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Home My WebLink About3900 v may_ ` Southold 'own Board of Appeals 4 "Alit: 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. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3900 ` Matter of GERHARD SCHREMMER. Variance to -the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of GERHARD SCHREMMER under Appeal No. 3900; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and 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 has made the following findings of fact: 1. The premises in question is located along the southeast side of Oak Drive, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 080, Block 02, Lot 001. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient .width. Page 2 - Appl. No. 3900 Matter of GERHARD SCHREMMER Decision rendered February 15, 1990 3 . Article XXIV, Section 100-244 B, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure. may be erected on such lot for use, in accordance with all the other applicable provisions of this- chapter, provided that proof os such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. The subject premises for the proposed house is known and referred to as being 35 ft. from the south property line, 10 ft. from the east property line and 27 ft. from the west property line. The house will be 28 ft. by 40 ft. and contain 11% of lot coverage, approximately 10,673 sq. ft. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed one family dwelling in any other location on the premises will require other Variance relief; (c) that the are chosen for the one family dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors the interests of justice. will be served by granting the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3900 Matter of GERHARD SCHREMMER Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of GERHARD SCHREMMER as applied under Appeal No. 3900. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio, (Absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. df ; v GERARD P. GOEHRINGER, CHAIRMAN AND FILM BY Ti"E SCuTEC-LD Oti`;If C r L.� i,ti DDT-- 31a_</90 I CZTR ;3 U Town Clerk, Town of S ; cutl old L s "tf• fir',,• Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS 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, FEBRUARY 1, 1990, at the following times: 7 :30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3 , (100-33)•, as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7 :35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A. 4, (100-33) , as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7 : 40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7 : 45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct addition to existing dwelling. proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7 . 3 . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7 : 50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001 . 7 :55 p.m. Appl. No. 3897 - PARKER J. WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8: 00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI . Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17 . Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8: 05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B ( 6) , for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19 .2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4. 3 . 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI . Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m.. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8: 25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II. (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3 . 2, 3. 3, 4, 6.1. 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 time allotted. Additional time for your presentation will be available, if needed. For more -information, , please call 765-1809 . Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . �i ./ . . . . . . . . . . . . . . .. 19&. . 62 PLEASE TAKE NOTICE that your application dated . . . . . . . . . . .�/�'/ . . . . . . . . .. 19 �. . for permit to ��d�%� l�t�W • lL . . .c�'X�. . �.G�� '� 1 ' . . . . . . . . . . . . . . . . . at Location of Property � �0 GrFG ✓. / � EGG. . . . . .f� �� House No. Street �• Ha l County Tax Map No. 1000 Sec ion . . . . Ff� . . . . Block . .a. . . . . . . . . Lot . . 0.4./. . . .m.�. . Subdivision/ 4af4 Filed Map No. . . . h Al. . . . . . . Lot No. . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .(lOL� . . 10 IF /. .. . . .. . . . . ." . . . .�/.�r�. . . . . . . . . . . . . . . . . . . .� . . . . . . .� '00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . .ti0 . . . . . . . . . . . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,t D' . . . . . . . . . . . YCr. . . . �. . B ildin In pect r RV 1/80 TOWN OF SOUTHOLD, NEW YORK ,5s 4, 1 V_ 099 FROM DECISION OF BUILDING INSPECTOR APPEAL NO. a DEC 1.�P. DATE .:.;12�15/89,,,,,,,,,,, Southold Town perk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) .RUDOLPH..H:..BRUER................................of ...QNq�fl„Main Road........................................... .. ........... .... .. .. .. Name of Appellant Street and Number ..............Southold............................................................... ...N:Y: ..............HEREBY APPEAL TO ... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ............11129./.$9........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Salvatore DiSalvo...(Contract„Vendee)„Gerhard Schremmer ........................ Name of Applicant for permit of „47-39„1,62nd„Street..................Elushing.,..N..Y... 11358................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY W PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY 1380 Oak Drive, Southold A-40 ..........................................— ..................................... Street /Hamlet / Use District on Zoning Map District 1000 Section08O Block02 Lot001 ................................................. ... ................Current Owner Gerhard Schremmer /vlop No. Lot 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 XXIy Section 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( )0 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that the zoning ordinance prevents Applicant 's proposed dwelling construction on this nonconforming building lot . Form ZB1 (Continue on other side) ' .l_��s i•r'..s.�).��il'.=..�I,;•^:1`t liR.°SSvd",7 DEC 1 1..�.1•� (•.. :.i:•t, ..d'ii1�'..1 Hi�etC l:i.:i�a�S-�,� 1014 Town Clerk REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or urineces- scry-HARDSHIP because The width of this lot preexisted the provisions of the zoning ordinance being appealed . In order for the proposed construction to comply with setback requirements , compounded by this being 'a corner lot, the building could not exceed 15 feet in width. 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 This. is one of the few remaining building lots in this •;, long-established community. The restrictions placed upon this applicant did not exist and, therefore , were not imposed on the surrounding properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The dimensions of the proposed construction and the variance request are modest, in keeping with the character of the community and the spirit of- the ordinance. STATE OF NEW YORK ) ss .. .. .... . .. ... . . .. . .............. ................ COUNTY OF SUFFOLK ) Signature Sworn to this ............................15th.......... day of............................. December,,,,,,,,,,,,, 19 89 .. � ...................... Notary Public PUCISTOTER MW PUBU STATE F NEW YORK COMMISSION EXPIRES AUGUST 31,191091 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT A Le C, FORMER OWNER N E ACREAGE S W TYPE OF BUILDING T,--ft RES. SEAS. 'VL. 311 FARM comm. I IND. I CB. I misc. