPEALS TOWN OF SOUTHOLD FEB 112026 WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit,site plan approval, use variance, area variance or subdivision approval on proQit� �r of peals agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the.Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: . Steven Bruni and Kimberly Bruni 2. Address of Applicant: 24 Sunrise Lane, Pearl River, NY 10965 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: Applicants are seeking to demolish an..existing residence and construct a new single-family residence. 6. Location of Property: (Road and Tax map Number) 970 Salt Marsh Lane, Peconic SCTM#1000-68-3-8.3 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {X No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use a ba of this pa a if there are additional property owners) / I I-Z/ I I l 2—v2, Signature of' . p $tev n Bru i Date Note: imberly LYruni 1.The local Board will solicit comments from the owners of land identified above:in order to consider the effect of the proposed action on their farm.operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant 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. 617.20 Appendix B Short Environmental Assessment Form Instructions for.Completin Received. Part 1 Project Information. The applicant or project sponsor is responsible for the completion of PF�g,:�t p9{ become part of the application for•approval or funding,are subject to public review,and may be subject to further verifTn. Complete Part 1 based on information currently available. If additional research or investigation w2��lrbe eded to fully respond to any item,please answer as thoroughly as possible based on current information. 9 oard of Appeals Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Bruni Waiver of"Lot Merger Project Location(describe,and attach a location map): 970 Salt Marsh Lane, Peconic Brief Description of Proposed Action: Application is seeking a building permit to construct a new single-family residence.The Building Department denied the application stating that the lot has merged with the lot to the west (SCTM#1000-68-3-8.2) Applicant is seeking a waiver of lot merger. Name of Applicant or Sponsor: Telephone: Steven Bruni and Kimberly Bruni E-Mail: sbruni@me.com Address: 24 Sunrise Lane City/PO: State:, Zip Code.: Pearl River NY 10965 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative r rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and;proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? .88 acres b.Total.acreage to be physically disturbed? N/A acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? N/A acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial lkesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):. ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing.built or natura NO YES landscape? �eeeiv d X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: FFR 1.1 2s 8. a.Will the proposed action result in a substantial increase in traffic above present level .onm9 Hoard S X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? 'NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National'Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody.? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 1XShoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban El Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site`located in the 100 year flood plain? 'NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? -NO YES. If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention.pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the.site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? Received If Yes,describe:: X .... - FEB ry g 8 LULU 20.Has the site of the proposed action or an adjoining property been the subjelof reme`ation(Dc g ing o t NO YES completed)for hazardous waste? oning Board If.Yes,,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ,Q� / .,/ Applicant/sponsorname: !�( ?, � Nbe04 /�' .: Date: ./�//� /�,I- Signature: . Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be•guided by the concept"Have my responses been reasonable considering the scale acid context of the proposed action?" No,or Moderate small to large impact impact may may occur, occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning. regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the.proposed action..impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? :6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands; waterbodies;:groundwater,air quality,flora and fauna)? Page 3 of-4 'No,or "Moderate small to large impact impact . may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, problems? 11. Will the proposed action create a hazard to environmental resources.or human) ?g 1 2026 Part 3-Determination of significance. The Lead.Agency is,responsible for the completion of•Part 3. For every question in Part 2 that was answered"moderate to large impact may occurZetdQ9 Aila why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid onreduce impacts: Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and,magnitude. Also consider the potential for short-term,long-term and cumulative impacts. o Check this box if you have determined,based on the information and analysis.above,and:any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts andan environmental impact statement is required. ❑ Check this box if you have determined,based on the information and.analysis.above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency„ Title of Responsible'Officer' Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold Received LWRP CONSISTENCY.ASSESSMENT FORM. FEB g 2026 A. INSTRUCTIONS Zoning 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 in used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located-within the Coastal Erosion Hazard Area. 2. Before answering the questions in. Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 68 3 - 8.3 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 'M Building Dept. R Board of Trustees: l. Category of Town of Southold agency action(check appropriate response)' (a) Action undertaken directly by Town agency(e.g. capital 0' construction,planning activity,agency regulation,land transaction) (b) Financial.assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Applicant is seeking a waiver of lot merger. Location of action: 9701 Salt Marsh Lane,Peconic A4. Site acreage: 0.88 Received, Present land use: Residential FF9 203 Present zoning classification: R-40 Inning Board of Appeals 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: Bruni Waiver of Lot Merger (b) Mailing address: 108 East Main Street. Riverhead, NY 11901 (c) Telephone number: Area Code( ) 631-369-1100 (d) Application number,if any.- Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No❑ If yes,which state or federal-agency? DEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑X Yes ❑ No ❑ Not Applicable Applicant is seeking to maintain an existing lot and construct a new single-.family residence. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold.,See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes No 0 Not Applicable 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 tht.Ogh 7 for evaltiation'criteria Received © Yes [] No O Not Applicable FAR I 12026 zaoning Rnard Ot AP.Pe-@ls 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 D Yes © No E Not Applicable The existing lot has been maintained as an individual lot in its current dimensionssince 471 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 F No 0 Not Applicable Attache 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. II — Policies Pages 32 through 34 for evaluation criteria. Reeeiv ❑ Yes ❑ No® Not Applicable Fa l 1 7026 Zoning 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. ❑ Ye❑ 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 ❑ No © Not Applicable Received Attach additional sheets if necessary Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic W Estuary and Town waters. See LRP Section1II—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 M No 0 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 0 Not Applicable Created on 5125105 11:20 AM Received APPLICANT/OWNER TRANSACTIONAL DISCLOSURE,FORM FEB 112026 The Town of Southold's Code of Ethics orohibits conflicts of interest.on:the part of town officers a6d.enAaWAffl.jhehmrom�s of this form is to provide information which can alert the town of possible conflicts of interest t o'takewhatever. .action is necessary to avoid same. YOURNAME: Steven Bruni (Last name,first name,middle initial,unless you are applying in the name of someone else or`other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) :.Waiver of Merger Planning Do you,personally(or through,your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage;or business interest."Business interest"means a business,including:a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5.%iof the shares. YES NO X If you answered"YES",complete the.balance of this form and date.and sign where-indicated: Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the-lega[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 A)the acttial applicant DESCRIPTION OF RELATIONSHIP TOME ANN D'ANGELO �? NOTARY PUBLIC-STATE OF NEW YORK Submitted this day of "04W ,2026 No.01 DA6327996 Qualified in Rockland County Signature.. My Commission Expires 07-27-tu27 Print Name Steven Bruni APPLICANT/OWNER Received TRANSACTIONAL DISCLOSURE FORM EEBA 12026 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:con flic"ts 41nte'Aand al#A3x,itato take w,gat er. action is necessarv'to avoid same.. f YOUR NAME : Kimberly Bruni (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit. Variance Trustee Permit Change:of Zone . : Coastal Erosion Approval of Plat. Mooring Other(activity) Waiver of Mekge'r Planning Do you personally(or through your company,spouse,sibling,parent,or child)have'a relationship with any officer or employee of the Town of-Southold?"Relationship"includes by blood;marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or'employee.has even Apartial ownership of(or employment by)a.corporation in which the-town officer or employee owns more than'5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the:town officer or employee. Either check the:appropriate line A)through D)and/or describe in the space:provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all-that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when•the applicant is not a corporation) C)an officer,director,partner,or,employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP TOME ANN D'ANGELO NOTARY PUBLIC-STATE OF NEW YORK Submitted this. day of ry• 20-26 No.01DA6327996 Qualified in Rockland County Signature My Commission Expires 07-27-2027 Print Name _ .'Kimberly" Bruni ESSEKS, HEFTER, ANGEL, DI TALIA & PASCA, LLP COUNSELORS AT LAW MAIN OFFICE.MAIL&SERVICE 108 EAST MAIN STREET P.O. BOX 279 PARTNERS RNERHEAD, NY 11901-0279 CARMELA M.DI TALIA SOUTHAMPTON OFFICE ANTHONYC.PASCA 30 MAIN STREET AMANDA STAR FRAZER LISA D.TYMANN SOUTHAMPTON.NY 11968 KIM A SMITH EAST HAMPTON OFFICE SENIOR COUNSEL 15 RAILROAD AVE..SUITE 1 STEPHEN R.ANGEL February 4, 2026 EAST HAMPTON,NY 11937 MARCIAZ.HEFTER WWW.EHALkW.COM COUNSEL (631)369-1700 CHRISTINE PERRUCCI FAX(631)369-2065 (NOT FOR SERVICE) SMITH HAND DELIVERY and PATRICIAN L CARROLL A PATRICIA M. ELECTRONIC MAIL ROLL ASSOCIATES LAUREN K PETERSEN Zoning Board of Appeals MEGAN E.CASE Town of Southold DEANNA CINQUEMANI 54375 Main Road OF COUNSEL DAMES SPIESS Southold, New York 11971 WILLIAM W.ESSEKS (1934-2022) Re: Waiver of Merger Application Applicants: Steven Bruni and Kimberly Bruni Premises: 970 Salt Marsh Lane, Peconic,New York SCTM No. 1000-068.00-03.00-008.003 Dear Chairperson Weisman& Members of the Zoning Board of Appeals: Enclosed please find the following documentation to be added to the waiver of merger application, as requested by the Board: 1) Original and seven (7) copies of the Transactional Disclosure Form(Steven Bruni); 2) Original and seven (7) copies of the Transactional Disclosure Form (Kimberly Bruni); 3) Original and seven(7)copies of the Authorization Form(Steven Bruni) 4) Original and seven (7) copies of the Authorization Form (Kimberly Bruni) 5) Eight copies of Minor Subdivision for Nelson Axien at Peconic dated December 17, 1970 and approved by the Planning Board on February 1, 1971 depicting Suffolk County Tax Map Lots 1000-68-3-8.2, 8.3 and 8.4. r---P-lease riote•-ihat we.are unable to provide a current survey-for-990_ Salt,-Marsh.Lane-(SCTM#'1:000-68 3=8"4):A. syou7are aware;_our.icl ents do not own--990'Salt Marsh-Lane.,and-.therefore_ate-prohibit&def eifi hidng a surveyor to�surveythe property:In the interest of providing the Board-with l February 4, 2026 Page 2 additional information regarding this-property,we-did-FOIL the Town's files regarding-a survey:-Unfortunately, we were--informed that no survey exists-in--the T_own'-s files or 990 Salt Marsh. In its place,we_liave�pro��ided a opy of the original subdivision-map that depicts both 990 and the subject premises, 970 Salt Marsh Lane. As we believe this is the final information required for our application, we respectfully request the Board schedule our public hearing on this application. If you have any questions or concerns, please contact me at (631) 369-1700. Very truly yours, ,�.Y Elizabeth Baldwin Enc. 4938-0943-5021,v. 1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.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 t action is necessary to avoid same. YOURNAME:: Steven Bruni (Last name,first name,middle initial,unless you are applying In the name of someone else or other entity,such as a company.If so,Indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax,grievance Building Permit Variance Trustee Permit Change of.Zone Coastal Erosion Approval of Plat . Mooring Other(activity) Waiver of Merger Planning DoYou personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you:answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or,position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or•beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,,partner,or employee of the applicant;or D)Lthe actual applicant DESCRIPTION OF RELATIONSHIP TONIE ANN D'ANGFLO ? NOTARY PUBLIC-STATE 01: NEv,, YORK Su C bmitted this day of (,TAW ,20 26 No.01 DA6327996 Qualified in Rockland Courov 'Signature MY Commission Expires07-2 27 Print'Name Steven Brtini APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this4orm is to,.orovide information which can alert the town of possible conflicts of interest and allow it to take whatever .actionris necessary to avoid same. 'YOUR'NAME:: Kimberly Bruni (Last name,firstname,middle initial,unless you are applying in the name of someone else or other entity,such as a .company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) 'Tax grievance Building Permit 'Variance Trustee Permit ;Change of Zone Coastal Erosion Approval of Plat Mooring 'Other(activity) 'Waiver of Merger Planning ,Do you-personally(or through your company,spouse,sibling,parent,or child)have a relationship with.any officer ,or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest":means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or,employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X !If you answered"YES",complete the balance of this form and date and sign where indicated. 'Name of person employed by the Town of Southold :Title or position.of that person Describe-the relationship between yourself(the applicant/agent/representative)and the.town officer or employee. :Either check the,appropriate line A)through D)and/or describe in the space provided. ,The town officer.or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the+owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a :corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,.or employee of the applicant;or D)the actual applicant DESCRIPTION'OF RELATIONSHIP TOME ANN D'ANGELO NOTARY PUBLIC-STATE OF NEW YORK Submitted,this day of 'v'\'''• 2026 No.01DA6327996 Qualified in Rockland County Signature My Commission Expires 07-27-2027 Print Name—'Kimberly Bruni VNAII�' t Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) j, Steven Bruni residing at 24 Sunrise Lane, (Print property owner's name) (Mailing Address) Pearl River, NY 10965 do hereby authorize Anthony C. Pasca., Esq. (Agent) waiver of merger to apply for " on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Steven .Bruni (Print Owner's Name) 1 i TONlE ANN D'ANGELO NOTARY PUB 0C-STATE OF 1 NEW YORK DA632 ggg Qualified in Rocklan county unt2027 MY Commission Expires Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Kimberly ;Bruni residing at 24 Sunrise Lane, (Print property owner's name) (Mailing Address) Pearl River, NY 10965 do hereby authorize Anthony C. Pasca, Esq. (Agent) waiver of merger to apply forywi on my behalf from the Southold Zoning Board of Appeals. (Owner's ignature) Kimberly Bruni (Print Owner's Name) TONIE ANN D'ANGELO OF NE NOTARY pUaL�-STATE 996 W yOAK N County 0i�elified in fiockiaes o7-27-2021 My Commission Exp I - N 17 l NicH �- zg0. 2 '� 1t• Q Top � 7 r: IYII.'\l U14--) .SUBDI V16ION 9 % _NEL %'-)ON _AXIEN Pvar I AT' 1 PEGGNJG sne. IN 36,ocot J.F. `, ` TOWN OF ,$OUTHOLU, N.Y. f • 1 99 25 w 67-�0 30"W 37 000! S.F. W I r /Gy7. O SCALE: 50'=1" AZEA:_,Z.50-t AG2E6 MAPOEU DEC./7, /970 VAN TUYL d SON LICEN55D LAND 0UaVdYOIIL t r 1 °f Fidelity National Title INSURANCE SERVICES,LLC Received TITLE NO: 7404-020379 District:4000 FEB.11 20026 Secti6n:068.00 Block: 03.00 Zoning Board :of AApnl§ Lot: 008.003 Town of Southold,New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC certifies that the above-captioned property has been in single and separate ownership by Steven Bruni and Kimberly Bruni, husband and wife and his/.her predecessors in title.since prior to 5/17/1943 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified, and such liability shall under no circumstances exceed the amount of Twenty-Five Thousand Dollars($25,000.00)and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: July 14, 2025 FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SAND J. GOLESKI Sworn to before me this 14`h ay of July,2025 Uy S W KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK Not ry Public No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 0 Fidelity National Title INSURANCE SERVICES,LLC 7� Receive TITLE NO. 7404-020379 FEB 11 2026 STATE OF NEW YORK) ss: Zoning Board of Apppa� COUNTY OF SUFFOLK) SANDRA J. GOLESKI,being duly sworn deposes and says: That 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: 1000-068.00-03.00-008.003 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 5/17/1943. .SUBJECT PREMISES: 1000-068.00-03.00-008.003 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd:.5/28/1943 Premises and more Nelson Axien died a resident of Suffolk County on 10/13/1983. Surrogates File No. 1606P1983. Elaine Axien,as sole devisee under the last will and Liber 12451 cp 638 Testament of Nelsen Axien a/k/a Edward Nelson Dated: 5/11/2006 Axien, deceased Rec'd: 5/24/2006 To Jonathan Gilson and Regina Ebel,his wife FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA . GOLESKI Sworn to before me this 14t'day of July,2025 KYLES S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK )(44111 Nota Public No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive•Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 II Fidelity National Title INSURANCE SERVICES,LLC Received EE6 41 2026 Jonathan-Gilson and Regina Ebel;.his wife Liber 12993 cp 760_ , To = Dated: 11/02/20k&iing Board at A P990' Steven Bruni and Kimberly Bruni,his wife Rec'd: 12/20/2018 ' LAST DEED OF RECORD PREMISES NORTH: LONG ISLAND SOUND PREMISES EAST: 1000-068.00-03.00-008.002 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien Liber 8501 cp 509 To Dated: 9/15/1978 Edward Pochtrager and Charlotte Pochtrager,his wife Rec'd: 9/20/1978 Edward Pochtrager and Charlotte Pochtrager,his wife Liber 11397 cp 171 To Dated: 12/27/1991 Charlene Edwards and Edward Pochtrager;Jr. Rec'd: 1/07/1992 Edward Pochtrager,Jr. and Charlene Edwards Liber 11696 cp 26 To Dated: 9/23/1994 Thomas Tumbarello and Judy Tumbarello,his wife Rec'd: 9/28/1994 Thomas Tumbarello and Judy Tumbarello,his wife Liber 11879 cp 127 To Dated: 2/10/1998 Rivka Schoenfeld Rec'd: 2/19/1998 FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA J LESKI Sworn to before me this 14th da of July,2025 S NOTARY KYLEE S DEFRESE PUBLIC-STATE OF NEW YORK No.01DE6420156 Nota6 Public Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 ,, Fidelity National Title Q64 INSURANCE SERVICES,LLC Received FEB fl 1 2026 Rivka.Schoenfeld Liber 11898.cp 338 To: Dated:2/10/1998Zo-rang Board of AppeWs The Rivka Schoenfeld Trust U/A dated 11/15/95 Rec'd: 6/10/1998 Rivka Schoenfeld and Craig M. Shields,as Liber 12285 cp 827 Trustees of The Rivka Schoenfeld Trust Agreement Dated: 9/16/2003 Dated 11./15/95 Rec'd: 11/25/2003 To Rivka Schoenfeld LAST DEED OF RECORD PREMISES SOUTH: 1000-068.00-03.00-007.000 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien Liber 6932 cp 206. To Dated: l/11/1971 Elaine Axien Rec'd: 5/17/1971 Elain Axien Liber 12230 cp 432 TO Dated: 1/08/2003 Peconic Land Trust Corporation Rec'd: 1/15/2003 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA KGOLESKI Sworn to before me this 141b day of July,2025 N& � bu OX Not Public 1W KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 .; ll' Fidelity National Title INSURANCE SERVICES,LLC Received PREMISES WEST: 1000-068.00-03.00-008.004 FER1.1 Z026 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147Z=0g Baar,d 9f AQPPAI§ To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien died a resident of Suffolk County on 10/13/1983. Surrogates File No. 1606P1983. Elaine Axien, as sole devisee under the last will and Liber 10358 cp 189 Testament of Nelson Axien a/k/a Edward Nelson Dated: 6/22/1987 Axien, deceased Rec'd: 7/06/1987 To Noel O. Mohammed NOel.O. Mohammed Liber 12022 cp 329 To Dated: 7/10/1996 Noel O. Mohammed and Rec'd: 2/22/2000 Blanca Lilia R. Mohammed,his wife Blanca Lilia Mohammed n/k/a Liber 12205 cp 151 Blanca Lilia R. Mohammed Dated: 7/25/2012 To Rec'd: 9/13/2012 Zorayda Lopez-Marcus, as Trustee of the (as to '/z interest) Blanca Lilia R. Mohammed Irrevocable Trust dated 7/25/2012 LAST DEED OF RECORD AS TO %INTEREST FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDR AvJ. GOLESKI Sworn to before me this 14°i day of July,2025 IL4 � 4 44X KYLEE S DEFRESE Not Public NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 Ul Fidelity National Title INSURANCE SERVICES LLC Received Noel O. Mohammed Liber 12730 cp 724 FEB 1 2026 To r Dated: 3/13/2013 Noel O. Mohammed and Blanca Lilia R. Rec'd: 5/23/2041ning E'b'ar'd of Appeaj Mohammed as a Trustees of The Noel O. (as to %interest) Mohammed Irrevocable Trust dated 1/7/2013 LAST DEED OF RECORD AS TO %INTEREST FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC . SANDRA J. GOLESKI Sworn to before me this 14''day, of July,2025 KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK .Notary Public No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2026 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 1 Received IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII llllllllilfllllll ::. a 11111IIIIIIIIIIIII z�ng Boy{d Qf ��1 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/20/2018 Number of Pages: 4 At: 02:24:56 PM Receipt Number : 18-0237831 TRANSFER TAR NUMBER: 18-17688 LIBER: D00012993 PAGE: 760 District: Section: Block: Lot: 10.00 068.00 03.00 008.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $946,00.0...00 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 $125.00 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 $15, 920.00 NO Fees Paid $1.6,315 .00 TRANSFER TAX NUMBER: 18-17688 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clark, Suffolk County aa . Number of pages RECORDED, 2018•Dec 20 02:24:56 PM This document will be public JUDITH R. RISCRLE (� record. Please remove all CLERK OF �(Ib Soclal Security Numbers SUFFOLK COUNTY L D00012993 U prior to recording. P 760 • ReCei ed Deed/Mortgage Instrument DTO 18-17688 , 3 Reed./Mortgage Tax Stamp Recofdiag/Filing Stamps FEB Page/Filing Fee Mortgage Amt. �n�Ytg Board Df APP 14 Handling 20. 00 ( 1. Basic Tax 2. Additional Tax TP-584 -- Sub Total Notation Spec�Assit. , BA-52 17(County) of Sub Total Spec./Add. BA-5217(State) TOT.MTO:TAX RP.TSA. Dual Town D' Comm,of Ed. `S, 00. Held for A Transfer Tax Affidavit • Mansion Tax Certified Copy r The property covered by tbia mortgage is or wll1'be improved by a one or two NYS Surcharge l5. 00 family dwelling only. Other Sub Total (fir or N0: Grand Total IS If NO.see appropriate tax clause oa a80 of this in e 4 DiSr o__.__ ... = 12 5 mmunity Preservation F`tiad Real Prc 1.8042938 loon 06e0o 0300 008009 OZ ABer R DTY A IIIWI�UI11IluI���I �IW CPF Tax Due t s Sao — Verific: 10-DEC-1 ti SatinauuunsiLiseaarges/Kelcescs Lf-sCPro Otyn Innproved ✓ RECORD& Y Ivailiag Address . RETURN TO: Vacant Land • d lseN � Qlse..� Z•L.P TD ./�_ 76 G Tn Mail to:Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11801 He Company OrMatton www.suffolkcountyny.gov/Clerk l�x�cx .Title# Yo —o?1 a O 8 Suffolk County Recording & Endorsement Pagre This page fOrms part of the attached �- made by: (SPEC]FY TYPB OF INSTRUMHNTj The premises herein is situated in SUFFOLK COUNTY NBW YORK. TO .In the TOWN of T2U4W r-e,'ljJ In the VILLAGE or.HAMLET of two N .L BOXBS 6 THItU 8 MUST BB TYPBD Ok PRINTED u,moLaran IN BLACK INK ONLY.PRIOR TO RECORDING OR MIL a, eaverl %ve: ON /t!O mein ba r /S� _ �� J 8' Standard N.Y.B.T.U.Form 8002—Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made this Q ~'�day of November, two thousand and eighteen BETWEENIet JONATHAN GILSON & REGINA EBEL, Receiv being married to each.other,residing at 3.10 East 46'Street, Suite 23H FEE1 g 2076 New York,NY 10.017 wing aaar�d of .AppeAl- party of the first part, and STEVEN BRUNI & KIMBERLYZ BRUNI, Nc4s44A,.o residing at 24 Sunrise Lane Pearl River,NY 10965 party of the second part, WITNESSETH,that the party of the firstpart,in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that,certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being.. SEE SCHEDULE "A" ANNEXED HERETO. BEING AND INTENDED TO BE the same premises described in the deed of the parties of the first part herein by deed dated May 11,2006,recorded in the Suffolk County Clerk's Office on May 24,2006,in Liber 12451,Page 638. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances,and also all the estate 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. 1 �_ FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO.7404-002120 SCHEDULE A-1 Received (Description of the Land) 0-, FEB 12026 - For Tax Map ID(s): 1000-068,00.03.00-008.003 , AMENDED 11108/2018 ,:= Zoning 113oalyd Of-ApPRaLls ALL that certain plot,piece or parcel of land,situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of a 33 foot right of way at the Southwesterly corner of land now or formerly of Rivka Schoenfeld and the Southeasterly corner of the premises herein described: RUNNING THENCE.South 81 degrees 22 minutes West along said 33 foot right of way, 151.54 feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees 11 minutes 10 seconds West along said land 317.44 feet to the average high water mark of Long (stand Sound; THENCE Easterly along said average high water mark of Long Island Sound on a be line bearing North 64 degrees 28 minutes 55 seconds East,a tie line distance of 95.08 feet to land now or formerly of Rivka Schoenfeld; THENCE South 45 degrees 52 minutes 46 seconds East along said land, 374.51 feet to the Northerly side of the 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the Southerly line of premises;thence,over 20 foot right of way running through land of Elaine Axien and land now or formerly of Henry Smith to Henry's Lane. TOGETHER with a right of way.running Southeasterly from.said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of.and adjoining said premises. END OF SCHEDULE A Commitment rot Title huumnce Pdnted: 11.08.18®07.48 AM Sthedtft A-1 DezcApGon NY,FT-FRVK41030.431004-SPS-1-18.740"02120 AND the party of the first part covenants that the party of the first part has not done or su kredything whereby the said premises'have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien LavReGooWt 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 cost of the improve I*ply the same first to the payment:of the cost of improvement before using any part of the total of t�e for any other purpose.. The word "party" shall be construed as if it read "parties" whenever the.s � �ttq;kequires . . IN WITNESS'WHEREOF, the party of the first part has dul executetseed"the day and year first above written. IN PRESENCE OF: JONATHAN GILSON REGINA EBEL STATE OF F�NE__W YORK, COUNTY OF SUFFOLK SS: On the X^�day of November in the year 2018,before me,the undersigned,a No Public in and for said State, , personally appeared JONATHAN GILSON and REGINA EBEL,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed same in their capacity,and that by their signatures on the instrument,the individuals,or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public DEBORAH DOTY Notarryy Public, State of New York No.02D04829478-Suffolk County Commission Expires February 28.20 al.&- l Receive FEB 112026 Zonng Board .of 4,pgWs Illillllllllllllllllllllllllllllllillilllllllllllllllll 111111111111.11111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument.: DEED Recorded: 05/23/2013 Number of Pages: 4 At: 11:58:53 AM Receipt Number : 13-0062006 TRANSFER TAB NUMBER: 12-23419 LIBER: D00012730 PAGE: 724 District: Section: Block: Lot: 1000 068.00 03.00 0�.08::A:04==z EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 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 $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $255.00 TRANSFER TAR NUMBER: 12-23419 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 RECORDED (]V 2013 23 11:5A PhReceived iLIDITDITH A. P{15CGLE LE CLERK OF Number of pages SUFFOLK COUNTY FEB g 202� L D00012730 This document will be public DTII 12 23319 record.Please remove all Zoning Board Of ,rappeAls Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording./Filing Stamps 3 FEES Page/Filing Fee �� MortgageAmt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total — Notation SpecJAssit. O ' EA-5277(County) �_ Sub Total S or Spec. EA-5217(State) TOT.MTG.TAX RP,TS.A. Lod Dual Town Dual County Held for Appointment Comm.of Ed. 5. OU Transfer Tax -to Affidavit Mansion Tax Certified Copy The property covered by this mortgage Is or will be Improved by a one or two NYS Surcharge 15. 00 S family dwelling only. Sub Total YES or NO Other r� Grand Total di5C ^ If NO,see appropriate tax clause on (��,J e 8 of this I stru ent 13012481 3 /3 13 1000 06800 0300 008004 5 CommunkyPreservatlonFund 4 DIst1CC p T S Real Tax Service . 0 MAY 1 liamilliallsiolfH1 deration Amount$_ Agency WI CPI'J.-Due 5 Verification —`' Improved 6 Satisfactions/D s lscharges/Releases List Property Owners Malling Address RECORD&RETURN TO: Vacant Land Giabie & Grabie, LLP TO 162 Terry Road . TD Smithtown, NY 11787 TO Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information •310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk { Title A � 1 8 Suffolk County Recordin & Endorsement Page This page forms pan:of the attached made by: 1� (SPECIFY TYPE OF INSTRUMENT) The premises herein Is situated in OLK COUNTY,NEEW,YOORK,� TO Sn the TOWN of [f the or or HAMLET of BOXES-6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • �V BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTORS ACTS Received (INDIVIDUAL OR CORPORATION) FORM 8007 FEB 1202� CAUTION:THIS AGREEMENT SHOULD BE PREPARED URCHASE ATTORN ORE S Y N D REVIEWED BY ATTORNEYS FOR SELLER AND Z071Ang Dc3afd 9f QNr,�� I•S'. THIS INDENTURE,made the iVhda.,Z20,&j_ between Noel 0.Mohammed,residing at 17 Tyburn Lane,South Setauket,NY 11720-as to his 50%interest rty of the first part,and G`pa Noel 0.Mohammed,residing at 17 Tyburn Lane,South Setauket,NY 11720,and Blancalilia R.Mohammed, b residing at 17 Tyburn Lane,South Setauket,NY 11720 as Co-Trustees of the NOEL 0.MOHAMMED REVOCABLE TRUST,dated January 7,2013 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and No Cents($10.00), lawful money of the United States,paid by the parry of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, 0 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, Ob- situate,lying and being in the 5� See Schedule A attached O�� BEING AND INTENDED TO BE the same premises conveyed to the party of the first pan by deed dated oA July 10, 1996 and recorded in the Office of the Suffolk County Clerk on February 22,2000 in Liber 12022 Page 329 0 and the same premises,a portion of which,was transferred by a deed dated July 25,2012 and recorded in the Office of the Suffolk County Clerk on September 13,2012 in Liber 12705 Page 151 from Blanca Lilia Mohammed n.k.a. Blancalilia R. Mohammed to Zorayda Lopez-Marcus as Trustee of the BLANCALILIA R. MOHAMMED IRREVOCABLE TRUST,dated July 25,2012. 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 parry of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants,that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"p"-M,"shall be construed as if it read"narties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF., Noel 0.M a med NYSBA's Residential Real Estate Fomu(9/00) 02002 Matthew Bender&Co.,a member of the LexisNexis Group. Received Acknowledgment by a Person Within New York State(RPL§309-a) FEB I 17026 STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: Zoning Biwd 9f On the_13"' day of in the year po/j_,before me,the undersigned, personally appeared Noel O:Moha med,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Pubhi,ANNA P.VISCOI'M Notary Public,State of New York No.02VI6133667 Qualified in Suffolk County Commission Expires September 19,20/,L Bargain anb Safe Deep With Covenant Against Graolor's/AJets�\ SECTION 068.00 TITLE NO. ��� �C�'`Vq BLOCK 0 J.00 LOT 008.004 COUNTY OR TOWN Suffolk County Noel O.Mohammed STREETADDRESS 990 Solt Marsh Lane Southold,NV 11971 TO Noel 0.Mohammed&Blancalitia R.Mohammed,as Co-Trustees Return by Mail to: Grabie&Grabie,LLP 162 Terry Road Smithtown,NVI1787 1 NYSBA's Residential Real Estate Forms(9/00) O 2002 Matthew Bender&Co..a member of the LexisNexis Group. 2 Received 64 Mohammed to Mohammed&Mohammed, as Trustees. Premises:990 Salt Marsh Lane, Southold, NY FEB 11 2026 SCHEDULE A zoning Board of Appeals ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in-the Town of Southold, County of Suffolk and State of Now York, bounded and described an followat 8E011HINo at a point on the northerly side of a certain 33 foot wide right of way (known as Salt Marsh Lane) , at the southwesterly corner of premises described herein, at the intersection of "said right of way with the easterly side of land now or formerly of Youngmani RUNNINO THENCE north 31 degrees, 20 minutes, 00 seconds west along said land now or formerly of Youngman, 264 feet to the ordinary high water line of Long Island 8oundl THENCE north 67 degrees, 17 minutes east along the ordinary high water line of Long Island Bound, 103.06 feeti THENCE south 40 degrees, 11 minutes, 30 seconds east, 288 feat to the northerly line of -the above mentioned right of ways THENCE the followinq two courses and distances along said right of ways (1) South 81 degreea, 12 minutes west, 52 .39 festr (2) South 67 degrees, SO minutes, 30 seconds west, 99.25 feet to the point of place of BEOINNINO. "Tovether with a right of way over said 33' right of way running alor►g the southerly. line of said promisesi THENCE over a W right of way running through land of Elaine Won to Henry's Lane Eutonsion. TOGNITHER with a right of way running southeasterly from said 331 priirate roadway through lands of Carmichael and Anlyan to the east to l,anra View Avenue and thence to Mill Lana, a public highway." PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS(RP42174NS):Www.Orps.ststs.ny.us FOR COUNTY USE ONLY C1.SYMtaCode �f7,3?;00,0 Now affon teDep Inance Received — _�2 Taxation and Finance C2 M%Deed Rseorded -5 /o / Lq Office d Real Property Tan,SwAces RP-5217 FEB 1 Z0�6 C1 Book 1 3 Ca PeQaL Real Property Trwnlw Report(8MG) PROPFRTYINFORMATION Zoning �►ars� 9f � 1.Prop ty OW Location an or. i Serer 0, Memo ► p a Ta Irdmb weer New Tr agb are to be sera Smite a oerr tteer buyer edaeee(ut haoom d ham)I • �nT�s`�� �i•c�f 1 � �,t St•r.v- J 1 f1�U ♦ rt Rou Sls nanbw b d Aeeuernek 1 I ( S Prt d e Pera1)Ckedr ae Roe pemeb 'itruAW m die deW •d Parosb OR Part of a PaOw �Pbrrry aoad.h'r�����Gam 6 Deed �.��/' �.8uhdrlor Apprwd era Roo.rd for Trrrh ❑ Property I ��x I CR I e/---� I Peioel lypatad 4r BiAdWlon dlh alep ProrsYd s snow IV V� Warr I I 1 rm T.Got tb boa i d wMoh mod accurately deeo0ee the roe of the pwpsi ty d to thin d de: CIIod the boar below r/bey apply: • L Ownaratrm TWO Is Cadombiun ❑ A Orr Faddy ltaddert0el LHentortainnestiArrummert AVIcule W I Camariy serNra IL leer Corwpjcd n an Vamrd Leif B 2 or 7 Fanwy Raaerd'd I' CAN-- 1 6duMd RDA P1opwy Loomed wean on AgWdurbald l OEl C Padded"Vwsd laid GAparmrr K PWrc Bw" 105.Byer r,I a dlsdosus naem lmv D A Vary Lad 11 L Fawt Mul Ste Rtvedy b ti anAWkubad Wind SALE INFORMATION I PjAl IL Orr ar mere d err aanAOwo asapp(trabh to bandy: it.econtract'e contract Dab A Bee Bdnaart Redd m or Fwmw Reletim w' B sae Reheat R----, Oce Vaiirr a Pabrora in euirwa C Oro d do Boyer b also a Sailer t2.Data of ads I Trrer / / 11>J U aura a 9der b Go-.— Aprcv a Lambe trogbdan E toed Type not Wei.9,or Y.and sale(Sp,*Babb I F Belo of Frrdorut or Use Sun Fee haired(Spay Below I 12.Full Ilse PriceI _ Q.Q I G t �Va a Properly Itolreon Teaehb 6bhs rrd 8de Deb, - . 1[ Salo d Btrbwae b kvkWW In Belo l►Im t W tide Ptlm b do fdd ataaud paid for Ste faroa+b 0 Oaaand properly. 1 O0"Unmrl Feclos ADeeynp Selo Prim(6pody A' ) Tho peymem maybe In the tam d east alter prope y a goof.a airs atrarptkn Of 1 Now, maya0r a serer obepaaalr.) Flwr Iawd m tM rrerrt whob bunt 1t.hdludDOw wWedpwaorW Q Q prepay hrrbrdW b tlr See ESSMENT WORMATION -D1ato shoW reflect thl',teat Final Aseranletd Rog wd Tax f>B L� I&Yew d Aaaaaaberd Roo ban, 1 1 -17.Total Assessed Vdr(d all pamb la tramcar' �JV etddl erartoa0on tab, I l.1 I — 1,.Prpwel Ora &A�J-U 1e.Bawd Dbmd wane I- Ifh S'e WO a U P— I 20.Tr slap tltrd,e"I Rae birdmwN(e man own four.neadr Bret wall add lnnd'dwannorm I 1 LOAD- QH,DD-QS O_00%a& I L ( I I I CERTIFICATION I ewrsy aYd d1 of Ore Now d h4wonednn*Swed rrww b 4 Sd i eirerrd det ab ewhb,d caw w been,staewest et eerwhd cast lewft will aaest of yee ladrwawdw SELL£R t11S11ATURE BUYER CONTACT INFORRMATM (Edr!mrrewwr trh Wr rerle atwfw h 11L.caddy.eeenaeaak aatwwxlwa nxa owlr-ftom� Ow Met be Wised QUarrarltR ern lypew�lyd dewly.) :r S eroNATURE A.. Alt,kAm1w a.. VMS /Swas . � eurtaaawnwe (� 1 63- ATTORNEY aaa/ wdwaaaa �,noluar,.,.®, llrt erex --• I 1 Y lrn 44-0— - -lr1�j �o�ea�,,( AWCoal ,noa nc.amr �1_K.C� I AM 1/Ovf a NEW YORKSTATE Car 0iMew sTAr ®t COPY TOWN OF SOUTHOLD PROPERTY RECORD CARD �ft ri�,,#.; STREET VILLAGE DIST. SUB. LOT m Ln FOR EROW NE q&W MWLd N E ACR. w �� g . Moha► rn r ct S W TYPE OF BUILDING \ w RES. SEAS. VL- FARM COMM. z m l En LAND IMP. TOTAL DATE REMARKS ul m Q c.s o L I ZQ2 2 . '3Z9— - i Z-L I iin !SI- c� 3 - L ') 0 — — o d CD rn Ln CD _ w a N o CD rn. • z FRONTAGE ON WATER -: F.[ TILLABLE FRONTAGE ON ROAD 5 WOODLAND DEPTH rf MEADOWLAND BULKHEAD HOUSE/LOT m m TOTAL I m .�. ®■a■■!■■■ ■■■!■!■® ■ ■■■■■■ ■�i■■■■ ■■�■ Foundation Basement Interior Finis,h Woodstove WAA I S_ •• •• •• ,MOM TOWN. OF SOUTHOLD PROPERTY RECORD CARD N , O"ER- K,,���,� - I STREET �` �' i VILLAGE i DIST. I COUNTY TAX MAP NO. "' v� ,On fi kilo.t Y�''.t at�i'��I ,��... 1', .L cl.�^.• I: v •, ,',C I / J��S'c - w /01 ,�}"; 2Go W W cn LAND IMP. TOTAL DATE REMARKS: An °J �C ^ .� S o �Q d �iCc ; Soon �a� �6o /G Ea s , 12 — i 3 JZ9 to.act, Ln N �*1 Ln 3 m g 1� CD Inn _ D Gl m m m y - $ TOWN OF SOUTHOLD PROPERTY RECORD CARDLn J -may m f` w OWNER t(X7O STREET VILLAGE- DISTRICT SUB. LOT ,. �. FORMER OWNER N ; E' ACREAGE S .). .}) j W . TYPE OF BUILDING RES. SEAS. -- ,.-�. VL.. FARM Comm. . � IND. I. CB: 1 "Misc. LA — ---- o LAND IMP. TOTAL DATE REMARKS � D D -;� /6 6' Sf��t • � ... . ..% f. � '-`" � f.l-{_�_g�_. �•=;G<- ? NEW NORMAL BELOW ROVE Form Acre Value Per Acre Value ( 'vT Nt? t fah )'Ln I. �•/ Yi LO rn fellable 1 CD -A _... _ Ln 0 CD Ln Tillable 2 LD Tillable. 3 0_ Wcodland m -Swampland �..;.. <• nfr,,! - Ln BrushlandCD House Plot CD N / �r —..—... Total ' ' f` m lD m W a I(�7-bR _ � -�• 3 Ln af C�fl -' LLI — _ �-�►"_ - O - - - -- 0 114 Ln p i x2.4 M: Bldg. ! — -lotion l Both _ Extension Basement `. Floors . w Extension , ? �� Ext. Walls interior Finish :S CD �n Extension J. Fire.Place/; "• :� /. ;;= Hear t�r1 C7 - — o -- - — `LO <u e Porch Attic p' __— - - :� _ .. ! it /o O 3 y fd' Porch Rooms lst Floor ° o Bt e lb q7 _ Patio Rooms 2nd Floor " . 1rly y,'.x: f 1 ✓� 2. i ��' Driveway n -- y 6A O O n V 1 1t:•;:.�t.r. ''.�� � °ri'al '``t rps-sow :; , . _ n ���-Y_ � - . , ■■■■■■gym■■■®_■��N■■■ !■!!■■■■■■ice=��■■■■■®® ■M!■■■!■■■■■■!■ti■■■ Westermann, Donna From- Elizabeth Baldwin <EBaldwin@ehalaw.com> Sent: Tuesday,June 2, 2026 11:37 AM To: Westermann, Donna Cc: Mindy Curven;Anthony Pasca; Sakarellos, Elizabeth; Fuentes, Kim Subject: RE: 970 Salt Marsh Lane, Peconic-.ZBA hearing Attachments: (9.7-0.Salt Marsh_Lane.Cover Letter.Memo in support of appeal.pdf;_97.J alt Marsh t-�,Lane.Memo_in-Support-of-Appeal,.pdf_ Hi Donna', In anticipation of our clients' public hearing on Thursday, please find the following documents for the Board's review: Liz1) Cover letter submitting our memorandum in support of our client's appeal dated June ;and 1 2) Memorandum in Support of Appeal from Determination of Merger. As instructed, our office will deliver the seven (7) hard copies of the memo later this afternoon. Thank you, t- Beth Baldwin f7 I o Elizabeth L. Baldwin Esseks Hefter Angel, Di Talia & Pasca LLP Counselors at Law Ph.: 631-369 1700 Fax: 631-369-2065 www.ehalaw.com The information contained in this e-mail is intended for the use of the named recipient only.It may contain information that is legally privileged,confidential,and/or exempt from disclosure under applicable law.If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering this message to the intended recipient,you are hereby notified that any use,disclosure,dissemination,distribution,copying,or taking any action in reliance on the contents of this communication is strictly prohibited.If you have received this communication in error,please notes us immediately by e-mail,by using your reply button to advise us of such error. Thank you. The information included herein is not intended or written to be used,and it cannot be used,by any taxpayer for the purpose of avoiding penalties that the IRS may impose on the taxpayer,nor for the purpose of promoting,marketing or recommending to another party any tax-related matter addressed herein. (The foregoing disclosure has been affixed in connection with Title 31,Code of Federal Regulations,Sub-title A,Part 10). From:Westermann, Donna <donnaw@town.southold.ny.us> Sent:Tuesday,June 2, 2026 8:25 AM To: Elizabeth Baldwin<E Baldwin @ehalaw.com> Cc: Mindy Curven<MCurven@ehalaw.com>; Anthony Pasca<apasca@ehalaw.com>; Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>; Fuentes, Kim <kim.fuentes@town.southold.ny.us> Subject: RE:970 Salt Marsh Lane, Peconic-ZBA hearing Good morning Beth, Please provide seven (7) hard copies, and please email PDF as soon as possible so I can forward to the Board. Thank you; Donna 1 Dov.wa Westermavww Of f ize ASSLSU Kk Zo►tiivA,g Board of Appeals Towv►, o f southoLot 1>.o. Box 1139 southol.d, Ny 119yr 1 (631) �65-1809 From: Elizabeth Baldwin <EBaldwin@ehalaw.com> Sent: Monday,June 1, 2026 11:13 AM To: Westermann, Donna <donnaw@town.southo Id.ny.us> Cc: Mindy Curven <MCurven@ehalaw.com>;Anthony Pasca <apasca@ehalaw.com> Subject: 970 Salt Marsh Lane, Peconic-ZBA hearing Hi Donna, We have a submission for Thursday's meeting on the above-referenced hearing.Would you like it as a PDF, followed by hard copies? If you would like hard copies, how many would you like me to drop off? Thank you, Beth Elizabeth L. Baldwin Esseks, Hefter, Angel, Di Talia & Pasca, LLP Counselors at Law Ph.: 631-369 1700 Fax: 631-369-2065 www.ehalaw.com Riverhead Office (For Mail & Service): 108 E. Main Street P.O. Box 279 Riverhead, NY 11901 Southampton Office (By Appointment Only) 30 Main Street Southampton, NY 11968 East Hampton Office (By Appointment Only) 15 Railroad Avenue, Suite 1 East Hampton, NY 11937 2 The information contained in this e-mail is intended for the use of the named recipient only. It may contain information that is legally privileged, confidential, and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient,you are hereby notified that any use, disclosure, dissemination, distribution, copying, or taking any action in reliance on the contents of this communication is strictly prohibited. If you have received this communication in error,please note us immediately by e-mail, by using your reply button to advise us of such error. Thank you. The information included herein is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that the IRS may impose on the taxpayer, nor for the purpose of promoting, marketing or recommending to another party any tax-related matter addressed herein. (The foregoing disclosure has been affixed in connection with Title 31, Code of Federal Regulations, Sub-title A, Part 10). ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 ESSEKS, HEFTER, ANGEL, DI TALIA & PASCA, LLP COUNSELORS AT LAW MAIN OFFICE,MAIL&SERVICE 108 EAST MAIN STREET P.O. Box 279 RIVERHEAD,NY 11901-0279 SOUTHAMPTON OFFICE PARTNERS 30 MAIN STREET CARMELA M.DI TALIA SOUTHAMPTON. NY 11968 ANTHONY C.PASCA AMANDA STAR FRAZER EAST N OFFICE LISA D.TYMANN 15 RAILRROADOAD AVE..A SUITE 1 June 2, 2026 EAST HAMPTON,NY 11937 rim A SMITH Received WWW.EHALAW.COM SENIOR COUNSEL (631)369-1700 STEPHEN R ANGEL FAx:(631)369-2065 MARCIA Z. HEFTER JUN 0 2 2026 (NOT FOR SERVICE) COUNSEL Zoning Board of A„„m�ale Board of CHRISTINE PERRUCCI $ 1-"p`� 9 Appeals SMITH Town of Southold ELIZABETH L.BALDWIN 54375 Main Road PATRICIA M.CARROLL Southold, New York 11971 ASSOCIATES LAUREN K.PETERSEN MEGAN E.CASE Re: Applicants: Steven Bruni and Kimberly Bruni DEANNA CINQUEMANI Premises: 970 Salt Marsh Lane, Peconic, New York OF COUNSEL SCTM No. 1000-068.00-03.00-008.003 JAMES SPIESS MCNULTY-SPIESS,P.C. Dear Chairperson Weisman & Members of the Zoning Board of Appeals: WILL"W. ESSEKS (1934-2022) Enclosed please find seven (7) copies of the Memorandum in Support of Appeal from Determination of Merger in connection with the Steven Bruni and Kimberly Bruni application. Very truly yours, ot-e Elizabeth L. Baldwin ELB Enclosures In the Matter of the Application of Bruni 970.Salt Marsh Lane, PeconicReCe1Ved 3 Zoning Board of Appeals JUN- 0 2 2026 / Zoning Board of APPeals MEMORANDUM IN SUPPORT OF APPEAL FROM DETERMINATIN OF MERGER I. Introduction: The applicants,Steven and Kimberly Bruni, are appealing the Building Department's October 27,2025,determination that the applicants'property,970 Salt Marsh Lane, Peconic is merged with the adjacent property to the west, 990 Salt Marsh Lane, Peconic. For reasons we will explain,the Building Department's recognition of the legality of this lot in two 1988 decisions(a building permit and Certificate of Occupancy for an addition to the existing residence on the subject property)prohibits a finding 37 years later that the lots had actually merged in 1983.Additionally, because the adjacent property to the west had been transferred into separate ownership in 1987, prior to the 1988 building permit and CO and prior to the1995 adoption of the Town's Merger Law, it would be unlawful to find, retroactively,that properties already placed into separate ownership had in fact merged long before the Merger Law was adopted. II. Properties and Timeline of Events: A. Subject Property—Lot 8.3 The subject property is located at 970 Salt Marsh Lane, Peconic and is designated on the Suffolk County Tax Map as SCTM# 1000-68-3-8.3(hereinafter"Lot 8.3"). Lot 8.3 is 38,508 sq.ft.,which is 96%conforming to the 40,000 sf minimum lot size required in the R-40 zoning district. In 1971, Nelson Axien owned the subject property as part of a larger tract of land,which he proceeded to subdivide lawfully(as discussed below). A title report certified to the Town lists the chains of title for Nelson Axien's subdivided parcels that are relevant to this application is annexed hereto as Exhibit 1. The deeds in the specific chain of title to the subject property, Lot 8.3, are annexed as Exhibit2. 1 As referenced therein, Nelson Axien had acquired the larger property by deed from Robinson/Salmon to Nelson Axien-Deed, dated 5/17/43 and recorded 5/28/43. According to property records, Nelson Axien died on October 13, 1983, and his wife, Elaine Axien,was Nelson Axien's wife and sole devisee,thus inheriting all of his property, including Lot 8.3. Twenty-three years later, she transferred Lot 8.3 to Jonathan Gilson and Regina Ebel, his �3r wife, in a deed dated May 11, 2006 and recorded May 24, 2006, at L.1 2451,p.%&*Md Gilson and Regina Ebel, his wife, held Lot 8.3 for twelve years and transferred it to Steven 1 Bruni and Kimberly Bruni (the applicants in this appeal), by Deed dated 11/2/20JUN 0'2 2026 Recorded 12/20/18 at L.1 2993,p.760. Zoning Board of Appeals B. 1971 Planning Board Subdivision-Lots 8.2, 8.3, and 8.4 On February 1, 1971,the Planning Board approved the subdivision of Axien's then 2.5-acre property, as depicted on a map entitled"Minor Subdivision for Nelson Axien."(Exhibit3). The subdivision map,which notes the"Approval By Pt Bd Feb 1 1971,"is depicted as follows,with the middle lot(numbered"2") being the subject property(i.e., Lot 8.3): N h'O F IvJ1N0_ SUBDIVISION 0 °e ,...+► .l f O FOR NEL f ON AXIEN 1 p Ar �+•. +I Js,000! ,cs. ,` r—•. �i`' row, OF S�wrHo4�.v.Y. ,faa • `' ¢oar f+�� '1^ n.000tr.i, b SCAr.a+so'=r- d'. �iC Z2'N.'r� ' +yqe+OMt MAPP60 occ.n,roe° I I y I VAN NYL It SON ' '- L+CENfa LANs Ju•vfroll asrlNroer,N.Y. l 4930-3418-3599,v. 1 . The current tax map depicts these lots in the same configuration as they were on the 1971 Subdivision. A copy of the GIS printout showing the current tax map of the area in question is annexed hereto as Exhibit4, and an excerpt thereof is as follows: r ece� d • 41 JUN 0.2 2026 �g </ 9j Zoning Board of ppea{s az Q $ 8.3 S � g 8.4 7 PECONIC LAND ' TRUST As shown on this tax map, Subdivision Lot 1 is now known as 990 Salt Marsh Lane and is designated on the Suffolk County Tax Map as 1000-68-3-8.4(hereinafter"Lot 8.4") . Subdivision Lot 2, now known as 970 Salt Marsh Lane, is the subject property and is also described herein as"Lot 8.3." Subdivision Lot 3 is 880 Salt Marsh Lane and is designated on the Suffolk County Tax Map as 1000-68-3-8.2(hereinafter"Lot 8.2"). Based on our research, all three Subdivision lots conformed to zoning at the time of the 1971 subdivision, and each lot was improved with a single-family residence, as depicted on the Subdivision Map(though the house on Lot 8.4 was moved from being on the property line to its current location, as shown on the tax map. C. Transfers of Lots 8.Z 8.3, and 8.4 Into Separate Ownership by 1987 Through a series of conveyances, Lots 8.2, 8.3, and 8.4 were all eventually placed into separate ownership by 1987(see Exhibit 1). ` First, in 1978, Nelson Axien transferred Lot 8.2 to Edward and Charlotte Pochtrager, by deed dated 9/15/78, recorded 9/20/78 at L.8501,p.509. As of that time, Nelson Axien still owned Lots 8.3 and 8.4. 4930-3418-3599,v. 1 As mention,when Nelson Axien died on October 13, 1983, Elaine Axien inherited both of the remaining lots that he had owned (8.3 and 8.4). ReCelVed o2s �1�3 In 1987, Elaine Axien transferred Lot 8.4 to Noel O. Mohammed, by deed dated J�dt44,2 1987, recorded July 6, 1987 at LA 0358 p.189. s Zoning Board of Appeal As of 1987, Elaine Axien still owned Lot 8.3(the subject property), but all three original subdivision lots(8.2, 8.3, and 8.4)were now in separate ownership. The chains of title also confirm that, after 1987,the three original subdivision lots were never again placed in common ownership. D. Building Department Recognition of Lot 8.3's Legality in 1988 A number of building permits and COs were issued to the subject property through the years. In addition to a 1973 CO for a"Private one-family dwelling,"and 1980 CO for an "Addition to accessory building,"there were two critical decisions made by the Building Department in 1988,afterthe lots had been placed in separate ownership. A copy of the 1988 Building Department file relating to an addition that Elaine Axien was proposing for the subject property, is annexed in its entirety as Exhibit5. The 1988 Building Department File involved an application made by then owner of the subject property, Elaine Axien,to construct an"Addition to Existing Summer Bungalow." The plans show that Ms.. Axien was proposing to add a 12'x 24'addition to the existing home to create a new living room and bedroom along its east side. We note that this Building Department file indicates that the subject property, Lot 8.3,was described as having an address of M Salt Marsh Lane, even though its current address is 970 Salt Marsh Lane. This may be the source of some confusion, because Lot 8.2s current address is 880 Salt Marsh Lane. It is unclear whether the address of the subject property was incorrectly listed in the 1988 file as 880 Salt Marsh Lane or whether the property addresses have been renumbered since 1988, making-them accurate as of 1988. However, it is clear from a review of the file, including the applicant's name (Elaine Axien),the tax map designation of the property(1000-68-3-8.3), and the"plot plan"shown on the approved building plans included in the file*,that this building department file was indeed the file for the subject property(Lot 8.3, a/k/a Lot 2 on the 1971 Subdivision Map),which Elaine Axien owned at the time, and it was not related to the property that is currently- addressed as 880 Salt Marsh Lane (Lot 8.2, a/k/a Lot 1 on the Subidivion Map),which Elaine Axien did not own as of 1988. 4930-3418-3599,v. 1 J As reflected in that 1988 Building Department File, it is also clear that the Building Department had looked at the specific question of the then-ownership of the three lots, because the file includes a copy of the 1971 Subdivision Map with handwritten notations C on it, stating that Subdivision Lot 1 (tax lot 8.4),was "Sold-Dr. Mohammed June 23/87", that Lot 3(tax lot 8.2),was"Sold Pochtrager,"and that the middle Subdivision Lot 2(the subject property,tax lot 8.3),was still owned by"Elaine Axien" seCeived • JUN fl 2 2026 Zoning Board of Appeal' • ! i -'ems;----'�y jo i 2 _AAA b,na �l 1'• \ J907 AR } t Z .- .�1 S G '• - 36,6a2f94 1 X l T FI4la.e 14 Cti . s The 1988 file confirms that WQ building inspectors determined that the subject property was a recognized lot eligible for a building permit in 1988, despite the then-known fact that Lot 8.4 had only been sold to Dr. Mohammed on"June 23/87." First, on June 2, 1988, Building Inspector Thomas Fisher issued Building Permit number 17053, authorizing Elaine Axien to construct her addition, as per the following excerpt: 4930-3418-3599,v.1 TOWN OF SOUTHOLD ' BUILDING DEPARTMENT TOWN HALL Received SOUTHOLD,N.Y. JUN 01 2026 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL Zoning Board of Appeals COMPLETION OF THE WORK AUTHORIZED) W017053 Z Dote ..._ .._ .............................._.................., 19.Vf1 Pw—I.i n Is Mreby gro tod h/ • . mow. ..... `�+_.._ ...... . ........................................ S. 1....... !I!/ .............. .. .. ..........1,1.971....... .. �....� a.a7WA........... � - ... .... ..._._.......... of prmnlses lasted at...�a�.Gl/�_.G / � Q=X--...�� •.. ....__ .............. ....................._.._...... ..................................................................................... ....................._.............................................. .. pp............................... ........................_.............._.......... C.1y Tax Mop No. 1000 Section..._Xl.O._......_ 8I k ........ _...._. Lot No........C,3 ...... pumant to application doted ...i.... .. ..._.._............................ Iseff, am approved by tM StAIdInG Inspector. Fee Notes in the file reflect that Axien proceeded to construct the addition, and have it inspected on July 25, 1988 by Inspector Vincent(Vinny)Wieczorek,whose handwritten notes indicate that he found the property eligible for a CO as follows: CODE s a. 2f O. O — F1dAL c :z ADDITIONAL COMMENTS: z Then, on September 13, 1988, Building Inspector Wieczorek issued a typewritten Certificate of Occupancy No. Z17290,certifying that the addition and property conformed to the building permit No. 17053Z and also"...conforms to all of the requirements of the applicable provisions of the law,"as per the following excerpt: 4930-3418-3599,v. 1 FORM NO. 4 1VdN OF SOUTHOLD V BUILDING DEPARD!ENT Received Office of the Building inspector Town Hall Southold, N.Y. JUN 02 2026 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No Z17290 Date SEPTEMBER 13, 1988 THIS CERTIFIES that the building ADDITION Location of Property_ 880_ SALT MARSH LANE PECONIC House No. Street Hamlet County Tax Nap No. 1000 Section 68 Block 3 Lot 8.3 Subdivision Filed Nap No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 13, 1988 pursuant to which Building Permit No. 17053Z dated ,NNE 2, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate to issued is ADDITION TO EXISTING SUhLM BUNGALOW. The certificate is issued to MAINE AXIEN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N031551 PLUMBERS CERTIFICATION DATED �A SuildingoInspector As of the 1988 certificate of occupancy,the Town Code did not have a specific Merger Law. Instead,there were provisions (in Section 100-31)discussing how pre-existing lots would be treated insofar as the bulk schedule was concerned, but those provisions did not mention the concept of merger, much less set forth the specific conditions on which a merger could be found. For reference, a copy of the Table of Contents of the Zoning Code in effect in 1988, as well as a copy of the full text of Section 100-31, is annexed hereto as Exhibit 6. Section 100-31 of the 1988 Code makes clear, however,that if the two building inspectors who issued a building permit and CO for the subject property in 1988 had found that the 4930-3418-3599,v.1 subject property had merged with Lot 8.4,the property would not have been eligible for either the building permit or CO. The preamble to Section 100-31 states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District,unless the same conforms to the following bulk ' 4Lt and parking requirements...." (Emphasis added). Based on that code, Inspector's Fisher a and Wieczorek approved the.1988 building permit and 1988 CO, respectively.Received Based on our review of the files, at no time thereafter was the 1988 CO challenged or, . questioned, much less revoked. JUN 02J2026 Thus,when the applicants herein, Steven and Kimberly Bruni, purchased t;W@ %j@efrd of Appeals property, it is indisputable that: 1. the property was benefitted by a lawfully-issued, 1988 building permit and Certificate of Occupancy; 2. the 1988 building inspector decisions were based on the 1988 code in existence at the time,which contained no merger law; 3. the 1988 building inspectors were aware that the property had only been fully placed in separate ownership from Lot 8.4 in 1987; 4. the property had remained in separate ownership from all points after the building inspector's 1988 decisions. E. Town's Adoption of Merger Law in 1995 The Town of Southold adopted its first express merger law on November 28, 1995, by Local Law No. 23 of 1995,which simultaneously adopted the Merger Law and Lot Recognition Law. A copy of the file for Local Law No 23 of 1995 is annexed hereto as Exhibit 7. As discussed further in the"Analysis"section below,the legislative history of the 1995 Merger Law confirms that the Town in 1995 viewed the issues of lot recognition and merger as a"black hole"in the then existing code, and the proposed new laws,which were then designated as Code Sections"100-24(Lot Creation)"and"100-25(Merger),"were intended to address the fact that the Building Department, Planning Department, and Zoning Board were applying the rules of lot recognition and merger differently, by creating clear rules to be followed. On March 4, 1997 the Town Board added another exception to merger to exclude properties with single family residences larger than 850 sq.ft from the effects of merger, and, on April 10, 2007,the Town Board added the no-merger-by-death exception. 4930-3418-3599,v. 1 Received <:aO r The current merger taw now reads: JUN 0 2 2026 gl0 §280-10. Merger. Zoning Board of Appeals A. Merger.A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at anytime after July 1, 1983.An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lot shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership"shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under§280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter:. (1) The nonconforming lot has a minimum size of 40,000 square feet; or (2) The nonconforming lot obtained a lot size variance from the Zoning Board; or (3) If the lot is not on the maps described in former§ 100-12,the nonconforming lot has been held in single and separate ownership from July 1, 1983,to date; or (4) If the lot is on the maps described in former§ 100-12,the nonconforming lot has been held in single and separate ownership from January 1, 1997,to date; (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one; or (6) If the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. D. Proof of merger.The Town shall require a person seeking determination of merger to provide any or all of the following documents for evaluation: r 4930-3418-3599,v. 1 .(1) Proof of the date when the lot was created and the size of the lot,togethecelVed with a copy of a legal description of the parcel, all to the satisfaction of t e . Town. JUN 012026 (2) A copy of the current tax map and survey of the lot. Zoning Board of Appeals (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the property from July 1, 1983,to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with$25,000 of insurance. (1) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with.The Building Department will issue.a written determination whether a property falls within an exemption to the merger provision. F. The Building Department's 2025 Determination of Merger The Brunis, as current owners of the subject property, submitted an application for a building permit on August 26,2025,to demolish the existing residence and build a new residence. The permit was denied by the building department in an October 27, 2025 Notice of Disapproval,which stated that the application was being returned and disapproved on the following grounds: "The subject lot has merged with an adjacent lot to the west(SCTM#1000-68- •3-8.4) pursuant to Article II Section 280-10.which states: "Merger,A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983.An adjacent lot is one which abuts with the parcel for a common course of fifty(50)feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Although this Notice of Disapproval does not identify the exact dates upon which the finding of merger was made, it appears that the decision was based upon the period between July 1, 1983 and June 22, 1987 (at which point the adjacent lot, 8.4, was placed into separate ownership from the subject property). 4930-3418-3599,v.1 Received �cb3 r G. Alternative ZBAApplications JUN 02 'N26 On December 16, 2025,Applicants timely appealed from the 10/27/25 NkWaf Board of Appeals Disapproval by filing three simultaneous applications for(1)appeal from the interpretation that the properties had merged, or, alternatively,for(2)variances or(3)waiver of merger. Applicants were informed that the variance application could not be processed until the waiver of merger application was denied, so the variance request was withdrawn pursuant . to those instructions,without prejudice to refile if necessary. Although this application is now simultaneously noticed for both appeal and waiver-of- merger relief,the following will address the grounds supporting the appeal from the Notice of Disapproval, in order to explain why the underlying decision (that Lot 8.3 had merged with Lot 8.4). The alternative waiver-of-merger relief will be addressed at the hearing. Analysis and Grounds Supporting Appeal The sequence of events described above-i.e.,the 1971 Subdivision,followed by the 1978 conveyance of lot 8.2,followed by the 1987 sale of lot 8.4,followed by the 1988 building permit and CO to the remaining lot 8.3(Subject Property),followed by the 1995 adoption of the Merger Code-is critical because, under a number of rules and doctrines applicable in New York,the Building Inspectors'1988 decisions to recognize this lot(after it had already been separated in ownership)cannot, as a matter of law, be abrogated after 37 years of reliance on that decision. 1) One building inspector cannot disregard a reasonable decision of two prior building inspectors. Because two prior building inspectors, Fisher and Wieczorek, respectively approved both the 1988 building permit and 1988 CO-- neither of which could have issued had they deemed the Subject Property"merged"with lot 8.4 based on the more vague lot recognition rules described in then Section 100-31 --it was improper for the current Building Department to abrogate those decisions 37 years later, by retrospectively finding that the Property had actually merged back in 1983-five years before the 1988 building inspectors approved the Building Permit and CO for the same parcel. This rule of consistency of building inspector decisions was discussed and correctly followed by the zoning board in Kennedyv.Zoning Bd. of Appeals of the Town of North Salem, 205 A.D.2d 629(2d Dep't 1994). In.that case,the property owner requested a certificate of occupancy from the building inspector prior to his purchase of the property in 1979.At that time,the building inspector provided the owner with a letter stating that the property was in compliance with the then-applicable 1965 zoning ordinance, and pre- dated the requirement for a certificate of occupancy.Ten years later, after a new zoning 4930-3418-3599,v.1 ordinance was enacted rendering the owner's use non-conforming, anew hp ippldin pp inspector retrospectively determined that that the earlier, 1965 zoning ordi'nb11 � a certificate of occupancy and that the property owner's use was therefore not JWW 24026 because he did not have one. Id. Zonin Bo rd of A peal6 The zoning board subsequently granted the property owner's appeal�nd found t use to be a lawful nonconforming use. In upholding the zoning board's determination,the Appellate Division specifically noted that:"since the Town's Building Inspector determined in 1979 that the property, and the owner's use thereof,fully complied with the 1965 Zoning Ordinance,the new Building Inspector could not, 10 years later,find that the same use violated the same ordinance."Id. at 631. This.rule has also been applied to circumstances where one building inspector issued a building permit but a second building inspector later refused to issue the certificate of occupancy. See Village Green Condominium Corp. v. Nardecchia, 85 A.D.2d 692 (2d Dep't 1981). In that case, because the issue raised by the second inspector had been fully-addressed by the prior inspector, and because the prior inspector's interpretation"was a rational one and not clearly incorrect,"the court concluded that"the subsequent building inspector could not properly refuse to issue a certificate of occupancy based on an interpretation ...that was contrary to that of the prior building inspector who issued the building permit." Courts have similarly found that a municipality cannot revoke a certificate of occupancy where the use complained of existed prior to the issuance of the certificate of occupancy and the building inspector who issued the certificate knew or should have known of the use.See Kinderhook Equities Inc. v. Simonsmeier, 267 A.D.2d 547(3d Dep't 1999). Applying that rule here, once the two building inspectors in 1988 determined that Elaine Axien was entitled to a building permit and CO for an addition to the Subject Property, based on the then-applicable Section 100-31 rules regarding pre-existing lots, they are deemed to have approved the then legality of that parcel, and the current building inspector could not, using 37-year-old hindsight, determine that the Property had in fact "merged"with the adjacent lot 8.4 between 1983 and 1987,when they were held in common ownership. Neither the current building inspector nor this Board can put themselves into the shoes of the 1988 Building Department,which, at that time, had a much different zoning code to enforce--the 1988 version of the zoning code did not include a specific merger law and did not address what circumstances would lead to a merge. As discussed in Section 4 4930-3418-3599,v. 1 below,the Town's Merger Law was not adopted until 1995, and the legislative history of that or( law confirms that it was intended to fill a"black hole"in the code and address the issue of DD lot recognition and merger,which the Building Department, Planning Board and Zf4fteived Board all treated differently. Given the Town's admitted lack of a clear merger rule before 1995,the 2025 Building Department and 2026 Zoning Board cannot second guess hqW*EO 2 ?026 1988 Building Department applied the pre-Merger Law zoning code. Zoning Board of Appeals 2) Elaine Axien's completion of construction in 1988 resulted in"vested rights" that could not be abrogated 37 years later. The events of 1988 also lead to a finding of vested rights as of 1988,which rights could not be abrogated 37 years later in 2025. As explained in Golia v. Srinivasan, 95 A.D.3d 628, 629-30(App. Div. 1 st Dept. 2012), if a building permit is issued based on a reasonable interpretation of the zoning code and is thereafter relied upon in the completion of construction,the owner's rights become "vested": BSA correctly recognized, in any event,that because the permit was initially issued based on a reasonable interpretation of the Zoning Resolution, it was valid when issued and gave Carroll a vested right to construct his home in reliance on the validity of the permit(compare Matter of Perrotta v City of New York, 107 AD2d 320, 325,486 NYS2d 941 [1985], affd 66 NY2d 859,489 NE2d 255, 498 NYS2d 368 [1985]; see e.g.Village Green Condominium Corp.v Nardecchia, 85 AD2d 692, 693,445 NYS2d 494[1981] [subsequent building inspector could not properly refuse to issue a certificate of occupancy based on an interpretation of"place of public assembly"that was contrary to the rational interpretation of the building inspector who had initially issued the building permit]). Here,the 1988 building inspector decision to issue a building permit was based on a reasonable interpretation of a zoning code that-as of 1988-contained no"merger" provision. For reasons discussed below, in the absence of a specific merger provision, it is contrary to New York law to find a merger. Thus, Elaine Axien acquired vested rights in the legality of her property in 1988 when she obtained a building permit,then completed its construction, applied for a CO, and obtained that too. 4930-3418-3599,v. 1 vl l)& Bec 3) .Once the CO was issued in 1988 and remained unchallenged after u days, ived future owners like the Brunis were entitled to rely on it. JUN 0 2 2026 The issuance of the 1988 CO added another dimension of protection toSlho leg stadusf Appeals of the Subject Property, because unchallenged COs are entitled to be'relied upon and cannot be disregarded by future zoning boards. The leading case on this issue is Palm Management Corp. v. Goldstein, 8 N.Y.3d 337 (2007), a case that arose in.East Hampton Village and made its way to the highest court in the State. In that case,the property had been the subject of two prior certificates of occupancy,which were issued by prior building.inspectors in 1989 and 1993. In 2003,the then building inspector issued a new certificate of occupancy that described the property's uses in more detail. When some neighbors brought an appeal from the 2003 certificate within the usual 60-day time period,the zoning board took jurisdiction over the entire property and purported to find certain aspects of the uses unlawful, even though they had been set forth in the 1989 and 1993 certificates. In the ensuing Article 78,the N.Y. Court of Appeals concluded that the neighbors could not challenge those parts of the 2003 certificate that merely re-stated the earlier certificates, because those earlier certificates had not been timely challenged within 60 days of the 1989 and 1993 certificates. Id. at 339-41. With respect to the new parts of the 2003 certificate,the Court of Appeals found the neighbors'challenge timely. The Court of Appeals explained that its decision was a matter of fundamental fairness to landowners,who are entitled to rely on a decision after the 60-day statute of limitations had passed: "Any other result would be unfair.The obvious purpose of the 60-day limitation... is to provide repose for property owners and those who might buy or lend money on the property.they should be able to rely on the fact that the time to appeal from the issuance of a certificate of occupancy has run"Id. (Emphasis added) Applying this rule to our case,the unchallenged 1988 CO issued to Elaine Axien was a formal document that both she and her successors, including the Brunis,were entitled to rely upon for purposes of establishing the property's compliance with the zoning code as of 1988. See DeNicola v. Scarpelli, 154 A.D.2d 462,464(2d Dep't 1989) ("Unless the challenger shows that it was not issued legally, a certificate of occupancy which states that the premises conforms to the appropriate Code provisions establishes the legality of the use certified therein"). Stated differently, neither the current building inspector nor this Board may second-guess the 1988 CO and substitute a new finding that the Property had 4930-3418-3599,v.1 actually merged with the adjacent Lot 8.4 between 1983 and 1987, as that fin ngwo4ld have precluded the issuance of the 1988 CO. deceived 4) The Town had no clear merger law as of 1987(when Lot 8.4 was conve,WR 1019 2026 separate ownership)or 1988(when the building permit and CO were issued). Zoning Board of Appeals As discussed above,the Town did not adopt a specific merger law until 1995,with the passing of Local Law No. 23 of 1995,which simultaneously created the"Lot Recognition" law(then §100-24, currently§280-9)and Merger law(then §100-25, currently§280-10). As reflected in the version of the Zoning Code that existed between 1983 and 1988—the key period at issue in this case—the only relevant provision was Section 100-31,which provided the Bulk requirements for the"A"district. As relevant to this property, Section 100-31 provided at the time that(1) single-and-separate lots that were"held in single and separate ownership prior to November 23, 1971, and thereafter,"and that are under 40,000 sf, could be used and built upon using the bulk requirements of"Column A"of the schedule (100-31.A)and (2)"All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983"were subject to the bulk requirements of"Column A-40."(100-31.B(1)). Other than those distinctions,there was no specific merger law inexistence between 1983 and 1995. In a pre-hearing memo from the then Town Attorney, Laurie Dowd, Esq.,to the Town Board, she explained that the proposed Local Law was "intended to address staff problems in determining if lots were legally created and if they can exist today as separate lots. Currently,the Planning Board,Zoning Board and Building Department handles these issues differently, because there is no clear guidance in the code as to how the issues should be handled. The new ordinance gives such guidance." Later,when the 1995 Lot Recognition Law and Merger Law were introduced at its public hearing,the Town Attorney described the law as filling"a sort of black hole in its existing Town Law,as regards to two aspects of lots,"one being to create a uniform lot-recognition standard and the other to deal with the merger of undersized lots. The lack of a clear merger law in 1987 (when Axien conveyed lot 8.4 into separate ownership) and 1988(when Axien obtained her Building Permit and CO for the Subject Property) is key to this appeal because, under New York law,the absence of a specific merger law precludes a finding of implied merger. The leading case on this issue is the Court of Appeals'decision in Allen v.Adami, 39 N.Y.2d 275,277(1976),which involved a code that included a single-and-separate provision, but not a clear merger law. The Court of Appeals noted that:"The ordinance 4930-3418-3599,v.1 before us does not clearly provide that common ownership arising subsequent to January 22, 1962 would effect a merger...." The Court then explained that if the village had wanted -6 to create such a merger, "it could easily have done so." And, because"zonin�r t d �liJ are in derogation of the common law,they must be strictly construed against the municipality which has enacted and seeks to enforce them,"including by resolvJWQy2 '2026 ambiguity"in favor of the property owner." The Court went on to explain that: Zoning Board of Appeals A contrary holding could lead to a rule that a substandard parcel merges into an adjoining parcel when both come into common ownership unless the ordinance creating the special exception specifically provides to the contrary. Neither the case law nor.sound public policy permits such a rule. A merger is not effected merely because adjoining parcels come into common ownership....The contrary view would undermine the many cases which have held there to be no merger in the absence of a specific merger clause....Indeed,were that the rule,there would be no need for the specific merger clauses found in [several cases]." Many other cases in New York have come to the same conclusion, both before and r -- after the Adami case, including,for example: • Diem v. Teitelbaum, 253 A.D.2d 823 (2d Dep't 1998)-"As there was nospecific merger clause in the Village of Tuxedo's zoning ordinance during the time when the two lots were held in joint ownership the two lots did not merge"; • Meadow v. Mansi, 282 A.D.2d 677(2d Dep't 2001)-Where the Town of Huntington "did not enact a merger provision in its zoning ordinances until May 1998,"and the new merger law was adopted after the transfer of ownership had already, occurred,the properties did not merge; • Van Perlstein v. Oakley, 203 A.D.2d 853(3d Dep't 1994)-"As pointed out by the Supreme Court, in the absence of a specific merger clause, a merger is generally not effected merely because adjoining parcels come into common ownership... Inasmuch as the Town's zoning ordinance does not contain a specific merger clause, Elizabeth Stump's acquisition of the title to Parcel 1 in 1986 did not result in a merger"; • Edelman v. Village of Westhampton BeachZBA, 2016 N.Y.Misc.Lexis 3577(Supreme Court, Suffolk County, 2016)-Even where there was a"single and separate" provision in the code,the Court annulled the ZBA's finding of a merger and concluding: "It is well established that in the absence of an express statutory 4930-3418-3599,v.1 provision setting forth the conditions under which adjoining parcels iVed deemed to have merged,there can be no merger." JUN 0 2-2026 Based on this settled rule,the two building inspectors who found, in 1988,that Elaine Axien was entitled to a building permit and CO to expand her home;aNO&IgWd of Appel correct law, because the Town of Southold did not adopt a formal merger law until 1995. As discussed above,the 1988 zoning code did not contain any discussion of the conditions on which a merger would occur, but only included the provisions(in Section 100-31) under which a lot would be.deemed to be entitled to a building permit. As the Court stated in Allen v.Adami, if the vague Section 100-31 that existed in 1988 (but did not discuss merger) had already been sufficient to support a finding of merger, "there would be no need for the specific merger clauses"that were adopted in 1995. In fact,the legislative history of the 1995 Merger Law confirms this very point, because, as discussed above,the Town Attorney had explained that its purpose was to fill the"black hole in its existing Town Law"and provide for clear guidance to the Building Department, Planning Board, and Zoning Board,which had until then been applying the rules of lot recognition and merger differently. 5) The 1995 Merger Law could not be applied retroactively to abrogate Elaine Axien's vested rights acquired under the 1988 CO. To the extent the 1995 Merger Law purported to have a retrospective lookback period back to 1983,the application of that law could not be retroactive to the extent of impairing Elaine Axien's rights that vested in 1988, after she had already conveyed Lot 8.4 into separate ownership in 1987 and then completed construction of the addition in reliance on the 1988 building permit. As mentioned above,the dispositive question is whether the properties were in common ownership at the time the merger law went into effect. Meadow v. Mansi, 282 A.D.2d 677(2d Dep't 2001) (merger did not occur because parcels had been separated at the time the new merger law was adopted in 1998). Here, as of 1995, it is indisputable that the three original subdivision lots had been conveyed into separate ownership no later than 1987. In general,whether a zoning statute can apply retroactively involves a determination whether doing so might impair vested rights. "The general rule against interpreting statutes or ordinances retrospectively, especially where vested rights are involved, applies to zoning ordinances."Overocker v. Madigan, 113 A.D.3d 924, 927(App. Div. 3rd Dept. 2014)(quoting Islip v. Caviglia, 73 N.Y.2d 544, 560(1989)). "Generally, nonconforming uses and structures are constitutionally protected and permitted to continue, notwithstanding the attempted 4930-3418-3599,v. 1 i contrary provisions of a new or amended zoning ordinance, unless the resulting loss to the owner is relatively slight and insubstantial."Somers v. Camarco, 308 N.Y. 537, 5A1 (1955). Received As this Board is well aware from its recent case in the Matter of Posillico, even remedial(corrective)statutes that confer benefits on landowners can be applied JUN 0 2"2026 retroactively, but only where"retroactive application of the amendment would not result in unfairness or impair substantive rights." Posillico v. Southold Town Zoningt73c�n0 Appeal sof Appeals 219 A.D.3d 885, 888(App. Div. 2nd Dept.2023). Applyingthat rule here,the 1995 Merger Law could not be applied retroactivelyto the extent doing so would impair Elaine Axien's vested rights. Elaine Axien's rights had vested in two respects as of 1995. First, as described in section 2 above, her rights vested based on her completion of construction in 1988, based on a lawfully-issued building permit and certified as lawfully- completed in the 1988 certificate of occupancy. Second,the fact that she had conveyed Lot 8.4 into separate ownership at the time of the 1995 Merger Law means that she had vested her rights in the remaining Lot 8.3. The rule has been stated as follows: "Even where there is no section in the ordinance exempting such [undersized]parcels from restrictions in an ordinance subsequently enacted--an`exception'provision--the owner is entitled to a building permit without a variance from the area requirements ... because the right to use the substandard parcel is a vested one...which cannot be destroyed by a subsequent adoption of amendments to the zoning ordinance...." Mackay v. Mayhall, 92 Misc. 2d 868, 871, 401 N.Y.S.2d 679, 681 (Sup. Ct. 1977). In the Mackay case,the Court found that the dispositive question was whether the lots had been placed in separate ownership—thereby vesting rights—before or after the merger law was put into effect, and it scheduled a trial to determine that question. Here, there is no doubt that Lot 8.4 was placed into separate ownership in 1987, eight years before the 1995 Merger Law was adopted. Therefore, regardless of the retrospective lookback in the 1995 law to 1983,the taw could not be applied retroactively to impair Elaine Axien's vested rights. 4930-3418-3599,v. 1 Conclusion The applicants are respectfully requesting the Zoning Board of Appeals to overturn the Building Inspector's determination that the subject property is merged with tha addjCel�C LOU to the west(lot 8.4). R JUN o2 N26 Zoning Board of Appeam i 4930-3418-3599,v.1 Received JUN 0 2 Z026 Zoning Board of Appeals I ® BlumbergE�rcelslor®,Inc..NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 Fidelity National Title INSURANCE SERVICES,LLC Received JUN V 2 Z026 TITLE NO: 7404-020379 District: 1000 Section: 068.00 Zoning Board of Appeals Block: 03.00 Lot: 008.003 Town of Southold,New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED i 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 Steven Bruni and Kimberly Bruni, husband and wife and his/her predecessors in title since prior to 5/17/1943 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 j circumstances exceed the amount of Twenty-Five Thousand Dollars($25,000.00)and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: July 14, 2025 FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SAND J. GOLESKI Sworn to before me this 14`l'day of July, 2025 JKYLEE S DEFRESE 1 I NOTARY PUBLIC-STATE OF NEW YORK i Not ry Public No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 Fidelity National Title INSURANCE SERVICES,LLC Received TITLE NO. 7404-020379 JUN 0 2 Z05 STATE OF NEW YORK) ss: Zoning Board of Appeals COUNTY OF SUFFOLK) SANDRA J. GOLESKI,being duly sworn deposes and says: That 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: 1000-068.00-03.00-008.003 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 5/17/1943. SUBJECT PREMISES: 1000-068.00-03.00-008.003 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien died a resident of Suffolk County on 10/13/1983. Surrogates File No. 1606P1983. I Elaine Axien,as sole devisee under the last will and Liber 12451 cp 638 Testament of Nelsen Axien a/k/a Edward Nelson Dated: 5/11/2006 Axien, deceased Rec'd: 5/24/2006 To Jonathan Gilson and Regina Ebel, his wife FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA . GOLESKI Sworn to before me this 14th day of July,2025 KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK lto(Ahl b2M11A/ Nota Public No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 ii Fidelity National Title INSURANCE SERVICES,LLC r Received Jonathan Gilson and Regina Ebel,his wife Liber 12993 cp 760 To Dated: 11/02/2018 JUN 0 2 '2026 Steven Bruni and Kimberly Bruni,his wife Rec'd: 12/20/2018 LAST DEED OF RECORD Zoning Board of Appeals PREMISES NORTH: LONG ISLAND SOUND PREMISES EAST: 1000-068.00-03.00-008.002 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien Liber 8501 cp 509 To Dated: 9/15/1978 Edward Pochtrager and Charlotte Pochtrager,his wife Rec'd: 9/20/1978 Edward Pochtrager and Charlotte Pochtrager, his wife Liber 11397 cp 171 To Dated: 12/27/1991 Charlene Edwards and Edward Pochtrager;Jr. Rec'd: 1/07/1992 Edward Pochtrager,Jr. and Charlene Edwards Liber 11696 cp 26 To Dated: 9/23/1994 Thomas Tumbarello and Judy Tumbarello,his wife Rec'd: 9/28/1994 r Thomas Tumbarello and Judy TumbareIlo,his wife Liber 11879 cp 127 To Dated: 2/10/1998 Rivka Schoenfeld Rec'd: 2/19/1998 FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA J. 90LESKI Sworn to before me this 14t'da of July,2025 S NOTARY KYLEE S DEFRESE MAP PUBLIC-STATE OF NEW YORK No.01 DE64201 ss l,fota& Public Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 f Fidelity National Title got INSURANCE SERVICES,LLC ' Rivka Schoenfeld Liber 11898 cp 338 Received To Dated: 2/10/1998 The Rivka Schoenfeld Trust U/A dated 11/15/95 Rec'd: 6/10/1998 JUN 0 2 z026 Rivka Schoenfeld and Craig M. Shields,as Liber 12285 cp 827 Trustees of The Rivka Schoenfeld Trust Agreement Dated: 9/16/2003 Zoning Board of Appeals Dated 11/15/95 Rec'd: 11/25/2003 To Rivka Schoenfeld LAST DEED OF RECORD PREMISES SOUTH: 1000-068.00-03.00-007.000 i Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1943 Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien Liber 6932 cp 206 To Dated: 1/11/1971 Elaine Axien Rec'd: 5/17/1971 Elain Axien Liber 12230 cp 432 To Dated: 1/08/2003 Peconic Land Trust Corporation Rec'd: 1/15/2003 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA r GOLESKI Sworn to before me this 141h day of July,2025 WR � bU AIX Not4 Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 Fidelity National Title INSURANCE SERVICES,LLC t Received PREMISES WEST: 1000-068.00-03.00-008.004 JUN 0 1 z026 Martha Salmon Robinson and Carrie C. Salmon Liber 2289 cp 147 To Dated: 5/17/1In9 Board of Appeals Nelson Axien Rec'd: 5/28/1943 Premises and more Nelson Axien died a resident of Suffolk County on 10/13/1983. Surrogates File No. 1606P1983. Elaine Axien, as sole devisee under the last will and Liber 10358 cp 189 Testament of Nelson Axien a/k/a Edward Nelson Dated: 6/22/1987 Axien, deceased Rec'd: 7/06/1987 To Noel O. Mohammed Noel O. Mohammed Liber 12022 cp 329 To Dated: 7/10/1996 Noel O. Mohammed and Rec'd: 2/22/2000 Blanca Lilia R. Mohammed,his wife Blanca Lilia Mohammed n/k/a Liber 12205 cp 151 Blanca Lilia R. Mohammed Dated: 7/25/2012 To Rec'd: 9/13/2012 Zorayda Lopez-Marcus, as Trustee of the (as to '/Z interest) Blanca Lilia R. Mohammed Irrevocable Trust dated 7/25/2012 LAST DEED OF RECORD AS TO '/INTEREST . FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC SANDRA . GOLESKI Sworn to before me this 14"'day of July,2025 S DEFRESE NOt PUBLIC-STATE PUb11C NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 1MEMBIffiltFidelity National Title ���� INSURANCE SERVICES,LLC Received Noel 0. Mohammed Liber 12730 cp 724 ��N 2\z�26 To Dated: 3/13/2013 Noel 0. Mohammed and Blanca Lilia R. Rec'd: 5/23/2013 Mohammed as a Trustees of The Noel 0. (as to '/Z interest) Zoning Board of Appeals Mohammed Irrevocable Trust dated 1/7/20.13 LAST DEED OF RECORD AS TO %INTEREST FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC S�RALESKI Sworn to before me this 14''day, of July,2025 UU S bew" KYLES S DEFRESE NOTARY PUBLIC-STATE OF NEW-YORK Notary Public No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600• Fax: (631)727-0606 Received JUN 02 2026 Zoning Board of Appeals ge, A jg- �a.07 ON _S7111 - za, IN D �y�l � �nc'+•.p•5 � g ^t�+ "'* _�� � t }r�� y � _ � f'�„'n'�}'CE"-;-� � i-L. M%t 4 ce Z7ti M OR - i-A KfUdloed Ke Z 4 3, 1 F iL, 'AI u; ­ , m : Am .7 1'I kl ,W ' ir-T P ffffi r�!OB djVeft ward 6 AO ­ residing at-r-4 SALMON Y6 r epbnid,, I or Jersey, Wfid"CARRIE*C pan a" -,4?7 44 1- St'­':.P ­ 'it IRV- PaY., of the auond part,_ N, pay Ayt,�cons em ;s -76f AeAif­ mart i L 444 r..ua One anti'-'00/ Do yn UhVid-ftta, 00 fateful oykey 0 paid by the party of fAe aetond pa grantdo- hereby a p- -a, Y 8t4wyid h,3� 4 re'unto t W heirs died (impa forever, au that certain -tract or-pafcelof land-"situate; lging-and_bein3' at Pe'conic, .intowh of Southold, .kfffqlk-t6tk, ei YQ ek -and rapre particularly boiuidedano des cribed ds_fol oiis io�t�east0f�y corner o COXaNCING a mo;uq4Pqt :af, t1-.,6 _qe, ._ k . . South 514�:21:1 Ea p n imen is s t. _rem.Aes- ere desctibeo, WO q �qn - - ' 1 corder of. land fusel. pryr- 12M-2 f ed "'t - " - ' ent �t the �outhwostek jr cor. 'to' Wil 1 fa 2-B dlin'� -an4 now of George-llatthei;- frion 10.intX09 fig said ..0 urui i thence-South•29? est-:4. 5741 feet 1— '6f�Salh6n' t6',a' :p61nt-- n.the rt- sterl-lid . y and 00ng. hid fiorth­e a­t riy'bounda -j .qf land of Floyd P.J Val Ahence ruftuing ilong of Flqyd-.�. -Vail - �:Ihe n rthigsterly .and easterly b6undarl of slid land L -.9" th-,820---2-31 Test-5O3-2­:-,-- .0 e -fol,lo,wlng-_�_,ou rse qt a nd-d i�s tanoe.si-,v z:-- or �t post,_f -a point;' ti0lce, North 302 ,051 est 231.1 feet to. a,jocus e to line of 414r-Ace_Rdtth-'310 201--'West 593.0-feet to -a-POUC- in.the high dater m f S6imd; thence -running in e perk o: Lon Islan Gn. easterl 'aiiidtion along the. line of agpp)xizaite high w.ater nark of. ASo aid-to*a pblnt at ,th hwe�terly corner of said larid'notT of Ge'e'nort or6e;' 1fittheKi tie tie. llni-,ot' the last mentioned course being distant 'wo 749 21 40'..-Fast 19)-.41"f e. et from' the land or said Floyd W. Vail to the, 'lin'd. of said hence running G�qrg'..Xatthor,; e - along the` sout',friesti -�ihdari of said' land` Gebr�� 111itthew Soiith�512 211 Tast 519.15 feet at, the southwesterly co d land of Gi corner ;f sai to a*-mon',x3ent __ ..; - - _ _. . ... .. , .:for.:3er y of. 'ie . outhrue terii --6ot1hda­r-,y---b* f land Robert thence.rWi-n1ng along -t. S s oil u=.e n t--a t t-4 East.120'92 -feet to the -.V.'A. �Fitz South point or place 'of besinnirk;.- �06ntalbing with h s -ourids 15:07 acres aid'c, -b�'Otf' C- E Grden accord"-. e6f made o Van Tuyl,. iqg��tq 4 Septa W H.Y.Aixe'd: 16 ' 190. ToGU4.R with.a right-of...iway 20 .feet In over the existinS f the first partCrom-tole sout.1.1c;rly line. o. d.'Q*n -land 6f.thd P4rties 0 1.,roa �aq-r`��,� ;�'{} .�-tom ,�.c.�..,�M1� sy,.�f r �.Y J�,+�.'v''+`."� .xt j-ac��;t".� f��• sSIC. ,i'.+a,--..�- '� �;.. t`� +tF,�`"j.� �;�� '�y.''��,``�...�id �� �'.`� �{,� K��'}� �,Y}� 1�� Y' c�'� ��:w-,,..�iar,:'`'4 r F+ ..�.•.w�•'Fif.�A'at�y+s��yS C �.; 1.,,� a--x'}2''� a`„*'3� ,y � :i••{-Y y���.jx' �Yi�h�,��•?+" t/> >• +1'y��"t# �„ �j ,{•3 i 1. a���"•47"A X'W�'3 6" J J � S '� �4 � ✓, i-Sa r i `v,-y w i� C,r i Ss� � ;. )r ,3 '.. 't{ gC"`�' � ' o- 'x5, 's""1 #as 7 \*• h +-� 4 rf ��,T �.��r,o. y ;'�`kr r �, � ti. f'_X „�¢�. :>'ti-,�..,,a Y � 'k.,i^.., �.- y'e•r� c { ,?•�•.r, i-•�S, a r k� `�`"�1 �.,•ty '` .'��"'.