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3914
01 APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman �� Supervisor Charles Grigonis, Jr. ° �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3914 Matter of EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 500-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on April 19, 1990 and May 30, 1990 in the matter of the Application of EVA HALLA, under Appeal No. 3914; 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 made the following findings of fact: 1. The premises in question is located along the north side of Glen Court, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 083, Block 01, Lot 01. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A. 3, Article XXIV, Section 100-244, Article XXIII, Section 100-239.4, for permission to construct a one family dwelling. I Page 2 - Appl. No. 3914 Matter of EVA HALLA Decision rendered June 27 , 1990 3. Article III A, Section 100-30 A.3, Bulk, , area and parking regulations, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full. 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 of such separate ownership is submitted in the form of an abstract of title showing the changes of the 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 or 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: Article XXIII, Section 100-239. 4, Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) All buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises in question is located at 55 Glen Court, Cutchogue, and contains an area of 10,293 sq. ft. in this R-40 Zone District. Page 3 - Appl. No. 3914 Matter of EVA HALL Decision rendered June 27, 1990 5. In considering this application, the Board finds an determines: (a) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (b) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (c) the circumstances of the property are not unique; (d) that in carefully considering the record and all the above factors, the interest of justice will be served by denying the relief granted and granting alternative relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the Variance with ALTERNATIVE RELIEF in the matter of the application of EVA HALL under Appeal No. 3914, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the house not be any closer than ten feet from .the southern property line (toward Glen Court) . 2. That the house not be any closer than 65 ft. to the top of the bank. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df GERARD P. GOEHRINGE ; CHAI RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE) 1 4go HOUR Town Clerk, Town of Southold • ' 1 APPEALS BOARD MEMBERS r.r ry'+ SCOTT L. HARRIS Gerard P. Goehrin ger, Chairman a Su rvisor c 'C 'a Pe Charles Grigonis, Jr. r . Town Hall, 53095 Main Road Serge Doyen, Jr. ' P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 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, APRIL 19, 1990, at the following times: 7 : 30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53 , Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7 :35 p.m. Appl. No. 3927 - MARK AND ELLIE GORDON. Variance. to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road #7, Fords Road, Southold, County Tax Map. No, 1000, Section 087 , Block 01, Lot 18. 4. 7: 40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7 : 45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning -Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will. have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7 : 50 p.m. Appl. No. 3921 - EILEEN VILLANI . Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7 : 55 p.m. Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8: 00 p.m. Appl. No. 3930 - JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8: 05 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A. 4, Bulk and Parking area, for permission to construct an attached swimming pool to house. Property Location: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 126, Block 03, Lot 17 . 8:15 p.m. Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A. 3 , Bulk and Parking Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27 . Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8:20 p.m. Appl. No. 3908 - ROBERT OCHENREITER AND EDWARD LENCESKI . Variance for reversal of a 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. 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 April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda � APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. 6 �� � `��� . ..� LL.�. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD, OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the 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 Special Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times: 7 :30 p.m. Appl. No. 3920 - A. LIDS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Special Meeting of May 30, 1990 7 . 35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7 : 40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083 , Block 01, Lot 01. U 7 : 45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of the 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. Page 3 - Notice of Hearings Southold town Board of Appeals Special Meeting of May 30, 1990 7: 50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct a retail/office complex, proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03 , Lot 01. 7: 55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 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 May 21, 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 . . Qrrwc- . . . . . . ., 19 To C��-F-n . . . o . . .1+. . .?f. .�. . . . . . . . . . . . . . . . . . . . . . . . . . . CA PLEASE TAKE NOTICE that your application dated . . . . . . .. 19-O. . for permit to C� . .G4. . - at Location of Property 5. . . .C� 4'!'�. . . -�, C,c. � ` "�. _ House No. Street • *Hamlet County Tax Map No. 1000 Section . . . . O.$. 3i . . . Block . . . . o). . . . . . . Lot . . 1 . . . . . . . . . Subdivision i1 ,AA.CA. . R 414.? Filed Map No. . . . . . . Lot No. . . . 4. . . . . . . . . . . is returned herewith and disapproved on the following grounds . .Qr4 -. t, A. . . 1 ct�- 3o A s .. , x : . , • ern . . . .1�. .Q.. . C �.. .a^d�: .r' . . . . . .. . . . . . . . AS9.� . .� �",.CJ`�►1C.�C .�t,4?yr� . . . . s ,a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 � r 9-S JAN 3 0 1990 TOWN OF SOUTHOLD, NEW YORK APPEALl� Ff{��p D I N OF. BUILDING INSPECTOR APPEAL NO. Sot&0F,a L®1PPDE& DATE JanuarX 26 , 1990 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 ( ) .....EVA HALLA .................of .......5.. Randy. Lane................................ ................................... Name of Appellant Street and Number Plainview New York HEREBY APPEAL TO .............................................................................. ..... ........ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR- ON APPLICATION FOR PERMIT NO. ........... DATED .......JanuarX 25 , 1990 ......................... ..... .............. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO EVA HALLA........................................ ... .......... Name af Applicant for permit' of 5. Randv Lane... Play �W ..................New York . ............. .... Street and Number Municipality State ( ) PERMIT TO USE ( X) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Glen Court Cutcho e Re 1 entia Low-Density .........................................................>�is ric ............................................ Street /Hamlet / Use District on Zoning Map District 1000 Section 83 Block 1 Lot 1• Current Owner Lira Halla /vlop No. Lot No. P r i o r Ow n e r Birch Properties, Inc. 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 IIIA Section'100-30A.3. r Articl.eXXIII Section 100-239.4 A. (1) and. Article XXIV. Section 100-244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) 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 (mW (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. .....N/A...................Dated ........VA...................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Petitioner has entered into a contract to sell her property to John R. Dempsey. The contract is contingent on the Petitioner being able to obtain a building 'permit so Mr. Demnsey can erect a .one-family dwelling on the property as .shown on the Plans. and . Specifications which are attached hereto as Exhibit 1. Under the current zoning ordinance your Petitioner has discovered she will need a variance to construct this dwelling. See attached man of 'property surveyed for Eva Halla by Roderick Van Tuyl, P.C. dated Sept. 1, 1989 and last amended, Jan. 4 , 1990 which is attached hereto as Exhibit 2 . Form ZB1 (Continued on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or.unneces--' sary HARDSHIP because Petitioner' s property has been held in single and separate ownership by Petitioner since February 13, 1970 . Petitioner purchased this property with her late husband, Vaino Halla; as tenants by the entirety, on February 13 , 1970 . Vaino Halla died on April 27 , 1983 and Petitioner is presently the sole owner of this property. The' property is rectangular in shape having 100 feet in width along Glen Court which is a private road owned and maintained by the" Birch Hills .Property Owners Association and 100 feet along .the beach adjacent to Lona Island Sound which is also owned by the ,, Association. .. The lot has a legal depth of 205 feet as shown on the map of the property (Exhibit 2) ; however due to the 50 foot bank there is _only 151 feet on the westerly side and 134 feet on the. .- , easterly side of this property. When your Petitioner purchased the property the zoning in effect at that time was "A" Re.sidential .