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 66 j4ze 1%?6 S-- Sglt, AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total 4) i J T T 1 I I I � I I I I i I I I i M. Bldg. Foundation Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension j Fire Place Heat � I— i Porch Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage I i Driveway Dormer O. B. jFx v+. • Preppared In oeco With the m!nlmyrrl The water supply and sewage � d i Stan` for title survvys as established to ms la► !hs residence w, c I Nell by the L.I.A.L.S. and approved and adopted to the standards of The Suffolk County Joe'. Por such use by The Haw York State Land Department of Health Services. Title Zsociallon. wrrN The locations of wells and cesspools shown hereon are from field is c un Chow r� ]` observations End or from dalu obtained from others. "Cp 1 locm+o� S unKn own. 4!►/0) / w�L /PRfV4 r yam , A ` CFB� ' f 40,40) Aa/ r >y D ;/ 15 ��osr . 0 o, ra'o i s ( FAD r0.r0 OJIN 02V y 0 1 o- .1r h / *ULL v 3 M .27! O UI-1 �14 0 > W r � J 7f I i v !Cr ^\ AA— Ica � o a W ror c Cr a Sfr4�/Srtp ° C o OFLL 8 �.. N CRYWELL . 2 �J b 20.0 !A9 SET - "'L 65.00' N 89'48' 40" W HAc a_ (D WELL INIS) SURVEY OF w LOT- 5 OBLOC:K ��D�� CERTIFIED TO, MAP OF TICOR TITLE GUARANTEE COMPANY REYDON SHORES SOUTHOLD SAVINGS BANK SAL VA TORE J. DISAL VO FLW AtY2, WX FU NO. 01 ARLINE M. DISALVO °° AT BA YVIEW TOWN OF SOUTHOLD �5�o I•,allo�G o' eppWN SUFFOLK COUNTY, N.Y. 9L SA DY EM 1000 -�./--8-0./ - 02 - 01 0 °' % `�`ti LOAu O BROWN SANDY 6• r a�E7�l�'•-�1 + •rI BROWN WEDM SANDAug 1, 1988 _, urnsCLA �� •n r ;As S. LIC. N0. 49668 WATER n MO*N CLAYEY SAND RS, P.C. W"LAYERS av SANDY CLAY 516)'-765�'`IP P. 0. BOX"_ 909 BROWN WATERel PALE COARSE sAro _ MA/N RGtI D Z+' C.F.,s aa�so io �-S-� I SOUTHOLD, N.Y. 11971 88 — 4 J9 O ' Southold Town Board ®f 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. JOSEPH H. SAWICKI _ JAMES DINIZIO,JR. March 19, 1990 Mr. . Salvatore Di.Salvo 47-39 162nd Street Flushing, NY 11358 Re: Appl. No. 3900 - GERHARD SCHREMMER (Variance) Dear Mr. DiSalvo: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning Rudolph Bruer, Esq. .CO'U'IVTY` O'F-SU FFOLK . ��. L �D PATRICK G. HALPIN I SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 March 26, 1990 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. A icant(s) Municipal File Number(s) Gerhard Schremmer 3900 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb ti VETERANS MEMORIAL HIGHWAY - HAUPPAUGE, L.I.,NEW YORK 11788 (516)360-5192 Offs Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. . SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XXIV Section100-244 B Variance from Determination of Southold Town Building Inspector , Special Exception , Article Section Special Permit Appeal No . :3900 - Applicant : Gerhard Schremmer Location of Affected Land : 1.380 .Oak Drive , Southold , NY County Tax Map Item No . : 1000- 80-2-1 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 Channel 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 construct a one family dwelling which will have insufficient front and side yard set acts,lot has insufficient width. Copies 0f Town file and related documents enclosed for your review. Dated : March 22 , 1990 1 16 2 THE CHAIRMAN: The next appeal is in 3 behalf of G_e:r:ha-rd::-Schremmer.,, Appeal Number 4 3., .; The legal notice reads as follows : 5 Upon Application Number. 3900, Gerhard s Schremmer, variance to the Zoning Ordinance, 7 Article XXIV, Section 100-244 B, for per- 8 mission to construct a one family dwelling, 9 proposed construction will have insufficient 10 front and side yard setbacks, lot has in- sufficient width. Property location: 1380 11 Oak Drive, Southold, County Tax Map Number 12 13 1000 , Section 080 , Block 02 , Lot 001 . A copy of the survey indicating the 14 map was . . . I `m sorry . . . most recent date 15 on the map was August 1, 1988, produced by 16 e6.v/c lea-e,x- - Surveyors, indicating a proposed 0 17 4 house 28 feet from West Shore Drive, 27 feet 0 18 from Oak Drive, 10 feet from the rear Y 19 property line, and 35 feet from the other m 20 side yards . I have a copy of the Suffolk 21 W County Tax Map indicating this and 22 surrounding properties in the area. 23 Is there somebody who would like to. 24 speak? 25 1 17 2 MR. BRUER: Rudolph Bruer, on behalf 3 of the application, Main Road, Southold, 4 P.O. Box 1466 . 5 The problem here is that the property 6 here was developed in 1931, known as Radiant 7 Shores, 27 years prior to the existence of 8 ' zoning in Southold Town. My clients had s entered into a contract on June 30 , 1988 , 10 with respect to the purchase of this pro- 11 perty for a purchase price of some $85,000 . 12 What their initial reaction was , that they _ 13 know and knew that the property was small 14 with -respect to the present requirements of 15 the Town, but also knew that they liked 16 living in Radiant Shores , having friends 0 0 17 there and that this was a valid lot. 18 I believe the Board has in its file a s 19 vacant land certificate of occupancy, issued W Z 0 20 by the Town of Southold, I believe dated 0 21 1984 , and it was based upon that representa- u z W 22 tion of that vacant land C.O. that we 23 entered into this contract of construction. 24 We know that the C.O. requires that you get i 25 the various , and it so states , the various 1 18 2 other approvals with respect to the require- 3 ments of a building. The contract that 'we 4 have is a contract that is conditioned upon 5 being able to build and, as you know from 6 the application here, there are two things 7 that we must do: One, we have a 65-foot lot 8 in an area that requires 80 feet in width. 9 We also have a unique situation in that the 10 property is fronting on two roads, which 11 requires two front yards . If it was on an 12 interior lot , we would not need. 13 Next, the second variance we would 14 just be asking the Board for is a variance 15 with respect to the lot width. Without the 16 variance for the side yards, we would be e 0 17 stuck with a 15-foot wide house, which I 0 18 don' t think anybody in this town particu- s 19 larly wants, and it would look like a long, m 20 long trailer. It would look like something 0 21 from way down west or the early Queens, and V Z W 22 I don' t think anybody would be particularly 23 interested in owning or living in such a 24 residence. 25 The first thing that we did was that 1 19 2 we realized that we had a problem with the 3 Suffolk County Health Department , and we 4 spent a great deal of time to date with the 5 Health Department . To wit, we made the 6 application to the Health Department . It 7 was denied, with the request that if you 8 wanted a variance you could go to the Board 9 of Review. I believe the Board knows the 10 length of time it takes to get to and 11 through the Board of Review, which we have 12 gone through, and they have approved the 13 water systems . I will submit, along with a 14 copy of the contract, the Board of Review' s 15 letter of approval . 16 I will also show the Board, I think 0 17 if you have not looked at the Tax Map, we 0 18 have highlighted the various lots in the s 19 area showing the lots that are of similar W m 20 size or smaller. At this point I think I 21 would like to submit those maps, a copy of u z W 22 the C.O. , a copy of the contract, and the 23 Board of Review's letter. 24 THE CHAIRMAN: Thank you. 25 MR. BREUR: Here are three copies to 1 20 2 pass around, the Board of Review's approval 3 of the water and, as promised, highlighted 4 maps of the subdivisions showing the lots 5 similar. 6 THE CHAIRMAN: Could I just ask you 7 one question, Mr. Breur? 8 MR. BREUR: Yes . 9 THE CHAIRMAN: This lot was never 10 part of any of the two surrounding lots . It 11 is continuous, is that correct? In other r 12 words, it was never divided from any one of 13 those two lots . 