�?h>' t a ` 7s� �r��� t �`Z 'Y Adek '9`s s, y. •} 'T' , � na yxC�r` r i` � aa,n S a'-r``'�r �; `•�, i-.� c� \ '•K�•. ,� 1• .. j :a S;5 1. v i tiw,it •;.e "' -"ji `y --t{ S "Y• ,a t c' 1< J S�• , FAA¢ `.•,,-,,� �.. 3 L.7:/' +max yi.• �.. •-;J.��` , .�. y (( Q(I( Lj1,y ,�„:.;�'�ia 2�L �L „`„ S. < rqq'•' ��.k 3r-.'{ 2: J4 ,3 V-"•2N Yi .F �.�` GOE(UJ .� ,a..., �k. _-,.-� cx JL r� ;# • 7.1 the.�pre�ises�to4thesnortheasterly„corner�of�;lanV G�o'rge�Stgpnosdi' , .�, thence', southerly 164;feet in width along the�extr�eiaekeasterly� side rogt;" w k the 'land o'f said George StepnosXi to -th4 tkortn Road' Vi.t45y • :?y f r : .4 And<�ri12ic3tp3tit}�exri tcxprrexxtxex�'E:seiaxxn the appcirtenancea and all 'the estate and izghj} sz t`fi sK parties 'of the first part to qnd to"said t7remtaes, z�HNk'0 - • x t��tU�,t�t8�a jlQ�1.�.the prem:aes here: granted onto•the'part y ' Zoning^Board oft A pews 4� } of the second part, h1s heirs ana' aas�gna forever 4 �� t . the part ies of the ftrat. part covenariE that the q 4 ve nob done �r { or surj'ereab anytiiin trhereby--the. prepwe8.hare bean encumbered in any tr�:f j ` :ray tchaterzr. an�.:�ii1 Yold the right t'o receive such considers*ioa� �t� . ?7idE.the grantors receive the conacdgq. n for thta conbit/anu a a trust fiend to be appried firet for M4.9 urpo{e.Qf j a4 —I the coat oj,any emprQvement, -a- . - :tAcLt:haa been coinrneiicid,iipon gae'premiaes and has not.bun oomptelid a least � '� jour mgnthd before the making and.'recordang of thw deed, and.that thegnantor � .f wild qpP.kJ- the aline ftif to the payment of the coat of improvement bejoi uatin�any ` P(1. qj the total of the aanie for an other.ptirpoaea 1 4nd the graiil�rs eoi�l hold' the H.1 [p 'reeewe Luc!►,consuteratton,as a trust fiend-[o be-appdiec for fhe purpose and to the nuenner,ajorasatd' •.,,.. ---- -- 1 Av - '� it �l ftu � h at-of, pa r _ the. rt.ies `. o the rat.'part .ha ve hereir.nlo set- tt►eir:: : hand sand seals the day.and ye,r-flr8¢.gbore.uritten, -'; , - - • ����,�_.��.��(lT==ram_ r7 ,f :4- _ _ h-i �,.�..� •�a, �r�syas'�e v,4 II�.a-x -cn.f�5'q`$xr i.,.1'.,�is�3�r� _��•�Y wF` [P""t} ✓ •k�i3y&.r -•sa. c,�. 7. ; 'L: s`` {?i�p Gam'' `;`s }�-�t'4t.:d:a '•k r'l* ;�' yRe a y^,oisLy�•y� �Sx''.� 7 3-1Et' _ 3� r s +"`.,• 3`^rv2.ys*tl�� . r ..u., ems' •. rr ti r, z. rigs r}; y� >sl. y�fi �r "i r• ' ?wrx: "�.t� i s t ,r�; 1- -Li ' y r tia. 4�, ,.q G 1'Y�; E• r+r,.,, r �„r• ... ? a 3 '�'` � s e -.�a•�, s,..,t,�+ ,,�'r. ✓ .r. ��, f <_�..���,.e§' 'ts yy�Ct ai,+r $ �d y+• #'*!'+ •++.�'�.+...r.�.rII t y,., i+t �.m- .>.y T C� '�y �,y F S S � i s p s.3 ��Y.. J. 'z•_�,.. T'ri'3�.L1 K '� ' Ba.•,. �"n�x{.,. -,� Ri t"1 a` 3 '' ; i= `� 4 t r a(f�.K .t,.,y {,yd �.w•GC. � � ��+..Y*•.•mar ,.. r -•.,_. ,, � x �,...... ��4*-�f s y� i;n '�++ ✓rt.' _.� a's• 'kb y. t' 't r �-... s ! { x tL a %r, JiA�, rYU �• `�''� � h"KY�, G�'Wit \.P� S. o V V� -_ .`l y ',7 3"L'h..: '4 k•'S ,:i` ,,�tY - ' a ', 17�.i 7 a{ Qf� }r /N f d 2 G rlifd' KS}-•f "::{ Olifit l_."a N� , .Y,w_ y ax �j..7^.E"t 5ir,''`fir" •Y �i�h S� Jr. y"j.:•� J°�6' "-�i ���5'" ■f F� � =x � r`l�i'' zyr. � l yi.^y�•,}�u,• C "� S�•i+`,f 3' T-Y� K .T� .t� -Ll�g. ��• � a > ^, J � S,. �T � �l` �. �" 9f'��4"F.C„�' -- 'f� �ti �'<i;.asi'1F { fi *x �.47•-. f d '�`'r,-rl?.c a !'t t` r,� y� �+ cap'.*L R� thi8 �{// )� fp�t ,Nineteen Sundred�andt, y � t'..• �S .,tiM1✓„�`� a�, I/ F. �Qy O� TY� tJ.� i- 'CY x. }� J•rrM.`FF t:_. V before me; ll�e aubsortber, per&onallrY a'�`� �uGd Forth +�, 6M E C. S A `F [.s ON i `2 +ac ` ry F,ks" z Appeals maaperaorially �noj'M anti xnotett to, »{e to be the aarne,person { oard < . 3. ,. fir; k�n and who executed.the within �natru»tent;'and She Holy• _ t ,3l h> K acknowledged,to me.that she executed the:aa.me k - h 3fi Y hotar Public _ of .. 11 3'' before me oersonaw,, i a Y eared l[AF4'HttIS02i:.to:r�e.;tn �n4 trtezn, to ^e to ee the PP person dgcribed an.anQ rho executed- the foregoing:arist;ri�eiit.�r� she` du1Y �c3noleugea tore that snE`.executed tha j - Steu e}Xi9 Yo►t .q eme Coen sad Co¢tT. CoaatJ of � sand Cleric of ttx Sepc ...,.7 _ pA 11\OTI,Ckr><of the C o, Ean .a seal .Do HEREBY CERTIFti Eat rt m and i tle sax bead t ad fix o< t��l � �'` t RECORDED p i.y. ywced ustrsxxst aid tbereaothi ; 1 a j�OTAR1.PUBS snd 3A zibiii(A bJ tLe taut d.IU Sn e d T;cs lorkto set sw b t13a d5ce a cctts5cs a cl h4 m tl�ecrnt7 t! mwn d Fib aJyt2i fcs aCoB�?b¢8� e tTat ra• l�1lY r28 1943: si sx6 ot& ficioon u sacb -pnrj t'tr. nL! d appo ' of svcti cI6ccf to protest trXta to takt aid Cutff7 af5di d .vdvTJixlaxed u svd //. M• a !oo&led b. , jd=j�. oath as d aL{rcanxs,ind to take a d«rtd7 scimo�1odTt� A FAQ r -a dep� ' p' ! to 6e-lad ffn , am <of ded is� �`� fcrtixr,:tMt t FL � f: i and oof!of&i&of eoareJ otbcr arat�.ff ijingaa siSd Lit°a cub5ca a c(�-{`�v°�ctit tSew � C • hi-ve CGC� dejGElt� L7 C11. offtti a<65 pge ei: t ss teem e 6,pnWbm of«ro6a.e of tx� j 1 1n�e bc'ram o ici as7 t .a�dt `se;tPe ak t C �*t .Cowl erd , ca!CM c�tkr Sa _ Cos.lj CcK.r.Vutiv ' - . Received I IIIIIII IIII Illli IIIII IIIII IIIII IIIII fllll IIIII IIII IIII I,UN 0 2'2026 IIIIIII Zoning Board of Appeals 1111111111IIIIIffE SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/24/2006 Number of Pages: 3 At: 10:08:25 AM Receipt Number : 06-0051174 TRANSFER TAR NUMBER: 05-39677 LINER: D00012451 PAGE: 638 District: Section: Block: Lot: 1000 068.00 03.00 008.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $625,000.00 Received the Following Fees For Above Inst+-+■ment Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $3,300.00 NO Coama.Pres $13,500.00 NO Fees Paid $16,949.00 TRANSFER TAIL NUMBER: 05-39677 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County i Number of pages RECORDED i 2006 May 24-10r08-M sm , TORRENS Judith P. Pascale i Serial N CLERK OFSLFFOLK CoUtfi/ L DOW12451 Certificate H P 638 Prior Ctf.6 Di# 05-3%77 - O Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Puge/Miling Fec _ l Mortgage Amt. _ Ce1ue Handling 5. (lU I. Basic Tax 2 �026 2. Additional Tax ',UN 0' TP-584 Sub Total Notation spec/Assit. Zoning goarci of Appeals or EA-52 17(County) Sub 7btal Spec./Add EA-5217(State) TOT.MTG.TAX k.P.TS.A. Dual Tbwn Dual Gmnty _ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • : Mansion Tax Ccnified Gcpy 'if The property covered by this mortgage is or will be improved by a one or two NYS Surcl urge 15. 00 family dwelling only. Sub Total Chhcr YES or NO _ ' Grand lbtal If NO.see appropriate tax clause on of this instrument. non —11-0 4 1 Dt'sPa Sccdon B oc LOW-OD ot S Community Preservation Fund Real Propq 060 7853 1000 06800 0300 008003 Consideration Amount$ Tux Service Agency �j�M5A CPF Tax Due Verificatiun Improved-1/ Vacant Land 6 Sati cfaLhions/Dischargex/Rclrascs List Property Owners Mailing Address RECORD&RETURN TO: TD OF64140,# 2207 y EX-0. TD P0'a //l/ TD Cvaz�d-o�vE� N y. 7 11fle Company Information Co.Namc n4 GigN T 'not. -3 0 9 8 Suffolk County Recording & Endorsement Pa e This page forms Part of&-attached J✓FZ h " ,d l made by: (SPECfY TYPE OF INSTRUMENT) > F AXIf/1J The premises herein is situated in SUIIOLK COUNTY.NEW YORK. TO In the 7bwnship of �v L d t!/VA9 �4n/ Gc�2�AN,� In the VILLAGE E or HAMLLT of BOXMS 6 THRU 8 MUST OF TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Inter) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) FORM AT eCeived CAUTION:THIS AGREEMENT ® AN AT SHOULD BE PREFAB BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SBt1FR AND TCHASER BEFORE SIGNMO. THIS INDENTURE,made the day of fy(&/ .2006 SUN 0 2 2426 between ELAWE AXIEN.residing at 14D Founders Landing.Southold.New York 11971, Board of Appel as Sole Dev a der t e La t W 11 a d Te went of Nelsen Axien, zoning party of the 1&i p'tart�a$n�ard �elae� Ax en, �ecea� �. Jonathon Gilson and Regina Ebel,husband and wife,both residing at 310 East 46e Street.New p I York,New York 10017 �J party of the second pan, WITNESSETH,that the puny of the first pan,in consideration of TEN DOLLARS(S 10.00). lawful money of the United States,paid by the party of the second pan,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second pan forever. ALL that certain plot,piece or parcel of land,situate,lying and bring in the Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of a 33 foot right of way at the southwesterly comer of land now or formerly of Rivka Schoenfeld and the southeasterly comer of the premises herein described; RUNNING THENCE South 81 degrees 22 minutes West along said 33 foot right of way, 151.54 feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees I 1 minutes 10 seconds West along said land 317.44 feet to the average high watermark of Long Island Sound; THENCE easterly along said average high water mark of Long Island Sound on a tie line bearing North 64 degrees 28 minutes 55 seconds East,a tie line distance;of 108.85 feet to land now or formerly of Rivka Schoenfeld; THENCE South 43 degrees 52 minutes 50 seconds East along said land;369.95 fat to the northerly side of the 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the southerly line of said premises;thence over 20 foot right of way running through land of Elaine Axien and land now or formerly of Henry Smith to Henry's Lane. TOGETHER with a right of way running southeasterly from said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. BEING AND INTENDED TO BE the same premises conveyed to the party of the first pan by deed dated 5117/43 and recorded on 5/28/43 in Ubcr 2289 page 147. TOGETHER with all right,title and interest,if any,of the party of the first pan 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-pan 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 pan forever. AND the party of the first pan.covenants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first pan,in compliance with Section 13 of the Lien Law,covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied rust for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the. improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. n t Elaine Axien �y STATE OF NEW YORK :ss. eNed COUNTY OF SUFFOLK RPC On the (( day of M ,2006 before me,the undersigned,a Notary Public in and for said State,personally�peared Elaine Axlen personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed eA to the within instrument and acknowledged to me that she executed the same in her zoning B°mod. °f P capacity,and that by her signature on the instrument,the individuals,or the person upon behalf of which the individual acted,executed the instru t. tary blic RUDOLPH H.BRUER NOTARY PUBLdC,STATE OF NEW YORK iUO.52_M530 COAO�AI MON (EXPIRE 4Mp19N0"D 7 Received 11111111 IN 111111111111111111111111111111111111111 IN JUN �7026 Zoning Board of Appeals IIIIII Iilll lllll 1111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/20/2018 Number of Pages:. 4 At: 02:24:56 PM Receipt:Number : 18-0237831 TRANSFER TAX NUNISER: 18-17688 LIBER: D00012993 PAGE: 760 District: Section: Block: Lot: 1000 068.00 03.00 008.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $946,000.00 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 $125.00 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 $15,920.00 NO Fees Paid $16,315.00 TRANSFER TAX NUMBER: 18-17688 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I Number of pagP.s \ RECORDED. 2018•Dec 20 02:24:56 PMTH ( � This document will be public JUDI CL R.Ewc OF FSCFlLE record. Please remove allCOUNTY tx Social $ecuri L D0 Numbers suFFD002993 12993 prior to recording. P 760 • Received DT# 18-17688 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recofding/Filing Stamps 026 s FEES JUN 0 2 Z Page/Filing Fee — I Mortgage Amt. Zoning Board Of Appeals 1. Basic Tax Handling 20. 00 — 2. Additional Tex TP-584 _ Sub Total — Notation SpecJAssit. EA-5217 Coun or tY) Sub Total Spec./Add. _ EA-5217(State) TOT.MTO.TAX R.P.T,SA. Dual Town D• I — Comm.of Ed. 5, 00 Held for Ar, Transfer Tax Affidavit �; Mansion Tax —_ Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge I5. 00 family dwelling only. Sub Total Other (fir YES or NO Grand Total /S If NO,see appropriate tax clause on ago of this instrument S , 4j Dist C.-.4-_ .. - g 3 5 ommunity Preservation Fund Real Prc 18042938 loon 06800 0300 008003 Tax Se T rrn �n I'p Consideration Amount$ Ager R D7Y A u lullul CPF Tax Due $ S ao- 10-DEC-1 Verific uu $atLfinl:nUI1S/1J"3SC es/ieeleises LisCPro : Improved ✓ 6 RECORD&RETuRN TO:: Mailing Address Vacant Land P o sax 76 TD ' N y ;TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Utle ComDanv Information 310 Center Drive, Riverhead, NY 11901 a PNT/CT www.suffolkcountyny.gov/clerk . , Tide yo y_a fa o 8 Suffolk CountV Recording & Endorsement Page This page forms part of the attached " L made by: �l (SPECIFY TYPE OF INSTRUM M a 0 471 t s+N G I S o r.1' The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO -In the TOWN of I�,A T2v2itJ r-t.N In the VILLAGE or HAMLET of CAZ�tJ! C_ BOXES 6 THRU 8 MUST BE TYPED Ok PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ua,ouaropoi . • (oven \ �c�f:• SL Div /Uo uem b4 r- Standard N.Y.B.T.U.Form 9002--Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made this a ~�day of November,two thousand and eighteen BETWEEN �eCeived O JONATHAN GILSON& REGINA EBEL, being married to each other,residing at SUN Q 2 �26 310 East 4611 Street, Suite 23H New York,NY 10017 Zoning Board of AppealS party of the first part, and STEVEN BRUNI & KIMBERLYX BRUNI, residing at 24 Sunrise Lane Pearl River,NY 10965 party of the second part, WITNESSETH,that the party of the first part,in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being SEE SCHEDULE "A"ANNEXED HERETO. BEING AND INTENDED TO BE the same premises described in the deed of the parties of the first part herein by deed dated May 11,2006,recorded in the Suffolk County Clerk's Office on May 24,2006,in Liber 12451,Page 638. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances,and also all the estate 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. sic? FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-002120 SCHEDULE A-1 (Description of the Land) Received For Tax Map ID(s): 1000-068.00-03.00-008.003 JUN 0 2 �0Z6 AMENDED 11/08/2018 Zoning Board 01 Appea ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of a 33 foot right of way at the Southwesterly corner of land now or formerly of Rivka Schoenfeld and the Southeasterly comer of the premises herein described: RUNNING THENCE South 81 degrees 22 minutes West along said 33 foot right of way, 151.54 feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees 11 minutes 10 seconds West along said land 317.44 feet to the average high water mark of Long Island Sound; THENCE Easterly along said average high water mark of Long Island Sound on a tie line bearing North 64 degrees 28 minutes 55 seconds East,a tie line distance of 95.08 feet to land now or formerly of Rivka Schoenfeld; THENCE South 45 degrees 52 minutes 46 seconds East along said land,374.51 feet to the Northerly side of the 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the Southerly line of premises;thence over 20 foot right of way running through land of Elaine Axien and land now or formerly of Henry Smith to Henry's Lane. TOGETHER with a right of way running Southeasterly from said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Printed: 11.08.18 0 07.48 AM Schedule A-I Desedpton NY-FT-FRVH-01030.431004-SPS-1-18-74"2120 AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises'have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants,that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 improvement before using any part of the total of the same for pn of er purpose. The word "party"shall be construed as if it read "parties" whenever the sense of thi o_ aquires. IN WITNESS WHEREOF, the party of the first part h"executed deed the day and year first above written. JUN 0 2 ZM IN PRESENCE OF: Wing Board of Appeal r JONATHAN GILSON REGINA EBEL STATE OF NEW YORK,COUNTY OF SUFFOLK SS: ,, On the,Z -d—ay of November in the year 2018,before me,the undersigned,a Notary Public in and for said State, personally appeared JONATHAN GILSON and REGINA EBEL,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed same in their capacity,and that by their signatures on the instrument,the individuals, or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public DEBORAH DOTY Notary Public, State of New York No.02D04829478-Suffolk County Commission Expires February 28,20�- Received JUN 0 2 �026 Zoning Board of Appea'a Wm • CpNG i ... N o / w 0 1 Top i � er,ar. a I o "a ✓ � 5ij.�`J� �� _ � ,. UI� SUBUIVI6/0N R O • � No. � � FOF2 � 3so00* s.F , 9 NEL '-ON AXIEN Paver N::. AT I 1 y .' G PE'CGn is in¢, X `D` 36,000! .?F. .1 , � TpWni of SOUTHOLU, N.Y. 1 99 c, 56T �0 30"W sr?g �. d7,000 S.F. /GH7' SCALE: 50'=f" i o� 22/vs Are.EA Z.S0 f AG2ES nn s sON .� ,. r K � VAN TUYL SON G 02 V � o _-- 0 4/CENSFD LAND SVaV--Y*&0 CL GRB¢Npo,¢T, N.Y. a o 0- S1T-�) (d Received JUN 0 2 Z026. Zoning Board of Appeals ® BlumbergExcelslor®.Inc..NYC 11241 w blumberg.com 30%P.C.w. Reorder No.5105 s� Salt Marsh Lane, Peconic tr' 150 I YJO Co cc 41 430 +l ' of t r �� j•• 13 \ i 3'1r 8.3 `52 �. - � 3.1 ' ' zjs 8zs 8.4 m10 '\ 7 d� .10b o PECONIC LAND TRUST 11/19/2025, 11:27:05AM 1:979 Tax Parcels 0 _ 0.01 0.01 0.03 mi 0 0.01 0.03 0.05 km O Received JUN 0 2U26 Zoning Board of Appeals I 1 FORM NO. 4 I� r TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall F�e�ei�ed Southold, N.Y. CERTIFICATE OF OCCUPANCY On�n9 Board Ot p`Pped% Z No Z17290 Date SEPTEMBER 13, 1988 THIS CERTIFIES that the building ADDITION Location of Property 880 SALT MARSH LANE PECONIC House No. Street Hamlet County Tax Map No. 1000 Section 68 Block ` 3 Lot 8.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 13, 1988 pursuant to which Building Permit No. 17053Z dated JUNE 2, 1988 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 EXISTING SUMMER BUNGALOW. The certificate is issued to ELAINE AXIEN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N031551 PLUMBERS CERTIFICATION DATED N/A Building Onspector Rev. 1/81 FORM NO S TOWN OF SOUTHOLD I�}l BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. R eceived J�N U ti �026 BUILDING PERMIT 9 gOard ofi Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL F& in COMPLETION OF THE WORK AUTHORIZED) N° 017053 Z Date .....4 1a2..................................... 19.fff� Permission is hereby granted to: ..... . ........4� ./.f............ ....�. . . .. . ,.. ..I.....//...l A/....... ,. ..��,. .... ........... to ... . . .. . r .. �. ..... . .. .. . .................................................. atpremises located at .... . M?..... ... . •. ./ ........................................... ...............................................<.: .... .4<�...................................................................................... ........................................................................./...................................................................................... County Tax Map No. 1000 Section .....,c�?.(J.......... Block ........A......... r�Lot No. ..... ........ pursuant to application doted ...c.e/,?...................................... 1e C1.., and approved by-the Building Inspector. Fee $.•c ..J, f d� ' 1 .......... .l.. ................. Bu din �tor Rev. 6130180 FORM N0.6 TOWN OF SOUTHOLD L Building Department 1Ve(� D�1 O Ot,O Town Hall fjece Southold, ,N 8011971 APPLICATION FOR CERTIFICATE OF OCCUPANCY SUN Uti Z02 v Instructions Zoning Board of Appeal' A. This application must be filled in typewriter OR ink,and submittedns. iii to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets,and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 4 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use,occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: Additions $25 .00 POOLS $.25 . 00 ALTERATION $25 .00 1. Certificate of occupancy New Dwelling,$25.00, Accessory ,$ 10.00 Business $50:00 2. Certificate of occupancy on pre-existing dwelling $ 5 0 00 3. Copy of certificate of occupancy $ 5 .0 0 , over 5 years $ i 0 .0 0 4.Vacant Land C.O. $ 20 . 00 /9 5.Updated C.O. $ 50 . 00 Date . . . . . . . . . . . . . . . . . . NewConstruction,Q,/•, . . Old orPree-existingBuilding el f. . . . . Vacant Land . ./. . .. . .. . . . . Location of Property .m! . . . . . . .�!�.'G, , di! Sf,�, � ' �.CO�I/i� v• /9.a`2K X. House No. Street �Hamfet Owner or Owners of Property . . . . . . . .. . . County Tax Map No. 1000 Section . . Y f . . . . . . . . .Block . . . . . . . . . . . Lot . . . " '3.. , . . , Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . .Lot No. . . . . . . . . . . . . . Permit No. /.Q: `. ft ate of Permit �t�. .Applicant , , , , , ,, , , , • . . . . . . . Health Dept. Approval . . . . . .. . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . • . . . .Planning Board Approval . . . . . ./. . . . . . Request for Temporary Certificate . . ./. pQ.. . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . Fee Submitted $ . . . . .4 , , . • , . . Construction on above described building and permit meets all ap ble codes and regulations. Cal i-Ian0 . ��. 3i5(p-7r� Applicant . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . Rev.10.10.78 ��—�- �`` `- i7 Received $l SUN 0 22026 Zoning Board of APPeals w THE NEW YORK BOARD OF FIRE UNDERWRITERS PAcf: 100031.4 BUREAU OF ELECTRICITY BS JOHN STREET. NEW YORK. NEW YORK 10038 Date SEPTEMBER 02,1988 Application No.on file 5632.318'8/88 Ai 011+51 THIS CERTIFIES THAT oniy the electrical equipment as described beknv and introduced by the applicant named on the above application number in the premises g f MRS.N. AX16, SOUND SHORE ROAD, PFCONTC, N.Y. in the following G►ea AUcsUS'p17,fnit lst PT. ❑ Ind Fl. Section Block Lot was examined on A and found to be in compliance with the requirements of this Board. PIXTURE ACtRS SWITCMK FIXTURES RANGES COOKING NICKS OVFNS DISH WASHERS EXHAUST FANS OUTLETS NCANOESCENT FLUORESCENT AMT. IL W. I AMT. I R.W. AMT. R.W. AMT. R.W. AMT. K P. 2 10 5 DRYERS FURNACE MOTORS FUTURE AMIANCII It MU S/iQAL UVIPT WMt CLOCKS ENl UNIT tiWATERS AMlLT"Kni T 0IMMERS OIL K P. GAS K P. AMT. NO. A W.0. AMT. AAV. Mr. AM►S. TRANS. AMT. K I. NO OF AMT. WATTS fERVKR OISOONNlCT NO.OF S E R V t C E AMT. AMP. TYK MEOW. 1/]w is JW S/SW 7 A'AW .NO.p C.COND. AOF CW. . NO.OF NHEO A-&&- NO.OF NEUTRALS A. 1 EIROAt 1 100 CR 1 x 1. ■ 2 1 2 OTgEE Ai1ARATUS: n B.J. ELECTRIC CO. 5TT1JjWATER AYPNTIF, r CtITCHOGUE, NY, 11935 pow 1-J'CF',NSF, NO. 2670 E Per— This certificate mutt not be altered in any manner return to tM office of the Board if bworrM. 14spettors may b+.idenHfiW by their txedeLLtioh. COPY FOR BMWING DEPARTMENT.THIS COPY OF CERTIF!CAt M1J><t� lT d!E ALTUM 1N �,._ TL"•L. 7G5-1 H02 TOWN OLD SOUTHOLD � OFFICE OP BUILDING INSPECTOR 1c7� �. P.O. BOX 728 U-' TOWN HALL U SOUTHOLD, N.Y. 11971 Received 02 ZU6 Zoning Board of Appeals Cu%e To Whom This May Concern, We are unable to complete your Certificate of Occupancy because .of the following reasons . /_/ An application for Certificate of Occupancy is not on file. No Underwriters Certificate on file. / 1 The check is (outdated/not -on file . ) No health Dept. Approval on file . /_/ No final inspection has been made. Please contact our office on this matter. Thzir�k you for your cooperation. . Building Permit If 0 3 Z Building Dept- . No Plumber Solder Certificate on file . permits involving plumbing being issued after April 1 , 1984 ) Fleceived 1 r10 M-1802 JUN 02 Z026 RUILIDING DEIFY. Zoning Board of Appeals INSPECTION [ ] FOUNDATION iST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ J FRAMING f y*INAL REMARKS: 0 1<- C 0 . r DATE 2� g� INSPECTOR iOMMENTS - \ FOUNDATION ( 1st) a mA cb FOUNDATION ( 2nd ) c d 2 . JUN 0 2 Z o ROUGH FRAME & eaM Z-oning PLUMBING ti 3 . rn INSULATION PER N . Y. STATE ENERGY CODE 4 . FINAL ADDITIONAL COMMENTS : (_ e rAl HQ� �ivv J I •� 9 • r �o H seCeived 61A JUN 0 2 �026 Zoning Board of Appeals i t 1 o / U '•o .ED U FOF' _NE SON A:UEV rb s s/ tt./� 1 Oc• �•d'¢ � ,/I�` AEEAa Z.50 AG2�5 i 14, A9APPRO 09C./7•/970 VAN MY(. d SON ' � '1 L/CfMJiO, LAND SVQV(Y'JQS ` QRBLNFo'er N.Y: 1 • BOARD OF HEALTH ... . .. 3 SETS OF PLANS -Y.. - FORM NO.1 SURVEY . . . . . . .. . , TOWN OF SOUTHOLD CHECK • • • • • . . • . BUILDING DEPARTMENT SEPTIC FORM TOWN HALL NOTIFY SOUTHOLD,N.Y. 11971 CALL . . •. • � TEL.: 765.1802 MAIL TO: Examined 4;/1 .. . .. . ... 19 rJ FteceNe� Approved (01. 2 . ..... . ., 1 .Permit No.. . .70`p JUN 0 2 �026 Disapproved a/c . ... . . .. . . . .. ... ... ........ . ... . ..... / ./ gcf Oar °f Appeals................ ... .. . . .. .. .... ... . .... ppea Zoning ls Xu ilding�ector) APPLICATION FOR BUILDING PERMIT �jf yy Date !!(.. . .. ... . ....,190� INSTRUCTIONS a. This application must be completely filled in.by typewriter or in ink and submitted to the Building Inspector,with 3 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such permit hall 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County, New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings,additions or alterations,or for removal Or demolition, as herein described. The applicant agrees to comply with all applicable laws,ordinances, building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ` . .. . . . ......... . ... .... .. .... .. . .. ........... . (Si atu,-re-of appli�c�a�/'or name,if a corporation) .......... ..... .. .... .. ........ ... ..... ..... . . ailing addres o applicant) ?.�ntraotor, yState whether applicant is own er, le e, agent, archit ngineer, general electrician, pltr•or�tiuffdei� „�Q.c�. . . .. . ... ....... .... .. .. .. ...... .... . .. ........ , Name of owner of premises . .. . ... .. .. . .. .. . ... .. . ..... . ... .......... . . .. .... .. . . .. . .. .......... . . (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer. .......... ... ... ...... . . .. . ... .. .. ...... . . ... . (Name and title of corporate officer) ALL CONTRACTOR'S ST BE SUFFOU COUNTY LICENSED Builder's License No. Plumber's License No. Electrician's License No.�-1.✓ . .� G •'.:I �� .^C Other Trade's License No. .. .440!vG>.'•... ... . . 1. Location of land on which proposed work will be done.. .. ..�....... ... ... ... ... .... .... .. . .. ..... ..... . . .. . . ... . .. .. . , o Ni•4,,r 4/x..��� :.... . .. House Number -S,ttr-e-et Q Hamlet C County Tax Map No. 1000 Section . :-4 r r..I.e.. Block .. . .. . 3.. .... .. Lot. . . d'3. .. . . Subdivision. . .. ... . . ... .. . . . .... . .. .. . .. ... . . ... Filed Map No. . .. .. . ....... . Lot . . . . .. ........ . (Name) 2. State existing use and occupancy of premisesand intenddeejd use and occupancy of proposed construction: a. Existing use and occupancy �.� .. .. ....":vyC.... . q/O Ce-) b.Intended use and occupancy .... �.,/4!?W�4-.. ... ................. ....... 3. Nature of work(check which applicable):New Building . ...... .... Addition ..X. ..... Alteration . .. ,..... . 'Repair .. . Remo4l .... ... ..... .. Demolition ... . .......... Other Work.............. . 11 Z. ..... .... .... ....... (Description).. 4. Estimated Cost �. !. .. ........... .. .. Fee .. .. i (to be paid on filing this application) S. If dwelling,number of dwelling units e�.. ... . ...... . Number of dwelling units on each floor...... ......... . Ifgarage,number of can . .....tom. .... ...... ............ .. ........ ..... ...... ... ............ . 6. If business,commercial or mixed ccupancy.,specify na ture�and extent of ea c type gf use .........�r. �..,....... 7. Dimensions of existing structures!if any: Front�.�'..a�... ..:. Rear-� .. .. .... Depth ,If". Height ../a...... 6...Number of Stories ..l..... .. .. v. .d. :... ... .. .. y b....... . . Dimensions,of Te structure with alterations gr additions: Front 72/0 ... .. . .. .. Rear �jj4..eZ..... .. Depth ... ... ....., .... . Height ......... . ..Number of Stories .. 8. 'Dimensions of entire new construction: Front ..4a. .. Rear /.off.. ......... Depth.4�/�,� Height ...lob. Number of Stories �,,,,,,.•...•. . 9. Size of lot:Front ../.O� 'i .... . Rear ./.P.D../ ,Depth 10. Date of Purchase ..... ..l�I � .. ....... .. ....Name of Former Owner /.!!�'�Sa.U,• j�/�!f,,,, 11. Zone or use district in which premises are situated............ .. ........ .... . . .... .... ................ . 12. Does proposed construction violate any zoning law,ordinance or regulation: .. ..... ... ............... ..... 13. Will lot be regraded ./.v.o 1. /� .., Will excess fill be remov��rom premises: / Yes o 14. Name of Owner of premises !(/Sl!/4�Q.. ./7nl.460) ..Address�-rlr N.. fr+�•. .Phone NoName of Architect .el... ... .. .... ..... ....Address 4.-' o IM71•Phone No. ........ Name of Contractor -<.. ....................Address .Phone .............. e, l� 15. Is this property located within 300 feet of a tidal wetland? *Yas ..... o ..... (� *If yes, Southold Town Trustees Permit may be required. \ i PLOT DIAGRAM ������++ d Locate clearly and distinctly all �uildings, whether existing or proposed; and.indicate all sefi�ait`dA nnssioonsfrom property lines.Give street and block n mber or description according to deed,and show street names and indicate wheth�cr interior or corner lot. oT Zoning Board Of Appeale i . i i i STATE OF NEW YORK, S COUNTY OF......6. .. .. ,... . i •••••••••• being duly sworn,deposes and says that he is the applicant (Name of individual signift contract) above named. Heis the ... .... .. . . .. ......... .... (Contractor,agent,corporate officer,etc.) of said owner or owners, and is duly)authorized to perform or have performed the said work and to make and file this application;that all statements contai ed 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 this .......... ../.... ...day�of.i. . n.5?/L/4 ........ , 14 pp Notary Public, .... 7-1 &pLp .... County , .... ..... IRV P e�eur�yXkk (Signature of applicant) Ik Tana Expires mamb 30,18^� Received v03.k JUN 0 2 �0 Zoning Board of Appeals -I Abe[rr. U,4113 a,...-.rr.,- •...1 w�Su4�_ LYz.�4[Y,.(uL•T LN•1.. /�• 34ro ='2:v :_---__- -_...______ OCCUPANCY OR USE IS UNLAWFUL a " — �,•.�_.-• WITHOUT CERTIFICATE «'" �+•` Irm.r OF OCCUPANCY 3�i.----... _ I •HrceeR - I K � �•Ors A+Ls .� G I 1 r 1 I _._. 3-3I/.I/Y ' ;• /,e.?I r::. I irOLL10M�iq Y1.O1C�El IOM 6=• b'-o b••. 6=o I i01110U11ptp4grn i��r+.o•wYlrie Merosco Aberrrcn f, a�pyp�n�� ULM I N�.A tfww•.v wi menucrc`owa� L.we.t•.✓ ✓..✓ CN.A fMY_ rM CLA/:la P�rLN_—. 11. a M lC Received JUN 0 2 Z026 Zoning Board of APPea'S ZONING Chapter 100 ZONING. CODE AS IT WAS IN E•FF.ECT PRIOR. TO. THE ADOPTION �eCe�Ved OF 'LOCAL':.LAW NO... 1. OF 1989` ON JANUARY 10, 1989 �uN �.ti �026 130ard of Appear From the Z0n►n9 t CODE G d the Town of SOUTHOLD , GENERAL CODE PUBLISHERS CORP. r (ec eived Zoning Board of p�ppea►S I. Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: section 100—.136 is ..hereb,y amended by adding a new subsection "K" to read as fellows: n, Notwithstanding the foregoing, "'the Toem Board .-may, in its discretion, accept an offer for dedication to _ the Town, of the _open space and/or corn*rton lands created by the use of the provisions of this Article. II. This Local Law shall tame effect upon. its filing with the Secretary of State. ENACTED BY THE SOUTHOLD TOWN BOARD ON OCTOBER 18, 1988 LL 25 of 1988 • 41f additional space is needed, please attzch sheets of the same size as this and number each) ZONING Chapter 100 (� �1 ZONING received ARTICLE I JUN 2 �026 General Provisions - § g®�Ir�9 Board of APPeals 100=9. Title: , t00-10. Purposes. § 100=11. , Conflicts. § 100..12. Exceptions. § 100-1-3. Definitions. ARTICLE II 'Districts § 100-20. District designations: § 100-21. . Zoning Map- § 100-22. -District.boundaries. § 100-23. Effect'of establishment of districts. ARTICLE III A Residential and Agricultural District ( § 100-30. Use:regulations. § 100=31. Bulk and parking requirements. § 100-31.1.Relief from bulk and parking requirements. _ § 100-32. Accessory buildings. § 100.33. Established front yard setback § 100-34 through 100-36. (Reserved) 10001 SOUTHOLD'CODE RTICLE.IV sibivi Light Multiple-Residence District § 100.40. Use regulations. Received § 10041.. Bulk, area and parking requirements. JUN U 2 2026. . § 10042.- Livable floor area. G' Zoning Board of Appedls ARTICLE V M-1 General :Multiple-Residence District § 100-50. Use regulations: §'100-51. Bulk, area and parking requirements. § 100-52. Building length and separation. § 100-53. Livable floor area. ARTICLE VA AAD Affordable Housing District § 100=551- Purpose. § 100-55.2. Definitions. § 100-55.3. Lands applicable to establishnient of district. §'100-55.4. Use regulations. § 100-55.5. Bulk,area and parking requirements;schedule. § 100-55.6. Planning and zoning procedure. § 100-55.7. Regulations and requirements. § 100-55.8. Administration: § 100-55.9. Applicability. .I ARTICLE VI B .Light Business District § 100-60. Use regulations. 1000? xr. r ! `pVk 'ZONINGl,l>� 100-61. Bulk; area and parking requirements. `6 § 100-62. Retail shopping centers. § 100-63. Uses confined to enclosed buildings. ReCeived ARTICLE VII 3UN 0.2 ��26 B-1- General Business District of appeals Zoning Board § 100-70. .Use regulations. § 100-71. .Bulk, area and parking regairements. ARTICLE VIII C Light Industrial District § 100-80. Use regulations. § 100.81. Bulk, area and parking requirements. (Cont'd on page 10003) 10002•1 : _• •w: 1 . , ZONING ARTICLE IX pY� C-1 General Industrial District § 100-90. Use regulations. § 100-91. Special exception uses; site plan approval. § 100.92. Signs.§ 106-93. Bulk, area. and parking requirements. u Q`E)ceived JUN 0 2 Z026 ARTICLE X eals Tourist Camps, Camp Cottages and Trailers 2pning guard of App § 10.0-100. Permits required. § 100-101. Automobile. trailers or house cars. § 100.102. Exemptions. ARTICLE XI General Regulations § 100-11-0. Signs. § 100-I11. Continuation of existing signs. § 100-112. Off-street parking-areas. § 100-113. Off-street loading areas. § 100.114. 'Prohibited uses.in all districts. § 1.00-115. Junkyards. § 100-116. Dwelling unit density. § 100.117. Hotel and motel unit density. § 100-118. Nonconforming uses. § 100-119. Corner lots. § 100-119.1. Fences.halls and liedges. § 100-119.2. Building setback from water bodies and wetlands. 10003 SOUTHOL�i� CODE i ARTICLE XII Board of Appeals '�I § 100-120. Appointment; membership. § 100-121. Powers and duties. § 100-122. Additional conditions and safeguards. § 100-123. Rules of conduct and procedure. secewed § 100-124. Fees. JUN .2026 . i § 100-125- Notice of hearing. - 7 0 nin9 Board of Appea% ARTICLE XIII Site Plan Approval § 100-130. General requirement. § 100-131. Objectives. § 100-132. Effect of approval. § 100-133. Procedure.. § 100-134. Site development plan elements. § 100-135. Fees. § 100-136. Cluster development. ARTICLE XIV Administration and Enforcement § 100-140. .Administrative and enforcing officer. § 100-141. Building permits. § 100-142. Revocation of permit. § 100-143. Stop orders. § 100-144. Certificates of occupancy.. § 100.145. Penalties for offenses. § 100-146. Remedies. 10004 z•ss•s� - 1 t: c ZONING ARTICLE X v Amendments § 100-150. Procedures. 100-151. Fees. (Con:'d on page 10005) �e ce�v ed • JUN 0 2�026 �n9 BOO °, p►ppeO, 10004.1 s.�s-85 . L � § I04 30 ZONING §j�Q-3I 30.6M., (3). (4), (6), (7) and (10) hereof, not more than thirty-two (32) square feet in area, located not less than five (5) feet from any street or Iot A line. 4t�o (6\C) (f) Such other sibs as may be authorized as a special exception by 'the Board of Appeals as hereinafter provided. C (7) [Added 5.29-731 Yard sales, attic sales, garage sales, ReCe1Ved auction sales or similar-type sales of personal property owned by the occupant of the premises and located026 'thereon, subject to the following; requirements: JUN O 2 (a) ducted on any lot in anyone 11) calendar Year. Zoning e shall he con- Board of Appear (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on-premises sign not larger than three by four (3 x .S) feet in size, displayed fora period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) ,A permit is obtained therefor.from the Building; Inspector upon the payment of a fee of fifteen doildrs ($16.). 100-31. Bulk and parking- requirements. iAmended 8-9-83 by L.L. No. 9-19831 No building or premises shall be used and no building or part thereof shall be erected or altered in the A Itesidential and Agricultural District, unless'the same conforms to the fallowing; bulk and parking requirements: A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet. a single- family dwelling; may be constructed thereon.provided that 10027 io-:s-63 § ,OJ•;.1 90t?T110LD13E § 100-3I the requirements of Column A of the Bulk and Parking Schedule incorporated into this chapter are compiled with.' B. The bulk and parking requirements for single-family dwell- ings, as set forth in Column.A40 of,,the bulk an OM ived Schedule.incorporated into this chapter, shall an following lots: (11 .411 lots shown on major and minor subdivisions 02 2026 which were granted final approval by .the Planning Board, prior to May 26, 1'983. (AmendcJckWBbgrd of Appeals L.L. No. 10-19831 i2) All Iots shown on major subdivision maps upon.which the Planning Board has held a hearing for preliminary map approval,prior to May 20, 1983. (3) All lots shown on minor subdivision mans that have been..granted sketch plan approval by the Planning Board prior. to:May 20., 1983. (4) All lots setoff or created by approval of the Planning Board subsequent to'November 23, 1911, and prior to May 20, 1983. C. The bulk and parking requirements-for sinee4amily.dwell- ings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter.shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Boai7e on or after May 20, 1983. (2) All lots shown on major subdivision:naps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. 13) All.lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two4amily dwell- ings set forth in Column A-160 of the Bulk and Parking Fdltnr'i dote: The Bulk 4nd Pw*Lnx Schedule le included at the end of this rluptr.^. - 10028 10-=5•e3 { `. AV` § 100.31 Iq ZONING Schedule incorporated into this chapter shall apply to the "following lots: (1) All Iots shown on minor.subdivision maps which have been granted sketch plan approval by the Planning b Board on or after May 20, 1983. (2) All lots•shown on major subdivision maps upon which Received Planning Board has held a hearing.for preliminary approval on or after May 20, 1983. �26 ,fUN (3) All lots set off or created by approval of the Planning 0 2 Board on or after May 20, 1983. Zoning goatd of Appeals -. § 100.31.1. Relief from bulk and parking requirements. f Added 104-83 by L.L. No. 11�19831 A. Findings. (1) On May 16, 1983, the Town Board enacted Local Law No.7-1983, which increased the minimum area,width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its ef- fective date of May .26, 198V (2) On August 9, 1983, the.Town.Board enacted Local Law No. 9-1983,' which excepted certain subdivision mans from the lot area, width, depth and yard re- quirements specified in said Local Law No. 7.19S3. (3) The Town Board has now ascertained that there exist many owners of land who had expended time and money in the preparation of subdivision maps con- forming to"the zoning requirements in effect prior to May 20, 1983, but, due to circumstances beyond their control. were unable to have" such subdivision maps approved by the Planning Board prior to May 20, 1983. (4) The Town Board finds that,in such instances, it would he inequitable to require such land owners to conform F:d1tor,3 Note: soe the [sulk and Parking schedule. tocatod at the end of We c.utpter. ' Editor's Nutr: S-§ 100-31. / 10028.1 lo•�-8s . l (V CA Received JUN 0 2 Z026 Zoning Board of Appeals W. S. Gardner `t�i\I % P.O. Box 975 Vanston Road Cutchogue,N.Y. 11935 MAgoved June 2 'vi Mr. Thomas H. Wickham JUN 0 22026 Southold Town Supervisor Zoning Board of Appeals Dear Mr, Wickham: Thank you for giving me the opportunity to speak at the Public Hearing on the proposed "'A Local Law in Relation to Lqt Creation and Merger". I was amazed at the few residents who attended this hearing and even more puzzled that only two of us - Ms. Wickham and I spoke on the proposal. It only enforces my opinion that there is not sufficient understanding of the effects of this proposal. by the property owners of Southold. Ms. Wickham suggested a grace period be allowed before this legislation is adopted in order to explain this' proposal to property owners. I urgedthe same approach by suggesting that the Town actively make more information available and not to rush into enactment until the affected population has a chance to respond. Recently, I have gone to °Town Hall to ask questions and I visited the Planning Boatd and the Town Assessors office and would have liked to interview someone at the, Building Office and the Zoning' Board of Appeals. It has been difficult for me to obtain a clear understanding of the effects of this legislation and what actions property owners may take to protect themselves from the results of this enactment. I suggest that to explain this in the clearest manner possible, you.could arrange for all interested departments to get together and prepare a form of questions and answers which would cover various scenarios and problems giving anaverson how they will be resolved. This could then be run as information in' the local newspapers for the inform- ation of everyone. . Also, I suggest that an open public seminar be held so that all interested persons could attend and present their questions to a panel which would consist of members. of all interested Town Departments. In this way we could have everyone speaking out of the same "Bible". I hope the Board will sepiously consider this suggestion to avoid some property owners from a "rude awakening" and frustration on future real estate transactions. Very truly yours, al��� V� SOUTHOLD TOWN BOARD JUINE 30, 1995 8:00 P.M. IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO LOT CREATION AND MERCER". Received Present: Supervisor Thomas H. Wickham Councilman :Joseph J. Lizewski Councilwoman Alice J. Hussie JUN 02 2026 Councllwomain Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Zoning Board of Appeals Justice Louisa P. Evans Town Clerk ;Judith T. Terry Town Attorney Laury L. Dowd COUNCILWOMAN OLIVA: "Public Notice is .hereby given that there has been presented to the Town Board of: the Town of Southold, Suffolk County, New York, on the 30th day of May, 11995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Notice is further given that the Town Board of the Town of Southold I will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of June, 1995, !at 8:00 P.M.,at which time all interested persons will be heard. This proposed "Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the' Code of the Town of Southold is hereby amended as follows: i 1. Section 100-24 (Lot Creatibn) is hereby adopted to read as follows: 9. A lot created by deed 'r town approval shall be recognized by the Town if any one of the LFollowingstandards apply and if the lots have not merged: 11 The identical lot was created bv deed recorded in the Suffolk County Clerk's Ofte on or before June 30. 1983 and the lot conformed to the g)inimum lot requirement(s) set forth in Bulk Schedule AA as of!the date of lot creation. 2Z The lot in question Was approved by the Southold Town Planning Board. 31 The lots in uesti�n is/are shown on a subdivision map approved by the Southold iiFnBoard prior to June 30 1983. pg 2 P.H. The lot(s) in question is/are approved and/or recognized by formal �� action of the Board of Appeals prior to June 30 1983. 0 B. All lots which are not recognized by the Town pursuant section shall not receive any building permits or other dAMWAHY entitlements. JUN 022026 C. All lots are subiect to the merger provisions of 100-25. zoning Board of Appea{s 2. Section 100-25 (Merger) is:hereby adopted to read as follows: A. Merger. A nonconforrrjing lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time rafter July 1, 1983. An adiacent lot is one which abuts with the parcel f6r a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions: Common ownership shall mean that the parcel is held by the same person in th6 same percentage of ownership as an adioininq parcel. C. Exceptions. Lots whi are recognized under Sec. 100-24 and meet any of the following'gitecories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this law. The nonconforming lot has a minimum size of 40,000 sguare feet. or 2,1 The nonconforming lot obtained a lot size variance from the Zoning Board. or 3Z The nonconforming lot has been held in single and separate ownership from July 1.1983 to date. D. Proof of Merger. The Town may require a person seeking determin- ation of merger to pro side any or all of the following documents for evaluation: 1) Proof of the date imhen the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of thq Town: pg 3 P.H. Received • p 2`�026 2� A copy of the current tax map and survey of the lot: JUN A copy of the original survey of the lot' Zoning Board of Appeals 4� A title search shg&q single and separate ownership of the pro, erty from July 1, 1i883 to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance: r 5� Other additional irrmation or documentation as may be deemed necessary. E. Effect of Merger. No tuildin ermit or other develo ment entitlement will be issued by the town until this section has been complied with. The Building Department will issue a written determination whether a property falls within ari exemption to the merger provision. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: A If a lot has merged, thO Zoning Board of Appeals may waiver the merger and recogniz the original lot lines upon public hearing and upon a finding that: 1� the waiver will not result in a significant increase in the density of the neighborhood 2� the waiver would eco nize a lot that is consistent with the size of lots in that nei h flood: 31 the waiver will avoid economic hardship. 4. Section 100-244 (Setback for Nonconforming Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting t of a building permit fo lots which are recognized by the Town under 100-24, are a non nforming and have not merged pursuant to 100-25 pg 4 P.H. B. , ved Z026 f App Law. Such lot shall b$ ea►s SiGRs as fel reaukvd to meet the following: r Yana Area Lot front Side Both Sides Rear (sq. ft.) Coverage Wdth (ft.) (ft.) (feet) (feet) 120,000 to 199,999 10% 75, 30 60 85 .10.000 to 11 9.999 L 75 30 60 85 . 80.000 to 99,999 50/6 60 30 60 $5 40=0 to 79,999 20% 60 20 45 75 20,000 to 39,999 20% 4w 449 40 15 35 50 40,009 Less than 20,000 20% 90 40 35 15 25 35 G. , by the i ii i pg 5 P.H. p Fleceived JUN 0 2 Z026 5. Section 100-12 (Exceptions) is hereby deleted in its entirety. Zoning Board of Appeals let widths appliGable to said lets 6hall be as she%,R aR 1 ep said 1 •i 64hill, , VAIl , Homes, , SeGfien 1 / Haven;ay GQF9y Greek 1 West Gree Estaters/ NeFthweedrj f japlisens 1 f Reseweed Aen I i I 1-- Smithfield 1 1 , SerAeR 1 1 1 , 1 1 PeeemiG She SeGtien / , ,Pay 1 Oaks; Estates, QFiest by the 1 SeGtien 1 Gleaves PeiR� SeStlBRM: 6. Section 100--32 (Bulk, are.1 and parking regulations) is hereby deleted in its entirety: full, ar, well as te the fQ119YORg bulk and padiiRg . with an area of less than feFty 1 , are seed- - l p9 6 P.H. �0' l� Ceived in Board of Appea'S (2} Ad! lets she subdivisieR FAaps -.A- PlanniRg May 20, ;983 , C- (24 May 20, 196 (3) after-May 29, . �- 04 All lets she Fnaps 'OVhiGh have be May 20, 4 983- afteFMay l 4 p9 7 P.H. 7. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety: �1 (7) April-9,4957- JUN' 0 2 �026 8. Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Zoning Board ofi Appeals o'Size Width Depth A. Prior to April 9. 1957 any any B. Between April 9. 1957 and 2 100 150 December 1. 1971 C. Between December 2. 1971 40,000 135 175 . and June 30, 1983 II. This Local Law shall take effect upon it's filing with the Secretary of State. * Underline represents additions;. ** Strikethrough represents deletions. Copies .of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 13, 1995. Judith T. Terry, Southold Town Clerk." I do have certificates that the law was posted on the Southold Town Clerk's Bylletin Board, and an affidavit of publication in The Suffolk Times. We have) just two correspondence. Pursuant tot he requirements of Section A 14-14i to 23 of the Suffolk County Administrative Code, the above referenced a placation which has been submitted to the Suffolk County Planning Commiosion is considered to be a matter for local determination as there is {�o, apparent significant county-wide or inter-community impacts). A decision of local determination should not be construed as either an approval ior disapproval. Very truly yours, Stephen M. Jones,, Director of Planning. ;From our own Planning Board we have, Dear Mrs. Terry. The Planning �erger ard has reviewed ' the proposed legislation pertaining to Lot Creation and and finds that it is in support of the legislation as it is written. Hoyvever, the Planning Board also suggests the following changes that it feels Should be made to the proposal before it is adopted. 2. Section 100-25 (M�rger) B. In regard to common ownership, the definition could be changed to eliminate the wording in reference to the same percentage of ownership- i The Board feels that, from a technical standpoint, it will be an additi.6nal, difficult review step to determine the percentage of ownership. Ohe of the primary intents of this draft legislation was to streamline t�e review to the extent possible without compromising purpose of review.; Requiring this level of detail will represent a significant cost of time and! money by the applicants and the Town. Additional changes that should Pe made to the Town Code if the proposed legislation is adopted. 100-281( ) Building Permits. This section conflicts . Received g • pg 8 P.H. JUN 0 2 2026 proposed g �jn(A odolGAPPeals with the ro osed legislation and should be eliminated. Sincer Ward, Chairman. No further communications. SUPERVISOR WICKHAM: This is one of the more complicated Local Laws, that the Board has attempted. It was initiated by our Town Attorney in association with several of the different offices of town government. We have the Building Department, the Planning Board, the Zoning Board, the Town Board, all getting together to try to treat the issue of merger and creation of lots, particularly small lots, :in a common way, so that we can deal in one manner to the public. 1 wonder ,if ,I could ask the Town Attorney to cut through a lot of the legal language, that's in this Code, but just present briefly what we're trying to do, :and why, and the summary of it. 1 TOWN ATTORNEY DOWD: The ;purpose of this legislation is to fill a sort of a black hole in it's existing Town Law, as regards to two aspects of lots. One is, was your lot every validly created, or was it created sort of by an informal process, that means that it- will not be recognized? We haven't had clear rules on that, and so for: a long time, . for example, people were just , deeding off lots, and not going -through any formal subdivision process. This 1 is (going to create some uniform rules, that will treat all these kind of situations fairly, and hopefully; equitable. What we've decided is, that if your lot was created for examplee by deed before 1983, we will ,recognize it. It was a common practice before 1983, to do that without going through the formal procedures. After 1983 we feel that everybody was sophisticated enough to know that you had to go through the subdivision process. Therefore we are not going to :create recognized lots that were created by deed after 1983. Then, of course, any lot that has been approved by the Town Board, Planning Board, 4oning Board, as a legally created lot we're going to recognize. So, that's one aspect, was your lot ever validly created? The question, that this is Intended to address is, if your lot was validly created, but because of zoning it's become a non-conforming lot, which means it's not as big as the zone requires a lot to be. Then this talks about what happens if you happen to own two of these nonconforming lots next to each other. The idea behind this is that non-conforming lots, lots that are smaller than the zoning allows are not really desirable. That we'd like to have-everybody up to the zoning. That's why the Town Board felt it was appropriate to put in that Zoning. So, the tendency is that if you have non-conforming lots they merge ;until they become big enough to conform to the zone. However, we recogni�e that this would create a hardship, so we put. in some safeguards, or safety valves, ,to protect people. One is that, any lot that's bigger than forty thousand square feet, we're saying it's not going to merge. It's big enough; we can live with it. If the non-conforming lot got some kind of lot size Variance from the Zoning Board of Appeals, we're going to recognize it's not going to merge. Finally, and this is kind of obvious, but it's always worth saying even the obvious, if one lot is held in a different name from a seconO lot, and they're both non-conforming, they don't merge unless they're held ! in the same ownership. You can't merge it with somebody, you know, .who holds a lot in a different name. So, this law is intended to address these kinds of issues in a uniform way, that has not really been the way that it has !been working in the past, and so .we think that this way everybody can have some clarity as to what the status of their lot is. This has a couple of other minor points. I'll just touch on them briefly. As another safety valve ;the Zoning Board is able to waive mergers, if the waiver would result in al significant increase in the density of the pg 9 P.H. Received 06 pA JUN 0 2 2026 neighborhood, and is consistent with the size of 0tWnin1P barEPof th,eats neighborhood. So, there's a safety valve there, if you had never meant theses lots of merge, and it's going to create a terrible hardship, you can go to the Zoning Board, and they can decide, oh yes, I guess it doesn't really merge after all. One other safeguard we try to build in was that in terms a lot creation. As I said, if this lot was created by deed before 1983; we're going to recognize (tape change) SUPERVISOR WICKHAM: This : is a hearing.. We're here to listen to what people in the audience wish to inform "the Board about. May I ask each speaker to, keep his or his comments within ten minutes. Would anyone else to address the Board? ABIGAIL WICKHAM: Good evening. My name is Abigail Wickham. I'd like to, first of all, just recognize the' tremendous effort that obviously went into the drafting of this legislation: It's certainly an area of the Code that's crying out for some reform. I hove a few substantive and technical comments, which,] hope will be instructive. I'd like start with the substantive comments. On Section 100-24A, !Lot Creation, I'm troubled by the words, if the lots have not merged, and! I'm not sure that this should really be a criteria at this point, particul4rly as to those lots which now fall within Section 100°-12, which Is being; deleted, or which were approved at some point by the Planning Board, as set forth in Subsection two, three and four of this section. The non-mergeg- provision automatically apply only to. lots over 40,000 square feet, and Ilm not suggesting that you approve postage stamp or very small lots, but I do think the law is a little erroneous in that respect, as drafted. Anyone with concerns about size of lots with respect to water quality and sewerage should be advised -that actually the Health Department sometimes had more control over these types of density issues, than the Town does in many, many respects. That's something that they should keep a very careful ;eye on. My second point in that same section 100-24B is the language all lots ;which are not recognized as above shall not receive any building permits, o . other development entitlements. That almost sounds like you are not permitting a variance application. I know you do have variance application further;- back, but the Board of Appeals or someone could read that very narrowly, nd I think that language maybe needs to be clarified. My third comment h s to do with the elimination of 100-12. I'm relating back to my prior comm e t before, but my main point here, and this is one of the major' points 1'd I11ke to make, is I think that this will take a lot of people by surprise. This i law has just been advertised. I don't know how many people know about it,; and we need some form of grace period. I don't know how many people ar� here from Nassau Point, but this is really going to have a major impact o a lot of areas that are currently exempted under 100-12. 1'd ask the Boa d to consider, while the law does go into effect immediately, allowing a tree month, or some period of grace period, for people to be able to react t this law. My next point, and again this is the second important point !nw a t to make, is the bulk schedule AA. I feel very strongly that this is rbitrary schedule which .cuts offmany lots, which conformed when they wer created, but not others. It draws a line, and I'm not sure that it's a fail- line. It's discriminatory, I think, to many lots which were created by deeds or otherwise, in accordance with standards that were permitted at the time. Again, it's not clear that there's a provision for a variance there. I think that needs to be addressed. Those are my substantive comments, and I'd just like to make a couple of technical Received j pg 10 P.H. JUN 02 -2026 SID Zoning Board of Appeals . notes, if I may. On Section 100-25, the merger section. The last sentence non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. I think that's an excellent idea, because now the whole thing would merge, but I'm not sure what it means, whether you have three lots you can pick two that merge, and one that doesn't. I'm not sure really how that would work in practice. 125-B with deference to the Planning Board; comments I thought that that language about the same percentage of ownership was one of the more brilliant parts of this legislation. 1 really think it's a good idea. I think this is an excellent provision. I think the word held by the same person should be persons, but I would strongly urge the Board in that direction, to keep that language In there. On Section D and E of that section, in section D, proof of merger, you state the Town may require proof of certain things, and then E says no building permit will be issued ° until this section has been complied with. There could be some. .certainly; in the Building Department about whether they may or have to deny a ;building permit under certain circumstances, and on Section C a copy of an driginal survey of that lot. I don't know what that ,means, original survey, whether you mean a original plan, or do you mean any survey that was made! of that lot. So, again, my main comment is, first of all, that the grace p�riod should be provided in order to comply with lots, that otherwise would' be not exempted under this language, and number two, that the bulk schedule AA be examined. SUPERVISOR WICKHAM: Thank; you. Would anyone else like to address the Board 'on this rather complicated piece of legislation? BiLL GARDINER: My name is Bill Gardiner, and i live in Cutchogue on Nassau Point. Since 1967 when 11 bought my lot, built my present home, I have appeared many times before your Board, the Board of Appeals, and the Board of Trustees, on matters which have affected me personally, and others, which did not effect r w, but which had an important effect on residents of Southold, and Nassau Point. Recently, 1 presented to your Board my objections to reducing the requirements for establishing BE.B's. was very pleased when you recionsidered, your proposal, and basically kept the old restrictions, and based on all the bad publicity. on these establishments in residential zo' es, you even tightened the requirements. Tonight I'm here to make some comments , on your proposed Local ,Law in Relation to Lot Creation and Merger. Now, I think everybody here tonight, and there's not too many here, ! has seen and felt that this thing is a very complicated matter, and I doubt tthat many people in this town understand it. Without a great education and! knowledge on the present, and what is proposed in this complicated le islation, I believe the average resident in Southold will have no understar ding of how this legislation could seriously harm their financial planning anO status. I thank Ms. Wickham on points of excellence. She mentioned Nassa� Point, and many points that I agree on. This is complicated procedure, ;and if you throw it at people they're not going to understand it. They're not going to get a chance to comment on it. In general it proposes that adjoi ing lots held by one owner, and in the case of Nassau Point, encompassing less than one acre will be merged, will not be eligible for a building permit Nithout permission of the Zoning Board of Appeals. In speaking to Miss S iro, who prepared this proposed legislation, she told me that while the prsent law in general had carried the same restrictions, that in general, th law has not been clear, and this proposal is to tighten and enforce R4 which would result in my opinion, to Received ad� pg 11 P.H. JUN 0 2 Z026 Zoning Board of Appeals the detriment of many. Under: the old law, I believe Nassau Point was excused from these requirements. Nassau Point was subdivided before 1920, and the lot map was filed in the .Suffolk County Clerk's Office, and all the individual lots are shown on the County Tax Maps. Owners, and prospective owners have relied on these maps. I have registered my objections to Miss. Spiro, and the probable results of this proposed legislation, and how it i could affect present, and future property owners. Her comment was, let the buyer beware. I dare say, that very few residents are aware of this . proposal, 'and have not be warned of the impact. For anyone to beware they have to be aware of the problem. I feel strongly that this Board has responsibility to publicize the p letails of this proposal, so that all present and future owners ,are made aware of it's affect on them, and given a chance to raise their objections. This; proposed legislation should not be another B&B proposal which eliminated! any Board review. It should receive the complete light of any of the d4y, give everyone chance to comment on all unfavorable aspects. I ask the Board to actively make more information available on this complicated proposal, and not to rush into factions until the effected population has a chance to respond. Thank you. SUPERVISOR WICKHAM: Thank you. Would anyone else like to address the Board on the matter of this public hearing? (No response.) If not, I declare this hearing closed. Judith rm Southold Town Clerk I ' p SfATE OF NEW YORP Yd SS: Arta' •�.. ior...`':. tooi:sac: Belk 516es Re#`;r 4, COUNTY-OF SlJFF0IIC ) vaa;�'.'+yQY1 rM� :w) ..vt).,.. f ietl..•(t&t).j�:�;::: 1n/� J. 13p�lOfc �A 11 1�1�M_ 1� —of ass.. :::::i u �:::sus:::: m in said County,being duly sworn,says the H9,999.4 do. Principal Clerk of THE SUFFOLK TIMES, SS Newspaper,published at Mattitack,In Z2494': fe 28 li H "`. `:: Southold,County of Suffolk and State of 200°Dro' JiG, 'lIC �0'. Is. and that the Notice of which the am � : ' ` � �� 33 ...,;SQ:':;..::'. LEGAL fYOT[Cy .. ::.... :....'.44C7Y.. . -NOTICBOV Ltssthm 1. printed copy,has been regularly pnblhd et)Etac'ayAanvo 20,600 m; as Wo 3i as , a ss Newspaper once each week for ON sa vely, enci»g on the PllRl2C xf7¢C8 LS: co— HERESY.CifVEN st theo eo t 'Iiii, pmwated to atd d tits , To"ac *c T6&i:a oixhokL's lfoh t7ccmty ft_NEw Vbdl,a 30h d+Y lg�j of Ray.1. .L-g I:ew-c' A I:ed�iw lti•tlef'+tloh u tst Crea{tm _. .. m4 NO11C73'IS-FYIR3ilElt OIVi9'f�.t' TWn maid eft4Ytmm at Somholt- - CNAISTiNA VOUNSKI ai0 ipld a f�aEUc an the Loral 4w a 6(e S bRIDW:Tmm t4t1,. i�i�. .�y. { PubliO.Stets o)New V, INde Rau soopd+ �.a4'anh.rAh da atlbae,asss;In:a•oo r.M.sX ` s Smaal wa u3(E:geplfclb)b flaebr�titui m m eottLeq NtttstY I�dfi4ann r ;yam E Isy Nstlsmber 29.t rim 5004" Princil wt�thtnall _•pctaa+msntie),eb<a. r TMc psopole�EhaN,a,r6t71>eLUmfoibtto'a aoil Meyer.'cab n hE hR H'IACIEDt 61'6>a Town sovd'di6dTowo d$gUthold n a>Ilove L ckgp,IbQ(7adcry�of. o of Somlbld.b hereby mmoded n jdbwt. cSatin IOF)1A Mt.G'es¢op)b tlmbY I+dtlpeed to gads(oRows. ��lJ �t �+•+ _ y A lore ti m 4 ¢ ma,�ran�.l.hn henlmth.tn�rown rc,: Notary Public xl�e•_•fIh•h�',mi1�tiMA'wince:utidf<•t'lclmLsttn:tml+cr'4 .. ulatb�I insi,cvdtJ bj;hsJ ucc•dJ II.,n•L•a<:inr, , L• t n,gh•'a JMI;.Fl hL L, ,,d.nn...•Ub' up,..nm�l Lr i.yp;Unlw(at.u:l-rl�uc uultS:isUl'n'1\.+\,-JIhrW: y $MOrn before mG:tltb ti 4,I,•,..el.r.. ,I Ilx hn 4 nn',11%%••^\& L+Arita,Iw%Wl.•kI I—I M-draw luy l day of 1 i �e eive I^ >� h�un.x,,�., Amy , I •:k T.,.n eo. 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'�1 SL'ihituLblsitai�v.bYlkbR:awlilis.udniicfumlaWnJil,a7LLx:i104. ,m 1 rn hr Ihr T an ran II Ih.. rri.m hn 1„n inetwd llh'Ilk' j,{y.3Y'1fNi. .mYl)IbtIL-lay6tt111A I ll tnlM a mlrn,LMenI.M•16Ybd1�A pRl{6711 D.. .3.SeNm 106d6(wdoe of hWje)b tieehy iduprid m Ieadm follows. . p� : 6,Y/a le,lira,,Idw>ad,rile L..,1ni•Beud ar AIX7eala 'wni4er die mener„' fM Y .'.M K.,.ti.'p,ni Ihir Riles -' NdJ{F'henn'jells nem' fl..en, .... .•.- .'��wd,ec"'n not 1,,hI�.e:IdAeer.6..,.e r dlee«f,l,r otd.e, _ - rthe�aLd,l nc,Ie akn Iha hi A%TnIIhdr d, nei M.� �1 mI . 7 9pcduu'{00+�§t :f�Wldor perfnih)bhoefiy�wimib ea6W {SeeUm,1t19itrM1(StA.cb ihFNoeronikam4y,Lnp)la ben�r wncuded.bnad (!),. .. ...t'Thtt'iuh,nclai k tnnc,IArd in'I.n,kk isinhesn wn6.di flw Xeavicq'ek.:..•,:;::. hmfdiq imto fir lv,yh:tly;,p,rjn'mLbj A-.LISILa3J• :u••:>. nI.4 n.Il■IImIInI;,tal h=.ssL^�+,I y,try+m.Iln'�..wrilw� �11tr1L5.'I�Wuf�AA i•t•,ti•>hAV IS�call r,ati,•: - l4JISc1ah�\\ R dtY1bA1C .°^- `' emcm1t G: ' g_aeeween•Aedl 4.[9sf�.:..L T110� 1pSl.._, 13Q o�,de.�.truixr L, A' 9m000 -131 lYI,. n`nl::r,�1 ts;,h,u utr ero.r ly,r:i rtnnf�.w>�m�seaadxatsuie,:•-,�'-:. •1:elrl ln¢Iayre,em,ahhck.m ..tiwtnMnph a•Iot�cit.d:LM.IIn. .:;:;;.:.::-�:,)_:,, ...�.;'.:::::.,''. Crry.it."Nish I..n:d U.an+n,ilkhk n Ihe:Of&e"oF,Ihn Tani Clerk_10 eor.lit_' ' IGrttCdlKtthm�etojlbudeFsshoisw .. . Sao Y. ! '. , 1UD17H!7'•IFRrfY. •IuJI fe -.-�. .• _' :SOIl17i0Q,O'WVMIiC1'EftK �: _ i STATE OF NEW YORK) ` SS: i COUNTY OF SUFFOLK) iJUDI.TH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 16th. day of June 1995, {1 she affixed a notice of .which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of. Southold, Suffolk County, . New York, to wit: Town Clerk's Bulletin i Board, Southold Town Hall, Main Road, Southold., New York 11971 . li Legal Notice,. Notice of Public Hearing on "A Local LaJAIRMIRIn to Lot Creation and 'Merger", 8:00 P.M., Tuesday, June 27, 1995, Southold Town i Hall. JUN U i o1 Appeals i Zoning Board ' Judith T. �Terry '! Southold Town Clerk Sworn to before me this 16th day of June 1995. Not ry Public { I i 0 i ff� { 1 LIKK J COOPER { N-- PuW14 gZ of NowY9fk Tesfffl :4$?Zb�.Suffolk _ i t Was. ,was,ta_..� - I LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, °A Local Law in Relation to Lot Creation and Merger". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of JUne, 1995, at 8:00 P.M., at which time all interested persons will be heard. Receive r This proposed "Local Law in Relation to Lot Creation and Merger" reads-as follows: JUN o L+ . 026 BE IT ENACTED, by the Tox n Board of the Town of Southold as follows: + Zoning Board o Appeals 1. Chapter 100(Zoning)of,the Code of the Town of Southold is hereby amended as follows: Y �1 1. Section 100-24(Lot Creation)is hereby adopted to read as follows: V . A. A lot created by deed or town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed.to the minimum lot requirement(s)set forth in Bulk Schedule AA as of the date of lot creation. 2� The lot in question was approved by the Southold Town Planning Board. 3j The lot(s)in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. The lot(s)in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. I (I C. All lots are subeect to the merger provisions of 100-25. I 2. Section 100-25(Merger)is hereby adopted to read as follows: A. Merger.-A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1. 1983. An adjacent lot is one which abuts with tho parcel for a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. i Page 2 2 Legal 1 ice-- Lot Creation E Merger B. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adioining parcel. C. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this law. 1� The nonconforming lot has a minimum size of 40,000 square feet, or The nonconforming lot obtained a lot size variance from the Zoning Board,or 31 The nonconforming lot has been held in single and separate ownership from July 1.1983 to date. D Proof of Mer er The Town may require a oerson seek mgdetermin- D ation of merger to provide any or all of the following documents for evaluation: Received 11 Proof of the;date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all�� 0..2 2026 satisfaction of the Town: A copy of the current tax map and survey of the lot: Zoning Board C i Appeals 21 Loopy of the original survey of the lot: A title search showing single and separate ownership of the prop- Ierty from July 1. 1983 to the present time, prepared by a Suffolk . County title;insurance company indemnifying the Town of Southold with$25,000 of insurance: �. Other additional information or documentation as may be deemed necessary. E. Effect of Merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with. The Buildina Department will issue a written determination whether a property falls within an.exemption to the merger provision. 3. Section 100-26(W�iver of Merger)is hereby adopted to read as follows: A If a lot has merged, the Zoning Board of Appeals may waiver the merger and recognize the original lot lines upon public hearing and upon a findinq that: the waiver will not result in a significant increase in the density of the neighborhood: 21 the waiver would recognize a lot that is consistent with the size of lots in that neighborhood: the waiver will avoid economic hardship. Page 3 =ga N ce - Lot Creation € Merger 'I ! 4. Section 100-244(Setbacks for Nonconforming Lots)is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for lots which are recognized by the Town under 100-24, are mRde nonconforming and have not merged pursuant to 100-25 B. rhaRges ef title te said let;vvhirh abs#aGt 6hall be in the usual —\ , cei ed 2 2026 Law. Such lot shall be eats sieas as#ellmv required to meet'the following: Zoning Boa of App Yard Area Lot Front Side Both Sides Rear (sq.ft.) Coverage Ofidth O"th (ft.) (ft.) (feet) (feet) 120,000 to 199,999 10%0 75 30 80 85 100,000 to 119,999 10% 75 30 so 85 J 0$ , _ 99.999 80 30 85 1�°/ 40,000 to 79,999 200% 60 20 45 73 20,000 t0 39,999 20% 42G 440 40 15 35 50 40,000 Less than 20,000 20% 88 480 35 15 25 35 !� G. (! I I 5. Section 100-12(Exceptions)is hereby deleted in its entirety. !at vvidths applirable te said lots shall be as -hmurn and de6i@Rated eR Said 1 Page 4 Legal R .ice - Lot Creation & Merger l , 6. Section 100-32(Bulk, area and parking regulations) is hereby deleted in its entirety: eCeiv d p 2026 7iO rd 0t Appeals (44 423 May-20 1983. i (3) ( {44 i May-20 4 983. E t E i 5 Page 9'- Legal N ce - Lot Creation E Merger i� I I "",.. 983-. I (a) 9- i May 9, 1983. 2Q, 1985- a#teFMay2B 4983- 7. Section 100-281 A(7)(Building permits)is hereby deleted in its entirety: 7 � ! ( ) AA I 8. Bulk Schedule AA its hereby added to read as follows:Zoning Board of Ap eals i� Bulk Schedule AA Lot Size Width Deuth A. Prior to April 9.1957 any any I Between And 9.1957 and 20,000 100 ]So December•1.1971 C. Between December 2.1971 40,000 135 i75 and June 30, 1983 .i i II. This Local Law shall take effect upon filing with the! of State. P 9 Secretary Underline represents additions. Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. f Dated: June 13, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK I i i ! Page 6 - Legal N ce - Lot Creation !ti Merger f I I PLEASE PUBLISH ON JUNE 22, 1995, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Z, Copies to the following: The Suffolk Times Town Board Members Town Attorney Southold Town Planning Board Southold Town.Board of Appeals Southold Town Building Department Town Clerk's Bulletin Board Receive JUN 0 2 Z 26 Zoning Board of Appeals i LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW I PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A Local,Lan In Relation to Lot Creation and Merger". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of JUne, 1995, at 8:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to, lot Creation and Merger" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: i I. Chapter 100(Zoning)of the Code of the Town of Southold is her �le as follows: d� rA 0-2 1. Section 100-24(Lot Creation)is hereby adopted to read as foilow�UN e. A lot created by deed or town approval shall be recoaru W&M tFW and of Appeals Town if any one of the following standards apply and if the lots.have not merged: 11 The Identical Lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s)set forth in Bulk Schedule AA as of the date of lot creation, 21 The lot in question was approved by the Southold Town Planning Board. I the lot(s)in question is/are shown on a subdivision Tap approved by the Southold Town Board prior to June 30, 1983. 41 The lot(s)in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. 8. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subiect to the merger provisions of 100-25. 2. Section 100-25(Merger)is hereby adopted to read as follows:. A Merger, A nonconforming lot shall merg a with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983.An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance Nonconforming lots shall merge u!]tjI the total lot size conforms to the current bulk schedule requirements. ! I i .. Page 2 - Legal Notice - Lot Creation 6 Merger i Definitions. Common ownership shall mean that the parcel is held:bv ` the same person in the same percentage of ownership as an adloininc ap,rcel. i i C. Exceptions. Lots which are recognized under Sec. 100-24'and meet ar]y of the following categories shall be exempt from the merger provision set forth above and shall not be deemed meiged by operation of this law. The nonconforming lot has a minimum size of 40.000 sctuare.feet. or 21 The nonconforming lot obtained a lot size variance from:the Zoning Board, or i i . The nonconforming lot has been held in single and separate ownership from July 1.1983 to date. i D Proof of Merger. The Town may require a person seeking'deterinin- ation of merger to provide any or all of the following documents for 1� evaluation: ��1 Proof of the date when the lot was created.and the size of the lot: together with a copy of a legal description.of the par. cel.all.to th e O v� satisfaction of the Town; viece r 2j A copy of the current tax map and survey of the lot: 2b26 JUN p2 . 3j A copy of the original survey of the lot: eals Board °f`ApP 41 A title search showing single and separate ownerAOo he prop erty from July 1. 1983 to the present time, Prepared by a.Suffoik: I . County.We insurance.gorripanv.indeinn'. ina-the...T.awri.af Southold with$25.000 of insurance: Other additional information or documentation.as may be deemed necessary. E. Effect of Merger. No building permit or other development entitfement will be issued by the Town until this section has been complied with. The Building Department will issue a.written determination whether a property falls within an exemption to the mer ier provision. 3. Section 100-26(Waiver of Merger)is hereby adopted to read as follows: A. If a lot has merged_the Zoning Board of Appeals may.waiver'the merger and recognize the original lot lines upon public hearing and upon a findina that: 11 the waiver will not result in a significant increase in the density of: the neighborhood; i 2I the waiver would recognize a lot that is consistent with.the size of lots in that neighborhood: 3t the waiver will avoid economic hardship, i i 1. Page 3 - Legal Notir-._.- Lot Creation 8 Merger I 4. Section 100-244(Setbacks for Nonconforming Lots)is hereby amended to read as follows: A. This subsectionis intended to provide minimum standards for granting of a building permit for lots which are recognized by the Town under 100-24, are Rm4a nonconforming and have not merged pufsuant to 100-25 singly and sepaFatety ewRed as e€#k�e B. adoniRg aFly 19�OF land in the same omq;eFship at any time sub6e ble F- G4anges of title Ito said let;YA;iGh SbSt Gt shall be the usual Wm, ��� shall be se vverk-iR- Sa0el Re • �U ti Gent a��� •red PFGPv-► Law. Sugh lot stall be gFaRt8d F81lef fGF frepA side and F8aF yaFd do2 ��26 sierae as4GfieW4 required to meet the following: i Yard Zoning Board of Appeals Area Lot Front Side Both Sides Rear (sq.ft.) coverage MAdth' Depth (ft.) (ft.) (feet) (feet) ]20,000 to 9 999 10% 71 30 60 t3 0 119,929 10% 75 30 80 85 80,000 to 99.999 >5% 80( 30 04 .000 to 79.999 20 %0 24 45 L I 20.000 to 39.999 20% 420 440 40 15 35 50 j. 40t080 Less than 20,000 20% so 400 35 15 25 35 6 lR the rase of ialRg IGGated in a sobdivislen plat, appiceyed aftef ApFil 9, RapRi149 Boaqd of the Tewn ef Southold and filed with the Go Pity Clark of9a#sl ad area dlrraeRs' d rear years aad ait the timewe Flap was {V FigiRa 5.. .Section 100-12(Exceptions)is hereby deleted in its entirety. All of ta le reRa teas gad Is#wi�tbs apptlFaOla to said lets-shall be as sheym and designated en said reeR-Awes;-St 'rat; SestleR-1�-FzerdhgFp Acres, Se R H:-9te"@ Shales;-Serb n Illi EasteR SheFes, Seetien IVi EasteFn-ba FOG,-SestieR 1 Page 4 - Legal Notice - Lot Creation. 6 Merger Beres;Meese G Nessaw 'nt 9saF PBFk Vill tE;-��M20E6 ; Waters; Ray taven; GoFey GFe ' k €states;P1wthwoodsi Virta Oluffi i skseas I andia"ePne#''s-Reaei; Reseweed restates; Sunset Knolls, SeGtim 11i Smithfield 0-4— dies , Hi hwood; DJunnako.P;a-VVat9Fs; uth Me eF Homes;Resenis-QhaF:Ra .8eetieR t 69Rie-l-IGme6; 8eetiOR I;Pe6e emes, geetlefl tt�- 68nis `vo� RtFy Est ale OeRt by Sea,-Ssetiert tt-S!eaves ReiRt-,8eetieR 111. Received 6. Section 100-32(Bulk, area.and parking regulations)is hereby deletes in its entirety: JUN 0 2 Z026 No buildin"F-pfernises-shalt ba use dand Re euitdiag er ber-eo4hail ltuFat G ewatieR DiE;t; d of Appeals f�Law-9eRsity Residential- -69 BtstFi e . Bulk-S ule-iRser-pe.Fate th gulations re set fei4h k►er$tq ire Nil, as well as to the fell 'Rg bulk and parting-rani+—►ants A N thou i •drat the redi of mmvii of the @utk RGhtmdi olt4 and the RaFkiR@ SGhedule rperated-ip4#i�er aFe seR3pttad with. i . 9 uiramig its ter siFigte#agait dw )lidos.asset IoFth iR 6e be PaFking8 dele iRserperatadaRte this 6hapteF shall apply to the fstlew F4;lsts. M iv+sieaps�vtis#�veFe graRted#Ral approval by aRRiag 13eaFd POW 4041a}-2-9; i AlPots sh bdiv GR FR ps-WPeR wbisb tha P1sReiRS l;eard has held a heafiRgfeF pFela'aiRaFy map approval p0o-:to Ma)- 9@S ( subdivision mapa-that beery wed ' (43 Allaets-se preval ef-the RIaRRiRg Sear sebsequeRt to November-23 4971, and 4e-Mav�- S the bkalk and-paFlOng-requiFem �'Ygle Tom' @lt hqs'sel forth iR GeluFRRs i and ill ef the Rulk SGh dine ARd-RaFk!R@ So i (a j sh-hav aloe granted sketGh plan PPFGVal by the Q-�AaF�9 �F3ft6r May 29, 1813. i j i Page a = Legal No,. ~s - Lot Creation & Merger R RfRg grmap appr-sval ea OFaf#e� May2A, 4&83. ( the RIar;Fliag 139ardo sF a#teNWay8'983: Q The tut h-in GGtumn xii ewe Bulk-SGhedale aad RartdAg gGhedule 'ReeFPeFated • inte-this shapteF she N-apply to the felley*;g lets-. (4 AJI lets sheiwn en, F1eFsubdiylslep-Fnaps which have ben OR-OF afteF . Ntay-28;�883: (�} 20, 1983. a#te 7. Section 106-281 N(7)(Building permits)is hereby deleted in its entirety: h� t �- ied-by-a-�seFtllied abstFarst of lifle isswed by a title GGFaA;;Rlg which.�02. as - Zoning Board of peals 8. Bulk.Schedule AA as hereby added to read as follows: i Bulk Schedule AA Lot Size MCI Depth @,Prior to April 9,1957 any any my I Between April 9,1957 and 20,000 r 100 150 December 1.1971 Ci Between December 2,1971 40,000 1,35 175 i and June 30,1983 I II. This Local Law shall take effect upon filing with the Secretary of State. Underline represents 0dditions. Strikethrough represents deletions. i i Copies of, this Local Laity are available in the Office of the Town Clerk to i any interested persons during business hours. Dated: June 13, 1995. JUDITH T. TERRY r SOUTHOLD TOWN CLERK i i ' 1 r I Page 6 - Legal Notice - Lot Creation & Merger i i PLEASE PUBLISH ON JUNE 22, 1995, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN MALL, P;) i BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Receive Town Board Members �l i Town Attorney Southold Town Planning Board Southold Town Board of Appeals JUR 0 2 Southold Town Building Department Town Clerk's Bulletin Board Zoning Board of Ap#leal6 j 1 i I { I i I I V t , f 5 ! I 1 I i , I . lJpo�oS� JZTDI PH T.TERRY < Town Hall,U095 Main Road TOWN CLERK, H 2 P.O.Box 1179 Southold,New York 11971 REGISTRAR OFAG rAL OFFICER STATISTICS Fax(516)76&1823 MARRIRECORDS MANAGEMENT OFFICER 4( �a Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFIC19 OF THE TOWN CLERK TbWN OF SOUTHOLD I June 1S, 1995 PLEASE TAKE NOTICE th4t a Public Hearing will be held by the Town Board of the Town of Southold, at -the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a D proposed 'Local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. v b Please sign the duplicate ;copy of this letter and return to mn . in tp�gVed enclosed self-addressed, stamped envelope. Thank you. eCj ! ,` ✓� JUN, 0 2 �026 Southold TowJudith T. n n C1e%n-lng Board Ot Appear r Attachment cc: Suffolk County Departmenit of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Abpeals Southold Town Building Dipartment i i I i Signature Aj Title ! Dat I I I i I ' dUDrM T.TERRY y1 Town Hall,53095 Main Road TOWN CLERK w 2 P.O.Box 1179 `p 7 Southold,New York 11971 REGISTRAR OOFG OFFICER vrrAL TT�CS Fax(516)765-(1823 RECORDS MANAGEMENT OFFICER l �Q Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERg TbWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE th't a Public Hearing will be held by the Town � �1 Board of the Town of SoutZld, at the Southold Town, Hall, 53095 Main "1 Road, Southold, New York, at, a:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger', a copy of which is attached hereto. Received Please sign the duplicate ;copy of this letter and return to me in the CC enclosed self-addressed, stamped envelope. Thank you. JUN 0.2 7026 �� mg Board of Appeals 'C"- Judit�i T.—TerV1 Southold Town Clerk Attachment cc: Suffolk County Department; of Planning Long Island State Party Corhmission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of A�peals Southold Town Building Department i Signa re Title 02 � O Date ��o�osUfFo(,�-coGy JiIDITH T.TERRY o < Town Hall,WW5 Main Road TOWN CLERK a* � P.O.Boa 1179 REGISTRAR OF VITAL STATISTICS j, ® Southold,New York 11971MARRIAGE OFMCERFax(516)765-1823 RECORDS MANAGEMENT OFFICER �Oj �aO Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southdld, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and MergerO, a copy of which is attached hereto. Please sign the duplicate ;copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. 1J L r eCeived Judith T. Ter Southold Town Clerk JUN 0 2 �026 y Attachment cc: Suffolk County Departmenj of Planning zoning Board of Appeals Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Bard Southold Town Board of Appeals Southold Town Building Department — .Q c � nature Tit �9C� ate f�o�AgUf l:0(p-c�Gy� JUDUH T.TERRY c Town Hall,53095 Main Road TOWN CLERK cry = P.O.Boa 1179 REGISTRAR OF VITAL STATISTICS ip ® Southold,-New York 11971 MARRIAGE OFFICER Q! Fax(516)765-1823 RECORDS MANAGEMENT OFFICER l �� Telephone(516)765.1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 � L PLEASE TAKE NOTICE th't a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, a> 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relatidn to Lot Creation and Merger", a copy of which is attached hereto. Please sign the .duplicate copy of this letter and return to me in the �� 1 enclosed self-addressed, stamp.) envelope. Thank you. I ✓� eceived Judith T. Ter Southold Town Clerk • Attachment i cc: Suffolk County Department)I of Planning 01 ln9 BOard o{ Appeals Long Island State Park Co, mission Z Village of Greenpon . Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning BQQ'ard Southold Town Board of AIpeals Southold Town Building Dddllpartment i i i I i Signat e i j Title Date i o�asvl:Fn�,��o � G JUDUH T.TERRY l` Town Hail,53095 Main Road TOWN Cam' a R y z Y.O.Box 1179 REGISTRAR OF VITAL STATLmcs 0 Southold,New York 11971 MARRIAG1823 RECORDS MANAGEMENT OFFICER Fax �'ff01 �aO! 1 Telephone((61s 7ss1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, ad 8:00 P.M., Tuesday, June 27, 1995, on a proposed 'Local Law in Relation to Lot Creation and Merger , a copy of which is attached hereto. Please sign the duplicate 'copy of this letter and return to .me in the enclosed self-addressed, stamped envelope. Thank you. (/ Judith�� U 1%0— ed Southold Town Clerk Attachment JUN v 2 2026 cc: Suffolk County Department of Planning Long Island State Park Commission Zoning Board of Appeals Village of Greenport Town of Shelter Islandp Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Nppeals Southold Town Building DOpartment ignatu Title_=- �1�y i 'I JUN - Date . i �I o�oS�EFocx�oG y� JUDITH T.TERRY Town Hall,63095 Main Road TOWN CLERH P.O.Boa 1179 Southold,New York 11971 STI REGISTRARMARRIAGE OFFICER CS O?' Q� Fax(516)765-1823 RECORDS MANAGEMENT OFFICER ! �� Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK Received TOWN OF SOUTHOLD June 15, 1995 JUN 0 2 2026 Zoning Board of Appea16 l? PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southdld, at the Southold Town Hall, 53095 Main Road, Southold, New York, aj 8:00 -P.M., Tuesday, June 27, 1995, on a proposed 'Local Law in Relatipn to Lot Creation and Merger", a copy of which is attached hereto. i Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamp envelope. Thank you. I Judith T. Terog Southold Town Clerk I Attachment i cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Bard Southold Town Board of ppeals Southold Town Building D partment Si ytu MIN) Title Date i i . Fp(/(�o . JUDrM T.TERRY c� y� �Pivlb'd�n H all 53095 Main Road TOWN CLERK i» x P 1179 a 1 w REGISTRAR OF VITAL STATISTICS coo ,ulQ- York 11971 MARRIAGE'RECORDSSS MANA EMENT OFFICER Fax�.( `1.aO! Teleph8 6 7 5 65-1823 800 FREEDOM OF INFORMATION OFFICER Zoning BoatOO r �ID � OFFICE!OF THE TOWN CLERK D I TOWN OF SOUTHOLD THIS IS TO* CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A RE ULAR MEETING HELD ON MAY 30, 1995: I j RESOLVED that pursuant to rticle 81 of the Environmental Conservation Law, State Environmental Qu lity Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the "Southold Town oard, in conducting an uncoordinated review of this unlisted action, has etermined that there will be no significant effect on the environment. i DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot Creation and Merger" which amends Chapter 100 (Zoning) of the Code of the. Town of Southold by addtogni the provisions that a lot created by deed or town approval shall be zed by the Town if certain standards apply and if the lots have no merged. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment For has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. I I I Ju ith T. Terry� Sou old Town Clerk y 31, 1995 I I i i i I Received ,UN 0 2 2026 Zoning Board of Appeals • 1- X O�g�FFO(�c�G a ti� JiLo LAURY L.DOWD 'YQ� !`� Town Hall,53095 Main Road Town Attomey y i �jf�l O P.0.Box 1179 Southold,New York 11971 Fax(5 16)765-1823 Telephone(516)765-1800 OFFICE OF,THE TOWN ATTORNEY X TOWN OF SOUTHOLD TO: TOWN BOARD i FieCeived FROM: TOWN ATTORNEY i INN 02 V5 RE: LOT CREATION AND M�ERGER ORDINANCE Zoning Board of APPeale DATE: APRIL 27, 1995 Attached is a draft local law w ich addresses the Planning Board's comments about the draft lot creation an merger ordinance. I'd like to summarize the contents of the ordinance, note changes since you've last seen it; and highlight areas which need a policy decision. The local law is intended to address staff problems in determining if lots were legally created and if they can exist today as separate lots. Currently, the Planning Board, Zoning Board and Building Department handle these issues differently, because there is np clear guidance in the code as to how the issues should be handled. The now ordinance gives such guidance. The ordinance requires lots to be created by subdivision after 6/30/83. Lots created before that will, be recognized if they received Town approval . or if they conform to a basic lot size. In response to comments, requirements have been added to require the lot to have a minimum lot width. and depth requirement (based on the widti and depth requirements in the code at those times). ' The goal is to avoid cognizing roads and other narrow parcels as lots. The basic lot requirements have been set out in Bulk Schedule AA which is attached to the end and which is part of the ordinance. Even if a lot was validly creat d, it may have merged with an adjoining lot. Section 100-25 establishes the rules regarding mergers of nonconforming lots. In response to comments, Sect on A has been revised. A nonconforming lot merges with other lots held in tie same names until the lot is big enough to be conforming. For example, if you have six 1-acre lots in a 2 acre zone, the lots will merge to form three 2-acre lots, not one 6-acre lot. Section 100-244, 100-12 and 100 32 have been deleted because the new sections make them unnecessary. Note that 100-244 has been amended to include setbacks for undersized lots in the relatively new R200 zones. I I I i I i _ Re�e�Ved JUN 0 2 �026 . ... -zoning BOard °fi APPeaVS C l Page 2 The new ordinance calls for the Building Department to apply it. Since some administrative details need to bei worked out (forms and filing procedures), I recommend that the new law have! a delayed effective date of two months. A policy decision still remains to! be made about whether lots merge if they are held in the same names but in different percentages of ownership. For example, one nonconforming lot is held y John and Mary Smith (50% each) and the adjacent lot is held by John Smit (2/3) and Mary Smith (1/3). Under the draft language these lots would not merge. The Planning Board suggests that the Town ignore percentage of owne ship and merge the above-described lots, on the grounds that figuring out , percentage of ownership is an undue complication. We should talk abou how you want to proceed with this issue. The next step in proceeding is t� set this ordinance for public hearing. i i Received il" JUN 0 2,2026 1� i Zoning Board of Appeals i I I i i I I I i i ~�O�Os�FFO[X�4k JUDITH T.TERRY � -<� Town Hall,63095 Main Road TOWN CLERK y P.O.Box 1179 tir Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Gy `� Fax(516)765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone(616)765 1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN of sOUTxOIn Received c6LD June. 15, 1995 JUN 0'2 2026D Zoning Board of Appeals PLEASE TAKE NOTICE thot a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed 'Local Law In Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. ✓�o s� Judith T. Terej Southold Town Clerk = Attachment cc: Suffolk County Department of Planning Long Island State Park CoImmission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning B ard'� Southold Town Board of ppeats Southold Town Building D partment I a Sig a re i Title Date i I JUDITH T.TERRY Town Hall,53095 Main Road TOWN CLERK y P.O.Box 1179 REGISTRAR OF vrrAL STATISTICS 0 Southold,New York 11971 Fax(516)765-1823 MARRIAGE OFFICER RECORDS9 MANAGEMENT FFICER oy�01 !� Telephone(516)765.1800 FREEDOM OF INFORMATION OFFICER Received OFFIC9 OF THE TOWN CLERK TOWN OF SOUTHOLD JUN 0 2 2026 June 15, 1995 Zoning Board of Appeals r PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, a 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto.- Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stampod envelope. Thank you. Judith T. Ter Southold Town Clerk i Attachment i cc: Suffolk County Departmen of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Bard Southold Town.Board of ppeals� Southold Town Building DI partment i i i Signature. �-------_ Ty r JUN 16 Date_~ - i i i ' o��S�fFO(�coG JUDrM T.TERRY Town Hall,53095 Main Road TOWN CLERlK t¢/� P.O.Box 1179 REGISTRAR OF VITAL STATTSTATISTICSGy � Southold,New York 11971MARRIAGE OFFICER Fax(516)76b-1823 RECORDS MANAGEMENT OFFICER �0� �a� Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER Received l� OFFICE;OF THE TOWN CLERK Z05 TOWN OF SOUTHOLD JUN O 2 Zoning Board of Appeals t June 15, 1995 PLEASE TAKE NOTICE th t a Public Hearing will be held by the Town Board of the Town of Southo d, at the Southold Town Hall, 53095 Main Road, Southold, New York, a), 8:00 P.M., Tuesday, June 27, 1995, on a proposed "local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate 1copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. , .�� i Judith T. Ter Southold Town Clerk Attachment cc: Suffolk County Department of Planningo . Long Island State Park Commission Village of Greenport/PGG 1 Town of Shelter Isla d&F Town of Riverhead Town of Southampton�P,e Southold Town Planning oard Southold Town Board of jppeal*Pi Southold Town Building Dppartment)&-e, . Signature Title ! Date Fat/( ti�� Goa JUDI'TH T.TERRY Town Hall,53095 Main Road TOWN CLERE P.O.Box 1179 Southold,New York 11971 REGISTRAR STATISTICS AR MARRIAGE OFFICER �y� O�� Fax(516)76&1823 RECORDS MANAGEMENT OFFICER �.