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HomeMy WebLinkAbout3765 Southold Town Board of Appeals HAIN ROAD-STATE RrlAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS James D~nizi0, Jr. Upon Application of JOSEPH SPITALI~E for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for placement of a new dwelling structure with an insufficient setback from the front property line. Location of Property: Right-of-Way located along the east side of Cedar Beach Drive, Southold (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of JOSEPH SPITALIERE under Appeal No. 3765; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for a Variance under Article III, Section 100-31, Bulk Schedule, for permission to place principal dwelling structure with a reduced setback from the front property line at 30 feet, as shown on the Topographic Map prepared by R.J. Mavrikakis, L.S. lastly revised September 19, 1988 (No. 88-6). The setbacks proposed from the "flagged" wetlands line are shown to be approximately 50+ feet, and from the sides at 10 and 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. 3. The premises in question contains a total area of approximately one-half acre and is presently vacant. '~ag~ 2 - Appl. No. 3765 Matt~er of JOSEPH SPITALIERE ~ecision Rendered October 6, 1988 4. Article III, Section 100-31, Bulk Schedule (Column "A") of the Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The reduction proposed by this application is from 35 feet to 30 feet. 5. For the record it is noted: (a) that the premises is located near the end of a private right-of-way; (b) that an application is pending with the N.Y.S. Department of Environmental Conservation under #10-88-1029, and their Agency has urged that the distance to wetlands be maximized (see communications dated June 7, 1988 and August 15, 1988); (c) that an application is pending with the Office of the Town Trustees under #631 and has been placed temporarily in abeyance; (d) that the premises contains a substantial amount of meadow land and wetlands, which limit the buildable upland portion of the premises. {The setbacks from the meadow and wetland areas are not within this Board's jurisdiction under Chapter 100-Zoning of the Town Code.) 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 15% of the requirement {reduction of five feet}; (b) the relief requested will not alter the character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the ~Pag~ 3 - Appl. No. 3765 Matter of JOSEPH SPITALIERE Decision Rendered October 6, 1988 variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance for a reduction from a 35-ft. frontyard setback to a 30-ft. frontyard setback, as applied in the Matter of JOSEPH SPITALIERE under Appeal No. 3765. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~ ,~/~ H~R~,' ~o Town Clerk, Town ®f Southo APPEALS BOARD MEMBERS jY�v' ' � SCOTT L.RABBIS ' Supervisor Gerard P.Goehringer, Chairman V> Ser Doyen Jr. �" ` '�S t Town Hall, 53095 Main Road James Dinizio,Jr. .� �� P.O. Box 1179 Robert A.Villa == Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD August 10, 1993 Mr. Joseph Spitaliere 9 Noel Place Smithtown, .NY 11787 Re: Appl. No. 3745 — Improvements within Right-of-Way Dear Mr. Spitaliere: This letter will confirm that we are' in receipt of your request for a final inspection of the right-of-way which is the subject of the above appeal, and which right-of-way extends off the east side of Cedar Beach Road (near its intersection with South Bayview Road) , which provides access to Lot #41 & 42 (combined) and Lot *44 shown on the "Map of Cedar Beach Park. " The improvements recently constructed at the base of this right-of-.way are found -to be excellent and acceptable as meeting the specification requirements under the above determination. Please be aware that each and every lot along this access route will be subjected to periodic inspection and update, and to continuously maintain the entire length of the right-of-way in good condition, at all times (as per New York Town Law, Section 280-A) . Please feel free to call us at any time if you have ques- tions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN CC: Building Department Attn: Inspectors }~ r \J COUNTY OF SUFFOLK Icy tot PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING October 14, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) J n T. Beebe 3739 oseph Spitaliere 3765 & S Associates 3774 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (51 6)360-5192 Southold Tows Board of Appea ls MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7654809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. r AU JOSEPH H. SAWICKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of theJown of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article III , Section 100-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3765 - Applicant : Joseph Spitaliere Location of Affected Land : ROW E/s of Cedar Beach Rrive, Southold, NY County Tax Map Item No . : 1000-90—4-14 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channe l Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to place a new dwelling t n insufficient setback from the front front yard. Copies of Town file and related documents enclosed for your review. Dated : October 13, 1988 Southold Town r� xr o ard of Appeals .4d� @rear MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Al TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,1301UGLASS October 12, 1988 JOSEPH H. SAWICKI James Dinizio, Jr. PERSONAL DELIVERY Mr. Joseph C. Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appeal No. 3765 - Frontyard Variance Dear Mr. Spitaliere: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors` and Town Trustees Offices for their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Town Trustees Office of the Building Inspectors Suffolk County Planning Commission T APPEALS BOARD MEMBERS �j ` k; �, �c SCOTT L.HARRIS zz Supervisor Gerard P.Goehringer,Chairman ., ' A•� Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 INTER-OFFICE MEMORANDUM TO: Building Department Attention: Vic Lessard, Department Head FROM: Board of Appeals DATE: May 9, 1991 SUBJECT: Building Permit Applications at Cedar Beach Area Requiring Application to ZBA for 280A Access As you may recall, there is a private right-of-way referred to as "Orchard Lane or Private Road #16 in Southold, which extends from the easterly side of Cedar Beach Drive (just south of General Wayne Inn) to several vacant parcels identified at Sections 090 and 089 of the Suffolk County Tax Maps (in the vicinity of 100-90-4-14, 19; 20 Spitaliere, Bleifeld, or others as landowners) . We ask that you please flag your records to show that no building permits may be issued for any vacant lots in this area having access along this unimproved private right-of-way until each landowner has applied directly, by formal application, to the Board of Appeals for 280-A Access. It is our understanding that electric lines and water lines are buried under the right-of-way in question, and in the event a new home is built, facilities would need to be provided by digging up the right-of-way, substantially disturbing its base and requiring further Z.B.A. action or inspections. The Z.B.A. files show that all inspections of this right-of-way must be done through the Z.B.A. or alternatively through the Planning Board, particularly since there are many lots which have not been built upon in this area and the lots are on a previously filed subdivision map. Thank you for your assistance in this regard, and should you have any questions, please feel free to ask. Attached are copies of the County Tax Maps of this area for your convenience. a, 7.w ISO RD. BEACH CEDAR 2..At,) TOWN OF SOUTHOLD 2 42A it ORC114nD I Al a- IL4. SOUTIq BAY VIEW S I 0. I LIM C 1.290 ............ Legend F..D­­�L. KEY PAP Q COUNTY OF SUFFOLK TOTHOF SOUTHOLD SECTION$0. 67'o Real Property Tax Service Agency VILLAGE OF P.— P.C., E .1. AL Counly Cenler 0 89..4.. DISTRICT NO. 1000 NHOC'...I.