14 MR. BREUR: I have a single and 15 separate search, if you would like to see 16 that, and it would show that in 19 -- I e 17 think it was ' 88 -- Mr. Schremmer purchased 0 18 the property from, I believe, the estate of s 19 Toothacker (phonetic spelling) , and Tooth- W 20 acker owned this lot, and I guess the lot to 0 21 the south, we believe, but in looking at V _ W L 22 that it would be this lot here (indicating) , 23 that would be this lot to have been imprac- 24 tical in its existence. 25 I would like to point out that we ' 1 21 2 have proceeded to this point and have 3 recently inquired of the Building Inspector 4 again of this C.O. of 1984. As far as they 5 can see, it is a proper C.O. and of which 6 based upon . . . which today Mr. DeSalvo 7 (phonetic spelling) has spent over 2, 470 8 some-odd dollars for the various application 9 fees, test wells , border review, and various 10 fees . I could give you a breakdown of every 11 r one, if you want . 12 THE CHAIRMAN: No, it is not 13 necessary. Could you just afford us a copy 14 of the single and separate search? 15 MR. BREUR: You will notice it only 16 goes back to, I think, 1982. Not to belabor s 17 the point , but I think the Board can see the 16 financial hardship here. The other lot that 0 19 was purchased from Toothacker has already s z 20 been sold, I think in '88 . I had nothing to 0 21 do with that transaction, but it has been V i W L 22 sold. It has been mortgaged. It has a new 23 owner. It is not in the control of Mr. 24 Schremmer at this time. 25 The hardship , as you can see, is . 1 22 2 that this lot will be useless . It is worth 3 $85 ,000 . It is a nice lot . We already 4 expended, as we said, $2 , 471. 50 on this . 5 Again, the practical difficulty is that the 6 lot again was created in 1931, and the 7 9 financial hardship is already stated, as you m 8 can see from the signed contract before you. 9 The few remaining points I would like 10 to say is that this application here is very 11 ` unique. There are very few lots , very few 12 lots left in this subdivision. They all 13 have been built upon. The community has . 14 developed from what was once strictly a 15 summer community . . . it is almost, a majority 16 of all year-round residences . A house, one e 0 17 of this one structure on this lot, would not 18 change the character of the community and 0 19 that you would just be adding one house, W z m 20 probably meeting the more modern standards . 21 of the Town and the community .than the W 22 existing houses that are there. 23 For the Board's review, I would like 24 to show a picture of the proposed house the ' 25 DeSalvos intend to put on the premises . 1 23 2 THE CHAIRMAN: Thank you, sir. Thank 3 you very much, Mr. Breur. We will have a 4 decision for you in a couple of weeks. We 5 appreciate it . 6 Is there anybody else that would like 7 to speak in favor of this application? Is s there anybody that would like to speak 9 against the application? 10 MR. SCHAEFFLER: My name is Mr. 11 Schaeffler. I live on Oak Drive, 1245 Oak. 12 Drive. Is there any restriction on the size 13 of the building that would go on this 14 property due to the fact that it doesn' t 15 meet the requirement size lot? In other 16 words, I would hate to see a two and a half e 17 story building go on a tiny little lot . 0 18 THE CHAIRMAN: Well , I believe the 0 s 19 code, and I could stand corrected, I believe e 20 the code Says he could build a 35 feet . o 21 What they have given us is a picture of a u z W 22 two story dwelling, which you are welcome to 23 look at . 24 MR. SCHAEFFLER: It appears it would �Y 25 enhance the area. I see. Thank you much. 1 2'4 2 It is much . . . you know . . . I have seen some 3 of these narrow, huge rows here. 4 THE CHAIRMAN: I think that is what 5 the trying to y are y g prevent . 6 MR. SCHAEFFLER: I ap preciate the 7 type of house. Thank you. 8 MR. BREUR: You' re very welcome, sir. 9 MR. COMANDO: My name is Michael 10 Comando . I have the property adjacent. I 11 only want to express my concern. I am not 12 speaking for or against the situation, but 13 my well will have to be relocated, I am 14 assuming. I have had several correspon- 15 dences from Mr . Breur indicating that was 16 the case and my concern is that the expense e 0 17 that could be involved after relocating my 18 well , do the event I have a problem with the 's 19 new well , and subsequently have to dig m 20 another well , where that will be located in 0 21 relation to the other wells in the neighbor- u z W a 22 hood. 23 The only other thing I was concerned 24 is how far will the houses be apart from 25 each other. I don't know what the Town code 1 25 2 is on that, if there is a certain length, a 3 certain distance that has to be between the 4 houses . 5 THE CHAIRMAN: To answer your 6 questions , it is 35 feet on your side. 7 MR. COMANDO: . But that is my only 8 concern. I am just concerned about the 9 contamination and I assume he would be 10 concerned about the contamination of his 11 well from my cesspool , as well . 12 THE CHAIRMAN: Thank you. 13 Mr . Breur, anything in rebuttal? 14 MR. BREUR: Not really. I gave you a 15 copy of the Health Department Board of 16 Review letter, didn' t I? Okay. e 17 THE CHAIRMAN: Anybody else that s 18 would like to speak on this application, for 19 or against? Seeing no hands, I make a 20 motion closing the hearing, reserving 0 21 decision until later. _ W 22 BOARD MEMBERS: Second. 23 THE CHAIRMAN: All in favor? 24 BOARD MEMBERS: Aye. 25 MR. BREUR: Thank you very much. i NOTICE OF HEARINGS 7:50 p.m. Appl. No. 3900- 8:20 p.m: Appl. No''=►S NOTICE OF HEREBY GERHARD SCHREMMER. ROBERT AND ETHELLE GIVEN, pursuant to Section Variance to the Zoning Ordi- SCHROEDER.Variance for re- 267 of the Town Law and the nance, Article XXIV, Section. versal of building inspector for Code of the Town of Southold, 100-244 B, for permission to change of use of land and exist the following hearings will be construct a one family dwelling, ing building without obtaining held by the SOUTHOLD proposed construction will have a Certificate of Occupancy.Pro- TOWN BOARD OF APPEALS insufficient front and side yard perty Location: 4380 Main at a Regular Meeting, at the setbacks, lot has insufficient Road,East Marion,County Tax Southold Town Hall, Main width. Property Location 1380 Map No. 1000' Section 35, Road, Southold, NY 11971, on Oak Drive, Southold, County . Block 5, Lot 4. THURSDAY, FEBRUARY I, Tax Map No. 1000,Section 080,'' 8:25 p.m. Appl. No. 3770 1990, at the following times: 02, Lot 001. PORT OF EGYPT. Variance to 7:30 p.m. Appl. No. 3902= 7:55 p.m. Appl. No. 3897- the Zoning Ordinance, Article HENRY HUNSTEIN.Variance PARKER J.WICKHAM.Vari- XII,Section 100-121C-122,Sec- to the Zoning Ordinance, Arti- ance to the Zoning Ordinance, tion 100-239d, as disapproved cle III A, Section 100-30.3, Article XIII; Section 100-132, for permission to construct Boat (100-33),' as disapproved, for for permission to construct a Storage Building with insuffi- permission to construct ac- building for antique vehicles, cient setbacks and excessive 108'" cessory building in frontyard proposed construction will have coverage in this Marine II (M- area. Property Location: 90 bulk, area and parking.regula- II) Zoning District. Property Kimberly Lane and 135 North tions and insufficient side yard Location: Main Road, Bayview Road,Southold,Coun- setback.Property Location:410 Southold,County Tax Map No. ty Tax Map No. 1000, Section ; .Airway Drive,Mattituck,Coun- 1000,Section 056,Block 04,06, 70, Block 13, Lot 20.20. ty Tax Map No. 1000, Section Lot 10.1, 11, 12.2,3.2,3.3,4,6.1. 7:35 p.m. Appl. No. 3901- 123, Block 01, Lot 02. . The Board of Appeals will at THOMAS ESCHMANN. 