-and Agricultural District with a minimum lot size of 12 ,500 sq. ft. declaring a front yard of 35 feet and a rear yard of 25 feet; although (CONTINUED ON ATTACHED RIDER) 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 the Petitioner' s property has remained the -same in size and dimensions but has been in effect shrunk by the ,various changes and requirements of the zoning .prdinance. The houses constructed in the neighborhood are nre-existing before the recent zone amendments and as such are not affected by the changes in . the zoning .code. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the residential neighborhood has been established for a lonq time prior to the enactment of the recent amendments to the zoning code and all existing lots are non-conforminq in some respect under the current Town of Southold zoning standards . The granting of the variance to enable construction of .a home on this parcel. will not change the residential character of the neighborhood but ,will improve this particular portion of the subdivision. STATE OF NEW YORK ) �i ................'�.�.. ... u r COUNTY OF SUFFOLK ) Signature Eva Halla Sworn to this �..�'. ...................... day of........January............................... 1990 N0.;a ry Public BARBARA DIACHUM NOTARY PUBLIC, State of New York No.4635190,Suffolk County Commission Expires October 30,1990 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY EVA HALLA RIDER TO REASON FOR APPEAL QUESTION #1 1. CONTINUED. the Suffolk County Health Department Regulations at the time requi'red' a building lot of 2'0 ,000' sq. ft. After various amendments to the zoning code the property is presently R-40 District and pursuant to 5100-244 of the Zoning Code the lot is now non-conforming requiring a lot width of 120 feet, a depth of 140 feet, a front yard of 40 feet, a minimum side yard of 15 feet and a rear yard of 50 feet. In addition §100-239 .4 A. (1) of the Zoning Code requires all buildings adjacent to Long Island Sound to be set back not less than 100 feet from the top of the bank so in effect the rear yard for this property is 100 feet. The practical difficulties of building a house on this lot in conformance with the current zoning ordinance is obvious. To comply with the 100 foot set back from the top of the bluff will leave only 34 feet of property. The point being is the further away you move the house from the top of the bank the closer you will have to build it towards the road. In addition the Covenants and Restrictions affecting the property require a two-story dwelling to have a minimum of 1,600 sq. ft. of living space above grade and for the design and elevations of the house to be approved by the Birch Hills Property Owners Association. The roadway in front of the lot is unusable and overgrown with weeds at the- present time. The Petitioner has discussed this problem with building a house on this lot with the Birch Hills Property Owners Association at their annual meeting on October 29 , 1989 . The Association has taken the position they would like the house built as close to the road as possible taking into consideration the erosion on the bluff and the other aesthetics of the area. The Association decided to grant to this lot an easement for one-half of the roadway so a driveway can be constructed and appropriate landscaping could be planted in an effort to clean up this area. Lot No. 11 would have the other half of .the road to maintain a landscaping easement . (See attached Consent of the Birch Hills Property Owners Association, Inc. dated January 25 , 1990 which is attached hereto as Exhibit 3 ) . This arrangement will then place the house 65 feet from the top of the bluff , however, in order to be built it will require a 0 foot front yard variance, a lot width variance and a variance from the 100 foot requirement from the top of the bank. The proposed house itself contains 2,252 sq. ft. of living area with a downstairs of 1,768 sq. ft. In addition there is an attached garage containing 462 sq. ft. The house contains a 10 foot wide deck all of which is shown on the attached map of the property (Exhibit 2) . /c 3 - - TOWN OF SOUTHOLD PROPERTY RECORD CARD /L"f - S OWNER STREET VILLAGE DIST. SUB. LOT hs' FORMER OWNER N E ` qAC�R Ll_ r 7� S W TYPE OF BUILDING - RES. �l SEA . VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK - SUFFQ" "" CO. HEALTH DEPT. APPROVAL -- H. S. NO. t1 :4•T�l,ifMa.2K pew L IJ`�`ti� TIT F-C-(4 +~D N i AP _ V -' _. �.�. STATEMENT OF INTENT rr f„�• THE WATER SUPPLY AND SEWAGE DISPOSAL �.60 3S 20 E, 1 �� SYSTEMS FOR THIS RESIDENCE WILL �G U E-- CONFORM TO THE STANDARDS OF THE O - —�,_ TOV,/4., O �^!-'�t(��,I,, i�ti> SUFFOLK CO. DEPT. OF HEALTH SERVICES. APPLICANT , �`. _ SUFFOLK COUNTY DEPT. OF HEALTH •: U 4un � SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO.: > L i APPROVED: �• SUFFOLK CO. TAX MAP DESIGNATION: A►WT) a 1 i 33. i 1 V DIST. SECT. BLOCK PCL. GESSPO% C- OWNERS ADDRESS: cf) - S 2A„.IDY r_ANE { c, PLAit,,J'Vicam/, il-,j . t1803 j i4o' - �• r-'�' �_L_ �'F t•I t {° f_,_r;,y, _ DEED: L. N/A P. ` J <' rQ o`�' 8>�;''-li_[`:y�• �7't j/�C,F_/A� _�{ �/�- C- { TEST HOLE STAMP WFr• Sector �. .,.. .. °'4,lc92ion kaw. corks cII this sq'- .t .: .. ---, _=0 `.hJ r�.d same�er•t.i�tyej , l £ bossed 59ai shali r.i be - ~�'` to be a valid truo copy, i euarantess indicat6d hereon r:r •1 "nl'l to tha Der3an for wh:3:-n } lei ) pieRar :),and an 1r his .:i L:r:o m cc ::,9,1',9orr-rnman,nl M _r�E=51!L N�E f } �t 9 nwinga in:>:iturtirn!tell•I ll.L-;Y''.. {� to ti7e¢.csirr-mZc,of the _ - u- } _ _ tualan,t=usrr;r;cis are na± AP AM Eh.(U E D - OcT, 31� 1989 C � 'Co sc:i ian�;institutions ar oubc.,buu ; f? cxvr; �v J O E t:. Ei 14 t 81 -'� ter�. 7V{a T- ,`i•�_G 's_ °�'r `' r ,` �_;�_��i +`r�.f r i j - L� ----- -- --A_N.A 1000LL , �� SEA --`. L 1 1V>✓.1 �.i �y.�rr�� ,-I. i t �.� '-� f jf_r "'( ,,.,._t_. �r!' - i L f1_Efl i.F',! y i -�ii ;�": : r� . ( f,`f!i!,r,�y -' 4- i~!�{� 2 Al YE 2. ELE VAT 10145 \hr'Al E2 1?.S LGi\ IS; A '' r _ =' ,•�•` �• RODER`IC/K VAN �T-U`YL, P.C. LICENSED LAND SURVEYORS -Zu _ GREENPORT NEW YORK - TELEDYNE POST N81729 FMBI7 a 31 .-3-29 C TQ PARADISE POINT . ASSOC . luu [uu cuu c4ju 01f- i I 82.-1-1 C LN ZANIESKI JO.SEPHINE & 0 8,600 8,600 8,600 -- 3,600 120 1 36 HAS- --VAINO & WF - - - 2800- -- - --- 2,800 - - -- - -2,800 2 300 -- . _.311 1 13 83.-1 -2 C MP BRYAN MARCUS R 2,800 2,800 2 ,800 2, 800 311 1 13 1 8.3 =1-3 - - - -- ------ - ------ -- - I- B R Y A N--J O A N N E Pi 3.0 0 0-- ----------9' 0 0 0 .. -- --- 3.0 0 0 - 8:0 0 0 210 1 - 13 83.-1 -4 C OB ►3IRCH HILLS PROP OWNER 800 800. 800 800 591 1 13 '83.-1 -5 C.. OU LONG ROBERT P --- 3,000 --- 9,100 - - 3.000: _ . .._ . 91100 210 1.. 13 1.. ; 83.-1 -6 C PN YANNIOS CRISTOS C 3.000 9,300 3,000 91F300 210 1 13 - --- - --------------- -83.-1 -7 C QG VANGI AN`TONIO & GRAZIA --- -3.ODD -- -- ---10.800 - - -3aD00: _. -_ _210 1 - 13 83.-1 -3 C QZ LORETO JOHN A 3_,000 9,800 3,000 9F800 210 1 13 --- - ------ --- ---- _ -- 83 '9 - - C RS L0RET0 LiLL1AN -- 1.400 1 .400 -.-.--- - 1--400 - -- -_ _1�400 --- 311 1 - _. 13 83.-1 -10 C LV KALAS JERRY & ORS 3,000 10,200 3,00V 10,200 210 1 13 -""'83.-1 -11 - - --- -----_._ C . MO OENDRON _RENE- - -- - -300 - ---- --- -300 - ---_--- 300 - - 300 591 1 13 83.-1-12 C NH ALIANO NICHOLAS 800 800 300 800 311 1 13 8 3.=1=1 3------------ C O A A L I A N1 O P1 A R GA R E T 6 00--- 6 O-U ------ S 00 ---- b..[1--- - -311 1 - - - 13 83.-1-14 C OT ALIANO NICHOLAS 500 '500 5GO 500 311 1 13 "_ 8 3:1--1 �--------------------- - C P M A L I A?V 0---M A R G A R E T------------ .----------6 0 0------------ 6 0 0_._ --------.-6.0 0 �0� _ 3:1-1- .;� 13 83.-1 -16 C QF RICHERT DONALD & WF 1 ,200 1,200 1 ,400 2,400 210 1 1 .3 -" 83.=1 =17. 2 -- - ------ --- -C S Q GAITANI-S -PETE -& WF -- - - 1..,600 ---- ---81000 -- 1,$.00_ -- 8,COD-- - 210 1 _ 13 F" 83.-i -18. 1 C SN MAGILL ALFRED & WF IP600 7,900 1 ,600 7r900 210 1 13 C S K K U B E C E R W.I N .E 83.-1-20 C MN WILHELM WILLIAM G & WF 1 ,300 6,400 1 ,.300 6,400 210 1 13 _ _ __8 3.=1=21 ------- ----- C N G L U A N S K I F R E D E R I C K-& --- -- --'!,'Co- 0-0 ----7=;.�OU---- ---9 4 0 0. ------7 r l 0 D -...__ 210 ! 1 3 83.-1-22 C_NZ RACAN_ELLI G.IUSEPPE & W 1 ,400 6,800 1 ,400 6,800 210 1 13 _._8 3 -1-2 3 - - ---------- --C OS LARK PATRICIA ------- -- - -- :----1,2 0 0-------- 1 ,200 - --- -- 11200 -- - --T f 2 0 0 - ------31-1 ..1 - - 13 r' 83.-1-24 C PL LARK RICHARD F & WF 1 ,400 8,800 1 ,400 8,800 210 1 13 8 3 _1 _2 S- ----- - C O c LARK RICHARD---- ----- ---- --- 1 ,400 1,400 --1 0 4 0 0 --- --- 1,400 - 311 1 13 83.-1 -26 C QX CASARONA JOSEPH 10800 8,600 11800 8,600 210 1 13 r. 8 3-=1-2 7 -1:4 0 D - -G s 4 0 0-- 210 1 13 83.-1 -28 C SJ FINGER WALTER C & WF 1 ,400 8,200 1 ,400 8,300 210 1 13 83.-1 29 -- -- ------- - C SfHROED=R TODD--v- ------------1,40fl-- ----7,200 - -- -- 1 ,400-- --- 7 200 - 210 1-- , 13 . v' 83.-1-30 C NF CONWAY ROBERT J & WF 1 ,400 80000 1 ,400 80,000 210 1 13 8 3 1-_3 1- - - C i�Y R E I T E R J 0 S E P H---T-&-�,F----------1.�►D 0-----b 3 0 0--- --i,4 O.tT--- - 5.3 *83.-1-32.2 C QJ KRUPSK.I VINCENT J & WF 3,400 13,300 8,400 13,300 120 1 37 0 8 3. 1-3'2.3 ------ �R F�c R-UPS I V.I�!C E I T -&- ------- -- --- ------ :------8:4 0 9--- ---13 3 0 fl 1 2 0 1 - - - 37 83.-1 -33 "C PK ABBOTT STEPHEN 3,900 3,900 3,900 31,900 313 1 13 313 1 _ 13 f 83. -2-1 v C MPS POND -ENTERPRISES INC 81100 52,100 8000 52,100 415 1 1.3 83 =2_2---- - - -- -C fiVF KRUPSKI P.ATRICIA- - - - ------ $,bt30----15.100-- --8,b0f� - -- 95 1dfl- - 5S4 1 1.3 83.-2-3 C NY HAMMEL RICHARD L 2,700 4,600 2.700 4,600 260 1 13 8 3. -2=4_1 ----- ----- - -p N Y U C H E N G K A I PC -------- ------- -t� •i 0 0-----:10.9 0 G ---- --b,1 0 ---- 10,9 Co O -210 1 -- 1 3 83. -2-4.2 C QJ PASSALACQUA SALVATORE 5 ,100 9,300 5,100 13 ,500 210 1 13 83. 2-6.2 ---- -- _-...-----C RV- CONNJLLY-J�_i -N -$ WF - -- ----------2 $00- - 7i400 - -2 $fl0 - - 7.4d[l .._.... .210 1 - .._. 13 i 83. -2-6.5 C UJ KLAPPER MURRAY 12 ,000 17,900 12,000 17,9d0 210 1 13 83:-_2_ b -- --- ----- C VF KLA?PER MURRAY $ WF -- -- -2,800 3.400----- --2----800---- -- --3.400--- 31.2.. 1 ----- - -13 '83. -2-7.2 C SO DAMBASSIS LINDA 4,100 7,200 4,100 7,200 210 1 1 .3 83._2-7=3- -- -- - C--T -KALAMARAS---PETER 8:W ------7.