— Riverhead,L.I.,Now York y R 0 P'. "_WAP -NeW York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 r .Thomas C. Jorling lee �/�7 G Commissioner August_ 15, 1988 Mr. Glenn Just JMO Consulting P.O. Box 361 North Country Rd. Wading River, NY 11792 Re: Joseph Spitaliere Application No. 10-88-1029 Dear Mr. Just: As a follow up to our meeting today, our field inspector revealed the following. Your proposal is 33' from the northwest corner from the proposed deck and 35' form the southwest corner as shown on the March 26, 1988 survey by R.J. Mavrikakis. We encourage you to maximize the distance to the wetlands, to approach our 75' minimum setback to those wetlands. The distance to the wetlands can be increased by: 1. Reducing the overall project size, ie. eliminating the decking and reducing the house' size. 2. Relocating the house clsoer to the road and applying to the Town for a variance. Please be aware that any variance to our 75' setback .requested must be the minimum variance necessary to alleviate the alleged difficulty. The burden of proof is your responsibility. Additionally, we are in receipt of a Negative Declaration dated June 23, 1988 from the Town of Southold Board of Trustees and, as such, the SEQR process is completed. Upon .receipt of four copies of revised plans maximizing the distance of the proposal from tidal wetlands and a letter explaining what attempts have been made to meet our setbacks, we will continue to process your application. Sincerely, Dennis W. Cole DWC•.jf Senior Environmental Analyst cc: Linda Kowalski, Southold ZBA ✓/ y Frank Kujawski, Jr. , Southold Bd. Trustees �, FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President c y g TELEPHONE JOHN M. BREDEMEYER, III ;} "� (516) 765-1892 JOHN L. BEDNOSKI, JR. ,,� HENRY P. SMITH j BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 1, 1988 Mr. Glenn Just J.M.O. Consulting N. Country Road Box 361 Wading River, New York 11792 RE: Joseph Spitaliere - Application No. 631 Dear Mr. Just: As you know, the Town Trustees concluded the Public Hearing in regard to the above matter on August 25, 1988. In accordance with Article II, 97-21 (J) of the Town Code, this office will need documentary proof that all other necessary permits and approvals have been obtained prior to the Board rendering a decision on this application. Please feel free to call this office should you have any questions or concerns. Very truly yours r Frank A. K jawski, Jr. President Board of Town Trustees FAK:ip ' cc: N.Y.S. D.E.C. (10-88--1029) Joseph Spitaliere Board of Appeals Bldg. Dept. New York State Department of Envlr&nmental Conserva v G%� Ll D tion S 0 c S RECEIVED I J U KJ y 1,988 S()u1--�OJU /Qc� 2 f1,'N C� _ Sn'4r)W3nu.n - i �'Inrk eo c3c, SC)".t-ko Idr /0 -1 I t cl 71 Re: LEAD AGENCY COORDINATION REQUEST e re Dear Sc_ f h-viV , 1 o00 _ 0 ly -J y The purpose of this request is to determine under Article 8 (State Environmental Quality Re,,riew - SEQR) of the Environmental Conservation Law and 6 NYCRR ..Part 617 the following: 1, your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. I have enclosed a copy of the permit application and a completed Environ- mental Assessment Form to assist you in responding. DEC Project #: DEC Permits: ; dC, 1,1 e.�-1 c�nG�S SEQR Classification: [ ] Type I ] Unlisted DEC Contact Person: u� r �;5 � f r a DEC Position: � ) DEC has no objection to' your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] Other. (See comments, below) Comments (optional) : WQ ��c.� e T kc,- ' e— c, kCr, 00 JL- ex cie �A0ev\ l �. "j'ow (A T Cr 4- cc/A5 �5 h ;m �o mc,, k ,'m��e -f- ,c1c. � (,�9 ti�l cvYl(�s . f� /s a CJ 5/�ec� �-�� c,'�Q-ra �''`��{,c.. r-e C uC r—) /-m p c<_cAs , The lead agency .will determine the need for an environmental impact statement (EIS) on this project. If you have an interest in being lead agency, then please contact this office within days of the date of this letter. If no response is received, it will be assum-e-d that your agency has no interest in being lead agency. Please feel free to contact this office for further information or discussion. Sincerely, Enclosures cc: (attach distribution list) •NEW YORK STA EPARTMENT OF ENVIRONMENTAL C ERVATION a � NOTICE OF INCOMPLETE APPLICATION — THIS IS NOT A PERMIT ' 'APPLICANT/AGENT _ L APPLICATION NUMBER - + ADDRESS 1 �;�� c � nG 3 N• C c�(.-r��r PC� ' CITY STATE ZIP CODE BATCH NUMBER OWNER ID NUMBER PERMITIlTYPE(S) FACILITY/PROJECT/OWNER LOCATION Your Application for Permit is Incomplete, thl Following Items are Required ❑Completed application form (enclosed). ❑Other DEC Permits appear necessary. Submit applications for the following permits: ❑Completed Environmental Assessment Form ' (enclosed). ❑Project location map. If you have reason to believe that all permits should ❑Project plans ( copies), not be processed simultaneously, please notify the contact+person below, clearly stating your reasons. ❑Project engineering report. The project is being reviewed pursuant to the State Environmental Quality Review Ac(❑ 'SEQR). A desig- Representative color photographs of the project area and nation of Lead Agency and determination of signifi- surroundings. Please mount on a separate sheet and label cance for purposes of SEAR are necessary before each to show date taken and what is being shown. your application can be complete. ❑Signed letter from landowner giving you permission to ❑It has _been determined pursuant to SEQR that the apply for a permit on his/her property. project may have a significant effect on the envi- ronment. A draft environmental impact statement ❑List of other agencies having jurisdiction over project, must be prepared or accepted by the lead agency. ❑The correct fee was not submitted. Please submit a ❑The project is Subject to the State Historic Preser- check or money order, made out to New York State vation Act (SHPA,. The application will not be com- Department of Environmental Conservation, for plete until DEC has concluded its consultation with the State Office of Parks, Recreation, and Historic $ Preservation. ❑Additional Information: 1L L wJ- P C� J_G�, • n I� ,PFc�'cs fc S i G.V` 'G r) —r\c>rY� C « U ) i_t2 _t L l`�if/tct f- e� Vq r;g.n Cam' . b2 c {�i— f nn r —� c, �r C`77 it -C.C.S '0 n /,()/Y\-. f c1. Q_ Or Pn L(c-x C �u.��� l 1 l l/_� C/� 1 �-i/� Vnc, co �c,ve "u� /vu•rr�p. - i'/S'j� r c 2 P/'liC.�tc.r.. t�% thct,� b'r1,2f acriG!' /YIc. S —Ae 1e_o \sIc Pr 5t,c-A Cr. ' C{!)o Fe+�a r�ec csC. I�• o °lease submit requested information by , or the application will be considered withdrawn. +N FjJRTHER ACTION CAN BE TAKEN UNTIL qL OF THESE MATERIALS ARE RECEIVED 1 n ,\JeGT /hi/1 miarh (-!r¢ ;-A dc:.�5 l�a��•r� cJcL L4'. /1 ce/I/I'A�e k �e�:e-Lj P% ;rf`C'��'` / Terence is recommended to dt�cuss this Ipplication. Please contact the person below to arrange a meeting. V DATE Co/e- ) acx— SIL T4�EH E Returr, ,;OPY of this form to DEC with Requested Information. Retain the YELLOW COPY for yourself. .4,,. 410 1* +. + y '`fit '� �� �h�� �•� ��' � .'y,. ,`� iYl7r�'"f ;7Ntt�L,,C+'," �•,��yBfg�"�vi2s,� �: ..,...{,:;FtL',�•F,y;?'i.`}:5('J.�tV�ri��,��`�.. ,.. pry,••., 77 '•�.. � ,., . 2, `.'L.'. J'.!•Y.t�•'1'a�'�'14 •,ram' '\ ��1:; ;,J lq. .,\�,r,^.r;•.vV���. •'. ��,�\l.:l•`.'f)r�::,�.. •! p/ •J :��:If•:,.�• .,:;'! 1Y;:(kf J4,;:,7r~' �i',r i.c':(;•:_7%'-.i ��;1,.•.'.•X,. jA 1's �', \ ��,''��'�_'`�'�,�`'7,h�;� t�w r.`,L, '`-/ rt,`, , r�" $ A/,��'11b 0�,�'`'4 tom' �•' [!�l,r`tY,,;. ,t:��v �r�.kfzW� i c�i�y��fYtr{lfrr^'•�i E. r,, f � �.�r:� f'`� - :5��,�s•)llr.'r.):+'� s-ky" ,: r.:�y)y':{7J,tr,7�1s �`J l.l. ;ii::T;`\.,: •�?: ..(,•.�t,'a';(l:Ytt''77>>}��:i.�b1;.`,yr;P• .. - / - y1 ..... Ir + •-f.