8:00 p.m. Appl. No. 3899- said time and place hear any and Variance to the Zoning Ordi- AGNES AND CHERYL PAG= all persons or representatives de- nance, Article III A, Section NOZZI.Variance to the Zoning siring to be heard in each of the 100-30 AA, (100-33), as disap- Ordinance, Article XXIV, Sec- above matters. Written com- proved for permission to con- tion 100-244 B, for permission ments may also be submitted struct accessory building in the to construct an addition to ex- prior to the conclusion of the frontyard area and accessory isting dwelling, proposed con- subject hearing. Each hearing shower in sideyard area.Proper- struction will have insufficient will not start before time allot- ty Location: 495 Mesrobian side yard. Property Location: ted. Additional time for your Drive,Laurel,County Tax Map 1450 Jockey Creek Drive,'. presentation will be available,if Southold,County Tax Map No:'''" needed. For more information,No. 1000,Section 145,Block 4, 1000, Section 70, Block 5, Lot Lot 10. 17: .please call 765-1809. 7:40 p.m. Appl. No. 3905- Dated: January 22, 1990 ANTHONY J. MERCOREL• &OS IC` �A V E RDS. BY ORDER OF LA.Variance to the Zoning Or- PECONIC BAY VINEYARDS. THE SOUTHOLD TOWN dinance,Article XXIII,Section Special Exception to the Zoning BOARD OF APPEALS 100-239.4 B,as disapproved,for Ordinance,Article VII,Section GERARD P. GOEHRINGER' 100-71 B (6) for permission to permission to construct deck ad- CHAIRMAN dition to dwelling, proposed 75 y use existing barn for winery pro- '11 B Doreen Ferwerda construction will be less than duction and storage. Property } IX, 1/25/90 (7) Location: 32180 Main Road, ft. from the bulkhead. Proper- Cutchogue, County p •Tax Ma ty Location:2260 Great Peconic No. 1000,Section County ,Block a Bay Boulevard,Laurel,County . Lot 19.2. 01, Tax Map No. 1000,Section 145;1 t 10 p.m. Appl. No. 3882- Block 4, Lot 4. BIDWELL WINERIES.Special 7R ETp.m SPILAppl No. 3904- Exception to the Zoning Ordi- HARRIET SPILMAN. Vari- nance, Article III, Section ance to the Zoning Ordinance, ance,, for approval S con- Article XXIII,Section 100-239.4 Sumer tasting and retail sales B, for permission to construct from the winery.Property Loca- Proposed construction will be addition to existing dwelling. lion: Route 48, Cutchogue, County Tax Map No. 1000,Sec- less than 75 ft. from the bulk- lion 96, Block 4, Lot 4.3. head: Property Location: 1730 8:15 p.m. Appl. No. 3908- West Creek Avenue,Cutchogue, ROBERT OCHSENREITER ; I 1 County Tax Map No. 1000,Sec- AND EDWARD LENCESKI'.• � lion 110, Block 1 Lot 7.3. - Variance for reversal of building permit to construct a one fami- ly dwelling.Property Location: 565 Bayer Road, Mattituck," County Tax Map No..1000,Sec- tion 139, Block 3, Lot 14. COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . f. . . . . weeks successively, commencing on the . . . . . . . . . .?�S. . . . . . . . . day of . . . , 19 .g 0. . . . . . . . : _� Sworn to before me this . . . . . . `�_ . . . . . . . . . . . day of w�. . . . . . . , 19 . . . . . . . . . . . . . . . . . :E ✓ . Notary Public I3'.B„t b; A. SCHNI IDER NOTA,;''i i`d'-nin, State of N'ew York 3 Sout old Town Board of Appeals o �� ? ° MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place. of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff Southold Town Board of Appeals Regular Meeting of February 1 , 1990 Copies to the following on or about January 24 , 1990 Suffolk Times , Inc . L. I . Traveler 'Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall ) ZBA Board Members (with copies of files ) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd. , Mineola , NY 11501 Riverside Homes , as Agent for Thomas Eschmann 1159 W. Main St. , P. O. Box 274 , Riverhead , NY 11901 Mr . Anthony Mercorella 131 Duxbury Road , Purchase , NY 10577 Karen Hagen , Esq . for Harriet Spilman Wickham , Wickham , Bressler Main Road , P. O. Box 1424:i Mattituck , NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street , Flushing , NY 11358 J . Parker Wickham 410 Airway Drive , Mattituck , NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive , Southold , NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive , Southold , NY 11971 Mr . Ray Blum for Peconic Bay Vineyards Main Road , P . O. Box 709 , Cutchogue , NY 11935 Mr . Kerry Bidwell for Bidwell Wineries Route 48 , Cutchogue , NY 11935 Daniel Ross , Esq . for Ochsenreiter and Lenceski Wickham , Wickham & Bressler Main Road , P . O. Box 1424 , Mattituck , NY 11952 Daniel Ross , Esq . for Robert & Ethelle Schroeder Wickham , Wickham .'& Bressler Main Road . , P . O. Box 1424 , Mattituck , NY 11952 Southold Town Board of .Appeals Regular Meeting of February 1 , 1990 . Copies to the following on or about January 24 , 1990 Mr. Theodore Traturis for Robert & Ethelle Schroeder 5804 7th Avenue , Brooklyn , NY 11220 Mr . Eraklis -Apodiacas for. Robert & Ethelle Schroeder _ 7122 Ridge Boulevard , Brooklyn , NY 11209 Mr. David Gilli:spie for Robert & Ethelle Schroeder 221 North Road , Greenport , NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates , 1 Bootleg Alley , Greenport , NY 11944 C�FFD(,��L' r_n 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: December 15, 1989 Transmitted herewith is Zoning Appeal NO. application of Salvatore DiSalvo (Contract Vendee) ; Gerhard Schremmer; owner by R. Bruer for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter 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 - z s� Southold Town Board of Appeals . �yrd MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y-. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 1 , 1990- GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.O.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3900 Project/Applicants: Gerard Schremmer County Tax Map No. 1000- 80-2-1. Location of Project: 1380 Oak Drive , Southold Relief Requested/Jurisdiction Before This Board in this Project: One family dwelling insufficient front and side yard setbacks , insufficient width. 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 444-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. .4 tr .14-16-4 f2'871—Text 12 PROJECT'I.D.NUMBER 617.21 k 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. APPLICANT/SPONSOR 2. PROJECT NAME Rudolph H. Bruer DiSalvo 3. PROJECT LOCATION:1380 Oak Drive,. Municipality Southold, N.Y. county 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc. ar pSuffolk de map) 1380 Oak Drive . Southold, N.Y. -see attached map- 5. IS PROPOSED ACTION: • ®New ❑Expansion ❑Modification/alteratlon 6. DESCRIBE PROJECT BRIEFLY: Application to construct one-family dwelling with insufficient front and sideyard setbacks and insufficient lot width. 7. AMOUNT OF LAND AFFECTED: Initially /o2_5' acres Ultimately �ZS/ acres ti. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7 ❑Yes 12 No If No,describe briefly See #6 above 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial .11 Commercial ❑Agriculture Descnoe ❑Park/Forest/Open space ❑Other Long-established neighborhood of nonconforming lots. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? 9Ye3 ❑No If yes,list agency(s)and permit/approvals Southold Town Building Dept. - Building permit It. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes ❑No I!yes,list agency name and permit/approval , Suffolk Co. Dept. of Health - variance approval ' 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplIcantlsponsoZ-In_a�re: Rudolph H. Bruer Attorne fo D' // Dale: 1 7/15/89 Slgnature: 9 [::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) The N.Y.S. Environmental Quality Review Act \ of this form, and an environmental review will uermaaeres submission before any action is taken. Ly this :,oard SHORT ENVIRONMENTAL • ASSESSh1E*JT FORb1 INSTRUCTIONS: (a) In order to answer the questions in this short that the preparer will use currently available information Concerning it is 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 alle on has been nificant and completedl Environmental nAssessment Formswered Yes thepro is]nect ma ecessa be sig- (c) If all h r. . ' project is not significant- ave been answered No it is likely that the (d) Environmental Assessment 1- Will project result in a large physical chanQ_e , to the project site or physically alter more than 10 acres of land? _Yes _L1.10 2. Will there be a major change to any unique or unusual land form on the site? _Yes -1—No 3. Will project alter or have a large effect on an existing body of water? _Yes 4. Will project have a potentially large• imna -t— groundwater quality? ct on _Yes �O No 5. Will project significantly effect drainage flow on adjacent sites? _Yes � No 6• Will project affect any threatened or endangered plant or animal species? g _Yes 7. Will project result in a major adverse effect on air quality? y� _Yes /" NO . 