$00 - 1�0.000 --- ---- T.800 - - ---- 14.000 83. -2-7.4 C UG SMITH DIANE 4,500 4,500 4.500 4,500 313 1 13 83:-2-7.5 -------- -:---- C---V C S M I T-H--D I A N F --- ----------- -4.3 0 0 4 3 0 0---------4.3 0 0--- --- --4-1-3 0 0 31-3 1 ---- ._- -- -- 13 00. ---------------- k ONG LB A-C A-C HD -80 A-C SEE SEC No 072 u—M 14 SouND 45 90 .19 L.D It, ..E SCR 0.9 ZAt .6.6 1,01 f4 ra 0 00 c CiF 4. 3 n, 41 A s, FOR PARCEL NO PON PA.0 I NO '.A PARCEL FO PARCEL NO SEE SEC NO,095 ", SEC No 095 SIE SEC NO.91 SEE SEC NO.11 FOR SCCEL Na� ..0.... -01-009 -01-010 -01 0.1. SEE_001."O z Z 6�j Z - - -02 MATEN Z c N SEE SEC 0 "a 095 P LSg..d KEY 04P c — C-1— —r,--I-,—ill 1—ill-11, 111) COUNTY OF SUFFOLK SO BAKER,'n. : ..,—: C_ T—1. U." L... Real Property Tax Servce Ag y 11LUGE OF C,. P., SCALE 'Ell Counly Conler EA— (21) C-1— Riverhead,L.I.,Now YOrk � P PLANNING BOARD MEMBERS ' oSUF�ol,�c I F,.` JAN I 97 RICHARD G.WARD ���� OG t4, n Hall, 53095IMain Road, Chairman o y1 L. .O.-Box 1�79— GEORGE RITCHIE LATHAM,JR. y 2 Southold, New York 11971 I BENNETT ORLOWSKI,JR. 0 Fax(516) 765-3136 WILLIAM J. CREMERS KENNETH L.EDWARDS y�J�l ��0� Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 14, 1997 Richard Lark, Esq. P.O. Box 973 0 a Cutchogue, NY 11935 l Re: Proposed Lot Line Change for6vaal and Birch Hills Property Owner's Association SCTM# 1000-83-1-1 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, January 13, 1997: WHEREAS, Eva Halla is the owner of the property known and designated as SCTM# 1000-83-1-1 and the Birch Hills Property Owners Association is the owner of Glen Court, located in Cutchogue; and WHEREAS, this proposed lot line change is to subtract 5,000 sq. ft. from the Birch. Hills property and to add it to the Halla property; and WHEREAS, a variance was granted by the Zoning Board of Appeals on June 27, 1990 pertaining to this property; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on January 13, 1997; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and .ti Page 2 Lot line change for Halla/Birch Hills Property Owner's Association January 14, 1997 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated October 11, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: 1. A new deed pertaining to the merger of the 5,000 sq. ft. parcel must be filed and a copy of the recorded deed must be submitted to the Planning Board. 2. A 15 foot utility easement must be shown on the south side of the new portion of the Eva Halla property. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman .enc. / cc: Zoning Board of Appeals COUNTY OF 'SUFFOL'�C D JUL 2 6 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5513 July 24, 1990 Town of Southold Zoning Board of Appeals Applicant: Eva Halla Mun. File No. : #3914 S.C.P.D. File No. : SD-90-20 Gentlemen: Pursuant to the requirements of Sections A 14-14.to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will be developed in accordance with the alternative setforth. Very truly yours, Arthur H. Kunz Director of Planning- S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY ' HAUPPAUGE, L.1., NEW YORK 11788 ' (51 6)360-51 92 1 PLANNING BOARD MEMBERS SUFFOJ f �G Town Hall, 53095 Main Road RICHARD G.WARD Chairman t P.O. Box 1179 Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. coo Z ' BENNETT ORLOWSHI,JR. % 5 T Fax(516) 765-3136 WILLIAM J. CREMERS y� � Telephone (516) 765-1938 EENNETH L.EDWARDS r" PLANNING BOARD OFFI;Ot�K::7 TOWN OF SOUTHOLD pEC 2 6�g�6 ,'•, ; ;• December 24, 1996 Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Lot Line Change for Eva Halla and Birch Hills Property Owner's Association SCTM# 1000-83-1-1 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, December 23, 1996: The final public hearing, which was held at 7:35 p.m., was closed. The Planning Board will be reviewing the issues brought up by Patricia Moore in regard to easements on the subject property prior to making a final decision on the lot line change. Unless otherwise notified, this matter will be scheduled on the Planning Board's January 13, 1997 meeting. Please contact this office if you have any questions regarding the above. Sincerely,' Richard G.- Ward mS Chairman cc: Zoning Board of Appeals APPEALS BOARD MEMBERS ® `'° rn SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman �- Charles Grigonis, Jr. �® ®,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 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 PAlratn cil eg Com i ss i on :, XX 9 III', Section 100-.30A. 3 Variance from the Zoning Code , ArticleXXIV, Section100-244 Article XXIII., Section 100-239. 4 Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No . :39.14 Applicant: Eva Halla Location of Affected Land:. 55 Glen Court , Cutchogue , NY County. Tax Map Item No . : 1000- 83-1 -1 Within 500 feet of: Town or Vi.11age Boundary Line XX Body of Water (Bay , Sound or Estuary) State or County Road, Parkway , Highway , Thruway Boundary of Existi.ng 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 Copies of Town file and related documents enclosed for your review. Dated : July 19 , 1990 G. . . APPEALS BOARD MEMBERS � � ::�� �;� rP, SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .� Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 July 13, 1990 Richard Lark, Esq. P.O. Box 973 Main Road Cutchogue, NY. 11935 Re: Appl. No. 3914 - EVA HALLA (Variance) Dear Mr. Lark, 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 IN011C;E OF HEARINGS NOTICE IS HEREBY GIVEN,pursuant to the Section i.167 of the Town Law and the v ;Code of the Town of Southold, COUNTY OF S U F FO L K ;.the following hearings will be ss: held by ,the SOUTHOLD STATE OF NEW YORK MAYly�30 SOWN BOARD OF APPEALS ',at.''a Special'Meeting, at the Southold Town Hall, Main °`Road, Southold, NY 11971, on Patricia Wood, being duly sworn, WEDNESDAY,MAY 30, 1990, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, at the following times: a public newspaper printed at Southold, in Suffolk County; ::a�i;:;7:30 p.m. Appl. No. 3920— _ ;,; A. LIOS. Variance to the Zon- ' and that the notice of which the annexed is a printed copy, =ling,Ordinance, Article XXIV, has been published in said Long Island Traveler-Watchman :.,Section,100-244,as disapproved, once each week for , `for permission to construct deck . . . . . . . . weeks additions. Proposed construc- a / tionexceedspermittedlotcover- successively, commencing on the 7 age, and will have insufficient side yard setbacks. Property . Location:310 Linda Road,Mat- day of . . / ?� j , • • , 19 . J tituck, 'County Tax Map No. / �;it;1000,Section 106,,Block 4-Lot ,;147:35 p.m. 1Appl. No. 3933 PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct Sworn to me this . . . . . . . . . . b . . an 8 ft. fence in the front yard a . . . . . . . . day of area.Fence in the front yard area not to exceed 4 ft.in height.Pro- 1 9 y U 'perty Location: 34655 Main Road,Orient,County Tax Map... _.No..4000,:Section-019,Block 01-,—. 7:40 p.m. Appl. No. 3914— EVA HALLA. Variance to the Zoning Ordinance,Article III A, Notary Public Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, "'Area and Parking, Article 7:55 BAR^ARA A. SCrNEIDER `XXIII Section 100-239.4,build- p.m. Appl. No. 3915— r, ing setbacks from water or wet JORDAN'S PARTNERS. Vari- hOT;,;;`( f'`11_(�C, State of New York lands, for permission to con- ance to the Zoning Ordinance, l�o. Article VII, Section 100-71, as (:;a.'•i` = °fin:lS Ce�1 ty struct a one family dwelling. disapproved for permission to C'oM;-;JSSICI, &Pire5 3 1/y u Property Location: 55 Glen construct office and retail stores. Court,Cutchogue, County'Ihx :Proposed construction is not Map No. 1000, Section 083, . .,,;permitted use in this District. .Block OI,,Lot Ol.`•;, ,-,:.;. "',,-.Property-Location: 1000 Main ,•'''7:45 p.m:'App1.�No.`389 =Street end.-160 .Main Road, ROBERT AND ETHELLE• _Greenport, County Tax Map SCHROEDER.Variance for re- No. 1000, Section 34, Block 2, . versal of the building inspector Lot 1. for change of use of land and The Board of A ':',existing building without obtain- PPeals will at ;ing a Certificate of,Occupancy said time and place hear any and ' Property,location: 4380 Main all persons or representatives de- siring to be heard in each of the x Road,East Marion,County Tax ? ,,'• above"matters. Written com- Map -No. ;1000,. Section 35, ,,,ments may also be submitted . lock 5, Lot 4. .`. prior,to the"conclusion of the p.m..Appl. No. 3907— subject''hearing: Each hearing ICHOLAS ALIANO. Variance to the Zoning Ordi- mill not start before time allot- 'nance, Article. III A, Section ? ted. Additional-time-for your 100-30 A.2 (Article XXV, Sec- :::.Presentation,will be available,if •.tion 100-253-A), as disapprov- needed. For more information; j ,'ed, for permission to construct Please call 765-1809.. :.„ Dated: May 21, 1990 .' ;,,•v,;a..,.. ..'a retail/office complex, pro- " gy ORDER OF posed construction is not per- '.THE.SOUTHOLD TOWN ...mitted in this R40 Zone Dis- trict. Property Location:29950 " BOARD OF APPEALS Main Road Pequash Avenue, 30 ;; .GERARD P. GOEHRINGER .. :Cutchogue, County Tax.Map zr,� K'r-By'.Doreen,Ferwerda a No 1000,Section 102 Block 03, 5/24/90 (7) G .. ._ - .. ... , .-.. --;. , ..... .... -.. -a�:'.,i u+..E6i�+•:Est s..k�+� `u, . .:f; ._._.at.=;•vH7A'F. -- 0-30 A.3`$rticli�nd txos NOTICE OF HEyGrjW,V Secuon-�p0-244 Section N0110EISIZFR0 267'of the pa*ing setbacks from !S the Section, 100 239.4.buildiig Permission 'ant to Code of thr- - .vn wetlands,for p� D water .or, dwelling• uwnls► old�ethe ,follovvthe eonstrud.a.one family ourt, South .' by Loca o -,,55 Glen C eatir►gs BOARD OF proPerne' minty Tax Mae'N°• STATE OF NEW YORK) iOUTHOLD ctal Meeting,at Cutchog 083.Block 01. MAY 3 0 1990 APPgA1S at a Si Hall, Main 1000. Secuon the Southold NY* Y 11971, m pppl No. l HELI. COUNTY OF SUFFOLK) d Southold. Y 30!1990.at : 7:45 P WED DAY, ROBBRT AND Road, - `A.: ?;SCHROfiDF.R.Variance for revere the follow'u'g umygNo 3920 _ �e building u'spector for Yvonne L i eb l e i n of Mattituck, In 7:30 P-m- ce to tho Zoning Ord' ;v;� �gn of use of land and extanne Said County, being duly sworn,says that he/she Is Principal ��,Vans Section 100 building without;obtaining a nar,ce,Alide �'� for parnu s, .ceaificate of Occupancy' O� Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, 244 as disspp of deck a$diu: 4380 Main Road, Bps pion to Gnat exceeds Location:county'..Tax Map .NO• published at Mattituck, In the Town of Southold, County of construction wiB Marion, 35,Block�.Lot 4• Suffolk and State of New York,and that the Notice of which proposed �, and pernnttted lot coverag set- 1000,Secttot!'