� �tie, /`J Y. Q �'j �, ©c,UCT�1L, �, I 1 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. August 18 , 1988 130SERT 1 f 9U4 SS JOSEPH H. SAWICKI Mr. Joseph Spitaliere Noel Place Smithtown, NY 11787 Re: Appl. No. 3765 - Frontyard Variance Dear Mr. Spitaliere: This letter will acknowledge receipt of your recent application for a reduction in the frontyard setback of the proposed single-family dwelling structure, at premises identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. The Board Members will be conducting field inspections and reviews as required by law prior to the date of the public hearing. It is our understanding that you have applications pending both before the N.Y.S. Department of Environmental Conservation and the Southold Town Trustees for this project. A copy of the Notice of Hearing as published by our office in the Suffolk Times and L.I. Traveler-Watchman, Inc. will be sent to you in the near future as confirmation of the date and time of the public hearing on this application. ' Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER :y"Ll-an AN Awal'ski cc: N.Y.S. Department of Environmental Conservation ( #10-88-1029) Southold Town Trustees o��FFoc�400 South -d- 1oTown -.Board of Appeals MAIN ROAD- STATE ROAD 25., SOUTHOLD, L.I., N.Y. 11971 - TELEPHONE (516) 765-1809 APPEALS BOARD October 6, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR., NEGATIVE ENVIRONMENTAL DECLARATION KUBfK JOSEPH H. SAWICKI . , Notice of Determination of Non-Significance APPEAL NO. : 3765 PROJECT NAME 'JO'SEPH 'SPITAL'IERE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to •Article 8 of the .,N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local . Law #44-4 of the Town of Southold.. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION• Placement.. of a new dwelling structure with- a reduced setback from front property line LOCATION OF PROJECT:- Town of Southold, County of, Suffolk, more particularly known as: ROW along .E/s of Cedar Beach Drive, . Southold, NY 90-4-14 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies otxthis notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island TravelWatchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .6�9. . . . . . . . d 0 Sworn to before me this . . . . . . . . . .? . . . . . . . . day of te � . . . . , 19 . . d� . . . . . . . . . . . . . . . . . . . . . Notary P lic KAREN W. EOERGESSOM NOTARY PUBLIC, State of New York No. 4E42180 Qualified in Suffolk County Commission Expires g/3 /8q NOTICE OF HEARINGS, NOTICE IS HEREBY ' GIVEN, pursuant to'Section 267 of the Town Law and the 8:00, _; ,Appl. No 3758— 8:40 p.m. Appf: No. 9W p.m. ,Appl. 3 THEODORE KUDLINSKI, 3769SE—CUTCHOGUE 776— Code of the Town of Southold, HOWARD'AND MARARGARET the following,hearings will be JR. Variance to the Zoning FARMS LTD. (a/k/a GRIS- Ordinance Article III Section BROWS•SSpecial Exception to held by the SOUTHOLD + + TINA VINEYARDS). Special _ the Zoning Ordinance, Article TOWN BOARD OF APPEALS � 100-31 for permission to con- Exception to the Zoning Ordi- ' struct open deck addition,,with 111,Section 100-30B(15)for per- at a Regular Meeting at the p nance, Article 111, Section :,, mission to establish Accessory Southold Town Hall, Main an insufficient rearyard setback a y Road Southold NY 11971 on g g, at re- 100-30B for permission to estab- �� Apartment in a proposed addi- from existing dwellin p i lish Winery,at premises located tion to existing dwelling,at pre- THURSDAY Southold, 6 mises kndwn.as 605 Highwood g mises known as 435 Eastward + ! along the north side of the Main Road, "H'ighwood at Bayview" 1988, at the following times: Road, Cutchogue, NY, County Ct.,Mattituck,NY,County Tax 7:35 m. Appl. No. 3765- Subdivision. Lot No. 8 Ma Parcel No. 1000-115-7-9. P• PP Tax .Map. Parcel No. JOSEPH SPITALIERE for a Southold,NY;County Tax Map 1000-109-01-13. The Board of A eals will at ; Variance to the Zoning Ordi- Parcel No. 1000-78-9-50. 8:50 PP p.m. Appl. No. 37r,4 - said time and lace hear an and nance, Article III, Section 8:05 p.m.ELSIE D.YOUNG. DENIS O'BR1EN for Variances P y Appl. No..3760SE—Special de persons or representatives 100-31 for the placement of a to the Zoning Ordinance, Arti- � desiring to be heard in each of new dwellingstructure with a re- Exception to the Zoning Ordi- the above matters.Written com- cle III, Section 100-31 and Ar- duced setback from the front nance for permission to estab- ticle XI, Section 100-119.1 for ments may also-be submitted line. Location of Pro- lish Accessory Apartment in an prior to the conclusion of the property permission to erect tennis court perty: Right-of-way located existing dwelling structure in Ac- subject.hearing. Each hearing g Y with 10-ft. high fencing and along the east side of Cedar cordance with the requirements gazebo structure in an area other Beach Drive Southold of Article III, Section 100-30B, will not start before the time al- Beach than the required rearyard, at lotted. For more information, south of`General Wayne Inn) subsection 15.Location of Pro- • premises ide�ifie`f`on the Suf- � please call 765-1809. and extending in an easterly and Perty: 480 Grisson Lane, folk County fast Maps as Dis- I Dated: September 16, 1988. thence southerly direction to this Southold,NY;County Tax.Map trict 1000, Section 3, Bldck 3; j p BY ORDER OF parcel identified on the Suffolk Parcel No. 1000-78-1-10.3. 1 Lot 3 ti ' along Private Road,,, THE SOUTHOLD TOWN County Tax Maps as Appl. No. 3761-V—Variance Fishers Island, NY. BOARD OF APPEALS 1000-90-4-14. to the Zoning Ordinance, Arti- 8:55 p.m. Appl. No. �778— GERARD P. GOEHRINGER, 7:40 p.m.'Appl. No. 3768— cle III, Section 100-30B(15)[M] BRETT AND JANET KEHL— CHAIRMAN FRANK AND SANDRA CUR- to allow conversion of dwelling Variance to the Zoning Ordi- B Linda Kowalski for Accessory Apartment with Y 3S RAN for a Variance to the Zon- � nance, Article III, Section .� 1X, 9/29/88 (50) in Ordinance,Article III Sec- Certificate of Occupancy dated _ g after January 1, 1984,although' 1Q0-32 and removal of Condi- tion 100-31 for construction of tions rendered under Appeal a pool with deck and fence en- Affidavit of Building Inspector No. 3641 on June 18, 1987 in 1 closure with an insufficient indicates dwelling met the. order to allow conversion of the front and setback and excessive. requirements for a Certificate of Y subject building as livable area lot coverage(over 20 percent),at Occupancy had application in proposed reconstruction plan premises known as 780 Hay- been made in a timely fashion. of dwelling,at premises known waters Road, Cutchogue, NY; Location of Property:480 Gris- Lane,Southold,NY;Coun- I as 5500 Main Bayview Road, son , County Tax Map Parcel No: Southold,NY;County Tax Map 1000-111-01-0J& ty Tax Map Parcel No. Parcel ID No. 1000-78-4-32. 7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. 9:05 p.m. Appl. No. JOHN J. JESSUP for a Vari- 8:15 p.m.JOHN T.BEEBE—G 3774SE—H&S ASSOCIATES. ance to the Zoning' onin Ordinance Variances to the Zoning Ordi- Special Exception to the Zoning i nance, Article III Section Article III, Section 100-31 for Code, Article VII, Section construction of an addition at 100-31 for approval of insuffi- 100-70B for permission to con- f cient area and width of two pro the westerly side of the existing struct addition to existing'] i dwelling with a reduction in the posed parcels in this proposed building,(maintaining the west- total sideyards, at premises set-off division of land,located erly yard setback) for use part- known as 90 East Road,Cutch- •'l along Beebe Drive,,Cutchogue, ly for sales of auto parts,added_ ogue,NY;County Tax Map Par- NY,County..Tax•Map,PareellNo• storage, and engine-rebuilding 1000=103-3-part of Lot 5. cel No. 1000-110-7-15. shop,at premises located along 7:50 p.m. Appl. No. 3759— I 8:20 p.m. ROBERT AND DI- the north side of the Main TONY SCARMAI'U. INC. for tion to the Zoning Ordinance ANNA BAKER.Special Excep- nce, Road, Cutchogue, NY; County a Variance to the Zoning Ordi- Tax Map Parcel No. 1 Article I1I Section 100-30B(16) .nance, Article -XI, Section 1000-102-2-24. 