8. Will project have a major effect on visual acter of char- the community or scenic views or vistas known to be important to the community? _Yes �No � 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical envircnmental area by a local agency? _Yes 10. Will project have a major effect on existing or , future recreational opportunities? _Yes No 11. Will project result in major traffic problem or cause a major effect to existing transportation systems? - 12. Will project regularly cause objectionable odors, Yes No_ � noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes 13. Will � �NO Project have any impact on public health or safety? _Yes 2_% No 14. Will project affect the existing ng community bycausing a growth in permanent popula- tion of more than 5 percent over a one-year Period or have a major negative effect on the Yes .JO charactci of the community or neighborhood? 15. Is there is controversy concerning the project? Preparers Si _Izo gnature. Yes Representing: Salvatore DiSa vo 2sA 1/75 Date: �z �� QUESTT07I11elI?ZE TO 3E ('C:•IPLr__TED AND SUMITTm= I4TT`:: :yy'2 r;t'PLI�:�'i ii),J i•'�)'::ii5 iU '�;lL•: uUr\!ZJ �)l•' rtt'[�OitiLS 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 subedit 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. ) Yes N b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios , foundations , etc? Yes ONO 4. Are there any existing or proposed fences , cancrete barriers , decks, etc? Yes N 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 N� 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 Town Trustees Y No County Health Department��,C& /o i �f/��pJ Yes o Village of Greenport /11� Yes o N.Y.S .D.E.C. —�' Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale. (from contract) Ye No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 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 e subject property at this time 6�L� and proposed b-A-el - Please submit pho tog rapciV for tt c recora. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals i co s ' der ' ng application. i Sigzaturc (Property Uwner) ( ' zo �� u Argent) 1/88 WETLANDS (,1men(Icd 8-2G-7G by L.-No. '.�.•I�)7f;• Z•'�t;- - 85 by L.l. No. ( A. TIDAL 1V.rTL,1NDS: (1) All lands Kenernlly covered or intermittently rov- cred with,or which'bordvr on, tidal watern, or land.; Iying beneath ti(lal waters, which at mean low tide are covered I,y ticlal waters to a maxim(i(►i depth of five (5) feet, including but not limited to banks, bogs, salt marsh, sw;.,irrips. mcadowv, flat:( or other Iow lying lands subl'"t 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 liay, 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 WETLANI)S: (1) "Freshwater wetlands"as defined in Article 2.1. 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 B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." a ( 9705 I TICOR TITLE GUARANTEE COMPANY 185 Old Country Road Riverhead, New York 11901 VARIANCE SEARCH TITLE NO. : P1289-960 STATE OF NEW YORK) ' I SS: COUNTY OF SUFFOLK) DAVID M. PETRIE JR. being duly sworn , $ y deposes and says: THAT he is an Assistant Vice President of TICOR TITLE GUARANTEE COMPANY 1 and has had a search made under his direction of the records and/or the files of the County Clerk and Registrar of Suffolk County for the purpose of an application for a variance affecting the following premises: DISTRICT: 1000 SECTION: 80 BLOCK: 2 LOT: 1 That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 1/10/89 and such search shows and certify that the premises has been in single and separate ownership since prior to that date, except as may be shown by the attached chains of title. That this affidavit is made to assist the Board of Appeals of the Town of Southold , to reach any determination which requires a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth hereof. I,I TICOR TITLE GUARANTEE COMPANY i 1 1 BY �D- David M. P rie, Jr. Assistant Vice Preside t i `I 1 Sworn to bef re me this i day of 1990 BY 4��'t-� c�+'✓� U� i( At4v( i�. U�ta a of Ne`N YorK Rl(Nos 2.4619291 kOTA bounty Qualified In Suffolk ,G p Expires �,� �.M'Isslon An / i� I� i I L SUBJECT PREMISES: SCTM: 1000-80-2-1 DESCRIPTION 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, known and designated as Lot 5 in Block D, as shown on a certain map entitled, "Map of Reydon Shores", and filed in the Office of the Clerk of the County of Suffolk on July 1, 1931 as Map No. 631. CHAIN OF TITLE 1. The North Fork Bank and Trust Company DEED: as Executor of the Last Will and Dated:._1.0/27/82 Testament of Regina C. Toothaker Rec4'd: 11/4/82 to Liber 9265 cp 190 Gerhard Schremmer (COVERS PREMISES AND MORE) LAST OWNER OF RECORD. ------------------------------------------------------------------------------ VARIANCE EAST: SCTM: 1000-80-2-2 CHAIN OF TITLE 1. John Hoffmann DEED: Lawrence Hoffmann Dated: 6/30/83 Marilyn Hoffmann Scheiner Rec'd: 12/5/83 as tenants in common Liber 9469 cp 577 to James B. Smith, Jr. LAST OWNER OF RECORD. ------------------------------------------------------------------------------ VARIANCE SOUTH: SCTM: 1000-80-2-4 CHAIN OF TITLE 1. Gerhard Schremmer - DEED: to ,Dated: 6/30/88 Michael Comando Rec'd: 7/14 88 Nanette True, his wife Liber 10644 cp 596 LAST OWNERS OF RECORD. VARIANCE WEST: Oak Drive VARIANCE NORTH: West Shore Drive NOTHING FURTHER FOUND. SEARCH DATED: 12/18/89 TICOR TITLE GUARANTEE COMPANY BY L ` `o David M. Petrie, Jr. Assistant Vice Presid nt Sworn to b fore me this /5L day of ,�� 1990. BY / ��F� UG, State of NOTARY" g2.461 29untl ualltlej in Suft Q 06 N��'3/�! oomm)sfiion Exn�r ��If`/ t, .S? - G ORM NO-6 TOWN OF SOUTHOLD f BUILDING DEPARTMENT Town Clerk's Office + Southold, NY. Certificate Of 'Occupancy No. , z12773 . . . . . . . .. .. Date . . . . . . . . . . . . . . . .. _. . 13. . 19 8 4. THIS CERTIFIES that the.lot..Vacant. . . . . - . - . . . - . - _ - - _ • - - _ . - _ - . '. - - - _ Location of Property - 1380. • • .Oak..Dr.. . . . . . . . - - . _ . - Southold .. . . . .080 . • _ House No. Street -N�mlet. 001 County Tax Map No. 1000 Section . . . . . ... . . . _Block - _. . . .._ _ .- ..Lot . . . .. . . . . . . . . . . . . vision _Reydon. Shores 631 ( ) Subdi . . . . _ .Filed Map No. . . . . _. . .Lot No. S. . Parcel_ B conforms substantially to.-the:applicable provisions of the Zoning. .. . Code of the Town of Southold. The premises are located in. the. . . . . . . A- Rdlidential."bgricultural District and may be used. . • for such uses as are presently authorized by the Zoning Code in such. district subject to, however,, all- of the- requirements of the Zoning. .. Code. The certificate is issued to . . . . _SCHREMMER,GERHARD • . . . - - - Of the - _ . - - (owne;J •'I —M-7U=77rj '- . . . . . . . .. . . . . . . . . . aforesaid .lot. .- . -----� . . . . . . . .. .. . . . .. . . . . ... ......... .. . .. . Building Inspector TOWN Or SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office i Southold, NiY. Certificate Of Occupancy No. . Z12773. . . . . .. . . Date . . . . . . . . . . . . . . . . .Sept:. . . 13. . 19 89. THIS CERTIFIES that the.lot :.'Vacant • . . . . . _ Location of Property . 1380, • :. .''Oak:Dr.. • _ . _ : . _ . __ . _ Southold _. . • . _ Nouns No. Street Hamlet. County Tax Map No. 1000 Section 080... . . . . ... . . . .Block . .�?. . .._. . . . ..Lot , , ,001• . . • . . _ . . _ Subdivision ., Reydon Shores .Filed Map No. 631. _. . _Lot No. S• (parcel_ B) . . . . conforms substantially to the .applicable* provisions of the Zoning. .. . Code of the Town of Southold. The premises are located in. the. . . . . . . . A- Resi dent ial-AgriciiltLra' "" District and may be used. . • for such uses as are presently authorized by the Zoning Code in such. district subject to, however.