. l907 310 7:50 P•m•.APP: p regularly published in have insufficient side Ys O,-Nov"ananca the annexed is a rioted copy,has been re ula rty_. °n� Tax riICHOLAS ALIAN ca cle III A. -.backs• props n unty O,dr,ance.Anti said Newspaper once each week for weeks Linda Road.M� 06.Block. the y,Otttng Article XXV p No 1000�Sew Section 100-30 A.2( as. ,�s,p. successively, commencing on the 24 day of Lot 14. 1. No 3933 Section 100-253.for SA��co construct I ga y 19 90 1:35 p•m• ABp Vaimna a iiOnta�t]Jofft Alex: Proposed PAMZ�ng ordinance- ,A� construction not pamutu ` for par' ne,Distnct: PtOPetty section 100- 8 ft fence this R-!�.9950..Mau► goad,:30 ' to construct an the location: tie, mission amp Fence m Avenue,, Cutchog Idol- the front Yard to excCed 4 ft in Pequash No:low,Secuon Tax Map front yard area notL�auon. 34655 CounBlock:03.; 01... :,... ;:height PtOpeprient, County Tax '.102. m ,Ppl•.No:.39. .- ineipal Clerk Main RO 1 NO. 000,Section 019.Block 7:55 p.m.P S..Variance JORDAN' TIER... Article ordinance- In - Lots 5&6. 1. No• 3914 to' the section 00.71:` as :40 pm APp ce c-�pa- :..VIL. invasion to.. Vann Sec disapproved.for ,p�, stores•. , Article A• � ��t office and iemu Sworn to be re me this Pt vosed ;construction.;.is AO� ' day of 19 !NARY K.DEC, NOTARY PUBLIC,State of New York nnitted .use in:.this DisMmctn Suffolk County No.4849860 _y rt =aocdtion:..1000. 'Street tyd ffi0 Main.Road;Green- Term Expires Februar�Ii19�` } pori County.Tax Map.NO. 1000, - Section 34:&lock 2,bot e Board of-A s pd.&U said a g tjme an place hear any,and,a4 p ons or-rep resentauves deunn6 „<.�heatd in each of the above mat ' "lets. Written comments may;also The submitted prior :,, conclusion of the subject hearing F,ach hearing wAtldld uonsltim fo ~ time allotted• able: Your presentation will if needed. For more information.. Please call.765- Dated May 21,1990 .` OF T1. SOUISOLD BOARD OF APPEALS .. :•..:...,��pRD P.GOEEIR1NGlIt 'Doreen CH FA ay slur. w;. -1 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. 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" tq 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 •i . r 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK 2 --------------------------------------x 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING, 4 ' 5 --------------------------------------x Town Hall 6 53095 Main Road 7 P.O. Box 1179 Southold, New York 11971 8 May 30 , 1990 9 7: 36 P.M. :1 10 11 B e f o r e: r 12 GERARD P. GOEHRINGER, Chairman 13. 14 APPEALS BOARD MEMBERS: `r 15 CHARLES 'GRIGONIS, JR. , Absent 16 SERGE DOYEN, JR. 17 JOSEPH H. SAWICKI 18 JAMES DINIZIO, JR. s Z 19 m .20 Also Present : 0 21 Doreen Ferwerda Board Secretary W 6 22 23 24 GAIL ROSCHEN 25 Official Court Reporter 1 10 2 THE CHAIRMAN: All in favor? 3 MR. DOYEN: Aye. 4 MR. SAWICKI : Aye. 5 MR. DINIZIO: Aye. 6 THE CHAIRMAN: Thank you very much for 7 coming. in. 8 The next appeal is in behalf of 3914. 9 We will ask Mr. Lark if he would like to say 10 anything concerning the letter we received 11 from the Suffolk County Soil and ;dater Con- 12 servation. 13 MR. LARK: Richard Lark, Main Road, 14 Cutchogue. 15 I have read over the minutes of the 16 last hearing. I have one correction. I e 17 stated the erosion that has taken place is 18 about a foot. a year on top of the bluff. That- s 19 is incorrect. It is about a foot every two Z e 20 years. I have remeasured that. I have been 0 21 up there since 1968 , and we just replaced the. u ' z W 22 deck on the association property. It was 23 about 10 years ago we had replaced it. I 24 measured what the difference was, the recession, 25 and it' s following the way it has been. I . 1 11 2 checked with Young' s office g (phonetic) and 3 that' s what their records seem to indicate 4 on the Sound' s bluff. That' s the correction 5 there. 6 The soil and water letter that. I got from Mr. Tenyenhuis ' technician is essentially 8 the way I explained it to you the last time. 9 There is only one thing that you should be 10 aware of. The large rock that you saw is 11 actually on the Donoleski (phonetic) which, 12 I guess, is now the Abbott property. It is 13 not on this one. It is 10 feet over. That 14 pretty much fr.ames .the lot for you if you are 15 looking at it from the Sound, which I believe 16 you did, Mr. Goehringer. Other than that, 0 17 it is -pretty well self-explanatory which is 18 why I think it is in everybody' s best interest, 0 19 especially any future landowner there, that W m 20 the house be constructed as far to -the south 0 W 21 as possible, to allow for that. u z W 6 22 I looked at the house two properties 23 away owned by Bryant, which this Board granted 24 a variance in 1978 , and he built his house :25 about 27 -- he had a 25-foot variance from 1 13 2 it is the practical way to handle the problem. 3 Another thing I want to state for the 4 record, I insisted that the application come 5 before you because the Building Department 6 did not interpret the zoning code the way I 7 think it should be interpreted. I think the 8 hundred-foot requirement supersedes even the 9 pre-existing requirement because of the words 10 notwithstanding in the other provisions in 11 the chapter. They don' t agree with that. They 12 think the house could be put up. Whatever 13 decision you render, which I hope will be 14 favorable to the Petitioner, I would hope you 15 take the lead and do a little definition there. 16 This is an uncontroversial application. so 0 17 in another application you might have, you 18 can clearly spell out by precedent--wise one o 19 section does supersede everything else in the 20 ordinance, the requirement you've got to be 0 21 back 100 feet from the bluff regardless of z W 6 22 the pre-existing lots, and the people would 23 have to come in here for a variance of that 24 section. 25 In recap, I am asking for a variance of 1 12 2 the 35-foot requirement at that time and in 3 ' 78 he built it about 27 feet and he wishes -- 4 he heavily vegetates his every year -- and he 5 wishes he was a little closer to the road 6 because he gets nervous so they don' t have 7 a repeat of what they had in Rocky Point severer 8 years ago. Given the fact you've seen the 9 stub end of the road, Glen Court there, and 10 the fact that it was not intended to be open 11 and the landscaping easement can be worked out, 12 I think it is probably an ideal solution. I 13 know the association is pushing that heavily, 14 because it will clean up that area and get 15 the house back as far -- Another thing I didn' t 16 point out, the mansion, the big white house e 0 17 you saw there -- the further south that you 0 18 put this house, and I talked to Mr. Demskie 19 (phonetic) who talked to the owner, the less W ' Z L 20 it interferes, not that you care, with the 0 21 view of that house. The further you put it V Z 22 towards the Sound, the more it. can interfere 23 with the view. So all things considered, 24 even though as you indicated in your �- 25 correspondence it is somewhat unusual, I think 1 14 2 that 100-foot variance, I think it' s set back 3 65 feet, and I am asking for a front yard 4 variance which would be in effect 35 feet here 5 going back, and . I am asking that it be set 6 as close to the road as the Board deems prac- 7 tical. I am asking for zero. The builder 8 would like 35 feet but. I just don' t think it 9 is realistic because one variance hinges on 10 the other. It is Catch-22 as you pointed out 11 the last time. 12 THE CHAIRMAN: Could you just furnish 13 us, if you don' t have it tonight, the depth 14 of this house in reference to the north-south 15 depth. 'I know we could scale it but -- 16 MR. LARK: He doesn' t have that. 0 17 ;THE CHAIRMAN: It is not listed. The 18 actual postage stamp or footprint is not 0 19 listed. It just shows a proposed house. We Z 20 may have it in. I don' t think I have seen it. 0 21 I looked at this before. One morning I went W 22 down there, and I did not see it. It is not 23 something that has to be done tonight, Mr. 24 Lark. 25 MR. LARK: Okay. The surveyor did. . 1 15 2 leave it off. I think I described it in the 3 application. You would like that shown on 4 the prints? 5 THE CHAIRMAN: Just so we know exactly 6 what we have there. 7 MR. LARK: The proposed house? Yes. ^ 8 I do mention it in the petition, the size. s I believe it is, but it is not on the prints 10 of the survey. I see that. 11 THE' CHAIRMAN: Just have one of-your 12 secretaries give us a call tomorrow. 13 MR. LARK: I can have the surveyor 14 locate that there, on there for you. That 15 way you would have it officially with exactly 16 what it is. ° 17 _ THE CHAIRMAN: Thank you very much. 18 Is there anybody else that would like Z 19 to speak in favor of this application? Is' Z 20 there anybody that would like to speak against o u W° 21 the application? Are there an Y questions •,:.I d 22 from Baord members? 23 MR. SAvVICKI: None. 24 THE CHAIIUMIAN: Hearing no further 25 questions, I make a motion closing the hearing I 16 2 and reserving decision until later. 3 MR. SAWICKI: Second. 4 THE CHAIRMAN: All in favor? 5 MR. DOYEN: Aye. 6 MR. SAWICKI: Aye. 7 MR. DINIZIO: Aye. g THE CHAIRMAN: The next appeal is Number 3895, in behalf of the firm of Wickham, 10 Wickham & Bressler and we ask Mr. Bressler if 11 there is something he would like to furnish 12 us with? 13 MR. BRESSLER: Yes. For the Applicant: 14 Wickham, Wickham & Bressler, P.C. , Main Road, 15 Mattituck, New York 11952, by Eric J. Bressler. 16 At this time, gentlemen of the Board, s 17 I have been instructed by my client to withdraw s 18 this application without prejudice. I apologiz . 