100-119.2 for approval of gazebo, for permission to establish Bed —-- - -- --- - structure with an insufficienth and Breakfast establishment in setback from an existing bulkf an existing dwelling,at premises head along Peconic Bay,at pre- known as 2900 Boisseau.Ave- mises known as 235 nue,Southold,NY,County Tax Huckelberry Mill Road, East Map Parcel No. 1000-55-6-9. Marion, NY, County Tax Map 8:30 p.m. Appl. No. 3779—. Parcel No. 1000-3146-9. PETER AND DESPINA MAR- 7:55 p.m. Appl. No. 3.755SE KOPOULOS for a Variance to TIMOTHY COFFEY AND the Zoning Ordinance, Article THE COVE AT SOUTHOLD, III, Section 100-31 and.prior INC. Special Exception to-the Appeal No. 3623 rendered May Zoning'Ordinance, Article 111, 11, 1987 for approval,of'struc- Section 100-30C,for permission ture(s)with reduced sideyards,at premises known as Lot t116, to erect off-premises sign. Loca- Captain Kidd Estates,along the tion of Property: South Side of south side of Sound Beach Main Road, Southold, NY; Drive, Mattituck, NY, County County Tax Map Parcel No. 24.Tax ' Ma Parcel No. 1000-75-06-7.3. (Recessed from 1000-99-1- Prior Meeting). -- - -2 —. he a/ X00ceS cial Exce ti P on t°the Zo NOTICE O Hance,Artic'1 ,'.Sec ntttg Ordi_ Ma —'NOTICE F HEARINGS for anissic 100-30C, PParcel 00055- pursu IS nREBy'GIV sign Location Erect Off'. 8:30 No 1 6-g Law Pursuant d to ctioit`267-of- Side of °f Propert : Tg P'm. 1pp1•No.377 Co ie the To Main Road, Y South A D 9 Southold,the followinf the Town of 5°unty Tax Map pa el thold,IVY. O O U for SPI beheld by the g heaiin M�06-7.3 (Recessed from° h000 Zoning Ordinance a Variance to thel?SS: p gs will Mae' D P at a 8:OOg) m Prior 100 31 and prior q rticle$Section Mam�g at the Southold To Regylar T EODOfi APPI. No. 3758 __ of stmc rendered May I1, 1987 or a°' 3623 �I Road,Southold wri Hall, K IM INS I r t"re(s)with PProval T$iJRSDgy 1I971 variance to the at premises reduced side- the followin OCT,',,,OOBER 6 on, Article nf,.Seci�nmg Ordinance, Captain known' as I of yams'Conte nto of Mattituek, In g tirifes: 188 at mission tconstruct 1100-31 for per, side of KS d Estates #16,i 7:35 P m. q ion k B pen deck Ound ' along south,duly sworn,says that he/she is Principal OSEPH p APPI• No. 3765 _ back with an insufficient add)- Mattituc lv Beach Drive RE from exis rearyard set- Parcel No.lOpp 9County 1 24Y Tax hlap FFOLK TIMES, a Weekly Newspaper, 3e the Z°ning Ordinance Variance Premises ting dwell' Section IM31 forthe la Article$ Road, dwelling, at 8:40 p.m. A new dwellin P Cement ofa know, a t B�ghwood• C TC OG E F l- No. 3769SE_;tuck, in the Town of Southold, County of willing Structure Subdivision Lot yview" GRISTIN A S TD• a a;of,New York,and that the Notice of which setback from tiere with a reduc NY; No. g q Location °p p oe fr°nt`prope1Fy � I� County Tax Ma Southold; Exception to' S ecial'located along Perty:Ri ht_ 78-9-50. P Parcel No. Aricle �NEYARDS p ;rinted copy,has been regularly published In g of-way 8:05 III,Seete Zoning Ord' ece' Beach D g the east side of Cedar P''n LSIE b mission to ion lOp_30B for- r_'r once each week for 1 weeks Gene nve,Southold,(just south of Exce APPI•No. 3760SE_ G Premises IOcatedablish Winery, at I i cti eWy and and and extending,in for Ption. tl1e Zoning Or SPecial °f the NIi-ate Ong the n°r�side•ommeneing On the, 2 9 day of direction to this thence southgrl Apartment Permission to.estahlish Ordinance Count Cutcho ' �$ loop the Suffolk Conntycel identified on. sticuret a o existing dwellinry 1��5013ax Map Parcel No. 1000--' T i9 7:40p�14. Tax Maps as quire of accordance with there P.m. qI, ;� _ ments gricle O'B 9. 3764 p.m. g1iPluNO. 3768 lU p3e0B,subsection �Lo Section Zoning Ordin Ce'for Variances to thei Pro °n 1S• scion for a VarianceC Y: 480 G of. 100-31 and Article$Section 1 to the A Southold rissom Article Hance,Article ,,Secti. mg Ordi I'arcelNo'1�� C°untY Tax Lane; 119.1 forpe1illi . 'Section lo0_ construction of 100-31 for q 78 1-j03 Map /idcourt with 1p o'erect to Principal Clerk fence enclosure Pool with deck and. to the ppl'g Or 761- gazebo st ft- high fencin ngis frOntYard s sure With an insufficient Secio�mti V_,variance the ` mcturein an are g andi 100- dinance,Article J�.,ii� coves and excessive conversion o 30B(15)(M) to III' identif9e on the S ard, at piper than Yf" Premisese (over 20 Percent lot A fdwellin allow• Maps as uffolk Ccunt Ses Road known as 780 IIa ).. a t Pamnent with Ce g for Accessory,• Block 3 District 1000 Section Tax Cutchogue,NY. Ywaters Pancy dated mlicate of O Lot 3.5,al on 3, a Ir1e this v 6 r Map Parcel No.1 County Tax. though q{ida terlanua 4ccu- Fishers.lsland,NY. g Pnvate Road, 7:45 p.m 111-0I 016. indicates v t OfB ry 1,198 al. 8:55 J 4PPI• No. 3763 _ u' dwellin mhdrn9Inspector BRE p.ni' 4PPI• No. 37 the Zoning for a Van q irementsfora Ceg met the re, Va .TT AND JANET 78 19 MARY K.DEG g for Hance to Pancy had rtifreate of Hance to KEIIL _ NOTARY PUBLIC,State of New York I Section 100_ mance, Article aPPhlcaion Occu- Article the Zo g Ord' /��, Suffolk County No.a4�,860� 31 for c III, Y fashion n mac i III, Sec Hirt `uu�V,, (( �•1 timely been mance P (J addition at °nstrucion of an •Location of Pro em a`' t1On 10 (1w� erm res FebrJ 480 o moval of C 0-32'and ✓� 7, Expi ar 19 'exist' the westerl Gissom bane, Y A Conditions rendered re / mtgl dae Y sideOf tithe COO tY Tax p Pa3Othold el N°o.3641 une 18 -underI ; the to g with a reduc 78- Ma ' NY - order on J 90 East Yards' premises m 10.3. No. 1000< isubject Orallow conversion 1987 as Road, Cutcho known 8:15 P.m O r building as livable of the OuntY Tax Map Parcel $Ue' NY" Variances to EEB Proposed reconst area in 15. No. i000- Article Zoning Ord' tioR of 7:50 P•m prov Sec ion 100-3 Ordinance, Main dwell, y ePremises known as 5500 • APPI. No. 3759 of two Of insufficient area 1 for ap_ Count Road Y Tax Southold I and width 1000_ Map Parcel 11) anance to the ZO O for Posed set-Off parcels in this 78-q-32. a off division o pro_ 9;05 cle 1{l,Section mbg Ordinance; along Beebe Drive f land,located & P.M.APPI•No.377 v�Of 100-119.2fora County Tax NIa Cutchogue,NY, AS 4SE_H ticie t selbo stmcuire with P �D 103-3_ P Parcel ce tit setbac an, Part of No 1000- ption tooni Special Ex- ><d along Pe from an existing 8.20 P m R t 5. VA Section 100-70Bg Code. Article k� a's'23 me Bay, at AMVA OBERT AND LO construct for permission 1 -S,Htickelbe then'SPecial DI_ buildin additi g the existin P,Iast,Marion,Ny.C rry Zoning Ordina �t�Pti°n to yardg' (maintainin g P m rce�No.10�_31-16 unty Section 100-30B nce, Article Ill, of auto setback)for use pars Westerly APPI•No. 37555 9, to establish Bed and)for permission gine-rebuild'arts;added stoic y for E lishment in or estab= sated along shop at g and en- F Premises knao exassting dwelling at Road ug the-north side premises lo- pe- 2900 of S Avenue,Southold,]dry. Count. - Map Parcel N .0 1 Ny; Court e Maui ounty Tax 9:15 NOr1000-102-2-24Y lax-- ,<x HOWARD. APp1' No. 3776 _ A BRtSPccialD MARGARET Zoning Ord' Exception to the 100-30B mance.Article III Sec mitted- Priorlish (15��Parmission to esta6n subject he tin O the conclusion of the Accesso he P°Sed•add-- to exist ment in a Pro start before the Each he Will,., Hoe Premises kno ing dwelli more ' rma - me allotted. For tin as 435 ng,at Info Mattituck, Ny CountEastward Ct. I809. n,please call 765. PaTheNa 1000 115-7-9Y Tax Map Dated:September 16,1988. ime-and plaOarce f Appeals will at said THE So BY ORDER OF sons,or represenha ar any and all per- BOARD HOLD To. , heard in each Of tives desirin Gop Written co the above g to be ERARD P.GOEH APPEALS mments matters, Ri GER_ may also be sub- CHAIRMAN 6071-1 TS29 BY Linda K'ow alski tam H. Southold Town Board ofAppeals '.W 14 %�C' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN ���t���� � S o h d r ,,. o t of Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NOTICE OF HEARINGS RGSE * JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7: 40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance. to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Regular Meeting of -October 6, 1988 Southold Town Board of Appeals 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for . construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7: 55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect 1 Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3 . (Recessed from Prior Meeting) . 