� �� Televhone( 16)765-1800 FREEDOM OF INFORMATION OFFICER Received Z026 JU N' ®2 OFFICE!OF THE TOWN CLERK TOWN OF SOUTHOLD Zoning Board of Appeals THUS IS TO CERTIFY THAT THE FOL�OWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGU R MEETING HELD ON JUNE 13, 1995: I _ i WHEREAS, there was presented to thg Town Board of the Town of Southold, 'on the 23rd day of February, 1995, amended and resubmitted to the Town Board on the 30.th day of May, 1995., a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; and ' t WHEREAS, this Local Law was referred to. the Southold Town Planning Board and the Suffolk . County Department of Panning for recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sel is 8:00 P.M., Tuesday, June 27, 1995, Southold Town Hall, Main Road, Sou hold, !New York, as time and place for a public hearing on this Local Law, which reads as follows: LOCAL III LAW 1�0. - 1995 A Local Law in Rela ion to Lot Creation and Merger BE IT.ENACTED, by the Town Bard of the Town of Southold as follows: I i I. Chapter 100 (Zoning) of the C de of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Crea>ion) is hereby adopted to read as fo((ows: A. A lot created by deed or to pooraval shall be recognized by the Town if an one of th folloy6ng standards apply and if the lots have not merged: ' 1) The identical lot s cr ated by deed recorded in the Suffolk County Clerk's ffice a or before June 30 1983 and the lot conformed to thi minim m lot re uirement s set forth in Bulk Scheduie AA as the ate of lot creation. I i 2� The lot in guestibn, was 6pproved by the Southold Town Planning Board. 3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. The lot(s) in question is/are approved and/or recognized b formal ormal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the Town pursuant to the above �C section shall not receive any-building permits or other dMW entitlements. $r�0 C. All lots are subiect to the merger provisions of 100-25. JUN`-0 2 7026 Zoning Board of Appeals 2. Section 100-25 (Merger) is thereby adopted to read as follows: A. Merger. A nonconformina lot shall merge with an ad'acent conformin or nonconformin jot' ich has been held in common ownership with the first lot at any timp7fter July 1 1983. An adiacent lot is one which abuts with the"Parcelr a common course of 50 feet or more in dis- tance. Noncoots shall merge until the total lot size conforms to the current bulk schedule requirements B. Definitions. Common 'ownership shall mean that the parcel is held b the same person in tho same percentage of ownership as an adioining parcel. i C. Exceptions. Lots which are reco nized under Sec. 100-24 and meet any of the following ca a ories shall be exem t from the merge rovision set forth abo a and shall not be deemed merged b operation of this law: 1 The nonconforminO lot has a minimum size of 40.000 square feet. or 2) The nonconforminla lot obtained a lot size variance from the Zoning Board, or 3) The nonconforrninh lot has been held-in single and seoarate ownership from Jdiv 1.1983 to date. D. Proof of Merger. The own may require a person seeking determin- ation of merger to orovide any or all of the following documents for evaluation: Proof of the date when the lot was created and the size of the lot together with a cc of a le al description of the parcel. all to the satisfaction of the own: i 2) A copy of the cu 6nt tax map and survey of the lot: 21 A copy of the origibai survey of the lot; A title search show}ng single and separate ownership of the prop erty from July 1. 1983 to the orbSent time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance: 5) Other additional information or documentation as may be deemed �n necessary. 1 D u� E. Effect of Merger. Nob ildin Permit or other development entitlement wil! be issued by the T wn until this section has been com I' 'Ved The Buildino De artme t will issue a written determination Y WP a oroperty falls within an kemption to the merger rovision. JUN 0 2.2026 3. Section 100-26 (Waiver of Merger) is hereby adopted to readZM t&I(Mrd of Appeals A. If a lot has merged. thO Zoning Board of Appeals may waiver the merger and recognize ,he original lot lines upon public hearing and upon a finding that: , 1) the waiver will not result in a significant increase in the density of the neighborhood: 2) the waiver would recognize a lot that is consistent with the size of lots in that neighborhood: 3) the waiver will avoid economic hardship. 4. Section 100-244(Setback' for Nonconforming Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for'lots which are recognized by the Town under 100-24, are made non onforming and have not merged pursuant to 100-25 B. land iF; the saF�e ey�R Ship at the eftative date ef this Miele and .; , pFepeFty Lam. Such lot shall be; reguirfed to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage fit# Q" (ft.) (ft.) (feet) (feet) 120,000 to 199,999 10% 75 30 60 85 6 100,000 to D 119,999 10% 75 30 60 ReCeived 80,000 to 99.999 15% , 60 30 60 JUDO 2 2026 40,000 to 79,999 20% 60 20 45 Zoning Bq%rd of Appeals 20,000 to I 39,999 20% 429 40 15 35 50 40,000 7 Less than 20,000 20% 80 4�9 35 15 25 35 G. r I 5. Section 100-12 (F.xceptiori�) is hereby deleted in its entirety. , ; Eastem ; �e , ; ; ; i 6. Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its, entirety: qA- eived 0 21026 aFe remplied with. Zoning Board of Appeals $ quiFements fGF single family dwellings as 69t + r rr1111 j A." Isks she-;w GR subdivision maps that have been grwted T� �! r I V- 04. May 20, 1983. � nn�,983- � i 8 A41 �T7 / / May 2B,983- BGaFd has held a TAT i l�l afteFMay , 7. Section 100-281 A (7) (Builging permits) is hereby deleted in its entirety: (7) l7P� o d ----hip ef the eptiFe-leto JUN 0 2 205 8. Bulk Schedule AA is hereb added to read as follows: Zoning Board of Appeals Bilk Schedule AA Lot ize Width Depth A. Prior to April 9. 1957 any a_,y B. Between April 9. 1957 and 20 0 100 150 December 1, 1971 C. Between December 2. 1971 40. 00 135 175 and June 30. 1983 i H. This Local Law shall take effec# upon filing with the Secretary of State. Underline represents additions; Strikethrough represents deletions. 5 Jud th T. Terry Sou Id Town Clerk Julie 14, 1995 I COUNTY OF SUFFOLK RECEIVED JUN Southold Town Clerk ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONEs, A.I.C.P. DIRECTOR OF PLANNING June 6, 1995 Received Ms. Judith Terry, Clerk Town of Southold Main Road JUN 0 217026 Southold,NY 11971 j I Zoning Board of Appeals Applicant: Town of Southold Zoning Acton: Amendments to Sections 100-12,24,25, 26,32& 244 of the Zoning Code S.C.P.D.File 1'}10.: SD-95-2A I I I Pursuant to the requirements of Sections A 14-14 to,23 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter community impact(s). A decision of local determination should not be construed as either an approval or disapproval. I I I i Very truly yours, j Stephen M. Jones I Director of Planning i I S/s Gerald G.Newman Chief Planner GGN:mb i I i i I 220 RABRO DRIVE ■ P.O.BOX 6100 O I HAUPPAUGE.LONG ISLAND.NY 1 17884)099 ■ (516)883-5192 I FAX(316)883 4oaa I I I o��S�fFOj�cOG PLANNING BOARD MEMBERS y� Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. P.O. Box 1179 • 'F Southold, New York 11971 Bennett Orlowski,Jr. Mark S.McDonald 1 Q� (516 765 3136 O,� .�� Fax ) Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 6, 1995 RECEIVED Judith T. 'Terry, Town Clerk -JUN b 199S Southold Town Hall Received Southold, New York 11971 i _1110 ld Town Clerk RE: Local Law in Relation to Lot Creation and Merger JUN 02 7026 Dear Mrs. Terry: Zoning Board 01 Appeals The Planning Board has reviewed he proposed legislation pertaining to Lot Creation and Merger and finds tha it is in support of the legislation as it is written. i i However, the Planning Board also O uggests the following changes that it feels should be made to the proposol before it is adopted. i 2. Section 100-25 (Merger) ti B. In regard to common ownershi , the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that, from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review tD the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost of time and money by the applicants and the Town. Additional changes that should be 6de to the Town Code if the proposed legislation is adopted: —� i 100-281(7) Building Permits This section conflicts with the proposed legislation and should be eliminated. I ' Sin erely, Richard G. Ward 9Nf Chairman i cc. Zoning Board of Appeals Laury- Dowd O`�gUFFOC�-�o JUDITH T.TERRY Town Hall,53095 Main Road TOWN CLERK e�i� 2 P.O.Box 1179 $outhold,New York 11971 REGISTRAR OF VITAL STATISTICS �` Fax(516) 6-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�ol �aO! Telephone(5166765-800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD b� ReceivedD June 1, 1995 ' JUN 0 2 205 Zoning Board of. Appeals Southold Town Planning Board Southold Town Hall Southold, New York .11971 Gentlemen: r i Transmitted herewith is a proposed Local Law entitled, "A Local Law in Relation to Lot Creation and erger". Please prepare an offic al report defining, the Planning Board's recommendations with relation t this proposed Local Law and forward same to me. Thank you. ! Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: Board of Appeals ' i i I i i i i ., Town Hall. 53095 Main Road JiTOWN CLERK v r r+ P.O. Box 1'179 cf? Southold. New York 11971 REGISTRAR OF VITAL STATISTICS v' ® Fax (516) 765-1823 MARRIAGE OFFICER �ij" ��i�' Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD d C(I Pursuant to Sections 1323 and 1331 of the Suffolk County Charter the Town Board of the Town of Southold .hereby r4fers the following proposed zoning actin to the Suffolk County Department.of Planning: seCeive New Zoning Ordin'nce 026 .X Amendment"of 'Zd'ning Code Amendment of. Zoning Map (Change of Zone) Zoning guard Of ApPea►s Location of affected land: Entirel Town of Southold I Suffolk County Tax Map No.: . . . j Within 500 feet of: X The boundary- of any. village or town X ' The boundary of �ny existing or proposed county, state or federal park. X The right-of-way �f any existing or proposed county or state parkway, thruway, expressvOay, road or highway. X The existing or p oposed right-of-way of any stream or drainage channel owned by the Cou�ty or for which the County has established channel lines. X The existing or fo�oposed boundary. of any other county, state or federally owned lad. X The Long 'Island Slound; any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power pla 't.. X Airport COMMENTS: Local Law in Relatioo,..to Lot Creation• and Merger attached hereto. } ti I Date: June 1, 1995 Judith T. T rry Southold Town Clerk o�osufI:O4�o JUDITH T.TER.SY TOWN CLERK x Town Hall,53W5 Main Road P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER Fax(511823 RECORDS MANAGEMENT OFFICER y�0' �aO�� Tel phone 516�6 800 FREEDOM OF INFORMATION OFFICER OFFIC4 OF THE TOWN CLERK 4 TOWN OF SOUTHOLD. C THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGU� MAY 3 R MEETING HELD ON M0 1995-. ++ flecelved WHEREAS, there was presented to th� Town Board of the Town of Souttnim OcnZ026 UlT the 30th day of May, 1995, the revision of a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger" now, therefore,. be it Zoning Board of Appeals RESOLVED that the Town Clerk be a she hereby is authorized and directed to transmit this Local Law to the Sout old Town Board and the Suffolk County Department of Planning, all in accord nce with the Southold Town Code and the Suffolk County Charter. This Local w reads as follows: LOCAL LA NO. - 1995 A Local Law in Relatio to Lot Creation and Merger BE IT ENACTED, by the Town Boa�d of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Cjde of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creati�n) is hereby adopted to read as follows: A. A lot created by deed or town approval shall be recognized by the Town if ank one of the foilowing standards apply and if the lots have not merged: I The identical lot s created by deed recorded in the Suffolk Coun Clerk's ice on or before June 30 1983 and the lot conformed to the inimum lot r uirement s set forth in Bulk Schedule AA as the date of lot creation. 21 The lot in auestioV was approved by the Southold Town Planning Board. i r 21 The lots in gue ion is/are shown on a subdivision map approved by the Southold T wn Board prior to June 30, 1983. 1 4� The lot(s) in question is/are aWroved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the Town pursuant to the above section shall not receive any buildinq permits or other development entitlements. C. All lots are subiect to the merger provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: �'y�� �A A. Merger. A nonconforrihing lot shall merge with an ad'acent conforming or nonconformino lot vkch has been held in common b r the first lot at an time after Jul 1 1983. An ad'acent to whi a ch abuts with the carcel f r a common course of 50 feet or mor i -Z026 tance. Nonconforming lots shall merge until the total lot siz n o s to the current bulk sc,t!eduie requirements. Zoning Board of Appea►s B. Definitions. Common 'ownership shall mean that the parcel is held b the same person in thi same percentage of ownership as an adjoining parcel. .. C. Exceptions. _Lots whi are recognized under Sec. 100-24 and meet any of the following tegories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this law: 1) The nonconforming lot has a minimum size of 40.000 square feet. or j 21 The nonconforming lot obtained a lot size variance from the Zoning Board, or i i 3) The noncoryformiMa lot has been held in single and separate ownership from J 1y 1.1983 to date. D. Proof of Merger. The Town may require a person seeking determin- ation of merger to grovide ahv or all of the following documents for evaluation: 1 Proof of the date ' en the lot was created and the size of the lot together with a ov of a legal description of the parcel, all to the satisfaction of tAl Town,• 2} A copy of the cuTent tax map and survey of the lot: 3� A copy of the on inal survey of the lot I 4) A title search.showing single and separate ownershi of/ prop- e[ly from July 1. 1083 to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance: 51 Other additional information or documentation as may be deemed necessary. E. Effect of Merger. No biilding permit or other development entitlement will be issued bv the T wn until this section has been complied with. The Building De artm nt will issue a written determination whether a property fails within an,exemption to the merger provision. x 3. Section 100-26 (Waiver of MMerger) is hereby adopted to read as follows: �vz� ' A. If a lot has merged, th Zoning Board of Appeals may waiver the ed merger and recognize he on final lot lines upon public he upon a findin tg hat: ! ,fUN 02 2026 1 the waiver will not result in a significant increase in the dens' of the nei hborhood Zoning Board of Appeals 2 the waiver would rLwanize a lot that is consistent with the size of lots in that nei hb rhood: 3) the waiver will av id economic hardship.. 4. Section 100-244 (Setback for Nonconforming Lots) is hereby amended to read as follows: A. This subsection is inter ded to provide minimum standards for granting of a building permit fa lots which are recognized by the Town under 100-24. are made non nforming and have not merged pursuant to 100-25 this; AainIA B. , Law. Such lot shall be ' required to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage Wift PGPt# A) A) (feet) (feet) 120,000 to 199.999 10% 75 30 60 85 00 000 to 119,999 10% 75 30 60 85 i 80.000 to 99,999 1 5o/1, i 60 NO 60 85 ► 40.000 to 79,999 20% 60 M 45 Y5 ► 20,000 to 39,999 20%. 420 4146 40 15 35 50 44;888 Received Less than 20,000 20% 80 35 15 25 J 0 2 2026 Zoning Board of Appeals I 6. a J and area aqw-r-ed at the time #;e Fnap was 5. Section 100-12 (Exceptio s) is hereby deleted in its entirety. At let aFea asd let width iimmepft ef let vvidthB appliGab! said lets shall he as A-�emmm and desi aid , , ; HaObeF Lights SeGtieR f Estates, 1 1 1 1 1 Uh , 1 SeGtiGR 1 PeGGRiG I 1 1 1 Oaks;Bay f GFient by the ) SeGties ] GleaYes Peont 1 SeGtieR W. 6. Section 100-32 (Bulk, areal and parking regulations) is hereby deleted in its entirety. i LA sec full, as we" a6 to th Ak and pa qiF;q ed }o A-- 2026 02 of APPea\6 1 9- 83. i . G 1 I i i } May29, 198 Q- May 20,,-4 983 R4 �p3� "50 29 ,9v seCeived afteF May 20JUN 0 2 2�26. 7. Bulk Schedule AA is here added to read as follows: Zoning guard °t gppeale Bulk Schedule AA Loi Size wldth Depth A. Prior to April 9 1957 anv any B. Between April 9. 1957 and 2 00 100 150 December 1. 1971 C. Between December 2. 1971 40 000 135 175 and June 30. 1983 i II. This Local Law shall take effe� upon filing with the Secretary of State. i * Underline represents additios. ** Strikethrough represents de etions. i i Ju th T. Terry South Id Town Clerk y 31, 1995 i i i 14-16.4(2/87)—Text/2 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For.UNLISTED ACTIONS Only PART [--.;.PROJECT INFORMATION (To be comp) ted by Applicant or Project sponsor) 1. APPLICANT/SPONSOR' 2A Pe&%T► Amy in Relation to Lot Creation.and T9M OF SOUTHOLD Merger 3. PROJECT LOCATION: i Municipality yyn of Southold county Suffolk 4. PRECISE LOCATION(Street address and road.intsrsecti�ns,prominent landmarks,etc.,or provide map) Received �.. Entire Town of. Southold .. JUN 0 2 5. IS PROPOSED ACTION: Zoning Board of Appeals ❑New ❑Expansion Modification/ilteration 6. DESCRIBE PROJECT BRIEFLY: Amends Chapter 100 (Zoning) of the Code of the Town of Southold providing that a lot created by deed or town approval shall be recognized by the Town If certain standards apply and if t e 'lots have not merged. 7. AMOUNT OF LAND AFFECTED: pp Initially (e� Ultlmatel acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZO 4ING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJE I ? ❑Residential ❑Industrial ❑CommergW ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: I N/A i 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR NDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? . ❑Yes No If yes,list agency(s)andl permitlapprovals _ 11. DOES ANY.ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes,list agency name and permitlapproval I ' 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFO Ti N PROV DED AROVA IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: Date: MA)4 _ , 1995_ Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this.,assessment OVER OApT "!—ENVIRONMENTAL AS!"—,S,MEN-I (7o be completed by Agency) A. DOrE'S ACTION' EXCEED ANY TYPE: ,rt95S`CLD 14 6 NYCRR,PART 617.12? If yes,coor....iate the review process and use the.FU.LL.EAR U Yes o e. V/IL_ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declafetlon may be superseded by another Involved agency. t El � Yes ko C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be hsndwritten,if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste.Crodtictlon or disposal, potential for erosion,drainage or flooding problems?Explain briefly: NO C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?txDlain brlafly, NO C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: NO C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or otter natural resources?Explain bdefly, NO Received , IT C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly ,UN .-O-2 C� cr NO Board of Appeals al C6. Long term,short term,cumulative,or other effects not Identified In C1-05?Explain briefly. Zoning. NO C7. Other Impacts(including changes In use of either quantity or type of energy)?Explain briefly. NO f i D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'' ❑Yes ( No If Yes,explain briefly PART I11--DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS. For each adverse effect Identified above,determine whether It is substantial,large,important or otherwise tlgnlflcapt. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of ocaurritlg;;(C) ddiallon;(d) irreversibility;(a)geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting tnater(als.Eastue that explanations contain sufficient detail to show that all relevant adverse Impacts have been identified and adequately addressed. ❑ Check this box If you have identified one or more.potentially large or significant adverse frrrpacta:vrhleh::il�v occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box If you have determined, based on the information and.analysis above ao:any Siti-Wrting documentation, that the proposed action WILL NOT result in-any significant adverse envirib"niber ta7:iryfpacts. AND provide on aMachments as necessary, the reasons supporting this determination; Southold Town Board .. Name of le-W Agency i Thomaywickham h Supervisor Print or Type Nam o Responsible icer Agency Tit a of Responsible O icer tt Signature otReSpOnSible Officer in Lead Agency Signature of Preparer(if diffor"t.from tesponii le officer) May 30, 1995 Date 2 .—�..•.-..- -n—.,.--•-...... -...�,..,..-..-�o-a.R.r.uec+•:w,�wr,.r#.Arle:'.r''.xe+n,!Rav,.y.:n.Xxvtis.+*�v�%.>..y- r..,r.: f DRAFT 4126/95 Local Law No. 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town BoaCd of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Cdde of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: �� Received (; A. A lot created by deed or town approval shall be recognized by the Town if any one of the following standards apply and if the 19t i hmw.026 not merged: Zonin Board of Appeals I The identical lot. as created b deed recorded in the Suffolk County Clerk's Of ice on or before June 30 1983 and the lot conformed to the ninimum lot re uirement s set forth in Bulk Schedule AA as o the date of lot creation. 2� The lot in guestio was approved by the Southold Town Planning Board. �- i 3) The lots in auestion is/are shown on a subdivision ma a proved by the Southold T wn Board prior to June 30 1983. 4Z The lots in ues ion islare approved and/or recognized by formal action of the Board of Appeals prior to June 30 1983. B. All lots which are not ilecognized by the Town pursuant to the above section shall not recei a any building ermits or other development entitlements. C. All lots are subject to he merger provisions of 100-25. 2. Section 100-25 (Merger) i6 hereby adopted to read as follows: i A. Merger. A nonconfonnina lot shall merge with an adiacent conformin or nonconforming lot which has at any time been held in common ownership as the first lot. An adiacent lot is one which abuts with the barcel for a common course of 50 feet or more in distance. Nonconforminglots �Ireguirements. all mere until the total'lot size conforms to the current bulk schedul i I t I i B. Definitions. Common ©wnership shall mean that the parcel is held by the same person in thi same percentage of ownership as an adioining Pa l. C. Exceptions. Lots whic are recognized under Sec. 100-2R"WY�d �lY� any of the followin ca:e-ciories shall be exem t from the merger rovision set forth abo te and shall not be deemed merged b U 0 2 2026 operation of this law: zoning Board of Appeals 1) The nonconforming lot has a minimum size of 40,000 square feet. or 2) The nonconformin( lot obtained a lot size variance from the Zoning Board, orT i 3, The nonconformir a lot has been held in single and separate ownership from J ly 1 1983 to date. D. Proof of Merger. The rown may require a person,seeking determin- ation of merger to iprOde any or all of the followipb documents for evaluation: i 1) Proof gj the date vhen the lot was created and the size of the lot to ether with a co ov of a le al description of the parcel, all to the satisfaction of the Town-, 2) A copy of the current tax map and survey of the lot: A copy of the orig inal survey of the lot-, A title search sho ina single and separate ownership of the prop- erty from JuIv 1 1983 to the present time prepared by a Suffolk County title insurance company indemnifying the Town of Southold with 2 000 of insurance-, 5� Other additional i formation or documentation as may be deemed necessary. E. Effect of Merger. No :)uilding permit or other development entitlement will be issued by the own until this section has been com lied with. The Building Depart ent will issue a written determination whether a Property falls within an exemption to the merger provision. i 3. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: i peCeived v41D 2 zm A. This subsection is intended to provide minimum stand rgs gftnting of a building permit for�lots which are reco M e Town under 100-24, are made nonconforming and have not merged pursuant to 100-25 or Gonto B. rahanges of title 1.9 d by shall be GeFtifie i a a rempany Fe@u!aF!y deing suGh and ensuFe t8tie ' eFty in Suffolk GOURty and shall Gent PeFty the date Of aRy pFeviewsly applicable Zoning Law. Such lot shall be re ui d to meet the following: I Yard Area Lot Front Side Both Sides Rear (sq.ft.) Coverage %PAdth (ft.) (ft.) (feet) (feet) 120,000 to 199,999 1000 ' 75 30 60 85 I OQ,000 to 119,999 10% 75 30 60 85 80,000 to 99.999 150/6 60 30 60 85 I 40,000 to 79.999 20% I 60 20 45 75 20,000 to 39,999 20% QQ 40 15 35 50 40,000 Less than 20,000 20% so 35 15 25 35 I i I i I I PlanniRg BeaFd of the'Town of Southold.and filed with the GouRty lor.ated OR a subdivision plat, approved 9, 1957, by the JI JUN 0 2026 3. Section 100-12 (Exceptions) is hereby deleted in its entire%ning Board of Appeals All of the lots OR the- subd4vi hall be exrepted ftom the , Vj Southold Shomg, Sunn� ShGFesj Meese Govej Nassau Point; Dee PaFk; Village ; AN"- Edgemem PaFkj Willow TeFFaGe; Homes, 88GtiGF; Estates A jaGksens, Landing Bennett , , , , Point, 4. Section 100-32 (Bulk, are and parking regulations) is hereby deleted in its entirety: No building eF PF9FR'--- be used and Re buildiRg eF paFt thereof shall 23, !97-1, and- the-r49-aft-eF, with aR arp-a of less than forty are-semplied YAth. i ed ��3 JUI� 0 2 2026 � on Fnaps upon f Appeals May2A, 1983, . AM lets shem— —;RG_F subdivision rnaps have been May 20, 1983. May n 1983 I B All lets sheem— en --nor subd;vislon Fnaps whorah have been nto this GhapteF shall apply to the fo!!Gm4ng le May 20,-1983: 2$, 1 983. i i . i - i bulk Schedule AA Lo !Size Width Depth Prior to April 9. 1957y any Iny B. Between April 9. 1957 and 20 00 100 jAeCewed, December 1. 1971 I ; C. Between December 2. 1971 40,�00 175 175 SUN 0 2 2026 and June 30, 1983 Zoning Board 01 Appeals II. This Local Law shall take effect upon filing with the Secretary of State. t i . i i * Underline represents additions. *" Strikethrough represents_deletions, J i i i r ` �QgpFF014-co PLANNING BOARD MEMBERS Richard G.Ward, Chairman co z Town Hall,53095 Main Road George Ritchie Latham,Jr. P.O. Box 1179 Bennett Orlowski,Jr. Southold,New York 11971 Mark S.McDonald �,` ���! Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1.938 PLANNING BOARD OFFICE Rer,eNed TOWN OF SOUTHOLD . JUN -0 2 �026 RECEIVED 9 Board o1 Appea'r APR i t W95 fi April 11, 1995 Southold Town Clerk \11' Judith T. Terry, Town Clerk Southold Town Hall Southold, New York 11971 RE: Local Law in Relation to Lot Creation and Merger i Dear Mrs. Terry: The Planning Board has reviewed the proposed legislation pertaining to Lot Creation and Merger and finds than it is in support of the legislation as it is written. i i However, the Planning Board also suggests minor additions and word changes that it feels should be male to the proposal before it is adopted. These have been sent to the Townl Attorney under separate cover. A copy is enclosed for your convenience. i Sincere] , Richard G. Ward ors Chairman enc. cc: Zoning Board of Appeals Building Department i i i �OgUFFO(,�co PLANNING BOARD MEMBERS a,ZO Gy .mac Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. 0. P.O. Box 1179 Bennett Orlowski,Jr. ,y �� Southold,New York 11971 Mark S. McDonald O( ��� Fax(516)765-3136 Kenneth L.Edwards Telephone(516)765-1938 PLANNI G BOARD OFFICE TOWN OF SOUTHOLD �Ved ReCe TO: Laury Dowd, Town Attorney ,UN o_2 2026 FROM: Richard G. Ward, Chairr an Board of Appeals Zoning RE: Proposed Local Law in R�Iation to Lot Creation and Merger DATE: April 11, 1995 The Planning Board has reviewed 1he proposed legislation pertaining to Lot Creation and Merger and finds tha it is in support of the legislation. However, there are some minor additions and word changes that, we think should be made to clarify the irate t and the procedures as we understand it. The suggested changes are list below by section number. 1. Section 100-24 (Lot Creation) A. Perhaps the word "legally" should be eliminated from this section. The intent of this section is to clarify those situations where the Town recognizes the creation of a lot, not whether the lot was created in a legal manner. A M The draft legislation uses minimum lot area as the standard which must be met in determining w ether or not lots are merged. This standard would allow the Towo to recognize lots which did not conform to all the minimum re uirements (width, depth, front yard, etc. ) at 'the time they were created. To be consistent, the other minimum requirements should 3e included in the standards to determine whether or not lots are merged.. The minimum requirements for each time period should b added to the text of Subsection A(1a, b and c), perhaps in a table ormat. A(1c)This section sets standards for some but not,all of the Zoning Districts in existence during the December 1, 1971 to June 30, 1983 time period: It does not include the Business Districts, "B" and "B-1'r. To be consistent, all Zoning Districts should be included in this section. I I A(3) An exact date (June 30, 1983) is specified in other sections of the draft legislation. This same date should be used in Sections (A 2 and 3). This sentence should further efine a map as a subdivision 'map so as not to give the impression tha this section. applies to zoning and other maps. { 1 Lot Creation and Merger Page 2 April 11, 1995 B. The word "legally" should be leliminated from this section.. The Board suggests that this sentence be amended as follows: No building permits or other evelopment entitlements will d by the Town on lots which were not created pursuant to Awr ��D section. 2. Section 100-25 � ,1UN p 2 Z026 (Merger) Board Of Appeals A. The meaning of this section P not clear to us for situation in9 involving a conforming lot an one or more non-conforming lots. Perhaps the meaning should be clarified so that it .is clear that a non-conforming lot which do not meet any of .the categories in 2(C) Exceptions will be merged wit an adjacent conforming lot under the same ownership. i In addition, this section is n clear about how the lots will be merged. That is., if there are multiple lots in question, shall the lots be merged into one lot which may exceed the zoning ' requirements? Or, shall the kits be merged up to the point where a conforming lot is created? Finally, this section should rgquire that the merged lot (or lots) shall be recorded as such in he Town records and in the County Real Property records. B. In regard to common ownersh p, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that, from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review ,to the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost time and money by the applicants and the Town. The Board sees nc reason to take the review to this level of detail at this time. If nece sary, we can revisit this issue at some future date. i In addition, in order to clarify that common ownership pertains to Corporations, Trusts, and more than one person, perhaps the word "person" should be changed to "owners" or other similar nomenclature? C. The word "legally" should be eliminated for the same reasons mentioned .earlier. This sentence should be reworded to refer to lots created in accordance with Section 100-24. C(2) It must be clarified whether "a lot size variance" is just that, or ' whether this sentence refers the reader to the existing Code, Section .A106-53. This section is in regard to actions taken by the Board of Appeals between the period from January 1, 1971, and September 5, 1979. During this period, the Board of Appeals.made certain determinations involving area variances and/or the relocation of lot lines and/or the setoff of lot . A schedule of such determinations Lot Creation and Merger April 11, 1995 Page 3 was compiled, endorsed by this Chairman of the Planning Board and filed in the Town Clerk's office. This schedule is referred to as the "Grandfather List." If it is possible to separate the area variances from the other actions included. on the Grandfather List, then it is suggested that this be done, and the wording for this section remain as proposed. If it is not possible to separa a the area variances from the actions `tom included on the Grandfather Ust, then it is suggested that the proposal be clarified by refer ing to the actions included in Section A106-53 (The Grandfather List) in addition to the nonconformingA s which obtained a lot size vari nce from the Zoning Board of AppCe1ved It should be.noted that if it s not possible to separate the ,UN 0 2 �026 actions, there may be a few i ases where a nonconforming lot will be deemed merged, if it was created by a setoff approved by the Board of Appeals Planning Board during the 1 1-1979 time period, and a similarZ6611n9 will be deemed single and separate. if it was created by .a setoff approved by the Zoning. Boarp of Appeals during the same time period. j D. The "re" should be replaced with "in regard to." j D(4) A specific date (July 1983) #Irc,h. s specified in section CM 3) in regard to the single and separate s This date should be used in place of the 1983 date. ! E. A procedure will have to be Developed whereby the Building Department issues a written etermination whether a property falls within an exemption to the merger provision. It is suggested that the procedure be discussed at th s time, so that it will be in place when this draft legislation is adopt . The procedure must address such aspects as how-merger inqui s are directed to the Building Department, and how the wri ten determination will be recorded within the Town Departments Section 100-244 (Setbacks for Undersized Lots) 3(B) The column for the lot areas from 100,000 sq. ft. to 119,000 sq. ft. should be extended to be lot areas from 100,000 sq. ft. to 119,999 sq. ft. A new column should. be crewed for lot areas from 120,000 sq. ft. to 199,999 sq. ft. Perhaps average setbacks should be established in place of the table format? j 3(C) This section is proposed to cilarify the minimum requirements for cluster developments which d1 not have established front, side, and rear yard dimensions. Lots c eated in a cluster development are not considered nonconforming lot# unless a zone change took place after G Lot Creation and Merger April 11, 1995 Page 4 the development was approved. Since there are few, if any, cluster developments that have been (made nonconforming due to a zone. change, the Planning Board suggests that this section be eliminated from the proposed. legislation and that it be added at a later date to the Cluster Development section of the Code. ❑in D� Additional Changes that must be m_ �ade to the. Town Code if the propel l-ld 1Ved legislation is adopted. JUN 0 2 1. Section 100-32(A) 2026 should be existing im nated confl>Ict with the proposed legistation anZ Wing Board of Appeals i2. Section 100-32(B.C and D) These sections should be rev#ewed for potential conflicts with the proposed legislation. I i i i i I I I I I I I I f I I I I I i I I I i j COUNtY OF SUFFOLK REC ivw MAR 8 1995 Southold Town aerk R6BERT J. GAFFNEY SUFF6LK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING r eCeived March 6, 1995 JUN 0 2 Ms. Judith Terry,Town Clerk Board of A_ eats Zoning Town of Southold Main Road Southold;NY 11971 Appli4ant: Town of Southold i Zoning Acton: Amendment to Sections 100-12,24,25 and 244 of the Zoning Code. S.C.P.D. File�o.: SD-95-2 i Pursuant to the requirements of S tions A 14-14 to 23 of the Suffolk County Administrative Code,the above referen d application which has been submitted to the Suffolk County Planning Commission is consid red to be a matter for local determination as there is no apparent significant county-wide or miter-community community impact(s). A decision of local determination should not be construed a-either an approval or disapproval. i Very truly yours, i Stephen M. Jones I Director of Planning I S/s Gerald G.Newman i Chief Planner i GGN:mb i 220 RABRO DRIVE ■ P.O.BOX 6100 ■ HAUPPAUGE. LONG ISLAND.NY I I7SB-0099 ■ (5161 853-5192 i FAX(516) 653-4044 i I JUDITH T.TERRY Town Hall,53095 Main Road TOWN CLERK cn P.O.Box 1179 0' "' Southold,New York 11971 REGISTRAR OF VdAL STATISTICS ® 140 Fax(516)765-1823 MARRIAGE OFFICER ��� 1 a4�'� Telephone(5I6)765-1800 RE�ORD9'MANAGEMENT"OFFICER `�► , FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 1 O� F(eeewed February 24, 1995 V� 2026 rd 01 Appeals ZOning goa Southold Town Planning Board Southold Town Hall Southold, New York 11971 I i Gentlemen: Transmitted herewith is proposed Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Please prepare an official report defining the Planning Board's recommendations with regard t this proposed Local Law and forward same to me. Thank you. i Very truly yours, Judith T. Terry G Southold Town Clerk i Attachment i I I I i I i i i i I i i i JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 117 9 Southold, New York 11971 REGISTRAR OF VrTAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER .j/�1 ��� Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER i OFFICE iOF THE TOWN CLERK k TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold 'herebyfers the following proposed zoning action to the Suffolk County Department of Pla ning: seCeived New Zoning Ordi tng nce X Amendment of ZoCode aUN Q 2 �26 Amendment of Zoning Map (Change of Zone) Zoning gGard of Appeals Location of affected land,: En#ire Town of Southold Suffolk County Tax Map No.: j T Within 500 feet of: i i X The boundary of any. village or town -� The boundary of any existing or proposed county, state or federal. park. X The right-of-way bf any existing or proposed county or state parkway, thruway, expressway, road or highway. X. _ The existing or p posed right-of-way of any stream or drainage channel owned by the County'or for which the County has established channel lines. X The existing or proposed boundary- of any other county, state or federally owned laInd. X The Long Island Sound, any bay in Suffolk County or estuary of any of ...the foregoing bodes of water. Or within one mile of: _ Nuclear power plaht.. X Airport COMMENTS: Proposed Local Law entitled, "A Local Law in Relation to Lot Creation. and Merger" is attached hereto. } Date: February 24, 1995 I Judith T erry i Southold Town Clerk Ir0 JUDITH T.TERRY o Town Hall,53095 Main Road TOWN CLERK y � P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICSPax(516)G 1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER P , y�O Tele hone(b166 766 1800 I �► FREEDOM OF INFORMATION OFFICER ReCeived OFFIC� OF THE TOWN CLERK JUN 0 �A TpWN OF SOUTHOLD Zoning Board of Appals THIS IS TO CERTIFY THAT THE FOL OWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGUAR MEETING HELD ON FEBRUARY 23, 1995: WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 23rd day of February, 1995, z Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; now,- therefore, be it RESOLVED that the Town . Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planni g, all in accordance with the Southold Town Code and the Suffolk County Charter. I This Local Law reads as- follows: LOCAL LkW NO. - 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board o the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code f the Town of Southold is hereby amended as follows: i I 1. Section 100-24 (Lot Creation) i� hereby adopted to read as follows: A. A lot created by deed or town a roval shall be deemed to be legally created if any one of the following standards apply and if the lots have not merged: 1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30 1983 and the lot conforms to the followirig minimum lot area requirement(s) when created: (a) Prior to April 9 19 7: any size ( Between April 9 1957 and December 1 1971, 20,000 s . ft. (c) •Between Decemb 1 1971 and June 30 1983: i A Residential Zone: 40.000 sq. ft. M Light Multiple Residence: 40.000 sq. ft. M-1 Multiple Residence Zone: 80.000 sq. ft. C Light Industrial Zone: 40.000 sq. ft. C-1 Heavy Industrial Zone: 200,000 sg. ft. 21i The lot in question waste approved by the Southold Town Planning Board. 21 The lot(s) in question is/are shown on a map approved by the Southold Town Board prior to 1983. c11 _ V The lots in question i area roved and/or recognized by formal CH action action of the Board of Ppeals prior to 1983. ReCeived B. All lots which were not legally created pursuant to the above section . shall not receive any building permits. ,UN 0 2 W6 C. AII_@ots shall be subiect to the merger provisions of 100 25. Zoning Board of Appeals 2. Section 100-25 (Merger) is herby adopted to read as follows: A. Merger. Nonconforming rcels of Property shall be merged if the have at any time been held in common ownership with another parcel which abuts for a common bourse of 50 feet or more in distance. The zoning bulk schedule requirements for the combined (larger) area shall apply. ' B. Definitions. Common ownOrship shall mean that the parcel is held b the same person in the sa a ercentage of ownership as an adjoining parcel. C. Exceptions. Legally-created lots which meet any of the following cate- gories shall be exempt foo the Merger provision set forth above and shall not be deemed mergeo by operation of this law. 11 The nonconforming lot has a minimum size of 40.000 square feet. or 2Z The nonconforming lot Obtained a lot size variance from the Zoning Board, or The nonconforming lot lias been held in single and separate ownership from July 19 33 to date. D. Proof re'Merger. The Townimay require a person seeking determin- ation of merger to provide a y or all of the following documents for evaluation: i 1� Proof of the date when the lot was created and the size of the lot . together with a copy.of.a legal description of the parcel all to the satisfaction of the Town-, 2� A copy of the current tax map and survey of the lot-, 3) A copy of.the original survey of the lot; {D� 4) A title search showing dingle and separate ownership of the prop- erty from 1983 to the ptjesent time prepared by a Suffolk County title insurance companyy indemnifying the Town of Southold wilh insurance of$25,000, heceivecl 5� Other additional information or documentation as may be deeme4P 0 2 7026 necessary. Zoning Board of Appeals E. Effect of Merger. No buildihg permit or other development entitlement will be issued by the Town until this chapter has been complied with. The Building Department Qill issue a written determination whether a property falls within an exeinption to the merger provision. 3. Section 100-244 (Setbacks for (Indersized Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for legally created lots which are made noncon- forming and have not mergod pursuant to 100-25 _- B. GhaRger-, of title tG 6aid let; AiGh abstFaGt shall be iF; the usual orchid at the effeGtive date ef this Min-le and Pet Law. Such lot shall be re uired to meet the followin : i i Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage Width (ft.) (ft.) (feet) (feet) 100,000 to 119,000 10% 75 30 60 85 80,000 to 99,999 15% 60 30 60 85 40,000 to `I 79,999 20% . 60 20 45 75 20,000 to — e (l7� 39,999 20% 4-2-9 44-9 40 15 35 seCe1�0 49;888 i � JIJN fl 2 2026 . Less than 20,000 20% 89 ,.. 449 _35 :::.y 5- 25 eal` i ts ofi._aPp Zoning Boa C. 4a-4h i , by thq Izlaga ' erigi If a cluster map was approved by the Planni iq Board of the Town of Southold and filed with the County Clerk of S olk County after April 9 1957 and shows front side and rear yard dir iensions, those dimensions shall control over the ones set forth abov a. 3. . Section '100-12 (Exceptions) is hereby deleted in its entirety. All ef the lots en the foll­A­ ^t lb let widths applirable to said lots shall be as she;AAm apd designated OR said- s+ iAxisi Sestiea-! ; ; FeFdhaam AGF96, 89GtiOR 11, SWARg Homes, ; WHIOW PqiRtj , SeGtiOR I; ; r , , Point; PaFadise 14aFbGF Lights , r Vonn�cGe e �-crrr , , , PeGeniG Shams, 66y Oaks; r QFieRt , tiGR , Cleaver. ' . I i I H. This Local Law shall take effect upon filing with the Secretary of State. Underline represents additions ** Strikethrbugh represents deletions. �t lJ"1 Re�eiVed JUN. p 2 �.026 Zoning Board of Appeals IFeEtuary th T. Terry Id Town Clerk 24, 1995 i i i I I I I I ( I I I i O��S11FF0(A,�oG JUDITH T.TERRY o Town Hall,53095 Main Road TOWN CLERK COD P.O.Bog 1179 REGISTRAR OF VITAL STATISTICS Oy Southold,New York 11971Fag(516)765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��l �a0 Telephone(b16)76b-1800 FREEDOM OF INFORMATION OFFICER Ftecewe ' U 2 2026 �1 OFFICt OF THE TOWN CLERK TOWN OF SOUTHOLD Board 0t ApPea- ZoNng THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGU R MEETING HELD ON FEBRUARY 23, 1995: I i 'RESOLVED' that pursuant to A ticle 8 of the Environmental Conservation Law, State Environmental . Qualit Review Act, and 6NYCRR Part 617.10, and Chapter 44 of. the Code of the Town ,of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot Creation and Merger", which amends Chapter 100 (Zoning) of the Code of the Town- of. Southold. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment. Form has been submitted' and reviewed and the Town Board has concluded that no significant ' adverse effe t to the environment is likely to occur should the proposal be implement d as planned. I I udith T. Terry Southold Town Cler February 24, 1995 1 i - I I I I I I I 14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME TOWN OF 50UTHOLD A Local Law in Relation p. Lot Creation s 3. PROJECT LOCATION: Merger Municipality Town of Southold County SLffw 4. PRECISE LOCATION (Street address and road.intersections,prominent landmarks,etc.,or provide ma Entire Town.of Southold ea��. (� Board of App ' Zoning �� 1 - i 5. IS PROPOSED ACTION: ❑New ❑Expansion ®Modification/'Iteration 6. DESCRIBE PROJEC'BRIEFLY: A Local Law amending, Chapter 1100 (Zoning) of the Code of the Town of Southold. I , 7. AMOUNT OF LAND AFFECTED: ICI/A Initially acres Ultlmatei acres 8..WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJE T? ❑Residential ❑industrial ❑CommercMal ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: -N/A I 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FgNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?. ❑Yes IN No If yes,list agency(s)and;permttlapprovals i I i 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? � • ❑Yes N No if yes,list agency name and permit/approvai 12. AS A RESULT OF PROPOSED ACTION I L EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT HE INFORMA �V- uperviso VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Tho as Wick amr, Town of Southold Date: Feb. 23, 1995 Signature: + If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment I'orm before proceeding with this,assessment OVER i PART II--ENVIRONMENTAL,' 'SESSMENT (To be completed by Agency' A. DOES ACTION EXCEED ANY Tl'rc I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes 29 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes R9 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?,Explain briefly: NO C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: NO l C3. Vegetation or fauna,fish,shellfish or wildlife speciei,significant habitats,or threatened or end rflGGtpe"EFIdIaln briefly: �'1 No (�; p 2 2026 �� C4. A community's existing plans or goals as officially adbpted,or a change In use or intensity of use of lana or other natural resources?Explain briefly. N O Board of APP8a1s Zoning C5. Growth,subsequent development,or related activiti$s likely to be Induced by the proposed action?Explain briefly. NO i C6. Long term,short term,cumulative,or other effects of Identified in C1-05?Explain briefly. i NO C7. Other Impacts(including changes In use of either quantity or type of energy)?Explain briefly. NO D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY ELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes No If Yes,explain briefly ! PART III—DETERMINATION OF SIGNIFICANCE o be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether It Is substantial,large,Important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (t.e. urban or rural); (b) probability of occurring; (c) duration; (d). irreversibility;(a)geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that lall relevant adverse Impacts have been identified and-adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL, EAF and/or prepare a positive declaration. ❑ Check this box if you have determined based on the Information and analysis above and any supporting documentation, that the proposed actio WILL'NOT result in any significant adverse environmental Impacts AND provide attachments as necessa y, the reasons supporting this determination: Sout ld Town Board Name of Lead Agency I Thomas akham Print or TypejW of Responsi le O i er n=Agen Title of�Responsi e Officer Signat le uttjcer in Lead Agency 7 Signature of Preparer(If different from resp onsible e officer) Februar 23 1995 Date 2 t - . . o- DRAFT h eived 212/95 ReC Local Law No. 1995 JUN A Local Law in Relatimn to Lot Creation and Merger Appeals Zoning Board of BE IT ENACTED, by the Town Board pf the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Coded of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creations is hereby adopted to read as follows: A. A lot created by deed or town approval shall be deemed to be legally created if any one of the fallowing standards apply and if the lots have not merged: 1 The identical lot was treated by deed recorded in the Suffolk County Clerk's Office on or before June 30 1983 and the lot conforms to the folio ing_minimum lot area requirement(s)when created.,- (a) Prior to April 9, 1157; any size ,r'bj Between April 9, ti 957 and December 1, 1971, 20,000 sq. ft. fc) Between December 1, 1971 and June 30, 1983: A Residential Zone: 40 000 sq. ft. M Light Multiple Residence: 40,000 sq. ft. M-1 Multiple Residen a Zone: 80000 sq. ft. C Light Industrial Zons: 40,000 sq. ft. C-1 Heavy Industrial one: 200,000 sq. ft. 22 The lot in question wds approved by the Southold Town Planning Board. 3� The lots in question Ware shown on a map approved by the Southold Town Board1prior to 1983. i 41 The lots in question s/areapproved and/or recognized by formal action of the Board of Appeals prior to 1983. B. All lots which were not lea lly created pursuant to the above section shall not receive any build n ermits. C. All lots shall be subiect to the merger provisions of 100-25 2. Section 100-25 (Merger) is hereby adopted to read as follows: A. Merger. Nonconforminq ` arcels of property shall be merged if the have at any time been hdld in common ownership with ano I"d which abuts for a commoh course of 50 feet or more in distance. The zoning bulk schedule regbirements for the combined (larger) arils A1�026 apply. Board of Appeals Zoning B. Definitions. Common o ership shall mean that the parcel is held b the same person in the s me Dercentage of ownership as an ad'oinin parcel. I C. Exceptions. Legal l -crea ed lots which meet any of the following sate - ones shall'be exempt fo m the Merger provision set forth above and shall not be deemed mer ied by operation of this law: 1) The nonconforming lot has a minimum size of 40,000 square feet or — I The nonconforming lot obtained a lot size variance from the Zoning Board, or 3) The nonconforminq I it has been held in single and separate ownership from July 1983 to date. D. Proof re Merger. The Town may require a person seekin determin- ation of merger to orovide any or all of the following documents for evaluation: 1) Proof of the date when the lot was created and the size of the lot together with a copy if a legal description of the parcel, all to the satisfaction of the To 2� A copy of the current ax map and survey of the lot: 31 A copy of the original survey of the lot: A title search showin single and separate ownership of the prop- erty from 1983 to the bresent time prepared by a Suffolk Count title insurance coma indemnifying the Town of Southold with insurance of$25,000; 5) Other additional information or documentation as maybe deemed necessary. i 1 E. Effect of Merger. No building permit or other development entitlement will be issued by the Town until this chapter has been complied with The Building Department will issue a written determination whether a Property falls within an a emption to the merger provision. 3. Section 100-244 (Setbacks f&Undersized Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for-le6ally created lots which are made noncon- , forming and have not me M ed pursuant to 100-25 erg Owed AMP singly as ef the 9#eGtive date of this Ar-tiGle. JUN 0.ti 2026 B. oard of ApP e815 i ' 4 GhaRges of title to sa;d 1 l Ge Law. Such lot shall be required !o meet the following: Yard Area Lot I Front Side Both Sides Rear (sq. ft.) Coverage 3AfdtC (ft.) (ft.) (feet) (feet) 100,000 to 119,000 10% 75 30 60 85 80,000 to 99,999 15% 60 30 60 85 I 40,000 to 79,999 20% 60 20 45 75 i 20,000 to 39,999 20% 4-20 44G I 40 15 35 50 40,00 Less than 20,000 20% 88 ......35 -. -15 .. 25 35 - i i - C. , . If a cluster map was approved by the Plarining Board of the Town of Southold and filed-, with the,Counly Clerk of 8,uffolk County after April 9 1957 c/ 1 front side and rear yard imensions those dimensions shMWtrol D over the ones set forth ab ve. 3. Section 100-12 (Exceptions) i j hereby deleted in its entirety. ap-W'd q AP e { let widths aF ;aid 19�s shall be as she%n and desig. — en said subdivision ; , ; ; Resew ; SURset. 911s, Sertien W; ; PaFadise ; , ; PeGeni P944, geGties III. j II. This Local Law shall take effect up n filing with the Secretary of State. i I Underline represents additions. Strikethrough represents deletions i i i Received JUN' 0 2.2026 Zoning Board of Appear III � 1 TOWN OF SOUTHOLD i BUILDING DEPARTMENT 77� SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zo26 DATE: October 27,200 Board of APpea\s Zon�n9 TO: Maria Mingino (Brun) PO Box 511 Beliport,NY 11713 Please take notice that your application dated August 26,2025: To permit: waiver of merger at: i Location of property: 970 Salt Marsh Lane,Peconic,NY County Tax Map No. 1000_Section 68 Block 3 Lot 8_3 i Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the west(SCTM# 1000-68-3-8.4) pursuant to Article II Section 280-10,which states: "Merger. A nonconforminp,lot shall merize with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk'schedule requirements." Au orized Signature CC: file,Z.B.A. / q s� m7=7 4 Suffolk County Examiner's Certification of Title Title Number: ---------— Search Type: C&R Examiner: SANDY Certification Date: 11-18-2025 Premises: 970 SALT MARSH LANE, PECONIC Filed Map: DESC... 'Map# Filed: Block: Lot: District: 1000 Section: 068.00 Block: 03.00 Lot: 008.003 C&R-S, EASEMENTS AND AGREEMENTS 2620 CP 325 ELEC EASEMENT 3083 CP 566 ELEC EASEMENT(NOT MADE BY OUR OWNER) 11052 CP 115 OVERHEAD ELECTRIC EASEMENT NOTE SEE ROWS RECITED IN DEEDS HEREIN 12993 CP 760 LDOR RAN SEARCH FROM 5-1-1943 TO DATE CURRENT TM tJ� COUNT) v� CGOLM cou ISLAND SOUND .Q 12 2.5A 10 1.5A(c) g1//O• O �y 13 1.6A(c) G 82 8.3 6 84 7 3 5 ,p 9.OA rjD 4 '� PECONIC LAND TRUST 3 (TOWN OFSOUTHOLD I ,� 2 �� CONSERVATION EASEME" N 325,682 1 ' t9 __ _ _ oo ' as MATCH — ——— LINE o tcr� SEE SEC.NO.074 w � :. ¢�, e LONG UµO (7) Cb .,,MATCH , r LINE 325.662 35$6.},. ti 4 ,+t,�% t�C.+} r�I d a Q 0 1 4A '3 FOR PCC NO �rDp. .`((( >x rqj SOLnHc O NOW lod SEE SEC NO 35.5 + SbF, i, c \4e 4A 4` w ,� 068 03007 �2``�r `` "� `fOv' PARKr1. (c) 35.55 p 90 M z 1AA(c) '•� h ya pp %�s �� /, /gar w, •, \�\� •� `~`•tee \ ` �� ,F,�w r£ ?�p ' b `.kzf�' ' N/• a ' i��� f�,C. to'`.`\ �.,� f t'j `w �� ..� rgSs?,. �.�`�i '� 5`.d, '. - ,--°.�. -----_-gib 1��.. r � A~` poi / ce 4$•-� �Jc� al w z ra ( REFERENCE v� 1000-074.00 I 1981 TAX MAP / v ISLAND SOUND ol r �v J age;, oQ a � ar6. O• �, moo` Nl/ 3 Aso. 46' A ' �y \ 1 F s: r N 304,200 $ LINE sti 9Q SEE SEC. N0, 074 N � w i I j 1977 TAX MAP V ISLAND SOUND tip' tee° 0% r 51 °s. /j, ��\ i 38g, ♦y1 or Tao. � ti o ,3 "�� ((• ,�6 yo q/J 44 `FN // .• G a5a �y9 �.g 4ye, N 304,200 ao?rm�2 tp a �a MATCH LINE UN LE m ga a SEE SEC. NO- 074 ARE SCH01 FIRE, LIGHT PARK f i r..- ."�, ' ., ,-.. .:_ ....,. _,�-...., tx7.!S�'Fsr- "'•t � ^r, �fi+Z''r vc 1 9r t'}�,--r w '�nvan-n*rrr..^ ,., .. -�. .... ��n�ma.n•. 1000068000300008003 X CZ µ� Show search reswlr;fot 10000. . icu Nit }} i EO' ffi ter''P'CL'6 AC ,. .� \{�• 'a - ', ] !r( x yIn TOW" ^� sx�' ) 2 -t.5 {, 1/�,".j�•} �.'S,` i 3 r Via. .. �� O �/, ;7y�t}�(:, ��,i`6 t f ,Y•....tr x3t^,7.r. ,�7.r"'•^, " � v v'Pa "`C� wy�'� r� ' to."4 �yG�� ;: \g <3S 6 -� 4 Sf r i v t rP�t Y•rrVY10 �. 7 5 ++�£�''� j r{JxY* ��'kS� lry��Mh3f-� _ .a°�x�]r � rYC� '�� i} rN Nc+<:t� .Y! •''t+oY�` `. q3 E'r4 r •i'�r a 'r ti ?p t s,� yy 7itl u{ �:�� rW f �� 'M^'' 'a Food T I �, i ,� j,x...� 7�1, 'r rg t 7�r Jd•Mr+x,. '� �- ,fix d '..i• l � ;t� tv rn 7` u " r y F X. y cP 7�fyy n P .(� $•+ ~f'r®Rt�. 31 x yt`i�7..{+�^,t,t.,�dc{i..1,taF��y Gd4Cjy"ia�xf5''4F�r'r•';�{r,6z 1j r({.�FAtf7}J�;r!. t; .1' �T wit :::� ��-..'..i�I'r� oil! \$ S"sV t LDSpoo r iP ��P k 4+ - y„i<• .e'' S 1� a',L-I'�T' rx at'1N� :A"e"i vh-a 2 "". �"iip• � +, � y jx"..�.� 7�.,.,�{� kF�_ ie yk��r,:� ri. \>• LQ�y 7� 'fa�t�,"t'f" 9t e k+., � a� �, �1�•. �q'�y���7' YN1b�n F,{ , ./a *Z?.,..... {p'VipT S.4 _.'.r 'V •r Ai '. t,a, ^oar .I� ,b') {t k'-_L '. h �}�+rp,�» MAN .1 p y X" r'�� ���c,�•` "'�t�� r7 eys` �t], d] i AJt��1-n 4T, 6 r \ 4; s n Rom( u (4) 200Fc t ima 2620 PAU THIS AGREEMENT made.this day of '1946,: between NELSON AXIEN, re ldZng on NOAh oad�,e1.A✓ayD ,e) Stmial •Peoonlo, Suffolk County,, Nev York; party•of the.flrst�part, here inafter•rei to ,as.:the:,4Property Owner">j•:and the:-LONG ISLAND LIGHTING.CQNPANY,.a!New York oorpor- atloni:dttly:organized.and existing under,and by virtue�of-.the Late Of-the State OV-New York, having-an offilcelat 2e0.O1d Country. .: Oad,.•MlhOclaj'.Nassau County, New York, party of the second part, ' h9reinafter rOf.erred:to as the OLighting-0ompany:'. WHEREAS, the Property Owner herein is the owner.in.fee simple of.oertain private rdads,- private rights-of-way and tracts dt�i"aidd atuatA ---- at Peeonio; Toalu o!'86uthOld� •Suffolk-Oo�lnty,, NOW, THEREFORE, THIS AGRUMM.'WITNESSETHt That for and in consideration of the premises.and cov-enants herein contained, and of the sum of One Dollar (J1.00) by i- eaoh.party to the other in hand paid, the receipt of which is hereby acknowledged, -the parties hereto, for themselves, their r: ! respective successors and assigns, hereby agree as follower c;• is FIRSTi The Property Owner hereby grants unto the Lighting Company, its successors and assigns, the easement and right-of-way to construct, reconstruct, relocate, operate, repair, �, maintain and at its pleasure remove single lines of poles includ- 7 t� UK92620 MUM I ing so � many poles zand such orosa-arms, guys.-stub s. anchors, !I cables, wires, fixtures and*other apparatus on said poles as said ' Lighting CompanY=BY now and from time to time deem necessary for the malntenanoe of electric single pole distribution lines, and to construct, reounstruot, relocate, operate, repair, maintain, and:at:ite pleasures remove yndorground electric coudKlt sy6tems, together with the necessary man-holea and acoessorion for-.the .. maintenance of.underground.slectric oondult:ayatoms, in. an, under, over, throygh and along the following described.stripe of land and easements::- { All that certain istrlp,of land or 000ggem :tive• (6).:toot: is width, the center 31ne of 'which Is desoribo4 ae. follpl(s1.+; HEGIMU- G at a ppoint In the westerly boundary of the property of-the Xxoperty gwnor-herein being Oo..:,tkp,:,9a.�t_orxy boundary hi prapariy now or' formerly :of,,Qaj ` 'btdgt•.I .7 I feet.;8out�l9r�,y.from the:approxiuto.?sigh N IM' , " 4 a ' : eland:Bqund;aa.meaattroa:ip.aiooutherly dlreoti0iRion; Nestary bpuadary„eot the property•of the fr.4Pei!t . 'QMA9r. 9 .elni } rennin t2ienoe mn is course North 82 degr.e6o 49 is condo �aat for a dLstano6 of 352.30 feet to a..pp,igt�. ZIP � tbenoa;oA a.00urea..Nortt� 6. de reoa 60 mlhu �a wo qo net 7:. go for a,dietanoe of 'L'63.62�feet to a point; Turin 6 p i frig t ea e' an a ooursa North 81 degrees'22 minutes 00 seoonds East to a: point 'i eat distant w1st.erly .from the West orl boaadar .. '. itso ot:propery now or tarmerly of George MBLt230Mj.iR1Rn�g it�ORp� ; course Routh bl. detFepe'81 mlAutea OQ 9epgndP.,�ag`t.. b".a'poin in n6.northerly *6o=dary of land how or formerly`ot..;abti y' n and Salmon. .....S:.Q tl• :� t:s 2 - r , EMLIR260'2O ma327, SECOND: the Lighting Company, its:successore and es- signs, shall have the right to 'attach to the,eleotrig distrlbu- tioh lines erected or to'be erected upon saidsrightoLof-way'hers- iaabove.469oribod,:.other wires for the purpose. or•giviag�elov �' �• ' :'' tribal'•dbre:to consumers upon property ad`i'aaent to 'said des- scribed vio rights-of-way. } THIRDJ ..It is:underetood•ead.agraedf iha4"the Lighting." `•:� ' .O:gmpaAy.phaldrhave the-right to trim•from tima_to time any°trees:. i `•', along said'lines so that the lines and wires: thereon may be ..cleared by at.leaat forty-eight (48).inches..'on either.aided `� . :<;.,.. ,w':;is a�.:.�. e-:,C�C>+'e� '..:a:;.'...._ ....• .. FOURTH It It 1e understood and agreed.that lth6 Ilighting, a : daatpApY Ahell�hake.,thm right to attach to the-trees on said rights- .::to`w? oui.e'aid ro b�'t such vireo end sup orts as the said. i f;: .. .. p. p. t• guy pp ;Li tiing.Ooafpariy-aiey now end fr.oai tithe to time:deem necessary. ' �` ''!il ab.,1. .' bl:b ......::.1.111!i li.l:.i��.alll l•:�:Eti•7�1:i). .. THc .;:Th'e Property Owner herebr grants unto the. •Lighting botiipai its suooesdore and'assigaa;,the right to permit' t2ib;:Attabhmeiit of the aommuaication had•te2ephane earvice wires and4ilkailitits cf'other p>tiblio Util Stir.Admp lmbs olio t4'6on,061V6'' :auoh:other. aompeiii9e an interest'iu the Pighta grantAd'tiiider Ehie "`' agreement. SIXTH .The poles erected by the Lighting Company,shall be of standard--stock and not higher than the•Ldghting Camp*any may ` ;ifbV dd'fr6m time:t" -time deem necessary to praperlq operate-and. +.: .:' 0lniiitilin' ite'lrires, cables and fixtures, to provide space for telephone service wire. attaohments And to comply,.with such iaunio- 1pa .-tildibanobe as-may not w'and'froai timo.,t'ic.ClOIA t1g'ehA�ll� :`,;- dUfld of 4hott•Ii6tion shall be ih abbot&cae syoh'• At�d9f tg060'1r idtfdh i aslteey nbw'or h�i•battiui�:be. pzoa degwit$ r _f` ` 1' 1�1'�lftifflig'IIb�pa�ty •`,��....•. : .. �` ., ,.,_jam ' ;:, _r ..!•:".�� _ .,.•�..,.c.t' L; I SEVENTH: i` A.:Dole",-arose-drms gi>7rs,. anchors, cableef„.. �'. rdEhidlTlliA'�'hlatfdh6fda dnd'othe)'.. d Bttla'ae: t�o� time'{0"time �VHib6a41; r6donst 6tdd and maihtai>ied bq•LHa'Lig2ltiag' oafp8iiq, +, { ; 1thAl1 at g1l" ibiAe 9°gaQ remain the•prbpertXi and aubAeot,to_the !:• i ''b_bPt4'Pdl'df t�i9�Yilgfifing`dom�eny, or ats'Aitodeasors`ahfl'asdigne. r . 1141 himself his $ZOHTHt The Property Owner,. for +=*���,:+*- Successors ' i and assigns, will warrant and defend the gr=ts.and.'eee9ineate ,. ; i x :herein granted to. the said Lighting 06mpaW,. St A'tltioo6debrs 'and aseigna.,forbv.,er, against all lawful claims.andi demands.: . _,•; ', r,.....?. NINTH this grant and easement shall at all times be r deemed to. be, and shall.-be, a ooatinuing.aaveaeaL,ruaaiag with;the.,,: latid'•.hud'shall be binding upon and in favoro= the euoceaeore also•.:. ! assigns of.the reojdctive parties hereto, !{ IN WITNESS WHEREOF, the parties hereto have caused these,,; � }►resents to be sighed on the day and year firsabove writ on.. MI w 1 ; t6N(v1j#M LIOHTIN COMPANY \ ' • � Vice-Pr ident � '•....[+i�� gy .mac sc • •; L � • Soar; sty � - - .'.1 Mli 3 u.. L i y 1. i STATE OF Y spa COUNTY OF On the "day of , one thousand nine hundred 40a forty-six be are me came loon Axien to me known to'be the Auaividual described in, and who executed tho foregoing instrument. and aoknowledged that he executed the same. ' 1 - (�N"rk Public ounty, N.Y; ' STATE OF NEW YORK, as.z !COUNTY OF 1 J On the day:of one'thousand pine hunde94 and before me came It I to me known to be-the individual described in,-and 4o.e3.r.eout:dd.the t:: foregoing instrument, snnd acknowledged that he executor tha gap6 'STATE OF NABBAU ` COUNTY.-OF I... , On the f 1% day axf ope thousaR¢.AlAe,h{3Adr9Sl;:aAa ;y forty-six before me o aplde.N. darpenter �0: 4 .� who, being by me'duiy,svara, .did depose and saythat to FG�ald@a::aiPn Knolls Lane (No NumbaA Flower Hill;.;Nassaa amty;:..NOW YCi!ki•: . •. 'a that he In ti►aPio.o-1'res14er3t o! ` : the LONG}.ISLAND LI6RTIN% COMPANY C the oorporatiQp 49sorimed is and.whioh executed the forego4pg,4nptM. . menu; that he,knows the:aeal of said corporation.; that the=q9a},Offjod ; •:. to said instrument is such corporate seal; that it was so 4;yi3%ed..by o.rd4$ of the Board of Ddreotors • of said oorporstiop;:and that he- . 'y sighed hip name thereto i0y like'.Order. Notary Public, Va6eau 940t5r,': -.STATE OF-NEW YORK#' COUNTY OF' On the, day-of , one.thous, nias'�jundrgQ before'me came who, being by me duly sworn, did depose and .say that.•h@;reside in ; that he is the,, . of the oorporation desorihea in and which executed the,loresoiAg i.{ 1�yµ�..;: NR meat; that he knows the:seal of aaid,00rporation; that the.ae81 sPtt c!ft to.said instrument is such corporate seal; that it, was s0 a!lixea T;y. .:; order of. the Board of of said corporation,'.and that;',`he.- •j; signed h name therstro by like order. - 4. &R2620 w7029 os n • .�� �� tt'.ry• ti �u y r G6 Miv rr".Ew. U r . . r tma2620 PA030 ✓N� 99 2�03� ZjI� ,t�Yswavo� � 0 �:. to•o•d9. '3,00,.iz r•S iQ aP/ l r .F' it j j o w 60 ta 0.16 RECORDED ' SEPZn:1946 - � ' •F '�+frz may A w�. r THIS AGREEMENT made this I'{-4 day of yj.E.-r.4 9• 19g6, between ROBERT MC ILROY, residing at 66,19899 jjEHeftreet, New York, New York; party of the first part, hereinafter referred to as the "Property owner', and the LONG ISLAND LIGHTING COMPANY, a New York oorpor- ation duly organized and existing under and by virtue of the Laws of the State of New York, having an off ioe at 250 Old Country Road, Mineola, Nassau County, New.York, party of the second part, hereinafter referred to as the "Lighting Company.° SA�the Prxo�pe o yy r herein is the owner in fee 0� simple of certain prate roads, private rights-of-way and iraote Town or•Southol&q of land situate at Peconic/.Suffolk County, New York; sai&prjii t� survey map' of the Property Owner being as indicated on the 37L9jt: 4 .. attached hereto; 4 i I NOW. THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the premises and aov- enants herein contained, and of the sum of One Dollar ($1.00) by t each party to the other in hand paid, the receipt of which is hereby acknowledged, the parties hereto, for themselves, their • respective successors and assigns, hereby agree as follows: ins as be m�y have the power so to o;?: FIRST: The Proper y 6wnev here y grants unto the Lighting Company, its successors and assigns. the easement and right-of-may to construct, reconstruct, relocate, operate, repair,' maintain and at its pleasure remove single lines of poles inolud- y-. 5 ing so many poles and such cross-arms, guys, stubs, a FAT nchors, cables, wires, fixtures and other apparatus on said poles as said Lighting Company may now and from time to time deem necessary for the Paintenanoe of electric single pole distribution lines, and to construct, reconstruct, relocate, operate, repair, maintain, and at its pleasure remove underground electric conduit systems, together with the necessary man-holes and accessories for the maintenance of underground electric conduit systems, in, on, under, over, through and along the following described strips of land and easements:— BEGINNING at a point forme d by the intersection of the westerly boundary line of land, now or formerly of Edith 11, Vail Webb and the southerly boundary line of said property, situate at Peconlc, Suffolk County, New York; running thence along the } foDowing courses and distances: North 81 Degrees 15 Minutes East ` for a distance of 7&1�0 feet to a j point; ")k 80 Degrees 45 e Minutes East for a distance of 115.0 feet to a point; South 32 Degrees 45 Minutes East for a distance of 100.0 feet to a point; running thence in a northeasterly direction at right angles to the last mentioned course for a distance Of 5.U thence feet;/North 32 Degrees 45 Minutes West for a distance of 105.0 feet to a 1�ortb 80 De reea 4 Point; g 5 Minutes West for a distance of 120.0feet to a Point; bouth 81 Degrees 15 Minutes West to a point in the wester- ly boundary lined property of Edith H. Vall Webb; running thence In a southerly direction along the westerly boundary line of land Y. of Webb to the point or place of beginning, i i ;t` PAR.)1) SECOND: The Lighting Company, its successors and as- signs, shall have the right to attach to the electric distribu- d or to be erected upon said rights-of-way here- tion lines erect inabove described, other wires for the purpose of giving eleo- trioal service to consumers upon property adjacent to said de- scribed rights-of-way. THIRD: It is understood and agreed that the Lighting Company shall have the.right to trim from time to time any trees along said lines so that the lines wire sothereon may ithe side be cleared by at least forty-eight ( ) Y FOURTH: It is understood and agreed that the Lighting Company shall have the right to attach to the trees as the ridhts- of-way on said property such guy wires and supports Lighting Company may now and from time to time doom necessary. the power so to flog insofar As he masts unto the FIFTH: The Property Owner/hereby g the right to permit Lighting Company, its successors and assigns, f the communication and telephone service wires and facilities of other public utility companies and to convey to such other companies an interest in the rights granted under this agreement. SIXTH: The poles erected by the Lighting Company shall be of standard stook and not higher than the Lighting operany te and y now and from time to time deem necessary to properly op maintain its wires, cables and fixtures, to providewith such for telephone service wire attachments and to comply munic- ipal ordinances as may now and from time to time be enacted. The dce detalsofspecifications as may now or hebeain aocerpro t standard videdfor by thh such a Lighting Company. SEVENTH: The poles, cross-arms, guys. eaahora, cables, conduits, man-holes and other apparatus as from time, to time ag Company, struoted, reconstructed and maintained by the Light.i shall at all times be and rein creitsosuooeseorssead assigns.he control of the Lighting Company. mopq SO ,.. . NINTH: This grant and easement shall at all times be r deemed to be, and shall be, a continuing covenant running with the land and shall be binding respective uponpart and in favor of the successors and assignsof the IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on the day and ye irs b vee we itt L.S NITNESS: a�•:�,���L;ppo •..✓ , LON LAND LIGHTING COMPANY vice-Pre dent Secretary f 3083 =A4--i9 STATE OF NEW YORK, COUNTY OF twa On the /4'* day of nlGl/�G�i y. one thousand nine hundred and before me came ROBERT MC ILROY, tome known to be the individual described in, and who executed the r;- foregoing instrument, and acknowledged that he executed the same. U o—Fary Pu c STATE OF NEW YORK, COUNTY OF }as.t On the day of one thousand nine hundred and before me came to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. State ply York C-.-MN"ea Yai, J(: 24771 ye t L ARC MBAID PL WATSON, Na of Record ha _ °nd Clerk of the S�upprenx C New York sot.DO HE Y CENTI County,a Court whose name is ss6sa to the hme of sno�cd aBidaiit,d to of ac)otowtedgment Na,yr°y°�w duly co° the name a NOTARY p certificate nerd for the State of 01 7 eammLuantd sworn and qualified to act u.sueh ghpu� °°Nhis ��d�sa{Ddsh�sit+�suant to Is asj or a eatifieate of huai the State .. . vrss duly�- yby the have been filed in sty office; that a such Notary chase he_ to recein and .a Taws of the State of New York to tdmisista oaths and affirmPublic b, other written lnstrnmmta. kw;Smeot or p�oot of deeds mortgages Powers of attomq.nd .i recorded in this S' sad hernli m 4�an tthc wa�ed.;Zi whatw'titmg take sa b�PP bl a In or a� �gm a � be�sva�IN WITNFS�ttue b wlth his autograph stgsa eposit To ed in ml � . i �FLIF,I have hereunto set my hand this _ official sea! . OV6 2SO b Comfy Cfer6 and Cferb of Nu So—Cows,!Vero York Cmwty t I � } r% i t r , T, ;PAU STATE OF NEW YORK, COUNTY OF NASSAU J on the 714' day of one thousand nine hundred and e before me came IAMES W. CARPENTER to me known, .who, being by me duly sworn, did depose and say that he resides at Knolls Lane (No Number), Flower Hill, N•tesau County,.New York; in ; that he is3the a Vice Pres. of the LONG ISLAND LIGHTING COMPANY, I the corporation described in and which executed the foregoing instru- ment 1, that he knows the seal of said corporation.; that the seal affixe to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. o wryPublic nm LDnuz I STATE OF NEW YORK, l NWM Me.atib d low Yoh COUNTY OF f as.: na tato6elou Qadlllal to IIeW 0WjItr �1 Qatte:aeQt�d�tiu sax m cl a�� On the day of oi4H,1�k61dss�;'t'�fi�undred and. j before me came , to me known;• j who, being by me duly sworn, did depose and say that he resides at in that he is the of the corporation described in and which executed the foregoing instru- ment; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of of said corporation, and that he signed h name thereto by like order. {I • t i. k F 71 I i THE UNDERSIGNED, being the holder of a mortgage cover-ing the premises described herein, owned by ROBERT A. MC ILROY, hereby coneents to the execution and delivery of the foregoing easement agreeme t, and hereby subordinates the lien of the mortgage held by�to said agreement, as if said mortgage were made after the execution, delivery and recordation of said easement agreement. !?. WITNES L.S. 1.� STATE OF NEW YORK ) SS.: ,} COUNTY OFdV7%,_ ) f' Oa the e2b day of f , one thousand nine hundred and fifty, before me came NELSON AXIEN, to me known to be the " individual described in, and who executed the foregoing instru- ment, and acknowledged that he executed the same. Notary Public - Stay or7ffew York RINSSEUER G.T-MV,Jr. l NOTAAY PUBLIC,STATE OF MVI mac 3. anls w I.Sint,^Co.MV 11 YaloR Qo Vv CkA'.No.25I4 My C-4.W-E�pk. M..,h].v,IVSI i 1 •h t. .I PAGEc7�? Pr.p: it F(e r. 0 ., $fwn0 � No '' , ,.. A . pro p o si'7�/cc.:Li i�vk - No )n Ay /yap X0r ARgP[i'SED'EL'EC.LANES "d8TINO ;: :;•! p;=o GAS AMAIN .a, n • 1 . .. I I i -3033 Pw573 i 'o 9 0 1� pw r J �X,,NP('PFRr�s A'"°,t �h LV"Ve irv:ey for• �Eascmehf across ' • AYD W. wL Ap ,Ev i 1-H H:VA I fV '•t''EONIG �' Nr ..PORK , Ne t4.::�;949 ry o r ty f RECORDED Ju,Y S 1950 R.FOOD/HUGHES WFRK OF S JMM WUMTy ORES S TIIRU 9 MUST BE:TYPED OR PRINTED IN 111ACK 1 1 V PRIOR TO ltE.t.'t RDIN(: Ott FILING. 1 I SUFFOLK COUNTY CLERK 2 3 5 PGI15 `L RECORDED Number at Joe �STA - Iq" MAR IS P 3 25 NAR 18 19�➢"� kk SU.Fa K CGtl1 ry CLERK Serial N TPA14 lEPI TAX eertlneate rti >11�PiOt'1C oa�rrlY Dead/Morlglotte Instrument Deed/Mortgage Tax Stamp Rewrdlnlg/It ling Slamlls e a . F.9 1 Page/Ftllalt Fee tFtorli;aKa Amt. _ Ilandlinig 1. Hale Tax _ 2.SON YMA _ Notation SUIT Tot at CA-3217(County) SUIT Total d.Sgrer./Adel. - SA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Daal County held rnr Apporttonment Comm.of Ed. • s: Transfer Tax A/fldaril ? •✓' o�� hlanslnn Tax Certified Copy The property coveral hy.tbls mor•Irage In or gill be imprrrved by a one or two Bell.Copy Sub Total ',C. family dwelling;only. YES_ or NO Other GRAND TOTAL r l If NO,nee appropriate tax clause on 1 1 page tl of Oils Instrument. Real Property Tax Service Agency Verification G Title Company Information tir Dist. Section 1119ch Lilt es V4 A'' .��.., /000 ,ODv O'�.a0PC O Company Name sell Title Numirrr FEE PAID BY: KEYSP/JN ENERGY ? Cash Check 0%*r c 117 DOCTORS F'/ITfi Payer same mIt& It_ RIVERHEAD. NEW YORK 11901 ORi Diane 1. De Carlo Electric Desi n & Construction R RECORD& RETURN TO 9 Suffolk County Reeording & Endorsement Page This page forms part of the attached EASEMENT made by: (D.ecd, Mortgage, c(c.) . I Tbc prenthex Iterein is sitnntctl in SUFFOLIC COUNTY, NEW YORIC �� TO a In Olte TOWN of IA A- �1Pi9- In Ilse vI.F.T cl: P or11AMLf'.Taf 04 ��— j i NO COWDERM1% j.ECTRIC ZAMBHttM THIS INDENTURE, made the < clay o 199 , between# slalom Axiea 2S55 Youngs AVG. Southold, New York the Grantor, and LONG ISLAND LIGHTING COMPANY doing business as (DBA) LIPA, a Haw York corporation duly organised and existing under and by vsrtue of the Laws of the state of New York, having its prLncLpaL office at 173 B. old country Road, Hicksville, New York, the Grantee. fJITHESSdTH, that the Grantor, In consideration of good and valuable consideration paid by the Orontes, does hereby grant and release unto the Grantee, its successors and assigns, forever, easement and right-of-way on, over, under, across, through and along certain portions of the land of the grantor shown on map of said land entitled "A Minor Subdivision for Nelson Axien", lying and being in PeconLe, Town of Southold, County of Suffolk, State of New York. A copy of said map and/or legal written doscrlptlen, on which are now shown the Location and width. of the said easement and right-of-way herein granted, is attached hereto and made a part hereof as "Exhibit A". o DISTRICT t000 esCTrON Ol6.000 11LOCK 01.00 LOT 008.4003 Said easement and rLght-of-way herein granted include the following right and privileges# FIRST# The permanent and pbrpstual easement, right, privilege and authority to construct, reconstruct, relocate, operate, repair, maintain and, at its pleaoure, remove underground electric conduit systems, together with the necessary manholes and accessories, and single lines of poles Including ■o many poles and much crams-arms, guys, stubs, anchors, cables, wires, fLxtures, transformers and other apparatus on said poles as said Grantee may now and from time to time deem necessary. BECONDi To attach to tits electric distribution lines installed or to be Installed thereon other wires for the purpose of provlding electric service to Grantee's other consumers. THIRDi Trim from time to time any tress along said electric distribution lines so that the lines and wires thereon may be clear by at least forty-eight (48) inches on either side. FOURTHS To permit the installation of wires and facilities of public utility companies or others and to convey to such other companies an interest In the easement .and right-of-way herein granted. rITTHi To permlt. such access from the street over the balance of the Grantor's property as is necessary for the enjoyment of the easement and eight-of-way herein granted. SIXTH# Grantor egress not to erect or maintain within the easement area any building, structure or physical obstruction including trees and shrubbery, of any kind or nature whatsoever or permit the same to be so erected or maintained, except much as the Grantee may specifically consent to in writing. SEVENTH# The poles, crone-acme, guys, anchors, cables, conduits, manholes, transformers, vaults, vents and other apparatus as from time to time installed, constructed and maintained by the Grantee shall, at all times be and remain the property of the Grantee, Its successors and assigns. MIGHTha The Grantor covonanto that it is seized of the said land and, for itself, Its successors and assigns, forever warrants its title thereto and will defend the easement and right-of-way herein granted, forever, 4galnet all lawful claims and demands. The easement and right-of-way herein granted are exclusive and shall be bLnding upon and Inure to the benefit of the successors and aaaLgns of the respective parties hereto. IN WITNESS WHEREOF. The Grantor has caused these presents to be duly executed the day and year first above written. s a ae Ax en =Nn=3(1DUAL NOTARY RECORDED- STATE or NEW YORA ) Libe r- ' COUNTY or.-;I,,e Page- On the 1 / day of ��/D�i� . 199470 before me came Blaine Anion to me known to be the izdivlAual descrid in, and who executed the foregoing Instrument, and acknowledged that he executed the Game. -' ,n •���tid tart'•signature Nam * OOi1VRi dN oYam Notwry Stamp a Expiration oat* lb01Cem�1 70-79199-040l-633-370 p,urt:• 119521 b 115 G rid- 10043 . • JobN 1409918 12/8/98 Work N- l.iber- Pose- Recorded- r4o CONsIOPRATION EXI IIDIT'A' NO CONSIDERATION Description of 10'Wide R.lectric Casement Suffolk County Tax Map(1997) 12/0 Lot S 1. District 1000; Section 06N; Mack 03 Situated In Peconle,Town or Southold Suffolk Counly,State of New York Beginning at the southeasterly corner of the herein described easement,said true point or place of beginning being more fully described and located as follows: Beginning at the Intersection of the northerly right-of-way line of Salt Marsh Lane (private 33' R.U.W.)and u iron pin located at the Intersection of the division line of Lot 81 to the West and Lot 8.2 to the East; 'Thence running along said right-af-way line South 8t' 22'00"West 62.57 feet tot the true point or place of beginning; Thence continuing along said right-of--way fine South I;l*22' 00"West 10."feet to n point; Thence through P/O Lot 8.3 the following three(3)courses: 1. North 320 03' 48"West 9837 feet to a point; 2. North :570 56' 12" Fast 10.00 feet to a point, 3. South 32' 03' 48" East 102.71 feet to the true point or place of beginning; Containing within sail Itoundsl,005 sq. M more or less. Legal Description was hearings. Distances and Area established from Survey by: of Easement were computed Van Tuyi and Son by KeySpan System Surveyor Dated: December 17, 1970 Field Work by KeySpan Energy Dated! December 4, 1998 CURI'URATI: ID N EASEMENT LEGAL WRITTEN DESCRIPTION "EXHIBIT N' '< �!Ror woKae 7 p I -P:2�0-036-370 srdp dr GRID it PAGE_..L—OF � AMO SJP 1 r � BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) I FORM 8007 CALL TION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY A77URNEYS I40R SELLER ANDU►SPR BEFORE SEINING. THIS INDENTURE,,made the If day of .2006 between ELAINE AXIEIY.residing at 1hh4D Founders Landing.Southold,New York 11971. acre Sole Dfgep �$de8rrdtNelaefltAxxen,aaeceastrent of Nelsen Arlen, party of the first part.an� Jonathon Gilson and Regina Ebel,husband and wife,both residing at 310 East 4&Street.New I York,New York 10017 party of the second part. WITNESSETH,that the party of the first part.in consideration of TEN DOLLARS(Sl0.00). lawful money of the United States,paid by the party of the second part.does hereby grunt and release unto the party of the second par.the heirs or successors and assigns of the party of the second part forever. ALL that certain plot,piece or parcel of land.situate,lying and being in the Town of Southold.County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of a 33 foot right of way at the southwesterly corner of land now or formerly of Rivka Schoenfeld and the southeasterly corner of the premises herein described; RUNNING THENCE South 81 degrees 22 minutes West along said 33 foot right of way. 15 LU feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees 11 minutes 10 seconds West along said land 317A4 feet to the average high water mark of Long Island Sound; THENCE easterly along said average high water mark of Long Island Sound on a tie line bearing North 64 degrees 28 minutes 55 seconds East.a tie line distance of 108.85 feet to land now or formerly of Rivka Schoenfeld; THENCE South 43 degrees 52 minutes 50 seconds East along said land.369.98 feet to the northerly side of the 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the southerly line of said premises;thence over 20 foot right of way running through land of Elaine Axlen and land now or formerly of Henry Smith to Henry's Lana i TOGETHER with a tight of way running southeasterly from said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 5/17/43 and recorded on 5/28/43 in LAbcr 2289 page 147. TOGETHER with all right.title and Interest.if any.of the party of the ftht pan in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and ail the estate and rights of the party of the first pan In and to said premises. TO HAVE AND TO IIOLD the premises herein granted unto the party of the second part.the heirs or successors and assigns of the party of the second pan forever. . AND the party of the first part.covenants that the party of the first part has not done or suffcmd anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the Furst pan 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 cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any pan of the total of the same.for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first parr has duly executed this deed the day and year first above written. • s L- a —.•, Elaine Aatien �y t si mm FMV M T Mk tU _�A,UM rg 4.4 07 A$A 'MM6Y., M J '5, For whit e 4F Z N,4���X reeiding 'at Peconic::Lan@, ;no street MC il, .; e s v and'CAME .CRSALMON of P ' ' A ev r t e S F u ti _Iiin tk # party 0 46 jje es of the flret tk part, in" Oni and MOn Uncted Sfalta, paid by the'pa rty 0?Im swdh4-pa % �d- piaii,..�., hi -'Ainiby pid n.f a nd.release unto'"A s heirs and assigns foseter, ajj_tliatceft°in -tract or } of rce land lying.'and being At Tk6nicp 'id:the-i6'wn of SoAiba Uf fo -iQ'rzj 4�9 e particularly War y- toivi'ed an8 described Isjoli6ws:.- M_ 'M04t -ont m ent af, tl.e southeaste-irAy corner of the -d t*' t- $buM-'-51,�-211 East_r4 -3 sesinere descr Qed, winch monude. t s s an. '�6`.'12 f eet'.­tfoza* a:_monument en t the soil esterly cornerJ;Z�44 for'Laer 0, `4 Villiat-B. Cpdliil.a, t",6 i; fob, said in4 -n6i;- f George- al South; ­ . U.. 6'uth:'2 I 6.q ng t 1. w6it 8 �fl feet .3,06iht, of bpg'ir�nlin';Z"''ru"r'xiiing 'then.ce'. 3, tang ol f:'S a i w' "n' to*a: Ahe" a. z tj.,Ie..,no�t*qwdsterl*y_. *wUndarl o -as edy dat- ilo h**' 1 .66 ,: �:,of. land of -Floyd.'F,.O Vail; thence. .-,innin- fig I northeasterly -: the.n.or hes.sterljr...and4i6tqriy b6,undarl of slid land of Floy&.W. ail '.an6-o stanc j. 0 st Tort'n 302 231.1 feet to a.- %teet .to:a pointy j9pust-poct nt�- Hence. -310 01�.'A'6st'_593 Oje6t- to 1 ne o -appr&xigcat*e.- enc6-11drth -a in f I&& isla,M-S6ixid- .thence running in-an easterl direchigh. wat6r:mark- o .0 .., J : I ...- er odri I O'f''lont 't J tIhq line of 6pp)xt%dfe high w.at CL along Sourd-t6'a point at..the'northweiterly corner �f. s&id.land 6ow of George I the tie line of t*re 'jest mentioned course being distantNor h 46".-Fait 193.4i:feet from.the 'land of said Floydh" to, Vail the :.Iind of said Ge6rg_4)6tthcr.; thence runnin4- alorg the. s bit1j'r.es t er bo.0 of said;land:of GOr,,-6 M'Atthea South-512 211 Taslt'519'.15. feet` -nd'd -6�6 r&e ��a t th 6i; 0.a- t Soul .- corm . .lend -Y �fi�.esterly cornzer of said 1, Iv o "thence-running 161ig Ahe-Southwestqr -v unqary of lend�:?6-r—a -Ponq h.e i.-R0b6rt,-,Vj. Fitz South 51*:.2JU Fasilt. 120.92 feet to the mo.,v=-en.. -.av'i- point owfds.15.07 iicres� or place"of begianinZ Conta.1hing within sai-il,t. of t;I according t.6 survey thereof made PO b r Otto Van 76ylj CA.1,G�6&n u.Y 91,2. Sept.. - -et In:width ov6r the Existing TOGErIHE-R%uit'-n .a r way. 20 feet right of 1 e 10 Ut�L iron a i t part 1 rs °rly lire of road: of the parties.ofthe f r � y "•S>•�,�"p `-4: «•,'4 t y� ,•ca ,r; M5�.'yty G:. r +•..� * •red ..�•a,. � � �.PYP�2!r'43�i --�>� .+.�7,^S' p�,�z r 51 � �'''.� re'� '�": __� ^K.-`r' c�•s�.'�,y5{h'� ct +]r'"...� Fr"= �yt^ a .x�r t� u•x^�'n ,},.,y� �JS p`ar' �,'S„s"�M''-•r.•*' R K S T `��'+�'F• •��>xMll�ll t* ?� &. r-Ny4 `A �7 �ts,�,,, z Aj 3c� T'� r, tix Saw t Sflyy S wr' r "y�`yvx '"' ' �, �Y[ rC;"r'�¢ a-'h 'ffiz ;F+-, ft' Gr}kc'�.I' {°-a.yyf�� K' }(",•,��'rvt-p +r, �i? Ml�ty 'L r� yr: 7 ti�. '� ..r• ^P 7 ' °•" T�yY 4,�''4�'4,.q;a3 6, 'M�� ..� '� --.t �t 4`t ;+1 3r�r�}F Y.-r'+i�.ri ,L �'�' � y ,� '�;'�'iT`� p t '•s!�= rr w � s4e+ 'tN } >!,+r +' r`Yak • � F1s�� , t� ^y y ,��h�:e l"Sr,•e, S..�, ���y� -�-..=e? DAY.• as f !,w theApre�isesto the northeasterly corner of landofGeorgeSepnoki� ma# - thEnce southerly, 16? feet in Width alo-n`g` the;ekr�eraeeasteTly �sidef ar 1 Y �. tne land of"said George Stepnos�l to thQ ?orin Rosd. , .,.,�v5t-,�,,, r �'z•tl� ;a r �• �' ;.y+~L.� r��`�i!z"��.+�` �•"� F,�3" :r A ia�edx�rf22i�x�otpx}ixrfxttirexittxzxckxxnJa �ti # 1 h t�°rtc�th�the apptcrtenates and-'all the es ate and«rsghlst,oj fthe r „ part ies of the flrst'pdit to and to said diem:des,. ,a ; �P d �tUP1t8 lQ �1Q1� the ren:�ses herein granted utaa'ihe'pgrt y - ' " . �2e . ofkihe second earl, hisrheirs and adscgns jo11rtLerr ' " " ! 1 .y { i - the pctrE ies of 00 the first part cotenant that the y have not done z - 11' or 3u erect anything t-hereby the.•aa:d premIsea.'bare been 7nc_umbertid to anA 1- kold-_the ri� t .t'o receive such considers+ion . : .That the g,untor; iieeke the conaiderahon jor ihia eonveynnce•_,ba a trudt fund to ba applied first for fhe purpose of paying flu coat of gny:mprOrement, i.` that has been coit►nenced upon the premises and has not beenacpmpletec� cet lead! t t jour m2ntha before the. maim and recording of this deed, and that thegmntor r'; is _ - will:appuj. the seine fiiat to the payment of the coat of�mproreme it bejori uain any t , j dart of the tow of the-same jor any other:purposes 1= Ind the granters toil! ho' the right to r ;eixe �itth .considemlton as a trade , ,t ;. .. • , - , --'lured lo::ba applied.jor__rthe Pu•ipose and iie•t1u manner. aforesaid. { Alt • �! tftT � ht`I'PO�, the part ies of the flr:W-pad ha �e '. hereunto set- their hand s and ties! s the day and-year flraE aly�re written -' r 3• 77�T/�A'7•T � ��. 11 a1 -c r Grit • q-x"F4.s�C t ", � "b h •��'. 4+ 5 t4jrv. T.."y'l r "^'p�`A,./'�.+ .+�,.s.7s't'� '?° r .,,' 's. r31' '�r.L{s'y-`�' "ai•. A"� y�'`�if��.+;r'�. 'NOW, �k9-"A.•s''��.r�a:. �.,✓_^ '7v.uc,,y rf����"'.t`2'T� c�^n�r S5-x. 't �" k ym��" �t�,t k"' �i+-•d` yrrN� •i?'. � ��' �•a'S. "n �.e•u$ c'i 2t tr,. rx `b e Y. .r� `�� xcCv�✓s � -0r' Fy �t �t sk+r �7 irk sPx t yk t tR �+�a� �,C Fr`J�'�a•� � er,�,'Sayy a r.� r 's.. o , G r t �. ,r d�t^xl Zs a �}'^" ry# 4 r 4 • i r Y 3 '} r rl a 3'+•'tt' PJ ' [k Z::!}t -1__,._' t�• yj,.�.f 't�ttit..'^i .,J.� �+C ?.� � '4 r` ��r .+?•�f � a YW.^ f'1!�yt + �♦�w�(�^-yam niM■8`w- ��'�■66�..`{w', � `{{(• .,, �AMo���J .Yt�i�v_ .`-tfV �-;�T\P !� C+ tYty'�Zr..rtf�.4Y '�• A at (1(.t J iC 11e t �.. ., t,3y� .( ti �Lalt�it i'of s �� ,1/tY.•�R a '�} ,) 7� ?-F Ij �' ?�'�� 1���,,as S: t�r �•,[�•�r f j, � �6'� '}'�+ "�� 1,�,�„�, �'•* _.,�� l' c•i�a a1 f.s� 'i a j_ Y.) 7 �.` '�"Yr m, dfs t a £ Ft .�IRet n Et(ndrtd and r r � ��,3 On,Fh:s,� , ` • ``�' ! ail#„ofMIN" ?fr �, �� .r > i 2 jry y. { s.s ?�a`,a Y•. :fr��-.ty'1' E"�ajs •n�° " •I � ! {`_' z -FYdl.••' � a`a '' '�' be�orz me the auttitcriber, peraw:ally appeaQ.red . t. { Forty threes. 3 A'u I K -,ton:e personally l�not��n ai:d xnotrn �o., »ie to be the aan:e perRon, desenbed �;•.. ' y"-fin an 'teho executed the tcrithtn �natrtcment, ani� she auly i { . �{' ackitotvttt#g�eEl to me that she ezeeuj. ted the same r ; OF � `�Sl�i�`Ob' NEB JFRS-EY S• -- � � � ,_ 1943, before ne gPr��ri�ll� , t s aPP,eared 3[rI,itilC'`�T� S11t�Oh to re <r, �rti Gnc 1•`ncin to �e.t� re the arC e1g 4 person dgscri3Ed in aaQ iio zXgcuted- ,tne. forei;On instri eitt aCrtiOR1eU*�'EG t0-3E that-'­!Aae, YECUted tr.@ SaGE y : L. Stilt bf Xta}cr} u a 3 sad Cliric of tSe ��ccce Coat sad Cry] Cos+,1�aJQurR+ rY oI.ttc C6c+t1 et HBREBY CERTIFI - ' I PALi\OTI,:Ck eocrts'cf` d latii a ynt, DO .la t1% s1n ttt^$ SK.., ..Ki.�tOR' •GI t..t - s to t �t terhtca:t {c4 t6 tx t c ED `ttt a t � .. : RECORD t s rtCta, �?! on 4 7 . a-NQTARY PUBLIC'icb4'.w sad 'bi-edbq�'U-of CA Sy.e cd,\cs`lar'c to as �- Eoc s+axid,S�65td sad tsorn aai a^tboiued 6T ti reason of t� day seed u t}is cScre rr cf. at°tra SAY 28 M3 !' i4 sxh el as sAb\curl Q>Sir aith lss a qTr+?�s 6 bl a Ee•ems datl iz&-c red u sat+ct5ai to prc est aces:N tale sad euvff ai Eants u0�r�• ..tser cnt;s s.•si aifircat+acs,sad to take a.•tii tcstsfT,adcucled� .e ,/y` �•M. iad Eet>d� ecoa-�a fx,limos. and t�ieE tea-� s sai ttit i _ R.fOftD}#X+F3 , ��Cs -•,to tti tdd fm t»dtoa or reeotEed to sz5d. �x Aad. wolf Mere ca sild 1<;t"t;od K eirt5ca a cI�ioct a KTmarirdL el Sa4F?h Coate - }ire t------ed 6 4 rc r<L�.. t zt Bt t`4 t�f5ce a,i t<,�e t`at tSe s gatare on said s,_c ` ,oI is QS?i• .,I it: kd1 �i ii.s si aai«i tte dcpas+vx or ccrt+5ra:c cf N I tare a,I,sct mi j �S. < tt ct \c lcrl. is t diJ.ot. CM`— i tit SsY Cei.t ec3�.t�► Ce ..�.Gkr �j;eru f Coo J Ccvt . 65 - 1 ripe nlbwry iW. ritLV �i Suffolk County Surrogate Court K ° Estate Closed,N i60601983 - Edward Nelson Azien "` fiie'Date. 11/17/1.983 Proceeding PROBATE PETITION 5 Dis used ' ra L�etfefs. hf : S�, aP e f,.r Yr ,, 'x> Leiters Issue t , Estate Attorney, judge ERNESTL tIGNORELLI k Estate'Attbrber Firdn; A`Related'Files (Link provided to vicew f le,tf carrt6nt is ai ai Me for Public View)�MO.` �M yr i zs 0Q, 'G1 f'qN .# i"�t ., Lt>7a r`+. .�r• +Yi'v fa SF, 4-a t•• k'ik. .k E+tit:. { 4,,PwGa�. � tiF�. vtAt xx Z. }.'.+ ..a�'�'{' Party Role DOD Appointed Active Axien, Edward Nelson DECEDENT 10)1311983 Documents (Link provided to view document if content is available for Public View.) Click on Document nonce to view content. Click on column heading to sort by Document name or Doc Filed dote. Links are provided to view unrestricted documents after 02/19/2014 ONLY.Go to Home page for more information. Ell' NEW PROBATE PETITION 1 10/13/1983 I LETTERS TESTAMENTARY File No. . . . • •t606• •P'19• • • • 83 MICROFILMED NOV. 18 . 19813 SURROGATE'S COURT - SUFFOLK COUNTY ,V1lCHAEL CIFOLLINO CHIEF CLERK THE PEOPLE OF THE STATE OF NEW YORK � I To All to Whom These Presents Shall. Come, or May Concern, Greeting: NELSON AXIEN, a/k/a EDWARD NELSON AXIEN WHEREAS the Will of . . . . . . . . . . . .. .. .. . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . .. . ... . . . . .. . . . . . . . . ... .. .. . . . ... . . . .. . . . . . . .. . .. . . . . . . ..... .. . . . . .. . . . . . . . . . . . . . , deceased,who at the time of death was domiciled in County of Suffolk, State of New York, was on the 18th November 83 . . . . . . . . .. .day of . . . .. . . .. . . . . . . 19.. . . , admitted to probate by decree of the Surrogate's Court for Suffolk County, and said. decree directed that Letters Testamentary be granted to such of the person or persons named as Executor in said Will as may qualify and be entitled to such Letters according to law. AINE NOW, THEREFORE WITNESSETH that... . . E . . . . . . . . .. . . .. . , . . . . . ... . ... .... . . . . . . .. . .. . . . . . . . . ... . . . . . . . . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . .. .. . . . having duly qualified as Execut...rzxof said Will, Letters Testamentary are hereby granted and issued to .....h..erwith the powers and duties thereunto appertaining under said Will and by law. 1 Dated, Attested, and Sealed November 18th 83 . . . .. . . . . . . . .. . . . . . . . . . . . . . . . 19. . . . HON. ERNEST L. SIGNORELLI F 1 L E ® Surrogate, Suffolk County SURROGATE'S COURT - �� SEAL: SUFFOtK COUNTY �� ICHidL IPOe- 111 Nov 1 U 1501 Chief Clerk of the Surrogate's Court P18•(12/75) D,"ICE t[_I_ CIFOLLINO 33-516`. CHIEF C'r?'k At a S fate's Court held in and for MICROFILMED the L„unty of Suffolk at the County Present: HON. ERNEST L. SIGNORELLI, Center, Riverhead, New York on the Surrogate NOV 18 1983 14h day ofNRVeJ0?eX 19. .$3.. ICHAEL WOW.,* PROBATE PROCEEDING, WILL of CHIEF CLERK DECREE OF PROBATE l NELSON AXI a File No. 16 06 P19 1 3 EN c.Ask/a. . .... . .. . EDWARD NELSON AXIENDeceased. A PETITION having been filed by . . . ... ..ELAINE. AXIEN....... . . ... . ..... . . ..... . . ... for the Probate of an instrument....in writing dated the.24tfi.. . .day.of..... November. 19 82 ..... ............ .... ... .. . . ... ... . . ... .. .. .... ...... . .. . ................ .... .... . .. ..... ..... ... . . as the Will of the above named decedent, setting forth the facts upon which the jurisdiction of the Court to Drant probate thereof depends,and praying that the same might be admitted to probate,and it satisfactorily appearing that all persons required by law to be cited or who are interested in this proceeding have bytheir apppearance, consent or waiver in writing duly executed and filed, waived the issuance and service upon them of a citation in this proceeding and consented to the probate of said instrument and the Court being satisfied, upon the proofs and allegations in support of said Will, with the genuineness of the Will and the validity of its execution, and that said decedent at the time of execution was in all respects competent to make a Will and not under restraint, and upon Decision dated... ... November 1q r.. ..19 83. . it is ORDERED, ADJUDGED AND DECREED,that the said instrument offered for probate be admitted to probate as the Will of the above named decedent, valid to pass both real and personal property, and that said Will and this decree be recorded; and it is further ORDERED, ADJUDGED AND DECREED, that upon Notice of Probate duly filed, if required, Letters Testamentary issue to such of the person or persons named as Executor in said Will as may qualify and be entitled to such Letters according to law. • ER EST L. SIGNOR L1, Surrogate FBLED SURROGAI E°.S 1MURT SUFFOLK CA9UNW NOV 131So3 11CHAEL MOLLINO (A) CHIEH ERA( P15 MICRORLMI Q NOV 1S 199,3 SURROGATE'S COURT :SUFFOLK COUNTY NUCHAEL CIFOLLINO 1 CHIEF CLERK 1 DECISION ) Probate Proceeding, `Will of 1 , 1 By: HON...ERNEST..L...SIGNORELLI, ...... ............. Surrogate NELSON AXIEN, a/k/a �. Dated ..... ?oy,,er)ber,.18.�................ 1g 83,.. EDWARD NELSON AXIEN ) 1606. P 1983 File# ...... . ................................. .............. Deceased. 1 1 1 1 It appears that the propounded instrument was duly executed and, at the time of execution, decedent was in all respects competent to make a will and not under restraint. The court' is satisfied with the genuineness of the will and the validity of its execution. Accordingly, probate is granted. SCPA 1408, EPTL '3-2.1. Decree signed: ERAEST L. SIGNOiYLLI, Surrogate Wickham, Wickman & Bressler,--P.C. Attorneys for -Petitioner 10315 Main Road (.Box1424) Mattituck, New York 11952 SUR"OGATE S D st rFpor fc COUNTY RT NOV 1 -01983 P"IeV.yF:l. CIPOLLINO CHIEF C;EPIC P 28A 33.565.. . .! A � t I MICROFILMED SURROCATE'S COURT SUFFOLK COUNTY Nov 18 1983 * * * * * * * * * * * * * * * * * * * * * MICHAEL CIFOLLINO Probate Proceeding, Will of * CHIEF CLERK * AFFIDAVIT'6FF FAMILY. TREE NELSON AXg3V a/k/a EUQARD NELSON AXIEN, Deceased * * * * * * * * * * * * * * * * * * * * * STATE OF NEW YORK COUNTY OF ss: MARIE FRALEY, residing at 119-45 26th Avenue, Flushing, New York 11354 being duly sworn, deposes and says that she* is a cousin- of Elain Axien, the surviving spouse of Nelson Axien a/k/a Edward Nelson Axien, who died a resi- dent of Peeonic, New York, on October 13, 1983; that deponent has known the decedent and his family for over forty-one (41) years and that she makes this affidavit to show the family tree of said decedent, Nelson Axien a/k/a Edward Nelson Axien; That decedent was one of the three children of Oscar Axien and Helen Doughty Axien who both predeceased the decedent (see diagram attached hereto) ; That decedent was married to Elaine Ma,;sarella; that he was married only once and that decedent had no child or children and no descendants of a predeceased child or children, no adopted child or children and no descendants of a predeceased adopted child or children; that decedent left surviving his wife, Elaine Axien, as his sole surviving distributee. Marie Fraley Sworn to before me this ARM day f rza4--e— . F1lEioSURROGATES COURT SUFFOLK COUNTY °tars' is - NOV 171983, J"J.CUME M•ICHAEL CEPOLLINO Notary Public 8tft of Now YG* No. 52.4042257 CHIEF CLERK QualNted In SuffolkCouMy Commission Expires March 30 m 8 AFFIDAVIT OF'FAMILY TREE OF NELSON AXIM, a/k/a EDWARD NELSON AMEN OSCAR AXIEN M. HEU N DOUGHTY (dec. 3/25/1930) . . . . (dec..7/5/.1937) . NEL.SCN M. ELAIINE MASSARELIA WILLIAM VICPOR (our decedent) (surviving) (surviving) (dec. 1917) no issue 5FJRROGAIE1$ COM : SUFFaZ COUNTY t * * # * t * # # t t * t * * * * * t * t Probate Proceeding, Will of s fa } NELSON AXIEN a/k/a EUI&M MEISCN i a;; (. AXI EN, Deceased * * t * * t * t * * * # * * * t * * t * # Aft t t t t t t * t * * * * * * t # t * t AFFMRVIT OF FAMILY TFU t # * # t * t "M • I LAW OFFICES WICKHAM• WICKHAM R BRESSLER• P.C. MAIN ROAD MAT"TUCK,LONG ISLAND NEW YORK 11952 eIa-:aeeaaa t STATE OF NEW YORK SURROGATE'S COURT COUNTY OF SUFFOLK Probate Proceeding, Will of NEISON AXIEN a/k/a EDWAM NEISCbi MICROFILMED, otfce of Probate {SCPA;1409) AXIEN, / NOV 18 1983 ile No. ........ D ......P19,$; S........... ...................................:........................................ ,• �. MICHAEL CIPOLLINCI Deceased. CHIEF CLERK Notice is hereby given that: NELSON AXIEN a/k/a EUMM NELSON AXIEN November 24, 1982 (1) The Will of.....................................................................................dated....................................................... 970 Salt Marsh Lane, Peeonic domiciled at........................................................................................................................................................... Suffolk County of......................................................... .New York has been offered for probate in. the Surrogate's Court for the County of Suffolk. (2) The name and address of proponent.........of said will is ....Elaine.Axien is ....... ... .. ............... ..................................................................................................................................................................whose address ...........970 Salt Marsh Lane, Peeonic, N.Y. 11958, IS .........:................................................................................................................................. ............................................................................................................................................................................... (3)The name'and post office address of each person named or referred to in the petition who has not been served or has not appeared,or waived services of process,with a statement whether such person is named or referred to in the will as legatee, devisee,trustee,guardian or substitute or successor executor,trustee or guardian,and as to any such person who is an infant or an incompetent the name post office address of a person upon whom personal service of process maybe made on behalf of such infant or incompetent is as follows: NAME POST OFFICE ADDRESS NATURE OF INTEREST OR STATUS WILLIAM AXIEN 1010 Ridgewood Avenue Holly Hill, Florida 32017 Contingent executor EUGENE MASSARELLA 681 N.E. 29th Avenue Okeechobee, Florida 33472 Contingent executor Ste. pit SUFFCitic S cotOr GA cowiy NOV 171983 MICHAEL . Cry fFOLL1NO (CONTINUE ON REVERSE SIDE IF MORE SPACE NEEDED) J CLER Date, .......October.....�7th. ....83................. .. ...... t 1......M,..Y! k..ham..& Bressler.P.C......... Attorney for Petitioner Office and..... 10315..Main ..Road, ,,Mattituck: New York 11952 . . ............................................................................................. Post Office Address....P.O.....Box_.1424,..Mattituck, New,York,11952:.... .....Tel. No.,516-298.8353,..,..,; P5-(3/75) 33-503 NAME POST OFFICE ADDRESS NATURE OF INTEREST OR STATUS MICROFILMEQ NOV .8. 1983 MICHAEL CIPOWN0 CHIEF CLM AFFIDAVIT OF MAILING NOTICE OF PROBATE NOV 18 t5u� MICHAEL CIPOLLII40 STATE OF NEW YORK ) CHIEF CLERK SLTMLK COUNTY OF..............................) JOAN HINIERMANN ...... residing at:.....2745•.Vanston.Road,_•Cutchogue NY .................................................................... ................ . S being duly sworn, says that...........he is over the age of 18 years, that on the........Vt.)...................... day of............................................191,N..... .S.he deposited in the post office or in a post office box regularly maintained by the government of the United States in the......Vie,loge......,,,,•„•,,,,,,,,,,,of Mattituck ..................................................... State of New York, a copy of the foregoing Notice of Probate I contained in a securely closed, postpaid wrapper directed to each ofjin, persons named in said notice at the places set opposite their respective names. //��. o....1W.. ............................. oan Hini3erntsru7 F 1 l . Sworn to before me this SSUFFOGq�s COURT OLK CO N ...........27th.....day of ...October............ ..... ..19Z..A3. NOV j uMy . 71983. ................................... Ett.EN M.0�k011IN0 Notary Public, State of New York INotor�Public,Stot®of Nowr o EF CLERK No.4688534-Suffolk County Commission Ewes March 3o, 1 STATE OF NEW YORK URROGATE'S COURT : SUFFOLK COUNTY MIC �; !LMED.. Probate Proceeding, Will of AFFIDAVIT OF ATTESTING WITNESS NOV li3 1983 °NEISON AXIEN a/k/a EDWAM (After Death) •NELSON AXgN Pursuant to SSCP AL 14406y AMCHAEL CWOLLINO File No. CHIEF CLERK '' ''•' '•''''' ' •.•-••Deceased. STATE OF NEW YORK ) COUNTY ()F SUFFOLK ) ss.: ✓ JOAN HINDERMANN ••••••• •••• , being duly sworn, says: reside at ,2745 Vanston Road,•Cutchogue,•N.Y..•11935•••••.•.•• •..•.;. I am one of the attesting witness to the instrr ment bearing date the . . . . . day of ....November• .. . . 19 . .offered or to be offered for 'it at probate as the Wil'I of ,Nelson Axien a/k/a Ed%rard Nelson Axien; deceased request ''• • •• • , of one other and make this affidavit at the request of ......Elaine .Axien ..... ......................... .. than executor ••• •• •• • • ��-••••••••• ..,. ....... ........... 'executor named in said will. state who 'Delete (.) or cbl The subscription of the name of said, decedent appearing o as win P n-( fact f$OKMMRW�b) the original instrument now produced and shown to me and offered for probate as decedent's last will and testament, was made by .decedent in the presence and sight of myself and . /William•wickham •• • • • • • •• • ••• • • • • • • • • . . . . . . . . . ... . . . . . .. . .. . . • • • • • . theotherattestingwitness. At the time of making sugh subscription, the said decedent declared the said instru- ment so subscribed by h im to be h i Will;and this deponent and the other attesting witness... thereupon signed our names as witnesses at the end of said instrument at the request of said decedent and in his. presence.The said decedent at the time of so executing said instrument was upwards of the age of 'eighteen years and, in my opinion, of sound mind, memory and understanding, not under any restraint or in any respect incompetent to make a Will. The decedent could read,write and converse in the English language and was suffering from no defect of sight, hearing orspeech,or from any other physical or mental impairment which would affect h? capacity to make a valid WiJI. The propounded instrument was the only copy of such instrument executed on said occasign and was not executed in counterparts. SURRO SUFFOLIC OU y NOV 171983. MICNgt:l' CIPO r Joan Hindermann Sworn to before me th�ylEF LINO 2,4. y of z. R93 t No ry Public, State of New York b'da A3SGAit A.WICKNAfiA � Notary Public, State of NOW Yolk P6-11/82 v/ No.62-4642871 -Suffolk Cou�j� Commission Expires March 30, 19� STATE OF NEW YORK S,AJRROGATE'S COURT : SUFFOLK COUNTY MICROFILMED Probate Proceeding, Will of NELSON AX EN a/k/a EIITARD NELSCN AFFIDAVIT OF ATTESTING WITNESS NOV 18 1983 AxIEr1 (After Death) Pursuant`to SCP JJ1 6�. MICHAEL CIPCHIEF CLNO File No. 1. CHIEFCLE!tK ... .. ..... . .. ..... . .. . . . .. .. . ... .. .. .. Deceased. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ,/ WILLIAM WICKHAM ••••• ....• •• , being duly sworn, says: reside at ..no. #,. Main,Road:.Cutdiogm, ,New.York.11935 :.. ••. I am one of the attesting witness to the instr ment bearing date the . . . 2. . . . . day of ..N°�r... .. ............ 19 82 . offered or to be offered for •lt at probate as the Will of •Nelson •Axien..a/k/a.Edward Nelson.Axien, deceased, request Elaine .Axien of hers and make this affidavit at the request of . other .............. ........... ........... . . than executor • ••• ••• •••-........ ........ . . . ..., -_.. .......... .. 'executor named in said will. state who 'Delete as will (D) The subscription of the name of said decedent.appearing o fact b) the original instrument now produced and shown to me and offered for probate as decedent's last will and.testament, was made by decedent in the presence and sight.of myself and „/:.Joan Hindermann • • • • • • • • • • • • • • • • . •.. . . . . . . . . . . . •. . .. . . . • • • • •. • • • • • . the other attesting witness. At the time of making such subscription, the said decedent declared tfie said instru- ment so subscribed by h??n to be h is Will;and this deponent and the other attesting witness. . . thereupon signed our names as witnesses at the end of said instrument at the request of said decedent-and in h.!�presence.The said decedent at the time of so executing said instrument was upwards of the age of eighteen years and, in my opinion, of sound mind, memory and understanding, not under any restraint or in any respect incompetent to make a Will. The decedent could read,write and converse in. the English language and was suffering from no defect of sight, hearing orspeech,or from any other physical or mental impairment which would affect his. capacity to make a valid Will. The propounded instrument was the only copy of such instrument executed on said occasion, and was not executed in counterparts. r� l sulziz SUFFO(K CS COURT. ./ / ' . . . .. . . OUNJY NOV 1 7 19 Sworn to before me this i'r11CHA 24. . . day of ... .October. . 19. EF��L,NO . .aw.Q., � �. ERK Not Public, State .of . New York A OOMER�J us"' � NOTARY PUSK Shafts d.Now York 4r&%M&rdk No. �y P6-11/82 ✓ Comr4i4,bn E*kM Mar.30, 'STATE OF NEW YORK ' SURROGATE'S COURT : COUNTY OF SUFFOLK PROBATE PROCEEDING, WILL of MICROFILMED PROBATE PETITION J NELSON AXIEN a/k/a EDWARD NELSON Nov Is 1983 /� File .No. . . . . . . . . .A!%Pig. !!. . Deceased. MICHAEL CIPOLLINO �� I CHIEF CLERK To the Surrogate's Court, County of Suffolk.: �b It is respectfully alleged: (1) The name(s), domiciles)(or, in the case of a bank or trust company, its principal office)and interest(s) in kthis proceeding of the petitioner(s) are as follows ' Name: ELXM AXIF�T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domicile or 970 Salt Marsh Lane Principal Office: . .. . . . . . . . . . . . . . . . . ... . . . . . Peconic (street and m Nuber)' New York 11958. . . . . . . . . . . . . . . . . . . (City,Village or Town) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Stale). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "11dillit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 99FAiGiIe OF (City,Village or Town). . . . . . . . . . . . . . . . . . . . (State]. . . . . . . . . . . . . . . . . . .. . . . . ... . . . . Citizen: of. . . U.S.A. , , . . .IX Executor(s) named in decedent's Will Interest(s) of Petitioner(s): presented herewith (Check one) O Other (Specify). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The name,domicile, date and place of death, and national citizenship of the above-named deceased are as follows: (a) Name: .. . . . . . . . . . . . . . NELSON AXIEN . . . . . ED RD NEI.SCN AXIIIJ (b) Date of death. . . . . . . . . . . . . .October 1 , 1�83 ✓ . . . . . . . . (c) Place of death. . . . . . . ... . . Pol?oj'gr. New York. . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . (d) Domicile Street. . . . . . . . . . . .979. Salt Marsh.Tppg . . . . . . ... . . .. . . . . . . . . . . . . . . . . . .. . . . ... . . . . . . City, Town Village. . . . . . . . . Po�lZo . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County. . . . . . . . . . . . . . . . . . . S�ffPj. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State. . . .. . . . . . . . . . . . . . . . . NLnN.Y4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . (e) Citizen: of. . . . . . ... . . . . . . . .UU.S,.A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . (3) The Will, herewith presented, relates to both real and personal property and consists of an instrument or instruments dated as shown below,and signed at the end thereof by the decedent and the following attesting w nesses: ✓/ November 24, 1982 Joan Hindermann William Wickham . . . . . . . .a;;Wv . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . .`. . . . . . . . . . . . . . . . .. . . . . . . . . . . (Date of WIII) (All Witnesses to Will) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Date of Codicil) (All Witnesses to Codicil) (4) There is no other will or codicil.of the decedent on file in the Surrogate's Court, and upon information and belief, there exists no will,codicil or other testamentary instrument of the decedent 4ater in date to any of the instruments mentioned In paragraph (3) hereof except those set forth below: NONE SURRO��t (state the (5) The decedent left surviving:.: . . . . . . SbfF i O?) person:In. (a) ( 1 ) Spouse (husband/wife). NO who would (b) ( nd Child or children;or descendants of predeceased child or children. 171983, Inherit it n�/� decedent (c) ( nd Father/mother. r,l had died ) (d) ( x ) Brothers or.sisters, either of the whole or half-blood;or descendants of such �/PQ((/�O predeceased brothers or sisters. HIEF (IRK (e) ( x ) Grandfather/grandmother. (f) ( x ) Uncles or aunts. (g) ( x ) Descendants of predeceased'uncles.or aunts. (Information Is required'only as to those classes of surviving relatives who would take the property of decedent It there were no will.The term '•child or children"Includes adopted as well as natural children.State number of survivors in each such class.Insert"X"In all subsequent classes. Insert"NO"In all prior classes.) 33.550.. P1-11/82 Par.6 a a b (6) The names, relationships, domicile and addresses of all distributees, of each person designated allupersonsdc in the Wiff herewith presented as primary executor, of all persons adversely affected by the purported as shown by exercise by such Will of any power of appointment, of all persons adversely affected by any codicil and Par.5 of all persons having an interest under any prior will'of the decedent on-file in the Surrogate's Court, are hereinafter set forth in subdivisions (a) and (b): ' Use Rider (a) All persons and parties_ ..so interested who are.of full age and sound-'mind, or which are sheet if corporations or associations, are as follows: Space in ran. t Name, Domicile and Relationship Descri tion of Le ac , Devise or Is not P P 9 Y '.. Sufficient P.O. Address Other Interest,or-Nature of P1. E AINE �A�3V — pet. wife Fiduciary Status Salt Marsh Lane Sole distributee, legatee Peeonic, N.Y. 11958 and executrix (b) All persons so interested who are persons under disability, are as follows: (Furnish all Information specified in NOT E following 7b) Name, Domicile and Relationship Description of Interest P.O. Address NONE (7) The names and domiciliary addresses of all substitute or,successor executors and of all trustees, guardians, legatees and devisees, and other beneficiaries named in the Will herewith presented, other than those named in Paragraph(6), are hereinafter set forth in subdivisions(a)and (b): (a) All such other legatees and devisees who are of full age and sound mind, or which are corporations or'associations, are as follows:. Name Domicile and Description of Legacy, Devise or P.O. Address Other Interest or Nature of Fiduciary Status WILLIAM'AXIEDi 1010 Rid Avenue. Contingent executor P Holly Hill, Florida 32017• M EUGENE MASSAIIIA 681 N.E. 29th Avenue Contingent executor . Okeechobee, Florida 33472 (b) All such other legatees, devisees and other beneficiaries who are persons under disability are as follows: (Furnish all Information specified in NOTE below) Name Domicile and Description of Interest P.O. Address NONE (NOTE:In the case of each Infant state(a)name•birth data,relationship to decedent,domicile and residence address,and the person with whom he resides;(b)whether or not he has s court appointed guardian and if not so state,and whether or not his father.or II dead,his mother,Is living;and fc)the name and residence address of any guardian and the information regarding the appointment and any living parent.In the ease of each other person under disability state(a)name,relationship to decedent,and residence address;(b)facts regarding his disability,includiAg whether or not a committee.conservator•or any other fiduciary has been appointed and whether or not he has been committed to any Institution;and(c)the names and addressm of any committee,any person or Institution having cam and custody of him,conservater or guardian,and any relativeor friend having an Interest in his wallare.In the cats of person confined as a prisoner,state place of Incarceration And list any person having an interest In his weilare.In the case of unknowns,describe such penwns in the same language as will be used in the process.In each case give a brief description of the party legacy,davlse or other Interest as in paragraph,(6)hereof.) (8) There are no persons h. ested in this proceeding other than t. .e hereinabove mentioned. (9) a. To the best of the knowledge of the undersigned the approximate total value of all pproppertyy cortstitutiag the decedent's gross testamentary estate is not more than$?50,000.99norlessthan$ 100,00.0.0.0 (9). b. There are no other testamentary assets, and there exists on behalf of decedent no cause or causes of action except the following herein listed . . .. . .. . . . .... ... .. .. . .... . ... ... . .. . . ...... . .. .. .. . ... . . ... ... . .. ... ... ... . .. .. .. .. .. .. . . . . . .... . .. . .. . ... . . ... .. ... . . .. .... ... . . ... ... ..... . . . . . . .. (10) Upon information and belief no other petition for the probate of any will of the decedent or for letters of administration of the decedent's estate has heretofore been filed in any court. WHEREFORE your petitioner(s) pray(s) (a)that process be issued to all necessary parties to show cause why the Will herewith presented should not be admitted to probate: (b) that an order be granted directing the service of process pursuant to the provisions of article 3 of the S.C.P.A.,upon the persons named in paragraph (6) hereof who are non-domiciliariesi or whose names or whereabouts are unknown and cannot be ascertained, or who may be persons on.whom service by personal delivery cannot be made; and (c) that such Will be admitted to probate as a will of real and personal property and that letters issue thereon as follows:(Check and complete appropriate request.) ?3 Letters Testamentary to EI AM.AXIEN. . : ............ ...... . ................................................................... ................................. ........................................................................................................................................................................... ❑ Letters of Trusteeship to................................................................................................................................... ❑ Letters of Administration C.T.A. to................................................................................................................... without bond, and that petitioner have such other relief as may be proper. Dated: October .J0. . . .1983. . . . �'�`�`� . . . . . . . . . .. . . . . . . . . . ElalIle Axieri lPatitloner) . . . . . . . . . . . . . . .. . . . .(Pethiohe'6. . . . . . . . . . .... . . . . . . . i COMBINED VERIFICATION,OATH AND DESIGNATION STATE OF NE•W )RRK (For use when a petitioner to be appointed County of . .Sf0. . . . . executor is not a bank or trust company) 1, the undersigned . . . . . . . . EIAIDM AXIEN. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, say: (1) VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. (2) OATH OF EXECUTOR: I am over eighteen(18) years of age and a citizen of the United States: I am the executor named in the Will described in the foregoing petition and will well, faithfully and honestly discharge the duties of the office and the trust reposed in me and duly account for all moneys or other property which may come into my hands. I am not Ineligible to receive letters. (3) DESIGNATION OF CLERK FOR SERVICES OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of Suffolk County, and his successor in office, as a person on whom service of any process issuing from such Surrogate's Court may be made, in like manner and with like effect as if it were served personally upon me whenever I cannot be found and served within the State of New York after due diligence used. My domicile is , . ,970 Salt Mar j �� Secmic, Ne prk 11958 SUFFO[K O jkT UNTY. r. . . .��.-.:.`'� ' '(Signature f Petitioner) "V 1 7 i983(If more than one Fiduciary use separate Verification.Oath and °► ue�,� Designation) On. . October. .p!0. . . ., 19.83M1�' 4QftWN®onal ly came. . . . .ELAII� A}I.[J . . . . . . .. . . . . . . . . . . to me known to beQN06iflRoescribed in and who a cuted the foregoing Instrument. Such person duly swore to such Instrument before me and duly ac owledged at . . . . . .Vie. executed the same. ' JOAN HINDERMANN t NOTARY PUBUC,State of New Yo No.62-6905650-Suffo0c Cou (tvo ary ublic Commission Expires March 30,1 COMIBI-N Q V w t�1F1C•AT dW,`.0ATtH-AND DESIGNATION ,,,. • Las ls• - E v,+ .,K . STATE OF NEW YORK 3 a.. � �iysS� i aJt.�� (Fur use when a petitioner to be appointee County of . . . . • . • • • • • • executor is not a bank or trust company) I, the undersigned . . . . . . . . . . . . . . . . . ... . • . . • • . . . . . . . . . . . . . - - • • • • • • • • being duly sworn, say: (1) VERIFICATION: I have read the fbtegoing petition subscribed by me and know.the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe It to be true. (2) OATH OF EXECUTOR: I am over eighteen•(18)gears of age and a citizen of the United States: I am the executor named in the Will described in the foregoing petition and will well, faithfully and honestly discharge the duties of the office and the trust reposed in me and duly account for all moneys or other property which may come into my hands. 1 am not ineligible to receive letters. (3) DESIGNATION OF CLERK FOR SERVICES OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of Suffolk County, and his successor in office, as a person on whom service of any process issuing from such Surrogate's Court may be. made, in like manner and with like effect as if it were served personally upon me whenever I cannot be found and served within the State of New York after due diligence used.. Mydomicile is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Siijnaltire of f•eliluiner) (It more than one Fiduciary use separale verilicaUnn,Oath and Designation) On. . . . . . . . . . . . . . . . . . . .. 19. . . . . .. before me personally came. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and.duly acknowledged that . . . . . . ... . . . . . . . . . . . . . . . . . . executed the same. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Notary Public Slate of New York) Q> N 7 N : O> U LL 0 Z N k :in: `hv `a o o 0 ov :H. � 06 ULu Lu : m c 3 '�U'N •I` w O ccO +j.r-� I � c L~t> O a Q -j -4J.ln; Z E p) CC In :41: 69 q Lti N Ia. I 4X) Z H 3 iii G I u_ o Q fn Z :I o a Z R LL a t I Z lL U Q . a � ;f113 wviolON AtCOR040 pS,a1CT N '54 MEW YORK STATE I� M��EL�Fick 1 I I I-� Raasrta NUMe6a DEPARTMENT OF HEALTH CERTIFICATE OF DEATH SIA113/1"I OISIRICI 1.NAME-11R31 M10DL6 LAST EA OfOlA1Ns G /HYAL MONI. DAY KARLLI NELSON AXIEN °�LLI� 1G ;13 , 9E3; A. ,.AGE IFUNDERI VEAR IP UNDER$DAY S.Dect O(PIT GOA. •.VHtBq U.6nMlO FOgCC61 ),lOCMl 6QWAITY NYMSER MON1n3 oA,• MWRS IfNY1l6 YONIII W V YlMI NO Yffs O,CS.SPECIFY WAR OR DATES 1 1 ® � O!elRYCE i7lYEARS '1 I 127-09-546- SA.COUNT,Oi USATH •O.LOCALITY ICHECx O.G ANO SP6CWY1 •C.NOSP,IAL OR OIII@A Ir 311TUTION ,•O I IM NppSSPIIAL A 6F IN I N ►• pQm OF IIcE NCIr11E(�rL�7 GN �LDOflC331 INSIIry110N MN Cx ON(1' ADMIDSION DATE, •� _ ; UounLL 9RUrIS Rd. 'Q❑DDA MONIN pAV Vt•R W Suffolk ; [IT—NSF Southold ;]O!Y@RDE'KY1N)OM 1 pYILLAI,e or , Peconic,N,YI 13 OUIMT16Nl IN►ATKNT 81 •STATE Of U1ATR 10.C1T EN WMA f1.....TALST^TUSK.ECKOM[I. 11 SUAv,VUW SFp)SE{V Int GIV MAIDEN NAME), ICOUNT"YV NOI USA, COUNT"? � 10 NEVER YARR1lO - 7❑W100YKD N. Y. U, S, A. 10 M•na1[D OR saPAa•r6o A Q awActD Elaine Massarell'a 1].RACE:W.IIa.OLAC,L I•.IPr SCN C oqG" ❑n[ o®No I]:HOUCAIION aDICAIE HIGHEST DRAW COMPLn E00.11 AM6gI"N INIIMN. 1 DINER ISFlC.", 1❑YEAN:AN '00rfRSFANISN (LSU0NTARY NLON SCHOOL COLL/W 1 PUlATD RICAN OR,G,N Mf ewr 0 1 ] 3 • • T • 1 1 ] 1 1 7 •, t ry. SO cue- 0000000013 O ❑ 019 130000 L4hite •[]60.1..MlRICAN GO 01 W OS a OS OR Or as of 10 It It 13 1, 1. 14 It 1•A USUAL OCCUPATION IDO NOT UNTUR RETIRE DI 10 /0 11 SS 1NW IflY I NILME ANOLOCALIT,OF/IRMO,ICOM►ARV Enginnrr 1� o°F' `� Yns�rumente;`perry Lake Success,L. I. 1,A ei•TH ,170.EOUNIY I7 LOCAUIVICHW ONEANOSPQCIf1') ,?Ie.li CllY Oq WLLAOt.l9 REeID@NC I , ❑CRY Of I , VDI MN on On VILLAGE LIMITS? USUURE510ENCE w N. Y. ; Suffolk Q",;,G oP FE?CUI:1C 'p "� ,fNo,efeafrrowN: WHERE DECEDENT o ---------=-c�--------- -------- -----i ,,D SIREHT AND MUMS6R OP RHOID6NCH nNCLU W iV CODl1 �tyEO' .� W Sound .Shore Road 11958 Southold FIRST MIDDLE LAST I Nf)EN Put , MIOOIe WT ;^ op Oscar Axien ,NAMe& Helen Dci Rhty A MOTHER: 1•A NAM@ Of INFORMANT 11.0.MAILING ADORE9811NCLYDt ZIP CODE1 Elaine Axien ; Sound Store Rd. Peconic,N.Y,11958 ifi aaA OTNHNOISPOSRIION'{L PEC SYj,ON YONTR OAY YEAn SOS.PLACQ OP OIIDIAL CREMAT .REMOVAL,Oa 70C.LOCATION(CITY On TOWN.STATE, z 9i S4Yi4� Con�4emorial; F Cremation '10 : 14A 8� I Corarr., ;,E1A NAM6 AND ADDRGSS OP FUNERAL NOMt ,110.aIOISTMTION NO. 0. DeFriest Funeral Nome., Inc. r4a9.r1. PLC?..`I;t: :Lo]i,, Y. Y. ; Gc:Ffi•£! O23A.NAME Of FUNERAL DOILMOR ,]]0.01 ATYR!Of .1u4RAL REC A ]1C RE017TAATIOM NO. David E. DeFriest �,. p,YT;Ap. n.rco 06228' ]X OIONAIUNE Of REG13TRAR ICAIE I.O.T.1 DAY 1111A,OURIAL ON REMOVAL►EAMIT UISUOD N0, MONTH OAY YlAN I PILED; I47 1 TO OE COMPLETED BY TO COMPL T B n. CERTIFYING PHYSICIAN ONLY —OR3. CORONER OR MEDICAL EXAMINER ONLY A.TOT.!O6ST W YY 6DOH.OGATN Ugn40 AT 1"I A.ON 1 1!RAS13 OP 9l 1VAIND.AND/OR UNOSTIOAT,ON, TWH."Tl AND ! DWETO T. l3 S1AT60 IN MY OPINION WATN OCWnnED AT TITS T$Me.OATQ ❑COWNM MON1N OAY vtAR AND PLACE AND DU l TO THE CAUSES OTATRO CORONE" Q may, > /.` /3, SIGNAnne .❑nLY31CY`. WawNATy1Ie ..i ........../.'...`.... ................................. d TITLE P...................................................................... awu M(A ILL D.,In:MIY6K1AN AnHN WO1Hl DGCHASFO C.LASr OeEN Auv! O.PRONWNCEODHAD IC.NQLA O.CATS SIGNED f YONM OA, ,fM YONTN WY bAR YpITN DAY ,QAP YONM 'W, '/4A YO,ITN DAY YEM Q L� p y fWJ PROM: f 1/71 G.,� TO: /0 1 E,1 f131 I ZU1�3 ON 1 I.AT Y.T I 1 1 U.NA M60PATTENDIMG M SICMN.VOTNHRT"AMCQRTVten H.SIONAf URE Ot CORONtA'l MYOM}AN.VOTNEq 1NAN CEAiIN[A ' C] ..........V3lCM........ICAL............................................................................ M NAME ANO AW A[SS OP CERTIFIER IPNYa1CMM,CORONC0.MEDICAL EXAMINER.CORONlg9 PNY0ICUW,MEDICAL pRCROR) muL in. BOSS adx 11106 SO L0 / ( I15)1 17. OEATHW.LSCAUSESOY ENTEn ONLV ONE"USE PER LIKE TO.IALIOLANDIC4 P" N Ny('AI,o YA:r TART I.IMMEDIATE CAUSE ux4d o,n a f. V,wxtx IA) QVLPL GAVE A Jl WVE[$E EO W6TO.OR AS ACON940UENCH OF: CAUSE uzl w lD) 7''•L'f6LS7771C C/9�k' vvyx/a• 64 G-- SrATINGIIfE WE TO.OR AS A CONSEOUENCE OF: eeDERLT,; CAU31 S11 T., W ICI .f1 J V Ny :q°�( LNOTOSAAIUFART6 UeCM OVN," �go*oc:ue Y O ryV I OREL ]p S.IP YE7•W6ne FINN03 ON3,0[R601N70.WCse REFlRlA iaV6NN OITENMININOTNE"USIOFWATII? TOCORONEROR 1❑t[0 REO ❑ ]❑NO I MEDICAL/wNR1 p V03 1(-j No 30A.SPECIFY IF ACCIDENT.HOMICIDE. SOU,OAT P i0C H�yn Q• 300.W6CR10[ROW INAIRY OLX11Rg60 SUIG 011.UND6TEAMINED,PENOINO ,rONRI wr r7AA I URV 1 1 INVESTIGATION ' I SOD.-AT A WOR., ,30P.PLACe OP INJURY:NOMS ,.x10.LOCATN)N 10Tfl4! y 0I-TOWN.CDUwYV.ETATt) YES No , FACTOR'.OFFICE OLDS.HNC. s > ❑ ❑ 1 1 A'COU O��?! TATE OF NEW .YORK YB OUNTY OF SUFFOLK I, JUDITH T. Tj 'gistrar of Vital f.fice of the Statistics of the Town o R ld, DO HEREBY L'GISTRAR OF ss: CERTIFY that I have compareattached copy, ITAL STATISTICS with the endorsement thereon, the of the DEATH CERTIFICATE of 'OWN OF SOUTHOLD NRTSON AXTRN rJaZe of doa% + 30/32482 with the original now remaining on file in this office, and that the same is a correct transcript therefrom, and of the whole of said original. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this Z24-day of 4 ekz)Ae,E. i trar 6—f Vi 1 Stpristics STATE OF NEW YORK SURROGATE'S COURT COUNTY OF SUFFOLK Probate Proceeding, Will of NELSON AXIEN a/k/a EDfnTARD NELSON AFFIDAVIT OF COMPARISON AXIEN TO COPY OF WILL . . . . . . . . . . . . . . . . . . . . . . . . . . 11�y File No. ...l.il.(.1��... .. .! Deceased. ...... STATE OF NEW YORK,) COUNTY OF SUFFOLK,) .SS. MARY LOUISE DORM ALICE BURGON (We).................................................... (and)................................................. , being duly and severally sworn, say, (each) for . . . . . her self, that . .s he has carefully compared the copy of t!• decedent's will propounded herein to which this affidavit is annexed with the original will dated the . . .24.t.?. . . . . . .. J day of Nov. 19 81 . . . . ..about to be filed for probate and that the same is in all respects a true and correct copy of said original will and of the whole thereof. SWORN TO BEFORE ME ON THE. . �� . . . - DA F . . . . leer . . . . . . . . . 19 83 . wise Dohm NOV ARY PUBLIC,STATE OF NEW YORK pl>_oe Boman .LOAN HINDERMANN NOTARY PUSUC,State of New York No. 52.6905850-Suffolk County 911 Commission Expires March 30, 19-A7 SURRO f tee NOV ov �r 4aiCyAE 1 �1983, . IfF qfR P26-11/82 k 33.532 'i of NELSON AXIEN I, NELSON AXIEN, also known as EDWARD NELSON AXIEN, residing at 970 Salt Marsh Lane, Peconic, Town of Southold, County of Suffolk and State of New York, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all former Wills and .1 • Cbdicils heretofore made by me. FIRST: I direct that all my just debts, funeral and administration expenses, and expenses of my last illness, be paid as soon as may be practicable after my decease, and I further direct that all estate taxes, both Federal and State, be paid out of my residuary estate as an administration expense. SECOND: All the rest, residue and remainder of my estate, y both real and personal, of every nature and kind whatsoever and wheresoever situated, of which I may die seized and possessed, or to which I shall then be entitled, I give, devise and bequeath to my wife, ELAINE AXIEN, to be hers absolutely and forever. THIRD: In the event my said wife, ELAINE AXIEN, pre- deceases me, then I. give, devise and bequeath my residuary estate as follows: (1) TEN (10%) PERCENT to the SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH, New York City; (2) TEN (10%) PERCENT to the SALVATION ARMY, New York City; (3) THIRTY (30%) PERCENT to my brother, WILLIAM AXIEN, if he survives me; i (4) THIRTY (30%) PERCENT to my brother-in-law, EUGENE MASSARELLA, if he survives me; ; (5) TEN (10%) PERCENT to my niece, JOAN BROWNLOW., if she survives me; and (6) TEN (10%) PERCENT to my nephew, EUGENE EMIL , MASSARELLA, .if he survives me. I direct .that if any of the above-named individuals pre- j i -1- decease me, then his or her share shall be divided between the remaining individuals who survive me. FOURTH: If my wife, ELAINE AXIEN, and I shall die either under such circumstances that there is, reasonable doubt as to the order of our deaths, or in or as a result of common accident or disaster, I direct that I shall be deemed to have predeceased my said wife, and *this my LAST WILL AND TESTAMENT, shall be so construed FIFTH: I nominate and appoint my wife, ELAINE AXIEN, as I -.;executrix under this my LAST WILL AND TESTAMENT, to serve without (bond. In the event of the death of my wife, ELAINE AXIEN, or if she fails to qualify, resigns or ceases to act for any reason, then I I I nominate and appoint my brother, WILLIAM AXIEN, as executor under this my LAST WILL AND TESTAMENT, to serve without bond. In the i event of the death of my brother, WILLIAM AXIEN, or if he fails to 1 qualify, resigns or ceases to act for any reason, then I nominate i and appoint .my brother-in-law, EUGENE .MASSARELLA, as executor under I this my LAST WILL AND TESTAMENT, to serve without bond. j IN WITNESS WHEREOF, I have hereunto subscribed my name I j the 24th day. of November ,in the year Nineteen Hundred and Eighty-two. 7&� [ GC.✓+� Nelson Axien WE, whose names are hereunto subscribed, DO CERTIFY that on the 24 day of Noventer ,1982, NELSON AXIEN, the testator above named, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his LAST WILL AND TESTAMENT and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the day of the date of the said Will, and write opposite our names our respective places of residence I L1 residing at ' residing at I 1 bogus Y. is � • of NELSON AX EN i 1 Wickham, Wickham & Bressler, P.C, 1 LAW OPFlc60 MAIN ROAD MATTITUGK,LONG ISLAND NEW YORK 11052 Surrogate's Court SUFFOLK COUNTY Probate Proceeding, Will of V Deceased � Probate t st r i Letters & Decree Dated f li J 2,G ��1 a Recorded in Liber Page--- Will recorded in Will Libor Page YbA Now AT State ="I"I"NACE RELEASE OR LIEN OP ESTATETAX TAXATION (REAL PROPERTY) RELEASE IS 140T VALID UNLESS THE STATE SEAL IS AFFIXED TO THE RIGHT Or THE PROPERTY ORSCRIMON $1LOW. EACH COMPLETED a William Wickham DESCRIPTION REQUIRES A Main Road • PO Box 1424 SEPARATE SEAL. Mattituck Long Island Now York 11952 .q EN taut of Nelson Ax lacy ~" 10Duto of doath ...10-13-83. ea.-rt1 of ru�ldenc(► at tlmo of(loath.._- .Surfolk O O• Pursuant to the provision of Section 040-bh of the Tax Lew, tho lion rc/ any/ of the Rotate Tax importod by Article 10-C or Article 2tl of the Tax Law in hereby releacsed with ronpoct to the following described real property: Suffolk Book of Dood►+ or Libor At Page No..147__ '!IPiNo. � Oa Section No._OQfl.IlQ��_ _Block No.— �,.�QO_____ Lo� I�'o�..�.QBIaDRa._.:.... M �Propurty Adclror(K 970 Salt Marsh Lanes Paconics CoO _..� at iload -- ..- ------_-- ---- Cie iliat O �Book at booclr or Liher o 5. 7456. .. .._.__At c o 495 �O two N . Pax, N .. Ap No.. . l+eotic►n No. 067.00_ - - . Block No.- Ob e04 Lye:_004�.0 �q N. of Mina1 Avenue, Peconin ld9W k oProperty AdfiruKn A. - -•- sue, - - --./. -. Mirv.t'er I�wd' 1 nn,of vilrace . w 0 00 CIS k of Dordr or Libor No .._—_� f � � .f i},• `� At Pogo No. M�►P Noy •._....r Section No. .—Q -O-&Q:Q_ Rlock No. _._.Q1•00 _. Lot.;No._Q8AAM9 _:__ Property :ddronn_s _Puad -Y-m �...._ tune(or Roa Jq Own.•at Y11J�Ro .000 .00� 11 fit 1113 fA j DEPUTY COMMISSIONER AU-it?f WI Jill �II.IAv 'tit{ .+' ,,,•'a,l :� • .. fir. )i:... rti i x • :U M u .� tie U fZI f ,,A l • r 1T+�A*r�3v,,�fj• /3 1� sun I IIIIIII IIII Illli Illll IIIII IIIII IIIII IIIII IIIII Illl IIII I llllll IIIII IIIII IIII flll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/24/2006 Number of Pages: 3 At: 10:08:25 AM Receipt Number : 06-0051174 TRANSFER TAX NUMBER: 05-39677 LIBER: D00012451 PAGE: 638 District: Section: Block: Lot: 1000 068.00 03.00 008.003 EXAMINED AND CHARGED AS FOLLOWS Deed _Amount: $825,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $3,300.00 NO Com.Pres $13,500.00 NO Fees Paid $16,949.00 TRANSFER TAIL NUMBER: 05-39677 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County i 1 2 Number of pages CORDED 2006 Mau 24 10e08:25 ft1 TORRENS Judith P. Pascale CLERK OF Serial# SLFFOLX COMTr Certificate L D600 Sl P as Di# 05-39677 Prior Of.# Deed/Mortgage Instrument Deed!Mortgage Tax Stamp Recording/Filing Stamps 3 1•T:ES Page/1•iling Fee ` Mortgage Amt. — Handling 5. 00 I. Basic Tax — 2. Additional Tax TP=SK4 Sub Total Notation SpecJAbsit. or EA-52 17(County) Sub Total Spa./Add. EA-5217(State) TOT.MTG.TAX R.P.TS.A. Dual Town Dual Gmnty — Held for Appointment Comm.of Ed. 5. OD Transfer Tax gt — Affidavit � � •.� Mansion Tax I Cenifed Gipy The property covered by this mongage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. Otla:r _ YES or NO Grand Total If NO.we appropriate tax dance on of this instrument. 4 DW S don B oc '00 Lot S Community Pmmmation Fund . Real Proper 06017953 loon o6800 0300 00e003 Consideration Amount$ Tux Service Agency F'T S CPF Tax Due $ �3 Writication RJME A — Y-0 Improved 6 SaticfaLhionc/Diechargec/Rele Vacant Lund ases List Property Owners Mailing Addrme Tv /Q RECORD&RETURN TO: TD d��E.CiO/1A/� 0 7�y EJ'6!. � P0.6 //1/ Cvaz�d-o�vE� N y. //935' 7 title Company Information Co.Name R L V, T — Title# -3 8 Suffolk Count Rec—ordin- e & Endorsement Pa e This page forms pan of the attached � � made by: (SPECFFY WOE OF INSTRUMENT) .F L ArAI - AXr�rJ The premises herein is situated in SUFFOLK COUNTY.NEW YORK. _ 1 O In the Township of dMI In the VILLAGE EF77V. FA 47,L JJ J10 or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (o%cr) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) FORM 8007 CAtrtMN:THIS AGREEMENT SHOW)BE PREPARED BY AN AITORKEY AND REVIEWED BY ATTORNEYS FOR SP.11ER AND CHASER BEFORE SIGNING. THIS INDENTURE,made the / day of fif y .2006 between ELAINE AXIEN,residing at 14D Founders Landing,Southold,New York 11971. as Sole Devfj'ae jMd81dt�elser�tAz e�,aadcle.Sta°ent of Nelsen Aaien, party of the first part,and Jonathga Gilson and Regina Ebel,husband and wife,both residing at 310 East 466 Street.New I q 1 York,New York 10017 ll party of the second pan. WITNESSETH,that the party of the first part,in consideration of TEN DOLLARS(S 10.00). lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold.County of Suffolk and State of New York,being trtorc particularly bounded and described as follows: BEGINNING at a point on the northerly side of a 33 foot right of way at the southwesterly corner of land now or formerly of Rivka Schoenfeld and the southeasterly comer of the premises herein described; RUNNING THENCE South 81 degrees 22 minutes West along said 33 foot right of way. IS 1.54 feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees I 1 minutes 10 seconds West along said land 317.44 feet to the average high water mark of Long Island Sound;. THENCE easterly along said average high water mark of Long Island Sound on a tic line bearing North 64 degrees 28 minutes 55 seconds East,a tie line distance of 108.85 feet to land now or formerly of Rivka Schoenfeld; THENCE South 43 degrees 52 minutes 50 seconds East along said land,369.95 feet to the northerly side of Ile 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the southerly line of said premises;thence over 20 foot right of way running through land of Elaine Amen and land now or formerly of Henry Smith to Henry's Lane. i TOGETHER with a right of way running southeasterly from said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 5/17/43 and recorded on 5/28/43 in Liber 2289 page 147. TOGETHER with all right,title and interest,if any,of the party of the first pan in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part In and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first pan has net done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first pan,in compliance with Section 13 of the Lien Law,covenants tint the party of the first pan 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 cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WIIEREOF,the party of the first pan has duly executed this docd the day and year first above written. Elaine Axien f STATE OF NEW YORK :ss. COUNTY OF SUFFOLK On the j( day of 04 my ,2006 before me,the undersigned,a Notary Public in and for said State,personally a peared Elaine Axlen personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that she executed the same In her capacity,and that by her signature on the instrument,the individuals.or the person upon behalf of which the individual acted,executed the instru t. tary lie RUDOLPH H.BRUER NOTARY PUBLIC,STATE OF NEW YM I90,52-0465530 COAOUALIFIED IIHII SION IEXPIRESS�YIARCH 3N0"O 7 1 1 C' IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIU IIII I Ililll IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/20/2018 Number of Pages: 4 At: 02:24:56 PM Receipt Number : . 18-0237831 TRANSFER TAX NUMBER: 18-17688 LIBER: D00012993 PAGE: 760 District: Section: Block: Lot: 1000 068.00 03.00 008.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $946,000.00 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 $125.00 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 $15,920.00 NO Fees Paid $16,315.00 TRANSFER TAX NUMBER: 18-17688 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages- RECORDED. 2018•Dec 20 02:24:56 P11 This document will be public JUDITH A. FPSCRL.E record. Please remove all CLERK OF COUHTY Soclal Security Numbers �L D00OLK 12993 l D00012993 prior to recording. P 760 - DT# 18-17688 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp j Recording/Filing Stamps 3 FBFS Pago/Filing Fee I Mortgage Amt. Handling 20. 00 1. Basic Tax 2. Additional Tax TP-584 — Sub Total _ Notation SpecJAssit. EA-52 17(County) O1 Sub Total Spec./Add. _ EA-5217(State) TOT.MTO.TAX R.P,T.SA. _ Dual Town Du Comm.of Ed. 5. 