19 to the Board members for the late notice and 2 20 any members of the public who are in the V 21 audience tonight who thought there would be W 6 22 something happening, but only this afternoon 23 I communicated with Mr. Schroeder who expressed 24 his intentions to me in this regard. a �- 25 THE CHAIRMAN: Would you furnish us with 1 34 2 C E R T I F I C A T I O N 3 4 I, Gail Roschen, an Official Court Reporter, 5 do herebycertify y that the foregoing is a true and 6 accurate transcript of my stenographic notes taken on 7 May 30 , 1990. 8 9 10 GAIL ROSC EN 11 12 13 • - 14 15 16 0 17 o - a 18 Z 19 W 20 m 0 21 u z W 6 22 23 24 r ' 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK ------------------------------------------X SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - In the matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman A. Lios Eileen Villani Thomas Collins John.C_.._._Perrone _ Eva HaJ:1 � Robert and Theresa Turner Elsie Parkin, Applicants ------------------------------------------X 53095 Main Road Southold, New York 11971 - April 19, 1990 BEFORE: GERARD P. GOEHRINGER, Chairman_ BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN., JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN :: FFR�%ERDA n U 4 30. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: The next appeal number r' is 3914 and the Legal Notice reads. . . .could f / I just ask somebody to close that back door? ._ i . . .Thank you. Appeal applicant, Eva Halla, r Variance to the Zoning Ordinance, Article t t III A, Section 100-30 A.3 , Article XXIV, Sec- tion 100-244 , Bulk and Parking Area, Article l XXIII , Section 100-239 .4 , building setbacks i j from water or wetlands, for permission to ' r construct a one-family dwelling. Property location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083-01-01. i� The survey I have before me, produced by Roderick Van Tuyl (phonetic spelling) the most recent date, September . . . January 4 ,1990. We have a very interesting application . here in that the applicant is requesting a zero lot line based upon the top of the bluff to Glen Court , which is simply at this particular oint a pa er P . p street and the application 31. is a request that the deck be approximately -65 feet from the top of the bluff or what we refer to as the lip of the bluff. I have a zero lot line right adjacent to Glen Court with a .151 . setback• on the. west side, 33 ' on the east side. I have a copy of .Suffolk County Tax Map indicating . this and surrounding property in the area. Mr. Lark? MR. LARK: Richard Lark, Main Road Cutchogue. The first thing I 'd like to hand up would be a single and separate ownership search which is 244 Section. Should you re- quire it , I hand that up as an exhibit . I thought the Chairman was going to read the application. . The application is a part W 4 of the record, sworn by Mrs. Halla, on January 26, 1990 . However, I would like to 0 Z cover a couple of highlights for the Board. W Z since, as Mr. Goehringer said, this. .is a m unique application. 0 Mrs. Halla cannot be here tonight because W 6 she lives in Levittown and is ill. However, her builder, Mr. Dempsey is here and he can answer any questions since the application you have before you, she was working in .. M�.:�G4_. 'i4 Wi(:j•��`-Wl.v�� t....- .->ynwl:./pnC•wLw 'Pi.. ... n 4 32 . concert with him to try to conform this house to the existing topography and surrounding neighborhood and existing houses there. There was indicated in this application or petition that Mrs. Halla, your petitioner is under contract to Mr. Dempsey. However, it was contingent upon getting the building permit . One of the key . _ pieces to keep in mind here is that this is a lot on a single, separate ownership since February 13 , :. 1970 when she and her husband purchased it. The map is a filed map called the Map of Birch Hill which was filed some years prior, I believe 1965 . So one section of the zoning code which W we' ll cover in a minute, says we can go back to f the ' 65 code. So I ' ll just point that out.- In 0 the interim, her husband died so she is the sole W owner and she 'no longer has any need or intent to Z Z m build on the property and that' s the reason she ' s selling to Mr. . Dempsey. But her original intent was to build the home. her husband passed away in ' 83 so she' s decided to sell the lot . The lot you have on that map before you is 100 ' width and it runs to the, really, foot of the bluff. It has a legal depth of 205 ' but when looking at the file ma - -- _-'.-f'dr�:�tia-''s^+.e� r... ;_ -• ._. 1.Y/5else+f..i�wD a4�dii '�E.Te:..-. .. .. .. .. 33 . there' s another 50 feet interior that ' s owned by the Beach Association. That ' s why you see in the north, the separate search is owned by the Associ- ation. The lot does not go to the high- water mark. It goes basically, to the bottom of the bluff with a legal 205 feet from the roadway as indicated in the map. The area, since the filed map, I don't know how to define, "substantial, " but the neighbor have found in that area over the years, the bluff erodes at approximately 1 foot per year, the top of it. That 's approximate. If you go back to the early surveys and I know from my own experience, living in the. neighborhood, that ' s about right on average, about 1 foot per year it is receding. So what you have here today, you have 151 feet useable property on the westerly side and 134 feet on the easterly side. The bluff runs on a bias to the front of the property on the roadway so that ' s why you have the difference in footage, the zoning in effect at that time, the file map when she bought. However, that was a kind of misnomer because the zoning required 12 ,500 square feet . As the maps are, they're half-acres, 20 ,000 . That ' s what the Health Department was requiring in those days 34 . but the front yard in those days was 35 ' and the rear yard 25 ' . It had required 20 ,000 for the Health Department . In those days there were other houses along the bluff in that area and there was no problem. There are two houses to the east owned by Mrs. Bryant that got variances from the Board of 25 feet, some ten or fifteen years ago when the houses were constructed but they did not have the erosion problem or the shallow lot depth that this lot now suffers. Now the property as you know, is zone R-40 . It becomes a non-conforming lot under the existing zoning ordinance in all respects, width, depth, front and side yard requirements, in order to con- struct any kind of home, and I stress that, any kind of home, on the property. Also another sectio 0 W under the zoning code which you're familiar with is you have to have a setback of 100 feet from the top m of the bank so you don't have to go past 6th grade 0 W to realize you can't conform or build even a dog 6 house on the property, much less anything else when you take it into the zoning. I want to digress here because when the L zoning was passed, they passed Section 100-244 , • , ...:�T" .v.Cik!'.�.e�ib. .:aY�r l:iii..•�f l^��Y.T'�+9'�c'.... .. .: .. y_. 35 . sub-section (a) states the policy. Sub-section (b) talks about single and separate, so this meets the requirements that it ' s a single and separate. The end of sub-section (b) they talk about what relief can be granted and then the zoning law goes over to section (c) which is a little bit confusing. It says that in the case of a single, separate owner- ship,non-conforming lot in that sub-division, approved after April 9, 1951 , which we have here, relief of all front, side and rear yard area di- mensions shall be granted to the extent that the front, side and rear side area dimensions were re- quired at the time the map was originally filed. That is, as I indicated, 25 ' in the rear, 10 ' on the side and 35 ' in the front. You can construct a house with that. With that section, you will have to determine if it will give us relief from 1001 . But even if you do determine it and after consultin with the builder and everything, we still come here and apply for a variance,it is still felt that for a variance for zero front feet because, again, as you indicated, of the erosion problem on the bluff, you'd be kidding yourselves to try and force - - - •:.'c==�+.';`..•.<.;:.in-�"t:s :�N•,. .. _;j�,<: .�ieii:.:�i�l:s4c�'i�s*.�:-... .. 36. a home up toward the bluff. This was pre- sented to the Association and when it was explained to them, they heartily endorsed it and they own the roadway. It was a private road as well as a. beach and they heartily endorsed the house be built on the road, right on the road. What it is intended to do, and have as a part of that application, is never to develop that road but rather give an easement of 25 feet . . . I 'm sorry, . . .25 feet apiece on each of the adjoining lot owners , the-- 're not to construct anything there but it would be- land- scaped easement because the road, as you all know, was constructed back in 1965 and has fallen into disrepair. There are trees and shrubs and weeds and there is no road there at this time. It ' s very unsightly, so the Association endorsed granting the driveway which was what Mr. Dempsey wanted to construct on his 25 feet on the side half of it. And then on the other half would be put landscap- ing which would blend in with a high ante- bellum home. This sits on a lot on the south 1 . 