8: 00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI , JR. Variance to the Zoning Ordinance, Article III, Section 1007_31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. :.8 , Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8: 05 p.m. ELSIE D. YOUNG. Appl. No. 37605E - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3 . Appl. No. 3761-V - Variance to. the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15) {M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. . .. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8: 20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 1 Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) . with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-.99-1-24. 8: 40 p.m. Appl. No. 37695E - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS) . Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8: 50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119. 1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3 , Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987. in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 37745E -. H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback),for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map 'Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B( 15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct. , Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. r - F Page 7 - Notice of Hearings Regular Meeting of -October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any . and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the .subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski ------------------------------------------------- -----------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. -----------------------------------------------------------------x t ,1 Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. - as Agent for Frank and Sandra Curran as Agent for John J: Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for 'Tony Scarmato, Inc. 828 Front Street, Greenport, . NY 11944 Mr. Wilbur Klatsky,. The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY - 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. . 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D.. Young 480 Grisson Lane, Southold, NY 11971 Abigail ,A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. . Robert Baker 2900 Boisseau Avenue, :Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney - for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY . 11971 , Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis- 435 Eastward Court Mattituck, NY 11952 _Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members . Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) S13J pp rk AUG 03 1MQ TOWN OF SOUTHOLD, NEW YORK .,APPEAL % E 1 1 " BU L,LDI NG. INSPECTOR APPEAL NO. �3 DATE . ?�,eg...3....I./V TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ,ll?.S .F7.... `I.�T{,� �l d .........of ...... .. .x1A K. ............................. l L , Name of Appellant Street and Number F1..�G`�N.....:..P..:....................................... r�l.LK........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ................:................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ame of A plicant for permit of Street and Number Municipality State- ( ) PERMIT TO USE C ) PERMIT FOR OCCUPANCY 3o 1. LOCATION OF THE PROPERTY ....... ..... r� Street /Hamlet / Use District on Zoning Map District 1000 Section .M...a..p....N..o...........y...p...S ectionGB1 oLcokt /� Lot p�, G, Ld.Current Owner No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 4' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has been_made with respect to this decision of the Building Inspector or with respect to this prop y. Such appeal was ( ) request for a special permit (v/ request for a variance andwas made in Appeal No. .. T` ...........Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( , )) A Variance to the Zoning Ordinance , 7P k- I/,/!LAv is requested for the reason that /V—X Form zsi (Continue on other side) :L ' L REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce,practical;�dif#icul,'ties'or,-unneces- saryRHARDSHIP because •11te- A/ySf � G�G�;v1/oN � �Q �v.�� Za.��r o•`' ��c-� /I/�r�/�ff` �Io� /� Gr 1Jlr/11 Get Co TU L O G�� � f2�►r�I-e � 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 74 Is /y/ r STATE OF NEW YORK ) ) ss .... �/ i�nature . . .. . . ......................... COUNTY OF 5��FM�1 ) 2r� Swornto this ..........v............................... day of.......... . .................... 19 ��• .. . ............. .... Notary Public ELI*, OEjH.ANN-NEVILLE- Notary Nblic,State of New York No:52-8125850,Suffolk Co Term Expir8s October 31.19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO to the Board of A /eats of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1s ?(Va*rianth e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request e (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adj cent to your property and is des- cribed as follows: -zl_q qG 3. That the property which is,the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: VZI e s.� ���k Ili P/Xz Ive y 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article —3 Section_ /OD —_F [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the.Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners Names : ¢ Post Office Address IF Tel . No . +_ [Copy of sketch or plan showing proposal to be At,.agfte—_Jor; co'n've'nience purposes . ] d "PN� 1 'a PROOF OF MAILING OF'NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRES4�e rl A/ka 4,7 #Z-4�4" /'O� le"le, 4'e'�/..,Y, i 1'%al P � �r/ _ _�1_S,S�y''�l�N d-ref,¢• - -- -- -- - -F✓v��� s�i�.eJ� 3IGi��ov7 �� lev�i l/1/�wr� _fJ2d3zi - -�,/1_d/_�S_7�l .��i_t/_/_2y!_•y_�/�/' r Ltd f,__ ZGC� __LL�/.2�e�__.�����/_I7yi�. _z z_-.��Jj�v�_i�ii_v���rNy Gt STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) e 1 PXC, residing at ® L C h being duly sworn, deposes and says that on the day of , 19 . deponent mailed a true copy of the.Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by .(certified). (registered) mail. Sworn to b fore-me this day-of 19 :2 Notary Public ELIZABETH ANN NEVILLE _ Notaryry Public,State of New York No 52-8125850,Suffolk Co ypgr/ Term Expires October 3111 (This side does not have to be completed on form transmitted to adjoining property .owners.. ) r Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 3, 1988 Transmitted herewith is Zoning Appeal NO. 3765 application of Joseph C. Spitaliere for a variance. Also included is: Notification to Adjacent_ Property Owners; Short Environmental Assessment Form; Idtter relative to NYS Tidal Wetlands Land Use; Notice::-of- Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Southold Town Clerk FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . .�. . . . . . : . 19 � To PLEASE TAKE NOTICE that your application dated Z , 19 . P . . .b. . . for permit to c� ' 44 G} . . . . . at Location of Property � � . ,4" ,�� ..1� ��. . . f`�,��G. House No. l Street � Hamlet County Tax Map No. 1000 Section . . . . . . . D. . . . Block . . . . . .T• . . . . . . Lot . . . . .�4� . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .ez �� c�y-'��. .lam. . . ✓G?Q�-c�,l.,. . . :� / - 45a- - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Builc[Xnq In�ector RV 1/80 OW'"" i ` . . . . . B0.- -�-i OF HEALTH • : : : : : • . . . { FORM N0. 1 3 'S OF PLANS " 21 -88 SURVEY . . . . . . . . . . . . . . . . . . . . . V TOWN OF SOUTHOLD CHECK BUILDING DEPARTMENT SEPTIC •FORM • . • • . • .BLDG. DEPT. • • • . . • . . . TOWN OF SOUIHOLD TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 CALL . . . . . . . . . . . . . . . . . . . . . Examined . . . . . . : . ., 19 � MAIL TO Approved . . . . . . . . . . . 19 . . . Permit No. . ' Disapproved a/c . . ,� • , , , . . . ..;.. . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . ... . . . . . . . . . . . . .. 19 . . . 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 shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose 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 inspect' s. grlatufe o appl' ant, or name, if a corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . . . . . . . . . IJG??! . . . . �. . . .�. . . �!�. �'�''/ 4?