- all. of the- requirements of the Zoning. .. Code. The certificate is issued to . . . . .SCHREMMER,GERHARD Of . . . . . . . . . . . . . . . . tessr�or7rrranfl ._ . . . . . . . . . . . . . . . . . . . the aforesaid .lot. . . . . . . . . . . . . . . . . . . . . ... ...... . . . .. . . ... . Building Inspector . NY11TU Form 9041 (Rev. 11/78)—CONTRACT OF SALL— 10/86 WARNING: NO REPRESENTATION IS MADE TIIAT TIIIS FORM OF CONTRACT FOR THE SALE AND PURCIIASF.•. OF REAL ESTATE COMPLIES WITII SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN ENGLISII"). 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 casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 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. DATF: CONTRACT OF SALE made as of the ' O day of June 19 88 BETWEEN PARTIrS: GERHARD SCHREMMER, residing at Address: 60 Old Pine Drive, Manhasset, New York 11030 hereinafter called"SELF ER", who agreL to'sell- �y and SALVATORE DiSALVO, residing at Address: 47-39 162nd Street , Flushing, New York 11358 hereinafter called "PURCIIASER" who agrees to buy the property, including all buildings and improvements thereon (the PlIFNIISE:S: "PREMISES"), mote fully described on a separate page marked "Schedule A,"and also known as: Street Address: Oak Drive, Southold , New York 1000-80-2-1 Tax Map Designation: Lot #5 in Block D as shown on map entitl( "Map of Reydon Shores" filed on 7/1/31 as Map No . 631 Together with SELLER's interest,if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES PROPERTY: unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any Gen other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing,outdoor statuary,tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equip- ment and installations, and wall to wall carpeting. THIS IS VACANT LAND Excluded from this sale are: Furniture and household furnishings, 1. (a) The purchase price is $ 85, 000 .00 Payable as follows: On the signing of this contract,by check subject to collection: to be held in $ 2 , 000 . 00 escrow by seller ' s attorney until closing of title By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCIIASER(or assigns) to SELLER: $ BALANCE AT CLOSING: $ 83 ,000 .00 (b) If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Note and Mortgage will also provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE: is extended or modified in good faith.The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCIIASER shall pay the mortgage recording tax,recording fees and the attorney's fee in the amount of$ for its preparation. (c) If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted.SELLER-agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCIIASER shall pay the amount in the rscrow account to SELLER at CLOSING. AISTING 2. The PREMISES will be conveyed subject to the continuing lien of"EXISTING MORTG follows: MORTGAGES! AGE(S>"as ollo s. Mortgage now in the unpaid principal amount of$ and interest at the rate of per cent per year. presently payable in installments of$ ,which include principal, interest, and with any balance of principal being due and payable on SELLER hereby states that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage tc require its immediate payment in full or to change any other terra thereof by reason of the fact of CLOSING. ACCEPI'ABLE 3. All money payable under this contract, unless otherwise specified, shall be either: FUNDS: a. Cash,but not over one thousand($1,000.00) Dollars. b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual)to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING may be by check of PURCHASER up to the amount of Five Hundred--------------------' (§500 .00 )dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECT TO" 4. The PREMISES are to be transferred subject to: PROVISIONS: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on,under or above any streets on which the PREMISES abut. c. Encroachments of stoops,areas,cellar steps, trim and cornices, if any, upon any street or highway. TITLE 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company COMPANY Ina business in Suffolk County , a member of The APPROVAL: ew York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. CLOSING 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINED including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain and AND Sa.l@ W Cove ants deed in proper statuary form for recording so as to transfer full ownership(fee FORM OE n DEED: simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a convenant by the SELLER as required by Section 13 of the Lien Law. If SELLER is. a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the require- ments of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING 7. CLOSING will take place at the office of seller ' s attorney or lending institution DATE.AND PLACE: at 10:00 a.m. o'clockon or about 219days from date of commitment . BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). STRE.E:TS 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, AND opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER ASSIGN- to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of NIENTOF change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or UNPAID thereafter, on demand,any documents which PURCHASER may require to collect the award and damages. AWARDS: MORTGAGEE'S 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30)days before the CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the LETTER AS unpaid principal and interest, date of maturity, and rate of interest. 10 EXISTINGSELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined MORTGAGI�GAGE(S): in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORT- GAGE will not be in default at the time of CLOSING. COMPLIANCE 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances,orders or requirements WITfi STATE noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor AND conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING MUNICIPAL and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make DEPARTMENT the searches that could disclose these matters. VIOLATIONS AND ORDERS: OMIT IF TIIE b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New York PROPERTY prior to closing and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive CLOSING. IS NOT IN QIE CITY �)F .,4EW YORK: NSTALLMENT 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual SSESSMENT: installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF SALE BETWEEN GERHARD SCHREMMER AS SELLER AND SALVATORE DiSALVO AS PURCHASER. IT IS EXPRESSLY UNDERSTOOD that the sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, and it is not bound by any statements, representations or information that may have been made to the purchasers by anyone, pertaining to the premises herein unless specifically set forth herein. The purchasers hereby acknowledge that no such representations have been made and they have personally made a thorough inspection of the premises, are familiar personally with the condition of same and agree to accept same in their present condition. THIS CONTRACT IS SUBJECT TO and conditioned upon the purchaser obtaining a commitment from a lending institution for a first mortgage loan in the principal amount of $56,000.00 with interest at the prevailing authorized rate at the date of title closing, and a term of 10 years within 45 days of the date of approval of Building Permit. Upon obtaining said commitment, purchaser's attorney shall immediately inform seller's attorney that the commitment has been obtained. If purchasher shall be unable, after diligent efforts, to obtain said commitment within said period, then either party, by written notice, postmarked no later than 7 days subsequent to the expiration of said 45 day period, may cancel the contract and all monies