37 . which was originally the estate owned by Lupton (phonetic spelling. ) That seems to be a reason- able solution because they did not want Mr. Demp- sey or anyone else to construct a home any closer to the bluff. of course,• all the builders would like to put the homes on the bluff because they can sell so rapidly but it is a fact , and the _ circumstances of erosion and all the problems they have there, it is not a simple matter of just bulkheading the bottom. If the Board goes there to see the many thousands of dollars spent by property owners. The east , they bulkheaded the bottom, bulkheaded the middle, bulkheaded W the top this winter. It still comes back a foot E per year no matter what ' s done over there. By N 0 allowing plant vegetation to grow, it slows = down the erosion problem with the exception of W _ 0 course, of a hurricane or excessive rain. Then m 0 it all goes to a mud slide and that ' s where we get the average of a foot per year. So, by putting it up by a roadway, al- though it requires zero variance, it does make sense in this situation. The Association and neighbors all endorse it because they think 38. that it ' s a reasonable way of solving the problem. It does give a 65 foot setback from the bluff, not 100 foot but again, rather than try to enforce a section of the code which allows 25 foot rear yard which we could have obtained at the time, it seems a lot of sense to do it this way. I won't comment on the house. If you have any questions, you can ask Mr. Dempsey. He' s here. I won't take _up much more. o.f your time. It is a Catch 22 situation but with this type of home that he' s constructing with a deck and the rear end and rear yard of the property which would still be 65 foot, - the north end of this, from the bluff which I have submitted to the Health Department and they have approved. I think you have a letter in the file indicating installation where the septic tank and cesspool and water would be. That has been approved. THE CHAIRMAN: You concur, the zoning existed in 1970 and basically is the same zoning that you would have today in reference to the setback concerning the area of Section 244? •-i .. .:�:.-�__. ."ax_ ... 'a:F�Ls2.l:_5:��3z'a�',:�Znr ._. .... .. 39 . MR. LARK: Yes. THE CHAIRMAN: These were what, again? MR. LARK: As I indicated, we had not changed the code till 171 or 172 and the map was filed in 165 and you- had a 35 feet yard front and a 25 feet rear yard . . . THE CHAIRMAN: Is the map on the excepted list? MR. LARK: It is not the excepted map. It is a file map that meets the requirements of 244 . THE CHAIRMAN: The reason I ask that question is because I have trouble understand- W ing it in total, a law, you can superimplant f , prior side yard and rear yard and front yard o S up to the present day standards . We still W have, under those sections, relief from un- divided lots so therefore, with this type of 0 O problem, how you can superimplant old zoning Q u on top of the present zoning. MR. LARK: That ' s why I pointed out the section. I 'm not sure that 244 Section (c) supercedes what I read in (b ) Section . 40 . I 'm really not sure on it but it all became academic after talking to the Property .Owners ' Association and realizing the erosion problems and the type of homes constructed there in relationship to the neighborhood. So he woula - not put 850 square foot house but he does pro- pose to put up there, as you have in the appli- cation a house that has got 2252 square foot, -front of 1768 . He ' s also confonted with 1600 square foot covenant restriction problem. We have a lot of problems to overcome and so it was decided to go in for zero front yard area, then if the Board felt that 244 section didn't. apply to 239 section, then to ask for a variance -of 100 foot . So we 're moving back from 100 foot end.. up as to 65 feet . THE CHAIRMAN: The only other thing I wanted to mention was the issue of 1600 square feet . Are there any other houses in the sub- division that are less than 1600 square feet? . MR. LARK: No. THE CHAIRMAN: So the Association amends the 1600 square feet stay? MR. LARK: Yes , they're all larger, as 4 41. a matter of fact . THE CHAIRMAN: All right, I guess we'll talk to Mr. Dempsey. MR. DEMPSEY: John Dempsey. The only question is, of course, which has been pretty much answered is, why a particular configuration of a house is, after reviewing the property with Dick, is there a limitation_, the configuration? ' In other words, why, having that piece come out toward the road which I don ' t know what figure you're referring to or letter. It 's really a reverse "L" , . , , the lower nortion• of -the "-L"' is a garage area, I 'm not set on this particular house. I have flexability. I just have a house W f and I figure I would settle in this community N and on this piece of property. o . _ THE CHAIRMAN: So, in other words, the W z z garage could be - , , . (inaudible) • . . . . . would be decreased on the east side? o • u W MR. DEMPSEY: Yes. d THE CHAIRMAN: Thank you very much. MR. LARK: We do have a part of the appli- cation. He has a building plan layout and- Proposed elevation and he wanted a house with 42 . a garage because it fits in with the neighborhood. He felt. that by putting it on the roadway, that way he could landscape what is now a paper street to give access. There was a resolution rather than go to a separate, detached garage, drive straight in, then that requires a further variance and more construction on the property. THE CHAIRMAN: The only reason I wanted to mention that Mr. Lark, is we're talking specifically about easement , not abandonment of road. It is strictly an easement there. I know the road, most construc- tion there is a driveway and then it ' s landscaped. To my knowledge, these are private roads. They're owned by associations.. If the Domlaski (phonetic) farm was developed, there was no ingress going to this particular area. MR. LARK: That ' s correct . To show how adamant they are, the speculators named, bought to cut out four lots, legal as sections, down Oregon Road through the farm lots. They approached the Association and practically offered lifetime paving and all kinds of money and everything else but when the Association looked at it, they were 43 . . .adamant , not to allow anybody else in and out of there. As a practical matter when you look at Diminski' s (phonetic) piece, on the excavation that ' s why Mr.Dempsey pushed the house as far to the west as he could because it ' s a tremendous ride straight up there which, you have a lot of excavation. How do you handle that? The original subdivision was 65 and it was probably not proper that they allow these properties in Greenport. The only other thing is what about the disturbance of land in the front and the rear of the house which would be between the deck and the top of the bluff? MR. LARK: He built the house .on the bluff. THE CHAIRMAN: Do you understand the ques- tion? Are you clipping the bluff in any way? Well, are you proposing to clip the bluff? MR.DEMPSEY: I 'm sure you would like me to sair "No. " Obviously, I would like to obtain as nice a view as I could for the homeowner on the type .of growth that is in there. Now there are not any substantial trees. Most of them are locust and wild cherry - and poison ivy. THE CHAIRMAN: You have to say poison ivy? j 4 . .. ..,.�3.fi�`.:s.�..6rr. � . .. .�.•,.'ir�'r.', EfElu.dte+�At'w�29��. , 44 . I had poison ivy already this year. MR. DEMPSEY: There's black cherry, some locust trees. Until 1970 that was cleared. That had been cleared by the original developer in 1964 and ' 65 when he did the subdivision. He cleared that. Believe it or not , that was used by a skeet range. That lot was cleared, so the trees that you have there really have grown since about 1973 give or take a year and not very big. THE CHAIRMAN: We're definitely going to have to investigate that a little more. The only other investigation I 'm going to request, 1I will attack that from the water side which I have not W done till this point. We' ll ask Sloane Water f a Conservation to go down and evaluate the bluff 0 and we'll do that within the next two weeks. The z reason we have not gone down is that the property W Z line does not extend to the high water mark but U in this• particular case, I mentioned this is a 0 0 unique application so we make application tomorrow A. to Sloane Water to let them go down and evaluate the bluff. ( MR. LARK: I suggest to the Board that we recess till the next regularly scheduled meeting 4 , 45 . and wrap it up till that point . THE CHAIRMAN: During that time, a couple of us, well we' ll all go down and attack it. I 'm going to do it from the waterside. My only concern is the top of the foundation may possibly give us an elevation factor from either the front corner of the house . . . but where at the top of the foundation we would approximately be where we could get an idea exactly where we 're going. MR. LARK: You mean the road side, the actual house, not the garage? THE CHAIRMAN: Okay, we 're talking right here ( indicating) this point right here, the top W of the foundation. Okay, three feet' above grade f 4 right now. N S MR. LARK: Okay, to gain flexibility there, S W to raise it or lower it? Z Z a THE CHAIRMAN: I understand that we've had m 0 this application for a little while and it is a u necessary that we deal with it on this particular basis. MR. LARK: When they build on the water, they like to get a foundation high, out of the ground because of the view. They push you. I also questioned it. That ' s the answer they gave' me. r a 46 . So what they said, three feet, I 'm sure that ' s what they have in mind to get it up as high as they can. THE CHAIRMAN: That would be a normal height for a foundation, five foot in and three foot out. Do you have a pretty even grade at that particular point? MR. DEMPSEY: Yes it .is. . .only when you get closest to the water. When you go west by Diminski,it goes right up. You have to look this time of year. You can see clear. In the summer time it ' s covered and you can't see as you can now. THE CHAIRMAN: I have not been down there since. I ' ll go back and attack it from the water side. MR. LARK: When you get to the bluff, it is . it seems to go level but when you come back toward the mansion the hill starts to. . . I, thi ik .-the original subdivider actually cut a road in, . . pit has compounded: That ' s a hell of a problem they 're living with. . 