• ,! (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . * I , " ' * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. House Number Street Hamlet County Tax Map No. 1000 Section . . . . . .9e). . . . . . . . . I Block . . . . . .� , , , , , , , , , Lot . .!.'7 . , , , , , • , , , , Subdivision . .n4A .See r`A . . . . . . . . . . . . . . . Filed Map No. lQ. . . . . . . . . Lot . . . .71j-1tj . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . . . .v&.C• �! . . . . , •_ ; b. Intended use and occupancy . . . . .�. . ��9�'1 .�i `^-�... . . . . . . . . . . .-. . . . . . . . . : . . " . . . . . . . . . . . . . . y . 3. Nature of work (check which app eagle): New Building . . . . . . . Addition . . . . . . . . . . Alteration . . . Repair . . . . . . . . . . . . . . Removal . . . . . , . . . . . . Demolition. . . . . . . . . . . . . . . Other Work,.".. . U U (Description) 4. Estimated Cost . . . . . ,�� ` �t . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . ,.,,, . . . : . . . (to be paid on filing this-application) S. If dwelling,number of dwelling units . . . . . . f. . . . . . . . Number of dwelling units on each floor . . . . . . . ... . . . . . . . Ifgarage, number of cars . . . . . . . . /. . . . . . . . . . . . . I. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and,extent of each tyP,6 of Wyse . . . . . : . . . . . .< . . . . . . . . 7. Dimensions of existing structures, if any: Front,. ..�!7, � . . . . Rear . . . .`'f. (.-© . . . Depth . . ,34,_ Height . . , .349 !. . . . . . . Number of Stories . . . . . Z. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . : . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . .8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . ... . . . . . Height Number of Stories / • �i.• 9. Size of lot: Front . .;.07, i$. I Rear . . . ./,gyp, .f. . . . . . . . . . . . . De�/th j p.f/Z, i�� , . . . . . 10. Date of Purchase %�/. CoeWl!^�FG./. , . : Name of Former Owriei . . .e eey.1. ./. . . . . . . . . . . . . . . 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 . . : . .�`?f. . . . . . . . . . . . . , . •Will excess fill be removed from premises: • • • • •Yes . • • ��lo'J 14. Name of Owner of premises . . . . . . . . . . . . . . . . . . ... Address . . . ... . . . . . . . . . . . . . .Phone No. . . . . . . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . Phone No. . • • • . . . . . . . . .Name of Contractor . • . . . Address . . . . . . . . . . . . . . .Phone . . . . 15.Is this property nd?located within 300 feet of a tidal wetla *YES.•. . .NO. . . .• . . *If yes , Southold Town Trustees -Permit may be rgquired. PLOT DIAGRAMLv/7 j1 ul f t Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot.. STATE OF NEW YORK, S.S COUNTY OF . . . . . . . . . . . . . . . . . • • • • • . . . . • . . . . . . . . being duly sworn, deposes and°says that he is the applicant (Name of individual signing contract) above named. fieis 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 contained in this application are true to the best of his knowledge and belief;and that the ,vork will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . ., 199 `lotary Public, . . . . . , ;��!, , . , . . . . . . County EN G/ NiJ17ARY P 6lK K. of New Yolk �. . •r .�.= . . . . . . . . . . . Na 4707879,SuffolkCou (Signature of applicant) Term Expires March 30,14. + ,14-16 4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. A/PPLICANT/ POON�SOOR � Q 2. PROJECT NAME �lD S C�J 7 3. PROJECT LOCATIO ' Municipality County s'Ci/A!:;o 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION: Lr-YNew ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 35d 30 �Yo�f Y��l�T,ln�c cll of L 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACT ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes No If No,describe briefly , 9. WHHAT/aPRESENT LAND USE IN VICINITY OF PROJECT? L�Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 11V'f -s '�e 10. DOES ACTION INVOLVE A P RMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT-OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes No If yes, list agency name and permit/approval • 12.-AS A RESULT OF P50OOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes DIN. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) onmental ew e Snr n1e1 Act requires this form, and anenvironmetalrviewwillbedeby submission before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. 7 (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes NO 2. Will there be a mayor change to' any unique or unusual land form on the site? ,_ _Yes (/No 3. Will project alter or have a large effect on / an existing body of water? _Yes �No 4. Will project have a potentially large impact on groundwater quality? _Yes o 5. Will project significantly effect drainage flow � on adjacent sites? Yes C/No 6. Will project affect any threatened or endangered plant or animal species.? Yes o 7. Will project result in a.major adverse effect on , � air quality? _Yes (_G`"" 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes _ o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes CK-0 10. Will project have a major effect on existing or future recreational opportunities? Yes 41<0 11. Will project result in major traffic problems or cause a major effect to existing transportation Systems? Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- / ance as a result of the projects. operation? _Yes O 13. Will project have any impact oh' public health or safety? _Yes &40 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the characte— of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes Preparer's Signature:_ Representing: �S�j / .Zg Date:* ZBA y/75 -=�v d- QUESTIO_dNAIRE TO BE COMPLETED AND SUBP11TTED 10:T11 YOUR APPLICATION FORMS 'PO `l'11E BOARD OF APPEALS i Please complete, sign and return to,,, the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please be sure to' depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference:) es No b)Are there any areas open to a waterway without bulkhead? es No 3. Are there existing structures at or below ground level, such as patios, foundations , etc? Yes 4. Are there any existing or proposed fences, cancrete barriers , decks, etc? Yes To 5. If project is proposed for an accessory building or structure, iS. total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes , please. submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are.,pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board _ Yes (�N� Town Trustees CYes) No County Health Department es No Village of Greenport Yes (2 N.Y.S.D.E.C. es No Other es �i� 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) f�e���� . Ye No e,, � '� 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Lo 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed a ,'/ Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance y /the Board of A peals in considering my application. � y S ' atur (Prope)?ty Owner Authorized Agent 1/88 WETLANDS [Amended 8-26-7(; I)y L.L. No. 2-1976; 3-20- ' 85 by L.L. Niv).G-19fi5p A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximurn depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadow4, flats.or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides an(i upon which grows or may grow some or any of the following: salt hay, black grass; saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1; § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 130) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." a ( 9705 2.25•H5 2 IINY13TU Form 8041 (Itev, 1 1/78) —CONTItACT OF SALI•: WARNING: NO RI-PRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE HE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casually loss before the title closing. Unless different provision is made in this contract, Section 5-1 31 1 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. I)ATF: CONTRACT OF SALE made as of the day of April I9 88 BETWEEN PARTI1:S: JOHN C. W. CAMPBELL Address: Main Road, Southold NY 11971 hereinafter called "SELLER", who agrees to sell; and JOSEPH SPITALIERE Address: Noel Place , Smithtown NY 11787 