deposited hereunder shall be returned to the purchaser within 5 days of such notice of cancellation. PURCIIASERS AGREE to deliver to the attorney for the sellers herein a list of any objections or violations which may appear on any proper examination of this title, and if any objections or violations appear on said title examination and cannot be cleared by the sellers by the time set fo the closing of title, then the sellers, at their option, shall be entitled to a reasonable adjournment of the closing for the purpose of removing said objections and violations. Nothing herein shall be deemed to require the sellers to take any legal action or proceeding to cure any defects in title. SUBJECT TO any state of facts an accurate survey may show , provided same does not render title unmarketable; covenants, utility easements, restrictions, rights of way and agreements of record , if any, provided same do not violate existing structures of the use therof . IT IS HEREY MUTUALLY AGREED AND UNDERSTOOD that seller represents that the subject premises is a lot upon which a single family residence can be built. and that this contract is SUBJECT TO AND CONDITIONED UPON the purchaser, at purchaser's sole cost and expense, to obtain all of the necessary governmental approvals to construct such a private single family residence withinfRO days from the date of this contract. For the purposes of this clause the date of the contract shall be deemed the date that the attorney for the purchaser has received a fully executed copy of the contract. Seller further agrees to fully cooperate with the purchaser's efforts to obtain such governmental approvals, including but not limited to the issuance and execution of letters of authority for the purchaser or purchaser's agent to make such applications for said approvals and expressly consents to the purchaser or purchaser's agent to place a test well and to dig a test hole on the subject premises. Purchaser hereby represents that purchaser will make diligent efforts and applications for such necessary governmental approvals. In the event that said necessary governmental approvals are not otained within saidr$D days period purchaser shall have the right to cancel this contract by written notice sent to the attorney for the seller and all monies deposited hereunder shall be returned to the purchaser. In the event that such notice of cancellation is given to the seller, seller shall have the right to extend the period to obtain the necessary governmental applovals for a period of 30 days by written notification to the attorney for the purchaser and the purchaser upon receipt of said extension shall continue to use diligent efforts to obtain such governmental approvals* ALL OTHER PROVISIONS OF THIS CONTRACT NOWITHSTANDING; in the event that the purchaser shall be unable to obtain such necessary governmental appi.ovals, the purchaser shall have the right to purchaser the subject premises as though this contract were not subject to obtaining said approvals, and in the event that the purchaser shall elect to so purchase the subject premises, the closing shall take place withinl$D days from the date of this contract. GERHARD CHREMMER SALV RE iS_A_L_V-0--- - 46 e_ M "-b-,�ZAVD *At the end of the extension, either party, in writing to each other, may cancel this contract, and upon sellers attorney's receipt of said notification he shall forthwith return the contract payment and neither party shall have any rights one against the other. ,1.T fib N-' 13. The following are to be a ioned as of midnight of the day before the d CLOSING. I'S: (a) Rents as and when collecteu.Co)Interest on EXISTING MORTGAGE(S).(c)Premiums on existing transferrable insurance policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rents, on the basis of the NWAI)4period for which assessed. (e)Fuel,if any. (f) Vault charges, if any. 1] ef?CLOSING shall occur before a new tax rate is fixed, the ap portionment of taxes shall be upon the basis of the old tax rate for the preceeding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. WATER 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30)days METER before CLOSING date and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. READINGS: ALLOWANCE 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid FOR UNPAID taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five TAXES,ETC... (5)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 may PURCHASE use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the PRICE TO PAY title insurance company employed by PURCHASER and required by it to assure its discharge, but only if the title insurance ENCUM- company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon BRANCES: request, made within a reasonable time before CLOSING, the PURCHASER-agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT 17. If a title examination discloses judgments, benkruptcies or other returns against persons having names the same as or AS TO similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS against SELLER. BANKRUPT- CIES: DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County ANDI'RAN SEER officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the RECORDING deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) TAXES: and the tax return to be delivered to the appropriate officer promptly after CLOSING. PURCHASER'S 19. All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the 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 accordance with this contract,SELLER'S sole liability shall INABILITY be to refund all money paid on account of this contract plus all charges made for:7.O , P g (i) examining the title,(ii)any appro- priate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such C'ONVF.Y refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any LIMITATION OFrights further against the other. LIABILITY: CONDITION 21. PURCHASER has inspected the buildings on Ahe PREMISES and the personal property included in this sale and is OF thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition PROPERTY: subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It com- AGREEMENT: pletely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. C'IIANGES 23. This contract may not be changed or cancelled except in writing: The contract shall also apply to and bind MUST BF.IN the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby 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 it. ALSO MEANS 25 , It is understood that neither party shall be bound until the contz PLURAL: has been fully signed by all parties . 26 . If the purchaser fails to complete the purchase of the premises , without the fault of the seller, the contract payment deposited by the purchaser shall be paid over to the seller as liquidated damages and ni. party shall have any further rights , one against the other . 27 . The down payment will be held in an interest-bearing account with interest payable to the party entitled to the down payment . In Presence Of: GERHARD SCHREMMER s SALVkTORP, DISALVO (Z( ( AC. �r�1 , , Sited OVER COUNTY OF SUFF'OLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER November ..3, 1989 Rudolph H. Bruer, Esq. Edson and Bruer P.O. Box 1466 Southold,N. Y. 11971 Subject: Board of Review Hearing -October 19, 1989, 88S0-120, Property S/E/C West Shore and Oak Drives,Bayview,Town of Southold (SCTM 1000-80-2-1) Dear Mr. Bruer: At the hearing on October 19, 1989,you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2,Section 220,of the Suffolk County Sanitary Code,the determination of the Board of Review is as follows, based on the following information: Statement of Problem The installation of an on site sanitary system is not permitted when it will be less than 150 ft. (115 ft. 105 ft. and 100 ft.)from existing and proposed shallow wells and the proposed shallow well will be less than 150 ft. to existing and proposed sanitary systems. Findings and Facts 1. Proposed development of a 10,500 sq. ft.parcel. 