'Th'is erosion has to stop, this erosion . ... . . . . . . . . so that ' s why he was tucking the house as far west as he could get . . M 47 . i He originally wanted to put it on the east . Then when he realized he was nestling in it , so to speak . . . THE CHAIRMAN: Very good. Thank you very much. Is there anybody who would like to speak on behalf of this application? (No response ) __ Is there anybody who would like to speak against this application? (No response ) Are there any questions from the Board Members? (Collective response: No) THE CHAIRMAN: Hearing no further questions I make a motion to recess this hearing until the W next regularly scheduled meeting and we' ll do a f further investigation and refer the matter to ° Suffolk County Soil and Water Conservation. S W MR. DINIZIO: Second. z , Z 0 '< THE CHAIRMAN: All in favor? m 0 o MR. GRIGONIS: Aye d MR. DOYEN: Aye MR. SAWICKI : Aye MR, DINIZIO: Aye 48. THE CHAIRMAN: Robert and Theresa Turner. Appeal Number 3922 . Legal Notice reads as follows: Upon Application of the Applicants, Robert and Theresa Turner, Appeal application number 3922 , Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 , Bulk and Parking Area, for permission to construct an attached swimming pool to house. Property location: 1525 Albo Drive, Laurel. County Tax Map Number 1000 ,-126-03-17 . I have a copy of the survey dated January 24 , 1989 indicating from Roderick Van Tuyl,p.c. an above ground swimming pool. Proposed depth area approximately 7 plus or minus feet from the west property line. I have a copy of the Suffolk County Tax Map. Would you like to be heard, Mr. Turner? MR. TURNER: Robert Turner, 1525 Albo Drive, Laurel. The existing pool as it is now, if I were to move it, would block the entrance to the basement door so that ' s the reason for the variance. THE CHAIRMAN: You're proposing to .:P✓ -.w9t.+Iy .✓JrLY rrSD..L:.`' 'T.�.in"�s�Y '� 7��RY.�i'r*'." .. 49 . deck around that stairway? MR. TURNER: Yes. THE CHAIRMAN: 'It is in existence, an in-ground pool? MR. TURNER: Yes. That ' s not necessarily the application. THE CHAIRMAN: You can do that . . . only this matter, 7� feet of this . . . I 'm sorry 7 feet is toward a particular property line, Is that correct? MR. TURNER: It is more like 32. The pool is 31z into the side yard but it 0 is 7 feet from the property line. There' s N O O S not going to be any change. The pool stays Z right where it is . Z 0 Y a o THE CHAIRMAN: Are you putting a deck u Z around this side of .the pool? W 6 MR. TURNER: No. • - ..,_ .^'yi`kY+fyl. '�n:ta%vlyd7fi�'.:.r IIfL'9+�C.�i' a. - ... .... 03 50 . THE CHAIRMAN: Okay, the deck will only be as you're showing here, toward the east side of the property or more directly in the center of the house? MR. TURNER: Right. THE CHAIRMAN: So that part of the pool would be exposed as it presently is? Will there be any more changes, any additions? MR. TURNER: No. THE CHAIRMAN: Okay, no railroad ties or anything of that nature changing it? MR. TURNER: No. THE CHAIRMAN: Thank. you very much. Is there anybody who would like to speak on behalf of this application? (no response) THE CHAIRMAN: Is there anyone who would like to apeak against this application? (no response) THE CHAIRMAN: Any questions from the Board Members. (Collective response: No. ) Hearing no further questions, I ' ll make a motion to close the hearing and reserve decision till later. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? 51. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: Thank you for coming in. I hope to have a decision for you shortly. THE CHAIRMAN: The next appeal is on behalf of Elsie Parkin, Number 3925 . The legal notice reads as follows: Appeal Number 3925 , Elsie Parkin. Variance to the Zoning Ordinance,Article III A, Section 100-30 A.3 , Bulk and Parking Regulations in this Division of land. Property location: 7575 Skunk Lane, Cutchogue, County Tax Map Number W 1000-104-04-27 . f I have a copy of the map dated Januazy24 , N O °g 1990 , Roderick Van Tuyl, p.c. Lot Number 1 being Z37 ,500 square feet with road frontage approximately 0 125 feet; lot number 2 which is a lot that includes 0 a 27, 400 Siq.feet which is approximately 128 feet Z road frontage, Skunk Lane and Bay Avenue. This is the Suffolk County Tax Map of this and the surrounding area. Is there anybody that would like to be heard on behalf of this application? KAREN HAGEN: Karen Hagen, Wickham, Wickham �r n1 52 . and Bressler. (Phonetic) Applicant regrets she can 't be here. She has a work-related meeting. What I 'd like to say about the application, we have been in a similar situation in the past where two houses on one lot, the practical difficult being that it is difficult and burdensome two houses on one lot , in terms of selling, renting and keeping up the property. And I 'd like to stress that the size of the lot in comparison to the surrounding lot on the same zoning is large to subdivide property and would enable the neighbor- hood to have 'a lot of similar size to surrounding lots and would also be easier for property owners to keep up their P.C .O. ' s . I submit for the applicant , there has been an access for more than thirty-three years, both dwellings occupied since prior to the zoning code. This is the former Petruchi (phonetic) houses and I assume there was an active C.O. on both these houses. THE CHAIRMAN: Yes there are. How long has Mrs . Parkin owned the property? MS. HAGEN: Since 1971. She owned both parce]ssince 1971. She and her husband obtained . 53 . both parcels in 1971. It was deeded to her alone, in 1976 . THE CHAIRMAN: These houses are rented? Or does she live in one of them? .MS. HAGEN: She lives in the smaller one and rents out the larger one. THE CHAIRMAN: Thank you, Ms. Hagen. Is there anyone else who would like to speak in favor of this application? (No response) Is there anyone who would like to speak against the application? (No response) Would any of the Board Members like to ask any questions? (Collective response: No) m Seeing no hands, -and no questions from W o the Board Members, I make a motion to close this W � 4 hearing and reserve decision until later. O O Z MR. DI-NIZIO: Second. W } THE CHAIRMAN: All in favor? m 0 MR. GRIGONIS: Aye 0 W MR. DOYEN: Aye IL MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: We have one more hearing that I recessed, a hearing from a prior meeting. 5 4 . I 'd like to run out for a second and grab a little more water. We' ll recess. So move. All in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye ( Recess of the Agenda for April 19 , 1990 ) (Last hearing on April 19 , 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript , same date. ) 55 . C E R T I F I C A T I O N I, Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. 3- 4-90 Date Myrt Kiefer, Grand Jury Reporter m W f R O 4 I n 0 0 n 0 i ri z z 0 a m o - u . 0 a u z W C . --._ �'rS.ti. ..�.i�1.�.V.i�'Y!91. .. .... ... ... ,j.p•-afS'.in,JY.M'::l` .t;YJl.'T Is0RICHARD F. LARK � D ATTORNEY AT LAW MAIN ROAD-P. 0. BOX 973 CUTCHOGUE, NEW YORK 11935 ' TELEPHONE 516 734-6807 May 9, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla - Appeal No. 3914 Dear Mr. Goehringer: I am in receipt of your letter dated May 7, 1990 which bears a stamp of "Gerard P. Goehringer" . I want you to know I take um- brage at the fact you did not have the courtesy to sign this let- ter . A stamp signature on correspondence is an insult to anyone who receives same and can only be characterized as "junk mail" . Even the President of the United States signs his correspondence to individuals so I cannot see how it is a burden for you to sign same. I question whether you even read that letter because in the last sentence of the second paragraph, you indicate when you re- ceive something from the Soil and Water Conservation "then and only then will the public hearing commence" . If this is so, could you please tell me what took place on the evening of April 19 , 1990 . If what I attended was not a public hearing, I would like to know what it was . Also you should note that you misspelled the appli- cants last name. Notwithstanding the above, you did not address the questions in my April 23 , 1990 letter . For example, you did not address the fact that the Board members did not inspect the property before the public hearing. Further, if members of the Board had seen the prop- erty they would have known as I represented to them the bluff on the property suffered from some erosion. However, the erosion is not as severe as you indicate in the May 7, 1990 letter, because on the easterly portions of the property the bluff is stabilized with vegetation. The westerly portions and the adjacent property form- erly of Domaleski , now owned by a Stephen Abbott, does have some erosion problems. If you had read your May 7 , 1990 letter, you will find in the second paragraph the reference to Soil and Water Conservation makes no sense. In one place you state Soil and Water Conservation were not contacted and in another place you state when normal variances are requested they are contacted for an evaluation. Yet in the third paragraph you state that the subject application is extremely unique . The point being is you failed to answer my Zoning Board of Appeals -2- May 9, 1990 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla question as to why you are now requiring an investigation by the Soil and Water Conservation Department. You state that you viewed the property on April 21, 1990 , if so, common sense dictates a house constructed on this lot should be located as far south of the bluff as possible, which is the whole point of Mrs. Halla's petition. The Soil and Water Conservation Department is not going to be able to inform you anything different than your naked eye will indicate. If you disagree, then inspect the location of the six houses to the east of the subject premises. Further, I don' t like to be critical because you and members of the Board are dedicated, and do a thankless job in an admirable fashion. But yet, I cannot understand all the stalling and bureauc- racy on what is a non-controversial straight forward application which is designed to protect the environment and a future homeowner. Your prompt attention to this matter will be sincerely appreciated. Very truly yours, Richard F. ark RFL:tt CRICHARD F. LARK �� ATTORNEY AT LAW D MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 Q NO TELEPHONE 516 734-6807 (� Z � A June 1, 1990 Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla (Appeal No. 3914 ) Dear Mr. Goehringer: Pursuant to your request at the hearing which was held on May 30 , 1990 , I am enclosing a copy of a survey of Roderick Van Tuyl, P-.C. , last dated Jan. 4, 1990 , showing the actual dimensions of the house as calculated by the builder, John R. Dempsey. Very tr y yours, RFL/bd J�chard F. eLaW Enclosure I COUNTY OF SUFFOLK D D PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER STANLEY A. PAUZER CONSERVATION DISTRICT DISTRICT MANAGER May 7, 1990 Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have visited the site of Eva Halla, Application Number. 