00 Held for A Thandfer Tax Affidavit �� Mansion Tax _ Certified Copy The property covered by this mortgage is or will'be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. Other _ (� YES or NO Grand Total 1� If NO,see appropriate tax clause on ago of this ins 18042938 g 3 5 mmunitp Preservation Fund R�pn 1000 06800 0300 008003 Tax Se p T S II�f�Illlalllf I�I�II��f CPF gideration Tax> e Amounta s 9 6 a o- Agec R pTy A Verific; 10-DEC-1 Satis,acuunsryisc es/Keleases LisCPro Improved 6 RECORD&RETURN ners Mailing Address Vacant Land 76(. TD 0t.,i"G.k.,gt,..c, Ny Ilg3S TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Tale COMI)anV Information 310 Center Drive, Riverhead, NY 11901 BNT/cT www.suffo[kcountyny.gov/clerk . TYfles Yo —o?lao s Suffolk Countv Recording & Endorsement Page This page forma part of the attached made by: /1 (SPECIFY TYPE OF INSTRUM RM �a�+�►,AN .G I s o r.)' The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO. .In the TOWN of yT„o 1 eQ In the VU1 AGE or HAMLET of C-0 la L BOXBS 6 THRU 8 MUST BE TYPED Olt PRINTBD IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. tuiouaam (over) Standard N.Y.B.T.U.Form 8002--Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made this Q ~'0 day of November,two thousand and eighteen BETWEEN JONATHAN GILSON & REGINA EBEL, being married to each other,residing at 310 East 461h Street, Suite 23H New York,NY 10017 party of the first part, and STEVEN BRUNI & KIMBERLYk BRUNI; ,ems flas6�,adP �' w:. residing at 24 Sunrise Lane Pearl River,NY 10965 party of the second part, WITNESSETH,that the party of the first part,in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being SEE SCHEDULE "A" ANNEXED HERETO. BEING AND INTENDED TO BE the same premises described in the deed of the parties of the first part herein by deed dated May 11,2006,recorded in the Suffolk County Clerk's Office on May 24,2006,in Liber 12451,Page 638. TOGETHER with all right,title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances,and also all the estate 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. FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-002120 SCHEDULE A-1 (Description of the Land) 6 For Tax Map ID(s): 1000-068.00-03.00-008.003 AMENDED 11/08/2018 ALL that certain plot,piece or parcel of land,situate, lying and being in the Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of a 33 foot right of way at the Southwesterly corner of land now or formerly of Rivka Schoenfeld and the Southeasterly comer of the premises herein described: RUNNING THENCE South 81 degrees 22 minutes West along said 33 foot right of way, 151.54 feet to land now or formerly of Bianca Mohammed and Noel Mohammed; THENCE North 40 degrees 11 minutes 10 seconds West along said land 317.44 feet to the average high water mark of. Long Island Sound; THENCE Easterly along said average high water marls of Long Island Sound on a be line bearing North 64 degrees 28 minutes 55 seconds East,a tie line distance of 95.08 feet to land now or formerly of Rivka Schoenfeld; THENCE South 45 degrees 52 minutes 46 seconds East along said land,374.51 feet to the Northerly side of the 33 foot right of way and the point or place of BEGINNING. TOGETHER with a right of way over said 33 foot right of way running along the Southerly line of premises;thence over 20 foot right of way running through land of Elaine Axien and land now or formerly of Henry Smith to Henry's Lane. TOGETHER with a right of way running Southeasterly from said 33 foot private roadway through lands of Carmichael and Anlyan to the East to Lake View Avenue and thence to Mill Lane. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A commitment kv Title Msurance Pdnted: .11.08.1a @ 07.48 AM Schedule A-1 Oescdptron NY-FT-FRVH.p1030.431004SPS-1-18-7404-002120 AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises'have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 improvement before using any part of the total of the same for any other purpose. The word "party"shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has dul executed this deed the day and year first above written. IN PRESENCE OF: G� JONATHAN GILSON REGINA EBEL STATE OF NEW YORK,COUNTY OF SUFFOLK SS: On the.,Z�y of November in the year 2018,before me,the undersigned,a Notary Public in and for said State, personally appeared JONATHAN GILSON and REGINA EBEL,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed same in their capacity,and that by their signatures on the instrument,the individuals, or the persons upon behalf of which the individuals acted,executed the instrument. Notary Public DEBORAH DOTY Notary Public, State of New York No.02D04829478-Suffolk County Commission Expires February 28,20 2.2:- 'ESSEKS, HEFTER, ANGEL, DI TALIA & PASCA, LLP COUNSELO LAW MAIN OFFICE.MAIL&SERVICE 108 EAST MAIN STREET P.O. BOX D 1 RIV E RH EAD, NY 119 11901-0279 PARTNERS CARMELA M.DI TALIA December 30, 2025 SOUTHAMPTON OFFICE ANTHONYC:PASCA (�AQO 30 MAIN STREET AMANDA STAR FRAZERy SOUTHAMPTON,NY 11968 USA D.7YMANN KIM A SMITH EAST HAMPTON OFFICE 15 RAILROAD AVE..SUITE 1 SENIOR COUNSEL EAST HAMPTON.NY 11937 STEPHEN 2 ANGEL MARCIA Z.HEFTER WWW.EHALAW.COM (631)369-1700 COUNSEL Zoning Board of Appeal FAX(631)369-2065 CHRISTINE PERRUCCI (NOT FOR SERVICE) SMITH Town of Southold ELIZABETH L BALDWIN 54375 Main Road PATRICIA M.CARROLL ASSOCIATES Southold, NY 11971 LAUREN K PETERSEN MEGAN E.CASE RE: Applicants: Steven Bruni and Kimberly Bruni DEANNACINQUEMANI pp Premises: 970 Salt Marsh Lane, Peconic OF COUNSEL JAMES SPIESS SCTM#: 1000-68-3-8.3 WILLIAM W.ESSEKS (1934-2022) Dear Chairperson Weisman and Member the Zoning Board of Appeals: On December 16, 2025, our office submitted two applications under the same cover letter. 1) The first application seeks an appeal of the Building Inspector's Notice of Disapproval, dated October 27, 2025, finding our clients' lot, 970 Salt Marsh Lane, merged with adjacent lot to the west, 990 Salt Marsh Lane, (SCTM# 1000-68-3-8.4). In the Notice of Disapproval, the Building Inspector found that a Waiver of Lot Merger is required. This application also included a variance request should the appeal and Waiver be denied, though the variances required were yet to be determined by the building inspector. 2) The second application is an Application for a Waiver of Lot Merger. After further discussion with the Assistant Town Attorney's office, it was determined that the applicants should withdraw the variance request from the appeal application. Therefore, on the advice of the Assistant Town Attorney, we are respectfully withdrawing our variance request portion of our application submitted on December 16, 2025. We will forward the amended application pages, as requested. December 30, 2025 Page 2 We are reserving our clients' rights to submit for variances should the ZBA uphold the Building Inspector and deny the Waiver of Lot Merger. Additionally, we ask that the fee submitted for the variance ($750.00) be held in abeyance until it is determined whether our clients will require a variance request application in the future. Should it be determined that our clients do not require a variance application, we request a refund of the $750.00 application fee. Should you have any questions, please do not hesitate to contact me. Sincerely, Elizabeth Baldwin 4931-6039-8213,v. 1 1 ZBA CHECK FEES - 2026 Funding Account-B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO Patricia Moore for: 2/4/2026 Narrow River Properties LLC 8102SE $1,000.00 1638 2/17/2026 2/11/2026 Bruni(REVERSAL) 8103 $1,000.00 46572 2/17/2026 2/11/2026 Bruni(WAIVER OF MERGER) 8C 104� $2,000.00 46424 2/17/2026 2/17/2026 Blue Marlin Realty LLC 8105 $1,750.00 1609 2/17/2026 $5,750.00 RECEIVED FEB 1 8 2026 Southold Town Clerk awn of Southold P.O Box 1`179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/18/26 Receipt#: 351401 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 8102SE $1,000.00 1 ZBA Application Fees 8103 $1,000.00 1 ZBA Application Fees 8104 $2,000.00 1 ZBA Application Fees 8105 $1,750.00 Total Paid: $5,750.00 Notes: Payment Type Amount Paid By CK#46572 $1,000.00 Esseks, Hefter, Angel, Di Talia & Pascal CK#46424 $2,000.00 Esseks, Hefter, Angel, Di Talia & Pasca, CK#1609 $1,750.00 Finnegan, Law P. C. CK#1638 $1,000.00 Patricia C Moore Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. PO Box 1452 Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:8105 BOARD MEMBERS *0f so�ryo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O 01 0 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office Location: Nicholas Planamento G,'Ae • �OQ Town Annex/First Floor Margaret Steinbugler OIiYC�UIY l 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 4, 2026 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 4, 2026: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at hftp://southoldtownnV.qov/calendar.aspx. 10:10 A.M. — STEVEN BRUNI AND KIMBERLY BRUNT #8104 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-68-3-8.3 which has merged with SCTM No. 1000-68-3-8.4, based on the Building Inspector's October 27, 2025 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot which has been held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located at 970 and 990 Salt Marsh Lane (Adj. to Long Island Sound) Peconic, NY. SCTM Nos.1000-63-3-8.3 and 1000- 63-3-8.4. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/webiink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: May 22, 2026 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O. Box 1179 H Southold, New IYork 11971-0959 2 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: May 4, 2026 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; The.Tune 4, 2026 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall-Meeting Room at 53095 Main-Road, Southold AND via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, pleaseI III see instruct�io�ns required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than May 27, 2026. To avoid weather damage to your Isign please affix it to a sturdy surface such as plywood. If your . sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled`hearing will be adjourned to a later date to ensure compliance with Chapter 554 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing.' Instructions for participation will follow, and will be posted on the Town's Website under the meeting date; and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to.be completed by you, notarized; and returned to our office along with the mailing receipts and green-cards by May 27, 2026, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. - MAILING INSTRUCTIONS: Please, send by }S�P�S Certified Maiil Return Recei the following documents 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. Instructions for ZBA Pub, rearing Page 2 Please mail documents to the legal mailing address. (as on file with Southold Town Assessors Office)_Mailing to be done by May 18, 2 26 a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or LISPS to,our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed-improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold> Assessors> Assessment Books/Tax Rolls>' https://southoldtownny.gov/DocumentCenter/View/11008/tentro112025-1 I�1VIFP�®�RTA�NT I�NS�TTyRUC�TdI,OO NfS: Scan and a mill the LISPS ailing recei�pt�s, green s4ganature cards and a�ff�dawit�s �to kurnf s_oust�holdtoWainy.gov, and ** PROO M TMLY U}S1PS MAUL** the 0RIGI1NALS to. ;th`e Town oaf Soust�hold, SBA, P.O+ . Box 11'19, Solust�hold, N!Y 119�7I�1. Please note that without your mailing receipts, the. ZBA will be prevented from conducting your hearing,pursuant to Chapter. 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. **_*_PLE_ASE NOTE*** : THE LAST DAY TO SUBMIT WRITTEN DOCUMENTS TO_THIS UFFICE_FOR THE BOARD MEMBERS WILL BE THE FRIDAY PRIOR TO THE PUBLIC; HEARING. AFTER THAT, NO.DO_C_UMENTS WILL BE ACCEPTED BY THE OFFICE BUT ;CAN BE SUBMITTED TO THE BOARD MEMBERS AT THE PUBLIC HEARIN—G Kim E. Fuentes—Board Assistant 14uTI (; . . , HLA i4tmi The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will also be available VIA ZOOM WEBINAR - Follow pink - httpo.//southoldtownny.gov/calendar.aspx AME m BRUNT , STEVEN # 8104 SCTM # : 1000-68=3=8m3 & 8m4 VARIANCE: WAIVER OF MERGER r-,EQUESTO. UNMERGE LOTS 8. 3 FROM 8m4 DAT E THURSDAY, JUNE 4, 2026 10: 10 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 r Westermann, Donna From: Michaelis,Jessica Sent: Thursday,January 15, 2026 9:05 AM To: Westermann, Donna Cc: Westermann, Caitlin Subject: RE: LWRP question The waiver of_merger_is a minor,action, an_ d not subject to_LWRP Review " -r ` Jessica Michaelis Planning Board Secretary Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold,NY 11971 Phone: 631-765-1938 Email: lessicaM Qsoutholdtownny.gov From:Westermann, Donna <donnaw@town.southold.ny.us> Sent:Thursday,January 15, 2026 8:38 AM To: Michaelis,Jessica <jessica.michaeIis@town.southold.ny.us> Cc:Westermann, Caitlin<caitlinw@southoldtownny.gov> Subject: LWRP question Good morning, We have an application for a Waiver of Merger that is on the water(LI Sound). Last I heard was in January of 2025 that these types of requests do not go to LWRP. Can you confirm that is still the case? Just don't want to create excess work for all of us. Thank you, Donna Aowwa Westerwtaww Z,ow%wg Board of Appeals Towv,of southol.d P.D. goX 115t9 southol.d, NY u9yr-I (63i) �65-1809 1 TOWN OF SOUTHOLD stol ZONING BOARD OF APPEALS 1 Appeal No. SOU THOLD, NEW YORK I7 u AFFIDAVIT OF In the Matter of the Application of- MAILINGS Steven Bruni & Kimberly Bruni (Name of Applicant/Owner) 970 Salt Marsh Lane, Peconic, New York SCTM No. 1000- 063.00-03.00-008,003 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( x ) Agent George Conklin residing at Calverton New York, being duly sworn, deposes and says that: On the day of May , 20 26, I personally mailed at the United .States Post Office in Riverhead ,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 (x ) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. C�WL ignature) . George Conkli`iiC"' Swor�to before me this ,� day of May 720 26. MINDYKCURVEN Notary Publta State of New York No.01CU4958797,Suffolk County (Notary Public) Commisslon Ares November 13.VU 2� 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. 6/5/26,9:13 AM USPS Tracking®I USPS t USPS Tracking® FAQs > Tracking Number: Remove X 9589071052702545381870 Copy Add to Informed Delivery Latest Update This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Get More Out of USPS Tracking: ; o U.S. ' r CERTIFIEDo REC EIPT USPS Tracking Plus® •ornestic mail only m 1 cc o. Delivery Attempt j "' OFF � C D A 0 L n Certified Mall Fee 9 X Reminder to Schedule Redelivery of you' n $ ra rvlces& ( bQx eddbea, I ru ❑Retum Receipt maracopy) $ May 23, 2026 o ❑Retum Receipt(elecbonic) $ M1, ❑Certtfbd Mall Restricted DeOvery S fe ru ❑Adult SW%ature Required S — 1 L n ❑Adult 14W=n Restrbtad EWK y$ Available for Pickup I o P7_- e PECONIC T Rivka Schoenfeld 5. Q 2575 PECONIC LN c3 s 800 Salt Marsh Lane PECONIC NY 11958-1443 I E Peconic,NY 11958 ---------------- Mon-Fri 8:00 AM-5:00 PM ; L Sat 8:00 AM-1:00 PM o- :,. r ---------------- May 19, 2026 10:56 AM Notice Left (No Authorized Recipient Available) PECONIC, NY 11958 May 18, 2026 12:36 PM Arrived at USPS Facility MID NY DISTRIBUTION CENTER May 17, 2026 7:50 AM Departed Post Office RIVERHEAD, NY 11901 https://tools.usps.com/tracking/9589071052702545381870 1/2 6/5/26,9:13 AM USPS Tracking® USPS May 15, 2026 5:03 PM USPS in possession of item RIVERHEAD, NY 11901 May 15, 2026 11:54 AM Hide Tracking History What Do USPS Tracking Statuses Mean? Text & Email Updates v USPS Tracking Plus® u Product Information u See Less^ Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/tracking/9589071052702545381870 2/2 6/5/26,9:13 AM USPS Tracking®i USPS 1 USPS Tracking® FAQs > ILA Tracking Number: Remove X 9589071052702545381849 Copy Add to Informed Delivery Latest Update Your item was picked up at the post office at 11:49 am on May 20, 2026 in SOUTHAMPTON, NY 11968. Get More Out of USPS Tracking: T CD USPS Tracking Plus® m CL fy n Delivered Delivered, Individual Picked Up at Post Office SOUTHAMPTON, NY 11968 May 20, 2026 11:49 AM i Q- e / CERTIFIED O RECEIPT Mail See All Tracking History Co Domestic What Do USPS Tracking Statuses Mean? I} m I OPK� t o S Ln Certified Mail Fee i $ '. �o Ln ExtraSery ces&Fees(check ac box,add fee as rul ❑Return Relpt N d—py) $ Text & Email Updates M ❑Return Recelpt(electmnlc) $ p M1 ❑Certtlled Nall Restricted Delivery S Here ru ❑Adult Signature Required S L ❑Adult Signature Restricted Delivery$ Postage USPS Tracking Plus® Peconic Land Trust P.O. Box 1776 _ Southampton, NY 11969 CID ---------------- Product Information ; Ln ------------------ ( L� See Less n https://tools.usps.com/tracking/9589071052702545381849 1/2 6/5/26,9:14 AM USPS Tracking®i USPS USPS Tracking® FAQs > Tracking Number: Remove X 9589071052702545381726 Copy Add to Informed Delivery Latest Update Your item was picked up at the post office at 1:11 pm on May 26, 2026 in SAINT JAMES, NY 11780. Get More Out of USPS Tracking: USPS Tracking Plus® m m a Cr Delivered Delivered, Individual Picked Up at Post Office SAINT JAMES, NY 11780 — May 26, 2026 1:11 PM i fti'l- CERTIFIEDWAV RECEIPT See All Tracking History r` Domestic mail only co What Do USPS Tracking Statuses M m7C.Irtifiedmailc . 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Box 496 -------------- Product Information j Ln cJi Saint James, NY 11780 --------------- I See Less^ Track Another Package https://tools.usps.com/tracking/9589071052702545381726 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT ' Y4 OF In the Matter of the Application of: POSTING Steven Bruni and Kimberly Bruni SCTM No. 1000- 063.00-03.00-008.003 (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I� George Conklin residing at Calverton New York, being duly sworn, depose and say that: I am the ( ) Owner or(X) Agent for owner of the subject property On the day of May , 20 26 I personally placed the Town's Official Poster on subject property located at: 970 Salt Marsh Lane, Peconic, New York and . ,990 Salt Marsh Lane,PPeconic, New York indicating the date of hearing and nature of application noted thereon, securely upon subject 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 June 4, 2026 (Owner/Agent ignature) George Conklin Sworn to before me this 3rd. Day of June , 2026 1AIlVD4lNL CURVEN Notary Pub ft State of New York (No ary P ic) 01CU4956797,Suffolk County Ccmmisslon F-Wres November 13,20 1?e5 * near the entrance or driveway entrance of property, as the area most visible to passerby 3N, SUFFOLK COUNTY LEGAL NOTICE LEGAL NOTICE . SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JUNE 4,2026 at 10-00 AM . PUBLIC HEARINGS 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 SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall Annex Lower Level,54375 Main Road,Southold,New York 11971-095%on THURSDAY,JUNE.4,2026: The public may ALSO.have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Addltionally,there will be a-link to the Zoom Webinar meeting at httpJ/ southo.ldtownny.gov/calendar.aspx. 10:00 A.M.-KIMBERLY AND STEVEN BRUNI#8103 -Request a Reversal of the Building Inspector's October 27,2025 Notice of Disapproval,pursuant to Article'll,.Section 280-10 which states:a nonconforming lot(SCTM No..1000-68-3-8.3)shall merge with an adjacent conforming or nonconforming lot(SCTM No; 1000-68-3-8.4)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 feet or more in distance.: Nonconforming lots shall merge until the total lot aize•conforms to the current bulk schedule requirements,. located at 970 Salt Marsh Lane,Peconid,NY. SCTM No.;1000-68-3-8.3 and 1000-68-3-8A. 10:10 A.M.'-KIMBERLY AND STEVEN BRUNI#8104-.Request for a Waiver of Merger-petition under Article if,Section 280-10A,td unmerge land.identified as SCTM No.1000-W3=8.3 which has merged with SCTM No.1000-68-3-8.4,based.on the-Building Inspector's October 27,2025,Notice of Disapproval;which states t hat a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held.in common ownership with the first tot at-any time after July-1,1983 and that'non-conforming lots shall merge until the total lot.size conforms to the current bulk schedule requirements;located at:970 Salt Marsh Lane,Peconic, NY. SCTM No.1000-68-3-8.3 and 1000-68-3-8.4. 10:20 A.M.-BLUE MARLIN REALTY LLC-#8105-Request for Variances from Article XXIII,Section 280-124; Article XXXVI,Section 280-207A(1)(C);and the Building.Inspector's December 8,2025 Notice of Disapproval based on an application for a permit tD demolish and construct anew single-family dwelling;at 1)less than the code required side yard setback of 15 feet;,2)less than the code required minimum'combined.side yard setback of 35 feet,3)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;located at:450 Blue Marlin Drive,(adj.to Shelter Island Sound)Greenport,NY. SCTM N6..1000-57-1-26., 10:30 A.M.-.LOUIS HUG IRREVOCABLE TRUST/THOMAS:HUG#8106. Requestfor.a Variance from Article III,Section 280-13A(6)(d)and the Building Inspector's February 13,2026 Notice of Disapproval based on an application to.construct an accessory apartment within a single-family dwelling at 1).more.than the allowable 25%of the habitable space of the entire residence;located at 2100 Pike St.Mattituck,NY. SCTM No.1000-140-3-22. 10:40 A.M;-SCOTT KAUFMAN-#8108-Request for a Reversal of the Building Inspector's September 24, 2025 Notice of Disapproval based on an application for a permit to amend the construction of the accessory structure.for personal,conditioned use as an art workshop and studio,and antique storage with half bath; at 1)the proposed intent,as designed,does not constitute a permitted accessory use;located at:'2050 Dignans Rd.Cutchogue,NY.(Adj.to Long Island Sound)SCTM No.1000-83-2-7.3. 10a0 A.M.-ANGELA LEVAS.#8109-Request for a Variance from Article XXII,Section 280-116A(1)and the Building Inspector's December 31,.2025 N.otice-of Disapproval based on an application for a permit to legalize an as built in-ground swimming pool at 1)less than the code required 100 feet the top of the bluff;located at5335 The Long Way(adj.to Long Island Sound)East Marion,NY.;SCTM No.1000-21-5713. 1:00 P.M.-NICOLE AND STEPHEN O'GRADY#8123-Request for a Variance from Article.111,Section�280-15 and the Building Inspector's April 13,2026 Notice of Disapproval based on an application for a permit to legalize an as built shed accessory to an existing single-family dwelling;at 1)located in an area other than the code required rear yard;located at 315 Old Salt Road,Mattituck,NY SCTM No..1000-144-5-20 1:10 P.M..-'615 PIKE STREET,LLC-#8035SE (Adjourned from May 7,2026)Request fora Special Exception pursuant'to Article X,Section 280-45B(9)'of the Southold Town Code,and the Building Inspectors May 7, 2025,Amended May M 2026 Notice of Disapproval to construct a commercial building with three(3)retail units,two of which are.take-out retail,a second story accessory.apartment and basement storage;.located at 615 Pike Street,Mattihick,NY SCTM No.1000-140-2-21. 1:20 P.M.-VERADEANA PROPERTIES,LLC f18099-(Adjourned from May.21,.2026)Request for a Waiver of Merger petition under Article II,Seciio.ri 280 tOA,to unmerge land identified as SCTM No.1060-59-0-23 which has merged with SCTM No.1000 59-6-22,.'based on the Building Inspector's November 21,2025, Notice of Disapproval;which states that anon-conforming IoYshall merge with an adjacent conforming ornon-conforming lot held In common ownership with the first lot at anytime after July 1,1983.An adjacent lot is one which abuts with the parcel in common course of.fifty(50)feet or more In distance. Nonconforming lots shall merge until the total size conforms to the current bulk schedule requirements; located at 9555 8,9425 Soundview.Ave.;NY.SCTM Nos.1000-59443 and.1000-59-6-22. The Board of Appeals will hearalI 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. Please note the last to submit written comments to this office will be the Friday prior to the public hearing. Afterwards,documents will not be accepted by this office,.but can be submitted to the Board Members during the public hearing If you have questions,_please telephone our office at(631)765-1809,or by email:kirrit@southoldtoyvnnygov, Dated: May 21,2026 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON, By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY.11971-0959 ZBA Legal Notice June 4, 2026 Page 2 of 2 je'*uffolk Mme�- See Proof on Next Page AFFIDAVIT OF PUBLICATION The Suffolk Times PO Box 1500, Mattituck, NY 11952 (518)730-4551 State of New Jersey, County of Camden, ss: I, Edmar Corachia, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of The Suffolk Times, a Weekly newspaper of general circulation, printed and published in Mattituck, Suffolk County, New York, designated by the County Clerk of Suffolk County as a newspaper of record;that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates. Publication Dates: • May 28, 2026 Notice ID: 5pTC0yHIDvOlW1rpulfj Notice Name: ZBA Legal Notice June 4, 2026 Publication Fee: $200.52 54*Ar GDrAoVtA Agent SHARONN E THOMAS-POPE NOTARY PUBLIC VERIFICATION STATE OF NEW JERSEY My Commission Expires January 23, 2027 State of New Jersey County of Camden Signed or attested before me on this:05/28/2026 Notary Public Notarized remotely online using communication technology via Proof. ZBA Legal Notice June 4, 2026 Page 1 of 2 BOARD MEMBERS *OF SOt'/jyO Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road- P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler �IiYCOUN ' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 6, 2026 at 10:00 AM PUBLIC HEARINGS 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 Annex (Lower Level), 54375 Main Road, Southold, New York 11971-0959, on THURSDAY. AUGUST 6. 2026: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 11:20 A.M. — STEVEN BRUNI AND KIMBERLY BRUNI #8104 — (Adjourned from June 4, 2026) Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-68-3-8.3 which has merged with SCTM No. 1000-68-3-8.4, based on the Building Inspector's October 27, 2025 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot which has been held in common.ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located at 970 and 990 Salt Marsh Lane Peconic, (Adj. to Long Island Sound) NY. SCTM Nos.1000-63-3-8.3 and 1000-63-3-8.4. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email: elizabeths@southoldtownny.gov Dated: July 17, 2026 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Elizabeth Sakarellos 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r O\� {.� ��/ �j �� Town Hall Annex, 54375 NYS Route 25 oy t P.O. Box 1179 H x Southold, New York 11971.0959 ® Fax(631) 765-9064 � y o� ZONING BOARD OF APPEALS DATE: July 6, 2026 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; The August 6, 2026 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Annex Building, Lower Level/Basement at 54375 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below,4"please,see instructions reg ire&#o prepare for the ZBA public heanng which includes: 4 1PLEASE'.4,EAD FULLY,. z 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than July 30, 2026. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by July 30, 2026, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by I SPS rCertified Mai1 �Retu`rri-Recep the following documents 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. Instructions for ZBA Public Hearing Page 2 Please mail documents to the legal mailing address. (as on file with Southold Town Assessors Office) Mailing to be done by July 20, 2026. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtovmny.gov or elizabeth.sakarellos(2town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls > hftps://www.southoldtownny..qov/DocumentCenterNiew/l1998/2026-Tentative-Roll IMPORIANT:INSTRUCTIONS ya :" a':.;•�. v ,c f Scan and email the�US�PSimaihng receipts igreen}signature cards and"affidavits to { ` •, b � ,.f .1a ' r l�mf(a�southoldtawn'ny:gov, and ** PROMP'I'L-Y.U,SPS;MAIIJ** the'ORIG�lAS to _,. tleTowa:of.Southold,_ZBA,P:;O. Bo-z.,11,79, Southold;NY;11971 Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. ***PLEASE NOTE*** : THE LAST DAY TO SUBMIT WRITTEN DOCUMENTS TO THIS OFFICE FOR THE BOARD MEMBERS WILL BE THE FRIDAY PRIOR TO THE PUBLIC HEARING. AFTER THAT, NO DOCUMENTS WILL BE ACCEPTED BY THE OFFICE BUT CAN BE SUBMITTED TO THE BOARD MEMBERS AT THE PUBLIC.HEARING. Elizabeth Sakarellos— Senior Office Assistant Laserfiche Instructions for Zoning Board of Appeals Records 1" iWSGUTHOLDMMIA 4 .overntnen 'ervire. isitin osv Do L. r JI i ♦' t1 •� `T1 ��'G ',' h � �xr.1 0 � .�. i 7 - E°��� A x i "'1t�v�"<..r -f. �r�...� n� -y�ti c �•✓� e�., �'{ t•�- Notily Ii2e®� f Maps .� �c pge»das&� �'• Town Codes" OnLne eats - Town Records _ . Forms...h _ �n.`T ,�� fit,! { t K <.I ra .� ti �6 ura F -. n�� t c w:>,.•. t Y:-�.= � t Sign up to ttiCelve i t 41'- -p Minutest' ;�� 1< �' Y F'.ily paygour bills Webhnk/I.isei6tkex '7 Fortns/Appk000ps�, t : t i�•s ..nri(i.aiiin d-...a ..3' ,.- r_n_:.:t~a. ,"'' [r t .t*wes:r'":..d.�.r;M ";+�.'F`S. _ .-fin Above: Homepage, Click on Link`Town Records"Weblink/Laserfiche Laserfiche Web Link tirr wew�nt'Hel.,Ab—,9gno..t Home Browse 9earcn TownOfSom"d TownOfSouthold Name Page cwnt Template .ter Town Clerk Entry Properties Town A-1— Path rn,sues TowrK7*scuvr.ld Zoning aadro of A—M(ZBA) creation date 51Y2014 11.521:l'.nM page 2 or 2 54,1 « 7 1 1 29 Entries Last modified — Wi2R0•rB:06:27 M r Metadata �O.'�<4v7dta:KS.8-1 Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche WebLink A1T NepLmh w10 rowt Sig:+Grc Home Browse Search rown0lSoutrx id-Zoning Board of Appeals(ZBA) Zoning Board of Appeals game Pat.—rc Templaterunte (ZBA) +Ipnacencal inoex Entry Properties _.eoaro Acpons a 11 Laserfime 5earcn Guid.s Path faeeung Xlwdvles ':r«++0(S;A:tivld'�•xnlq 3n.u+. u1 A{Af�al1�ZBAI —Mlnutes;Agendasrlegal 21—'Heanngs Creation date ._,oendmg Reports Last modified "A:Ot SP !'!;�'::�AM' ec+al Event Permits T—ng Requirements ZBA OBINIs Metadata ZBA Polides .40 nie;atl.tra a;;lgned Excoodws List Code 2M 10C(3) J luriwitoon Using I —�� ZBA Book of MA ped 19'r1 Existing Lots 199 :oMl.enllh/P4P-vnear+Usa2� i�Bulk Xhetlulez 3 Agreements,contracts S Leases u3oe I Of I 14 Entnes Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. � is�: - -- -- ------------_--- -- Most Ytsited tV Getting Started Southold NY-Officia... 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C&L REALTY-Withdrawn Path tj JEMCAP SO I LLC OMMS. t s •. •++1- - f PECONIC RECYCLING TRUCK ''t t THE ENCLAVES Creation date 07370-Frend 1000-128-6.6 3/28/2017 1 1:36:07 PM #7379-Solutions East 1000-13-3-1 Last modified 6/9/2020 3:5858 PM 0383-Spiller 1000-59-5-8.3 #73845E-HNF Resorts.Mydon Resorts-Campground-1000-40.3-5 2 Metadata #7385 SE-Fried 1000-50-1.13.1 No meWdata assigned #7386 860 Bayview Drive-LLC 1000-37.-5.10.1 5 07387 Hard Corner 1000-61-4-1 #7387 Hard Corner-SITE PLAN-Arch Plans 1000-61-4-1 97388-Minton Irrev.Trust 1000-128.-2-20 #7389 Genic 1000-71.1-4 97406-Kappa 1000-88-1-1.5 Page I of I Above, Lists all Pending Applications under Board.Actions/Pending URL Address, Link is http://24.38.28.228:2040/webIink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche We6Link rrrveeurr Hero AUOut en cut Home Browse Search (rvgnp;SJUtnolo•ZOring g3.lyd Of App2a15(ZBA.) Board Actions Board Actions came Page count Templet name J 1952-1979 Entry Properties ul 1980.1999 Path 2000 rGN+tOr<�1i.V titir:lZtlnrr.��rxtt is :d Aptteal, 11.Y:t•,u. 200t Creation date Zoo., .11A1fy)l Q:,11 5, U y 2003 Last modlried �7 200a 3;2,v201 ,1:-V.:m ahl ,.r 2005 Metddata 2006 •un rrtetrxara as'rytea .�'2007 =t 2008 el 2009 2010 taNpap---.U-2 ^1 2011 1 2012 2013 tn 201a �1 2015 y 2016 201; tJ Penoing w..IwahlinemMAnhry P+P'"m.1thea2 n. r ..,_..... Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". i0me arPwfe S[drN rvwnJK0U11tWU•iarmg 90arU:t apUedl!:SV•aOdtU+tPUni�2at 2017 .vwne °vee<wm TamWte net. t Seaf b: 3oar0�t:rern =EMy aOpMki i rA)3 :a 3Para+morte P.m s soor ae ao.n.cawe "SwUR:WVW4�•�!n•rr: - ..h tnlut�v,.,.t ti root tm ae,re.c:tem •;nn�tet> r ma as aw•e.come C,,m date oft n ao.e uoPns ..n n. rau ;ro:_ a aoa.P+rwc test moaned S mt> tT aoare.mete e Ne adaO 'g:o:e o ae.b,mmr. rot; ro ao.ra+.Pm,l •-mt le se.•e.arme ' ro:9 Y 3o+rP acume r _t rom b 9ord•mmn 4:O:t % aore•enP'e c-ot; �s aoam.men. t.:ov Da ao..a•ave trot. as Board•mete P rots :n ao.re.mwm t ro:a '] aorP+nwv f,rol, e0 aearP ammty it awe xnvrtl t ro.v 3 aoxa.•aron Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link Home Browse search cusmmr:a;.arm ] Sot.results try: Relevance records Management Search 7016 Reid name Board ACdonS-33 pagetsl Cho—eeid ,] Page count.213 Template name:Board Actions Reset Page 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Rsher... Page a...19.2011 17016,Cashel SCTM No.111"1.26 minimus approval to remo.-. Page S...y Io,2017 s7016.Cashel SCTM No.10069-t-26 GRANT,the variances as... Seercl•:emus Page P...COLIN&KRISTEN CASHEL SECTION 009 BLOC... cage 20...Thomas Ahlgren(Cashel),PO Sox 342 Rshers Island.NY... S Show more information... J 7018 B,m,o acuons-56 pagefsl Page count 56 Template name:Board.Actions sage aA...9:30 A.M:COON CA511EL ANO Variances under Article Id.Section ANN... ge 44...arlce(s)KRISTEN CASHELa7016-Repuest Proposed trdXs located in other tha... s Show more in(nrmatidn... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Laserfiche Weblink - ME .Home Browse Search TownOfSouMold•Zoning 3oard of AppealS!ZBA)*Mlnutes/AgendaS/Legal Nodces/Heanng5 Minutes/Agendas/Legal Name Page taunt TernPlMe name Notices/Hearing5 -.Z 1957-1979 Entry Properties i'1980-1999 J 2000.2009 Path Tu Or.p 1110Id1Zdning 3-11 _1 2p10 —V of A0pe0 15 ,7 2011 (ZBA.I�taitlutriAgeroas'!egal Nn(IrrS,'Hearing5 =1 20:2 Creation date 2013 :!0r�001 2:57:u)PM 2014 Last modified 2015 :?/1 15 :'S.,.i+M 2016 Metartata '"i 2017 %o meraeWta sagnN Page!of I i i Eno Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche Web Link v M;:%/ennn� yelp sisc.n Dome Browse Search To r C',-So0th01d Zoning Board 0f A000als fZ5A.1>Minute:rAgendJsaegal Noacev!♦earngs>2017 2017 Name >age count Template name ZOA-0110512017 7 Entry Properties ZBA.01/05/2017 Agenda a Path Z3A-01/052017:+eanng 40 owM7ro,,anoinl;nr,�ng anar^. of Appea!s el Z3A-01;05/2017 LN J (73AIWIni 35!VAgeWA',il.=801 _`ZBA-OW9/2017 2 N0nCE5/ltaJringi120'i 23A.0 L'192017.Agenda 2 Creation date .211112016 :5:1.1 PM ._Z3A-02/022017 7 Last modified ZBA.-02/022017 Agenda -3/19/2017 A:53:59 PM Z9A-02/02/2017 Nearing 45 Metadata .ZBA-02/022017 LN 3 Z3A-02/16/2017 Agenda 3 ,uo . Z3A-02,11620175pecial 3 :edure&Resues _ Z3A-03/02/2017 7 •MhesRNWp-smeera<Usn2j ,j ZBA-03/02/2017.Agenda a ZBA-031022017 Heanng 65 Z3A.03/02/2017 LN 3 Z3A-03/16/2017 Agenda 3 y Z3A-03/16/2017 5petial 3 ZBA-WO612017 5 r ZBA.Od/062017 Agenda Z3A-0d1062017 Nearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 AR U 14 U" , T 1 (� U I= The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will also be available VIA ZOOM WEBILVAR - Follow pink - httpo.//southoldtownny.gov/caIendar.aspx PAME N. BRUNI , STEVEN # 8104 SCTM # : 1 000-68-3-8 . 3 & 8m4 VARIANCE . WAIVER OF MERGER r-,EQUESTE. UNMERGE LOTS 8 . 3 FROM 8m4 DATE THURS13", AUG .6, 2026 11 :20 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD APPEALS A ZONING BOARD OF Appeal No. SOUTHOLD, NEW-YORK AFFIDAVIT OF' � In the Matter of the Application of: MAILINGS ' f Steven Bruni & Kimberly Bruni (Name of Applicant/Owner) 970 Salt Marsh Lane, Peconic, New York SCTM No. 1000-068.00-03.00-008.003 (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK — STATE OF NEW YORK I, ( ) Owner, ( x ) Agent George Conklin residing at Calverton New York, being duly sworn, deposes and says that: On the day of July , 20 26, I personally mailed at the United States Post Office in Riverhead , 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 (x ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Signature) George Conklin Sworn to before me this fi day of July 20 26. MINDY N4.CURVEN ��(Not�a�ryPu�blic) Notary Public,State of New YorkNo.01CU4958797,Suffolk CountyZ2 tronwhisslon Expires November:,1,3i 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. _ - • ° D'' . O i �. i`I+� ter. � S' � d` Tom DOFFICIAL certined Mau Fee PD ',� Cr- ." F, F L m $,t 07 tt C0 Certified Mail Fee M Extra rvices&Fees(check box,add fee as 0 P t 1 rm $ P�Ny 11907 f• ❑Return Receipt(tuudcopy) $ I Extra SerVICBS&Fees(check box,add fee as gopropriat rl t ❑Retum Receipt(electronic) ; Postmark f{lf ❑Return Receipt(hardcopy) $ O ❑Certified Mail Restricted Delivery $ v n ❑Return Receipt(electronic) $ Postmark C3 ❑Adult Signature Required $ 1 '1 2 L O ❑Certified Mail Restricted Delivery $ Here � ❑Adult Signature Restricted Delivery$ ClAdult Signature Required $ f C3 1• E3 Postage - ❑Adult Signature Restricted Delivery$ �t f1026 p Postage o Peconic Land Trust :P.O. Box 1776 uses' ' Er E3 Mohammed N O Rev Tr t `n ------ —a Mohammed BR Irr Trust o ,Southampton,NY 11969 C3 P.O.Box 496 ko-- ---------- r-` Saint James, NY 11780 ------------------- i - — - - -- - - '. SENDER: COMPLETE SECTION ° ■ Complete items 1,2,and 3. SECTION ON DELIVERy ■ Print your name and address on the reverse A Signature so that we can return the card to you. X ❑Agent t ■ Attach this card to the back of the mailpiece, B• Receive El Addressee or on the front if space permits. �^, rioted Name) C. Date of Delivery' 1. Article Addressed to: _ r Y V C 10l d Q D. 2 3 _ "_ 0. PeCOn]C Land Trust _ Is delivery addres different from item 1 ❑Yes If YES,enter delivery address below: RO Box 1776 No Southampton, NY 11969 i ' IIIIIIIII Ilil11111111111111 gull I 3 Service Type 3l IIIIIII III ❑Adult Signature ❑Priority Mail Express® 9590 9402 9843 5266 0152 16 °Adult eSignature ilO Restricted Derive °Registered Mail TM I ertifiied Mail® Delivery ❑Registered Mail Restricted, ❑Certified Mail Restricted Delve Delivery 2. Article Number ❑Collect on Delivery Delivery Signature Confirmation- 6b2nSfer.fTOm Servica/anon- _ n r_ ,r ❑ ignature.Confirmation very Restricted Delivery Restricted Delivgry' 7 0,1'6+ 0,9;1 DI p p 0 2 s 3'3 89 j 7 3 7 6 Y strtcted beliverq '.i t PS Form 3811,July 2020 PSN 7530 t02-000-9053 w y Domestic Return Receipt D IF/l�`V�Yi1L17 Certified O ee9 SE A tm $ M Extra Services&Fees(check bar,add fee as approp i SdSn ❑Return Receipt(hardcopy) $ rU ❑Return Receipt(electronic) $ _ i t ❑Certiaed Mail Restricted Delivery $ QS rk 3 Here Q ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery,$ . c p Postage Ir 7/7r ( (CM3 :Rivka Schoenfeld I N Od-3N r, ' 800 Salt Marsh Lane �� ��� _ r Pe`conic, NY 11958 TOWN OF SOUTHOLD ' ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Steven Bruni & Kimberly Bruni (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, George Conklin residing at Calverton New York, being duly sworn, depose and say that: I am the ( ) Owner or(X ) Agent for owner of the subject property On the day of July , 20 26,'I personally placed the Town's Official Poster on subject property located at: 970 Salt Marsh Lane, Peconic, New York 990 Salt Marsh Lane, Peconic, New York The poster shall be prominently displayed on the premises facing each public or private street which the property involved.in the application or petition.abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be setback not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of August 6, 2026 (Owner/Agent Si nature) George Conklin Sworn to before me this Day of July , 20 26 l (N t y Pu tc) MINDY K CURVEN Notary Public,State of New York No.01CU4958797,Suffolk County Commission Expires November 13,:,2,1�� 41-V51-6 tst ►-Fite �5�3`I, SUFFOLK COUNTY LEGAL NOTICE LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,AUGUST 6,2026 at 10-00 AM PUBLIC HEARINGS 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 Annex Lower Level,54375 Main Road,Southold, New York 1 1 971-0959,on THURSDAY,AUGUST 6,2026: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR.Additionally,there will be a link to the Zoom Webinar meeting at http:// southoldtownny.gov/calendar.aspx. 10-00 A.M.-GLEN and ANGLEA PRESSLER,#81.15-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's February 20,2026 REVISED,April 28,2026,REVISED July 1,2026 Notice of Disapproval based on an application for a permit to demolish a single-family dwelling and construct a new single-family dwelling;at:1)less than the code required minimum front yard setback of 35 feet;located at: 425 Lake Drive,Southold,NY. (Adj.to Gr�t Pond)SCTM No.1000-59-5-21. 10:10 A.M.-DAVID AND HELEN LEIS#811 Request for a Variance from Article III,Section 280-15 and the Building Inspector's February 7,2025,REVISED March 6,2026 Notice of Disapproval based on an application for a permit to construct an inground swimming pool,hot tub and generator accessory to an existing single-family dwelling;at:1)pool,hot tub and generator located in other than the code required yard;located at:990 Grand Ave.,(Adj.to Long Creek)Mattituck,NY. SCTM No.1000-107-8-44.1 1020 A.M.-ANDREW SHANNON AND KATHERINE O'BRIEN#8118.-Request for Variances from Article XXIII, Section 280-124,Article XXXVI,Section 280-207(1)(a)and the Building Inspector's March 26,2026,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling;at:1)less than the code required minimum front yard setback of 35 feet,2)less than the maximum permitted lot coverage of 20%,3)gross floor exceeding permitted maximum square footage for lot containing up to 10,000 sq.ft.in area;located at 1950 Equestrian Ave., Fishers Island,NY. SCTM No. 1000-9-6-4. 10:30 A.M.-MIRIAM FOSTER AND GRAYSON MURPHY#8119-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's February 6,2026 Notice of Disapproval based on an application to construct an addition to an existing single-family dwelling at;1)less than the code required minimum rear yard setback of 35 feet;located at 595 Youngs Rd.,Orient NY. SCTM No. 1000-18-1-6.3. 10:40 A.M.-DAVID AND MARY DESETTA/DESETTA D.REVOCABLE TRUST#8121-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's February 20,2026 Notice of Disapproval based on an application for a permit to legalize an"as built"demolition(as per Town Code definition)and reconstruction of a single-family dwelling;at:1)less than the code required minimum side yard setback of 15 feet,2)less than the code required combined side yard setback of 35 feet;located at:1775 Gull Pond Lane,Greenport NY.(Adj.to Gull Pond)SCTM No.1000-35-4-14. 10:50 A.M.-YINGZHEN LI#8122-Request for Variances from Article XXIII,Section 280-124,Article XXXVI, Section 280-207 and the Building Inspector's March 26,2026 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single-family dwelling;at:1)less than the code required minimum front yard setback of 35 feet,2)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;located at:3705 Ole Jule Lane,Mattituck,NY. SCTM No.1000-1225-27. 11-00 A.M.-JAMES CLOUS#8124-Request for Variances from Article XXIII,Section 280-124,Article XXXVI, Section 280-207 and the Building Inspector's March 16,2026 Notice of Disapproval based on an application for a permit to demolish an existing single-family dwelling and construct a new one-story single-family dwelling at; 1)exceeds the maximum permitted lot coverage of 20%,2)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 sq.f.in area,located at 3805 Bay Shore Rd.,Greenport, NY(Adj.to Shelter Island Sound)SCTM No.1000-53.-6-18. 11:10 A.M.-KIMBERLY AND STEVEN BRUNI#8103-(ADJOURNED FROM JUNE 18,2026)Request a Reversal of the Building Inspector's October 27,2025 Notice of Disapproval,pursuant to Article 11,Section 280-10 which states:a nonconforming lot(SCTM No.1000-68-3-8.3)shall merge with an adjacent conforming or nonconforming lot(SCTM No. 1000-68-3-8.4)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 feet or more in distance. Nonconforming lots shall merge until the total lot size'conforms to the current bulk schedule requirements;located at:970 Salt Marsh Lane, Peconic,NY. SCTM No.1000-68-3-8.3 and 1000-68-3-8.4. 11:10 A.M.-KIMBERLY AND STEVEN BRUNT#81�04-gADJOURNED FROM JUNE 18,2026)Request for a Waiver of Merger petition under Article 11,Section 280-10A,to unmerge land identified as SCTM No. 1000-08-3- 8.3 which has merged with SCTM No.1000-68-3-8.4,based on the Building Inspector's October 27,2025, Notice of Disapproval;which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1,1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements; located at:970 Salt Marsh Lane,Peconic,NY. SCTM No.1000-68-3-8.3 and 1000-68-3-8A. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or deslring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Please note the last date to submit written comments to this office will be the Friday prior to the public hearing.Afterwards,documents will not be accepted by this office,but can be submitted to the Board Members during the public hearing. If you have questions,please telephone our office at(631)765-1809.or by email:elirabeths@southoldtownny. gov Dated: July 17,2026 ZONING BOARD OF APPEALS ZBA Legal Notice August 6, 2026 Page 2 of 3 LESLIE KANES WEISMAN,CHAIRPERSON By:Elizabeth Sakarellos 54375 Main Road(Office Location) P.O. Box 1179,Southold,NY 11971-0959 ZBA Legal Notice August 6, 2026 Page 3 of 3 See Proof on Next Page AFFIDAVIT OF PUBLICATION The Suffolk Times PO Box 1500, Mattituck, NY 11952 (518) 730-4551 State of Florida, County of Orange, ss: I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of The Suffolk Times, a Weekly newspaper of general circulation, printed and published in Mattituck, Suffolk County, New York, designated by the County Clerk of Suffolk County as a newspaper of record;that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates. Publication Dates: • Jul 30, 2026 Notice ID: MFrKPEJ3F1B419AE7oOe Notice Name: ZBA Legal Notice August 6, 2026 Publication Fee: $209.20 A�a„a 8aada.,ya Agent \J�\4�`'ar6lnq�o i JESSICA GORDON-THOMPSON Notary Public-State of Florida VERIFICATION ;, Commission N XH301856 State of Florida ' ��... ...OP Expires on August 17,2026 ����� County of Orange Signed or attested before me on this: 08/03/2026 Notary Public Notarized remotely online using communication technology via Proof. ZBA Legal Notice August 6, 2026 Page 1 of 3 BOARD MEMBERS ��OF S61 Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road • P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. O Office Location: Town Annex/First Floor Nicholas Planamento ply 54375 Main Road(at Youngs Avenue) Margaret Steinbugler CQu Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 September 7, 2026 Anthony C. Pasca Esq. Essex, Hefter, Angel, DiTalia & Pasca, LLP 108 East Main Street Riverhead, NY 11901 Re: ZBA Application 48103 & 8104, Steven and Kimberly Bruni 970 Salt Marsh Lane, Peconic, NY SCTM 1000-68-3-8.3 & 8.4 Dear Mr. Pasca; Enclosed is a copy of the Zoning Board's September 3, 2026 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above referenced variance application. Sincerely, W • Elizabeth Sakarellos Board Assistant cc: Building Department 07-23-98 12-30-98 04-25-00 05-26-00 1 31A2 5FZ2 0-0 114-25-01 07w3O-Ol 03,17-03 02-11-04 09-10-04 03-25-05 10-3G-07 02-11-08 03-26-08 09-09-08 05-03-12 07-2�,12 OJ 1 2.18 18 I'o 111� r-rsiL)q Dn.) ODD — 8. 3 32. COUNTY OF SUFFOLK (GOLDSMITHS INLET 19.3 COUNTY OF SUFF GOLDSA41THS IN, (COLDSWTH"S INLET 3sTr COUNTY iwtx) P (PECONIC MET) 19.4 I QA 20 22.OA(c) 12 TRUSTEES OF TOWN OF SOOT COUNTY OF SUFFOLK (GOLDS"TH'S INLET COLNM�K) 9 I.SA( 13 l.eAjc) 8.3 6 8.4 7 4 5 9.QA PECONIC LAND TRUST 3 P (TO—OF SOUTHOLD N 325 682 2 CONSERVATION EASEMENT) J-1 MATCH —_;�-————LWE SEE SEC.NO.074 �E L E (21) ——————- — ------2B.— E D 121 A(d)w 12.1A 12.1 All)