2. Site is in Groundwater Management Zone IV. 3. Public water is not available. 4. Depth to groundwater is about 12.6 ft. 225 RABRO DRIVE EAST HAUPPAUGE.N.Y. 11788 (516)348-2800 Rudolph H. Bruer,Esq. November _3, 1989 Page Two Subject: 8850-120,Property S/E/C West Shore and Oak Drives,Bayview,Town of Southold(SCTM 1000-80-2-1) 5. Soils are marginal, 18 ft. to sand,which is 6 ft. below groundwater. 6. Proposed sanitary system will impact on five neighbors' wells. 7. Well data: To Water -- 17 ft. Into Water -- 30 ft. Total Depth -- 50 ft. Nitrates -- Less than 0.2 mg/1 Chlorides -- 34 mg/1 8. Applicant did make offers to affected neighbors to relocate their wells at his expense. 9. Parcel is part of an old filed map filed in 1931. 10. Applicant will remove poor soils at time of installation of sanitary system. 11. Home is to be a summer home. 12. Area was developed as-a summer community,but now about half of the homes are year round. 13. Applicant is willing to let offer to relocate wells stand until he gets the certificate of occupancy for his new house. 14. Distances from the proposed sanitary system to impacted wells are 100 ft, 100 ft., 100 ft., 120 ft. and 127 ft. " r Rudolph H. Bruer,Esq. November 3, 1989 Page Three Subject: 8850-120, Property S/E/C West Shore and Oak Drives,Bayview,Town of Southold(SCTM 1000-80-2-1) Determination The Board granted the request for a variance to allow this parcel to be built upon with a shallow well located as shown on the survey, said well being less than 150 ft. from both existing and proposed sanitary system and with a sanitary system as shown on the survey, provided the offer to relocate the neighbors' wells is left open until the certificate of occupancy is obtained for the new house. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise,your approval will be subject to unnecessary delay. Very truly yours, q--. Q- (J Robert A. Villa,P.E. Chairman,Board of Review RAVJr cc: Mr. Herbert W. Davids,P.E.-35 Lakeview Dr.,Riverhead 11901 Mr. Michael Comando&Ms.Nanette True Mr.Alec Acksten Ms.Anne Moccia Ms.Margaret M. Wenk&Ms. Susan Capozzoli Mr. James B. Smith,Jr.,495 West Shore Dr., Southold 11971 •� L / /"It's SEE SEC NO IJJ Old It. Aral / / e 45 led last ISO ISO 43 141 Q too 12 — _ t t' 'Srs O wO 1ij / / / /'a/ / / •O ' /rr I got42 ____ lot 4 071 _ a•� 41 —_ _ top 11 6 , Ir1 r 14 __ t,1 —�Y Zj A • loop wl — , .all �'---•__ —_ 1.r --__4Q_>c • 1•I n•• 1—b __ Irl 15 1.00 --__ -- --- - I r„ __ 3>i 9• t Q�_ 11.t bl ----- rot ,►.. \9 � ____— u11 d II --- M�—; run 9*1 rrl 17.1 l,rl3 tyrMlJ�— Ir rN' an W' N' _(on — Y 66 — / _ u71_ 19 ul/I,t I ISO 1.Im ,.:• FM —'---_ _ to t 'rr 14 18 t e 17 2 19 _ _3 s Y _ 11_- a„ b _ x s' LANE / .. 111 oa �. I I � .. 1 p_1! er1 . 1 2 I le.l 110• -- � - oil' ♦ 1 I I I 4 an _ last 22.1 • —_os__34 Oul'u111r, lot 19111.1 Ifl .+r rsr• I>~ __13. _ Ipl � pQ r,r•» ♦ G) ' let 3 s wl I I „r _ _ --- lim 141 __ w1 mow I .P re1 i r.l nl�u.rluse no\♦ I 24.1 - --------J--- 3 a I•^ �j \\ u•�.` 13 I I I qqp. / oll ♦ I b.l I 2J ' •' 14 / \ j I r♦ \2 I 25 n ' 26 GROVE le \ \ i17�� its 19 T6 e / 31 I I I IH t30 I t 1 r" tfo un 1 Ivl r.l \ ! I toy / I I w_ an p tam, w• I \ 7 a � I.� NT / /IAA I .___. _ _ - .•' p, \ 29 r I IH - �• \ e t TOWN OF SOUTHOLD ` BUILDING DEPARTMENT Town Clerk's gf0ce i 56uthold, NY. Certificate Of -Occupancy ` No. . Z 12773 . . . . . . Sept:. ,• - - 19 84Date . . . . . . . . . . . . . . . . ., THIS CERTIFIES thattheAo '. Vacant. . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . • Location of Property . . 1380, . Oak:Dr.. . • . . . • - • • . . • • Southold • • • . • • _ • Housa No. . Street •Hamlet County Tax Map No. 1000 Section 0 8 0 . :: . . .Block _ , 0 2 . . : _ •• _Lot • • _0.01. . . . • • , • .. . Subdivision . ,•Reydon Shores - 631 5 (Parcel B) . .. . . . .. • . . . .Filed Map No. . . . . . . . .Lot No. . . .. .. . . . . . . . •.conforms substantially to .the:applicable provisions of the Zoning. . . . Code of the Town of Southold. The premises are located in• •the. . . . . . . . A- Rdsi ential-AgricLltura' District and may be used. . • for such uses as are presently authorized by the Zoning Code in such. district subject to, however,. all.* of. the- requirements of the Zoning. .. Code. The certificate is issued to . . , _ .SCHREMMER.GERHARD of the aforesaid `J w Building Inspector Rov 4/79 1 rrepared in .accordancp with. t/re mininign? - 'he .water supply and sewage disposal �Blr standards for title surveys as eslabllshed systems for this residence will conform by the L.I.A.L.S and approved and adopled to the standards of The Suffolk County Joe, .. for such use by The ew York State :Land Department of Health Services. Title Association. / The locations of wells and.cesspools shown hereon are from field ion unencw observalfons nd or from data obtained from others. �P nian ow. R� f� T. cF88p0�� Apt _�- (.!/�/� � . 9R,� ?a, �. oP 70:0 7K FAID l0.70 W `e 25 / WELL l � N Z Q W g. f p' (� WELL TEA HOLE 8 0 V I PK°P. - m w 38, \ U WELL- , l'1 ' Z 8 \\\ �i J ( fro n `' o CP CS U W Z o tr 0 prof roP z 0 a N 0: ._ J LLL > 01, O <L ~ (L O \ DRYWELL O U) G Q 35, Z ` J 20.0 199 1a7 FW SET Ni& 65.00' N 6901 48' 40" W nuc J AREA= 10,673 SO. FT. fo�6ar © LOT_ COVERAGE _ //X \a_ (DWELLING) SURVEY OF _ �CP 1 W 40T o BLOCK �- CERTIFIED TOJ MAP OF TICOR TITLE GUARANTEE COMPANY SOUTHOLD SAVINGS. BANK REYDON SHORES SAL VA TORE J. DISAL VO WELL 40' ED FL JU Y-8, MY-.FM MD 631 ARLINE M. DISALVO ' r\'• AT BAYVI�EW TOWN 'OF SOUTHOLD - TEST HOLE SUFFOLK COUNTY, N. Y. \`. � r DATA DARK BROWN 1000 80 — 02 — 01 O . /SANDY LOAM B, (( BROWN SANDY LOAM 3.8' S(.'c'l@ '�� 20' •/ BROWN MEDIUM SAND 2 Aug. /988 g �/ N.Y.S. LIC. N0. 49668 BROWN CLAYE SAND WITH LAYERS.OF SANDY CLAY s 12.6' G6 r WATER IN-BROWN CLAYEY SAND SURVEYORS, P.C. WITH LAYERS OF SANDY CLAY 5/6) 765 - 5020 Is, Pewje-�oos� 7/G�90 P. O. BOX 909 WATER IN PALE REVISED 12115189 MAIN ROAD BROWN COARSE SAND 24 C.P Q .io j6_ SOUTHOLD, N.Y. II97I 88 - 479 �. e�■ ' IAA n■��1`� �� S- ��2� ,`� � •IIy= ��1� �t ET ��w • as ��``� C OVA ♦ 'Maw p 4w go ®� Ir �,1��►N�INf111►�� JML,"ON .�1 � ''.•'•.�i�• III �e� S•�•yam • •• �• r-.-I�•�% .• tit •�►� ,. r� tj BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of SALVATORE DiSALVO NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variances Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1380 Oak Drive, Southold, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: District A-40 4. That by such Petition, the undersigned will request the following relief: permission to construct one-family dwelling on this property with insufficient front and sideyard setbacks and insufficient lot width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV Section_ 100-244B [ ] 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: 12115/89 Rudolph H. Bruer, Atty. for Petitioner Petitioner Owners ' Names : Gerhard Schrem_mer Post Office Address _ Main Road, P.O. Box 1466 Southold, N.Y. 11971 Tel . No . ( 516 ) 765-1222 [Copy of sketch or plan showing proposal to be at=t'a'ched 'fdr convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr . Michael Comando Ms . Nanette True 10950 Sound Avenue Mattituck , N.Y. 11952 Mr . James B. Smith, Jr . 92 Hearst Avenue Yonkers, N.Y. 11731 Mr . James B. Smith, Jr . 495 West Shore Drive Southold, N.Y. 11971 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) Mary Diana Foster residing at 1030 McCann La. , Greenport, NY being duly sworn, deposes and says that on the 15th day of December 19 89 , 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 Southold, NY ; that said Notices were mailed to each of said persons by (certified) (atst mail. Mar iana Foster Sworn to before me this 15th day of December , 19 89 Notary Public ELIZABETH A. FINNE NOTARY PUBLIC, State of New York No. 4653666 - Suffolk County Term Expires Nov. 30, 19 9i (This side does not have to be completed on form transmitted to adjoining property owners . )