PREMISES: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully-described-on a separate page marked "Schedule A," and also known as: Street Address: Lot 44 on Subdivision Map "Cedar Beach Park" Tax Map Designation: filed as map #901000-90-4-14 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9, PERSONAL TT E--trreper-t-y—etteched--t-o-or•used-in connection-witlrthe-PREir11SE-S, PROPERTY: unless specifically excluded below. SELLER states that they are paid for and owned by SELLER_fr&_e a d-elcnf al ny lien oilier than the EXISTING MORTGAGE(S). They include but are not limited Lo_plumbirrgTating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door m• s n Winds, shades, screens, awnings, storm windows, window boxes, storm doors, mail bo vanes, flagpoles,pumps, shrubbery, fencing,outdoor statuary, tool sheds, dishwashers, wa mes, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning d_w aU-to_w alLcarpe ting. Premises consists of vacant land Excluded from this sale are: Furniture and household furnishings, PURCHASE 1. (a) The purchase price is PRICE: Payable as follows: On the signing of this contract, by check subject to collection: By allowance for the principal amount still unpaid on f1.XIST'ING MORTGAGE(S): By a Purchase Money Note and Mortgage.from PURCHASER (or assigns) to SI?LLER: BALANCE AT CLOSING: (b) 1f this sale ir.guly tlu_.L'urcliase�onc�Nn.l�aluLMnitgagr_W I1 ;,Ica-provid�thaLir will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE _"-glided or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form�f—IdEw York Board of 'Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage rgjC.�dftT9_­tax, recording fees and the attorneys fee In the amount of$ for Its preparation, (c) If any required payments are made on an EXISTING MOR'' between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE ie amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SE _ agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXJ,&T G MORTGAGE will be made. (d) If there i r gage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER shall as ' o PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow accouni t 111 L.� 7 Rider'' ult.iclr nr;., used xvith Stmidnal NYRTU morn 8t, rev. 1 1/78 SCI117_l ul..F A (Uesc•riplirnr of Premises) All that certain plot, piece or Marcel of land. with the buildings and improvemcnts thereon erected, situate. lying anel being in the y ALL that certain plot, piece or parcel of land, pith llic buildings and i(upnnemcnts Iherenn erccled, situate, ni lving and being in the Town of Southold, County of Suffolk and State of New York known and designated as Lot No. . 44 on a certain map entitled "Subdivisi Map of Cedar Reach Park situate at Rayview, Town of Southold, New York, made by Otto W. Van Tuyl, Professional Engineer and Surveyor, Greenport New York", and filed in the Office of the Clerk of the County of Suffol as Map No. 90 . CW v0 `This Form is (lisl ribulc d, as a cc�uvc uicnc c , by ] r.cf. it»rc.ric�r.�i 7tllc 111st11-nrice Comlmny New Ym-k. I IOAll; OF IC F I(1'i(1 I•raiit liii �t r•iiii• RIDER ATTACHED TO AND MADE PART OF CONTRACT OF SALE OF PREMISES: Cedar Beach, Southold NY All of the paragraphs and provisions contained in this Rider are incorporated into a printed form of this Contract and made a part thereof with the same force and effect as if therein originally set forth. If there shall be any inconsistencies between this Rider and the basic form contract herein, this Rider shall control and take precedence over said printed form of Contract. 1 . SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements,restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of title . However purchaser shall not be required to take title if s state of facts shall render the title unmarketable, or if said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises . 2 . CONTRACT DEPOSIT: The downpayment hereunder shall be held in escrow in an interest bearing account by Paul A . Caminiti, Esq. , the attorney for the seller, as escrow agent until closing of title with interest to follow the funds . The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder: - The escrow agent shall not be responsible to .any of the parties hereto for any action or failure to act, unless such action demonstrates. bad faith. The purchaser and the seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of this Contract of Sale, to deposit it with the Clerk of the Court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with 'the clerk of such court, all funds deposited with it hereunder and thereupon the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. The escrow agent shall have no duty to invest any of the funds deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action or failure to act, unless such action demonstrates bad faith. 3 . REAL ESTATE BROKER: The purchaser covenants and warrants that Marion R. King Real Estate, is the sole and only broker who brought abut this sale and the only person entitled to receive commission from the sale thereof and seller agrees to pay the broker commission earned thereby. Purchaser agrees to indemnify . f and save the seller harmless of and from any and all liability, expense, claims or demands by reason of purchaser 's acts, and makes this covenant as an express inducement to the seller intending that the seller shall rely thereon. This provision shall survive delivery of the deed. 4. FULLY EXECUTED CONTRACT: The submission of this contract does not constitute an offer and neither side shall be bound until the contract is signed by all the parties. 5. OBJECTIONS TO TITLE: " The purchaser agrees to deliver to the seller's attorney, at least ten (10) days before the date set for the closing of title, a statement of any alleged defects, encumbrances or. objections to title, except those subject to which by the terms of this agreement, the premises are to be conveyed or which may be expressly waived herein. At seller 's request, seller shall be given a reasonable adjournment of the closing to permit seller to endeavor to eliminate such defects, encumbrances, or objections. If the seller is unable or unwilling to eliminate such defects, encumbrances, or objections, defects, or encumbrances without an abatement in the purchase price and without any claim for damages; (b) reject title, in which latter event, seller shall return to purchaser, all money paid hereunder , together with the net title company fees as actually charged, and thereupon, this agreement shall be null and void without further liability of either party to' the other. 6. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the seller should be unable to convey a good and marketable title subject to and in accordance with this agreement, the sole obligation of the seller shall be to refund the purchaser's downpayment made hereunder and to reimburse the Purchaser for the cost of title examination, plus survey, if any, and upon making such refund and reimbursement , this agreement shall wholly cease and terminate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall wholly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises marketable. The purchaser may, nevertheless, accept such title as the seller may be able to convey, without. reduction of the purchase price or any allowance or credit against the same and without any other liability on the part of the seller. The term "cost of title examination" is defined for the purpose of this agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed the net amount charged for, title examination of the property without issuance of policy. 7 . LIQUIDATED DAMAGES: If the purchaser shall default in performing the terms of this agreement on the part of said purchaser to be performed, the down payment made upon the signing of this Contract and any additional payments which may hereafter be made hereunder may, at the option of the seller, be retained by seller as liquidated damages in which case both parties shall be relieved and released of and from any further liability hereunder . 8 . NOTICES: Any notices to be given under thig contract may be given -by or to the respective attorneys 9 . ASSIGNMENT: This contract shall not be assigned by the. purchaser without the written consent of the seller which consent will not be unreasonably withheld provided both Camilia and JosephSpitaliere remain personally liable on the bond. 10 . , ADJOURNMENTS: If the closing of title shall be adjourned at the request of the purchaser, all adjustments, including but not limited to taxes, interest on existing mortgages and purchase money mortgages, sewer rents, water adjustments and all municipal levies or assessments shall be paid by the purchaser as of the date originally set ,for closing of title had originally occurred on such date of closing of title first appearing in this contract. 11 . FOREIGN PERSON: (a) Seller represents that he is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on Dispositions of U. S. Real Property Interests", and agrees to deliver at closing an affidavit stating under penalty of perjury, the transferors U. S. taxpayers identification number and that the transferor is not a foreign person (b) Parties shall set forth their respective Social Security (EIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1986, and shall execute at closing the title company form of report. 12 . CAPITAL GAINS TAX EXEMPTION: (a) The parties agree to execute any., do-cuments required in connection with exemption of the transaction from New York State Real Property Gains Tax, and if any tax be due, to furnish a portion of the monies due a closing in form acceptable to the County Clerk for the payment of same . . Seller shall be responsible and pay for any such tax which may be found due. (b) This contract may not be assigned so as to avoid reapplication requirements of the above . w i 13. CAPITAL GAINS TAX: (a) Purchaser . and seller agree to comply timely with the requirements of Article 31—B of the New York Tax law and all regulations. of the Department of Taxation and Finance ("State Tar. Commission") applicable thereto (collectively, Gains Tax Law") in .good faith and in such manner as to avoid any postponement of the closing as herein provided, or of the recording of the deed• to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, upon signing this agreement, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. 14. ADJUSTMENTS: All adjustments and apportionments shall be made on the basis of a thirty (30) day month regardlessi'off••th'el.- number actually in the month of . closing and adjustments will be made as of the date of possession. 15. CERTIFICATE OF OCCUPANCY: Seller shall furnish individual Certificates of` Occupancy for vacant land covering the subject premises (excluding Orchard Lane) . In the event that a current survey is required by the municipality in .order to obtain said certificate of occupancy •or equivalent, it shall be the responsibility of the purchaser to provide such survey to the seller at purchasers' sole cost and expense. In the event of the inability. of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. 16. DELIVERY OF THE DEED: It is specifically understood and agreed that the acceptance of the deed by the purchaser shall constitute and b deemed and considered full compliance by the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery. and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by the seller in writing at closing of title. 17. WATER TEST: This contract is conditioned upon purchaser having the right to conduct a Test to determine whether or not a well dug upon 'the subject premises will yield water which will meet the requirements and minimum standards of the Suffolk County Department of health. Purchaser shall furnish written evidence of liability and workmen's compensation insurance for the well driller, who shall be permitted access to the property upon furnishing such evidence of insurance. .In the event that it is found that the water does not meet the, foregoing standards, purchaser may elect to cancel this contract and have returned the deposit monies, in which event paragraph 20 of the printed portion of this contract shall not be deemed to apply. Purchaser shall take steps to safely "cap" any well casing remaining on the premises, which shall become the property of the seller. WPPOWI�ON- 13. The following are to C )ortioned as of midnight. of the day before tl y of CLOSING: ict[ N'1'S: (a) Rents as and .when ct ed.XKKM Xc)fXIYINRRINN)k ,KIXIXI?C; 9�X3( }4'z�eYrzY �7{sXr�`t�Xc�fiXDLig?4Y;i}i {i3f} 3fiXtYeX{3tti�XihTi}[cXI�H �b�s�Rls'�XX��ri{}�XiXr?� ) ) ¢f. (d) Taxes, water charges and sewer rents, on the br• of the fiscal period for which assessed. (e) Fuel,if any. (f) Vault charges,if any. If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old t rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall sure CLOSING. WATER 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days bef, METFER CLOSING date and the unfixed meter charge and sewer rent, if any,shall be apportioned on the basis of such last rcadi READINGS: ALLOWANCE 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unp i OR UNPAID taxes, assessments,water charges and sewer rents, together with any interest and penalties thereon to a date not less than I TAXES,ETC.: business days after CLOSING,provided that official bills therefor computed to said date are produced at CLOSING. USE:OF 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER n PURCHASE use any portion of the balance of the purchase price to discharge it—As an alternative,SELLER may deposit money with t PRICE TO PAY title insurance company employed by PURCHASER required by it to assure its discharge, but only if' the title insurai i:NCUNI- company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Ur l3RANCES: request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks requested to assist in clearing up these matters. AF1--'IDAViT 17. if a title examination discloses judgments, bankruptcies or other returns against persons having names the same as AS TO similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are JUDGNii;NTS, against SELLER. BANKRUPT CIES.: DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or Coup TRANSFER officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of i AND deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check RECORDING and the tax return to be delivered to the appropriate officer promptly after CLOSING. TAXES: PURCHASER'S 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMIS LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of t PREMISES, Such liens shall not continue after default in performance of the contract by PURCHASER. SELLER'S 20. If SELLER is unable to transfer title to PURCHASER in 9ccordance with this contract, SELLER'S sole liability sh made for:p g iNA131LITY be to refund all money paid on account of this contract,plus all charges (i)examining the title,(ii) any appropri; TO additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refu CONVEY AND and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any furtl or: NATION rights against the other. of LiA 131 LITY: CONDITION 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and OF thoroughly acquainted with their condition. PURCIIASFR agrees to purchase them"as is" and in their present conditi PROPERTY:ERTY: subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have t right, after reasonable notice to SELLER, to inspect them before CLOSING. FNTIRE 22. All prior, understandings and agreements between SELLER and PURCHASER are merged in this contract. AGREENIENT: completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon a statements made by anyone else that are not set forth in this contract. CHANGES 23. This contract may not be changed or cancelled except in writing. Tile contract shall also apply to and bind t NiUST BE IN distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties here WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. SINGULAR 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require ALSO MEANS PLURAL: In Presence Of: ..c�� 44e7y-i2-a69' Seller So . Sec . # �Bu r/ Soc . Sec . #