3914 - (Variance) , as you requested. The site is heavily vegetated and access is nearly impossible. There is a clear run along the east border to the bluff top edge. The east half of the bluff face appears to be stable and is abundantly vegetated. On the west half the bluff face is bare and eroding with an extremely large glacial erratic (boulder) protruding from the top of the bluff, overhanging the face. There is also a vertical lip at the west half top of the bluff. Slopes on the parcel could not :be determined due to the excessive vegetation, however, it appears that surface runoff is the cause of the eroding west half of the bluff face. If a house is built on this parcel it could contribute more surface runoff and have a severe impact on the bluff face. The glacial erratic as it becomes under- mined will one day fall and take a. very large quantity of soil with it. If you have any further need of assistance, please feel free to contact us. Sincerely, P,a) 6_ I4 Paul A. TeNyenhuis District Technician PECONIC PLAZA 164 OLD COUNTRY ROAD. ROUTE 58 RIVERHEAD. NEW YORK 11901 (516) 727-2315 APPEALS BOARD MEMBERS ►�+ SCOTT L. HARRIS Gerard P. Goehrin er, Chairman Supervisor � Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 . May 7 , 1990 Richard Lark Esq. P.O. Box 973 Main Road Ctztchogue, NY 11935 RE: Appl. No. 3914 - EVA HALL (Variance) Dear Mr. Lark, I would like you to know that this letter and any subsequent Variance will be . made a permanent part of this file. On Saturday morning April 21, 1990 at 7 : 00 a.m. , I inspected the premises from the water side and viewed the severe erosion conditions that exist on this property and the surrounding properties in this subdivision. I explained to you at the Public Hearing, Soil and Water Conservation was not contacted before the Public Hearing of April 19, 1990, due to the fact that there is a Community Beach Association which owns the entire beach area. It is a policy of this Board where normal variances are requested that Soil and Water Conservation be contacted and an evaluation be made by them . As your applicant' s request is for a zero ( 0) lot line variance, we are at this particular time awaiting the review to be done by this Suffolk County Agency. When this is received and after the entire Board has revisited the premises, then and only then will the public hearing commence. This application is extremely unique, not only from the standards that are requested for a zero lot line variance, but, from the loss of property through normal erosion, which renders the building area to be severely restricted. I sincerely hope we will reconvene this hearing at everyone's earliest possible convenience. Very truly yours `• Gerard P. Goehrigner, . :� ' Chairman i RICHARD F. LARK • ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 AM2 7 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 April 23, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla .Appeal No. 3914 Dear Mr. Goehringer: Thank you for the courtesies extended at the public hearing in the above-captioned matter on April 19 , 1990 . I was appalled the board members had not seen the subject property since the application was filed on January 30 , 1990 . The contract vendee has been waiting a long time and is extremely upset the matter has been stalled pending an investigation of the bank by the Soil and Water Conservation Department. I believe this referral is misguided and I am unable to explain why the Soil and Water Conservation Department has any bearing on this variance application. Please keep in mind, as I indicated at the public hearing, that since Mr. Dempsey received from the Suffolk County Department of Health Services approval for the well and septic systems he was also told he could apply to the Building Department for and obtain a building permit pursuant to Section 100-244 of the Zoning Ordinance for a house to be erected 25 feet back from the top of the bank with a front yard of 35 feet. However, Mrs. Halla, Mr. Dempsey and the Birch Hills Property Owners Association believe it would be better to locate the house as close to the roadway as possible to allow for any possible future erosion of the bank plus clean up the street. Therefore, I do not understand why the Board of Appeals recessed the hearing for an assessment by the Soil and Water Conservation Department. . A O • Zoning Board of Appeals -2- April 23 , 1990 ATT: Gerard P. Goehringer, Chairman You should be aware the Zoning Board of Appeals previously granted a variance on May 20 , 1976 (Appeal No. 2134 ) to the neighboring property for a variance from the 35 foot requirement to a 25 foot requirement. I am enclosing a copy of the prior Board of Appeals application for your review. Very truly yours, RFL/bd Richard F. Lark Enclosure G 27� TOWN OF SOUTHOLD, NEW YORK DATE ....t:Jay....,2.0, 1976 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2134 Dated May 3, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Marcus & Joanna Bryan, Appellant 100 Tfedgewood Drive Corar*ii-, 1Tew York at a meeting of the Zoning Board of Appeals on May 20, 1976 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance i (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:35 P.M. (E.D.S.T.) upon application of Marcus and Joanna Bryan , 108 Wddgewood Drive, Coram, NOW York for a variance in accordance with the Zoning ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient setback. Location of property: Glen Court, Dirch Hills, Cutchogue, New York, Lot #3, Map of Birch Hills #4908. Fee paid $15.00. y. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. S13E REVERSE F ZONING BOARD OF APPEALS FORM ZB4 marjori© McDermott, Secretary o • c c- After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback, Loam 3, il!ap of Birch ifills, Cutchogue, New York. The applicant has a hardship due to erosion of the cliff. The Board agrees with the reasoning of the applicant. The Board :Finds that strict application of the ordinance would produce practical difficulties or un- necessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property or in the same use districts and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Marcus & Joanne Aryan, 108 Wedgewood Drive, Coram, New York be GMNTED permission to construct dwelling with insufficient setback on Lot 03, Clap of Birch Hills, Cutchogue, tjew York, as applied for, subject to the following conditions: 1. That the house sha?l be placed no closer *ha!: 35 feet to the easterly property line and no closer than 25 feet from Glen Court, a private road in this subdivision. 2. That a parking lot for two cars be constructed further north than presently indicated on the site plan and be reached by a short (10 foot) driveway. Vote of the Board: Ayes:-- Aessrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. � s � 1 ()S V L COUNTY OF SUFFOLK D a � .7 L PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KuNz DIRECTOR OF PLANNING April 16, 1990 Town of Southold Zoning Board of Appeals V Re: Appeal P s' 391 , 3919, 3921, 39 2, 3926, 39/7 & 9 0, Town of S ut old Gentlemen: Please be advised that pursuant to Sections,A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning S/sGerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY - .. HAUPPAUGE. LL,NEW YORK 11788 (516)360-5192 605—S-7519 V A R I A N C E S E A R C H STATE OF NEW YORK) SS COUNTY OF SUFFOLK) JEANNE ANSTETT, BEING DULY sworn deposes and says : That she resides at 386 Marcy Avenue, Riverhead, New York and is over the age of 21 years , and that she is the Office Manager of PECONIC ABSTRACT, INC. and that under her direction title was examined to the parcels of lands described on the annexed schedule, as to Parcels A, B,C AND D. That said examination made to include 02/20/90, and said town to disclose if subject premises is in fact single and separate ownership as appears from the Chains of Title annexed hereto and that the effective date of the applicable Zoning Ordinance is 01/01/65. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. PECONIC ABSTRACT, INC. B J ANNE ANSTETT OFFICE MANAGER S 0 TO BEFORE ME THIS 8 AY OF P IL 1990 NOTARY LIC _ ICHARD`SPANUti�^ 1 Notarp Public State of Newt YA No 52-3775950 Suflolk CPU rch 3D, lti CM Expires h3a 1. I. SUBJECT PREMISES 1000 — 083.00 — 01 .00 — 001 .000 Lot 1 Edmond R. Lupton and Liber 3335 cp 298 Mabel L. Lupton, his wife Dated 3/17/52 to Recorded 3/31/52 Frederick J. Molle and Altha S . Molle, his wife Altha S . Molle Liber 5968 cp 361 to Dated 5/25/66 Birch Properties Inc . Recorded 6/6/66 Birch Properties Inc. Liber 6708 cp 30 to Dated 2/13/70 Vaino Halla and Recorded 2/20/70 Eva Halla, his wife LAST DEED OF RECORD ADJACENT SOUTH BY GLEN COURT PECONI.0 ABSTRACT, INC. B ANNE ANSTETT OFFICE MANAGER SW T BEF0R M:E THIS 1 D 0 R LZ7.99O NOTARY P LIC _ ... HARD SPANBHRGIN Publkc State of Ntvi York 52-3775950 Suffolk County, Cerra Expires arch 10. 19 YI 1 ADJACENT NORTH 1000 — 083.00 — 01 .00 — 004.000 Park and Playground Edmond R. Lupton and Liber 3335 cp 298 Mabel L. Lupton, his wife Dated 3/17/52 to Recorded 3/31/52 Frederick J. Molle and Altha S. Molle, his wife Altha S . Molle Liber 5968 cp 361 to Dated 5/25/66 Birch Properties Inc. Recorded 6/6/66 Birch Properties Inc. Liber 6739 cp 405 to Dated 4/21/70 Birch Hills Property Owners Recorded 5/7/70 'Association, Inc. LAST DEED OF RECORD PECONIC ABSTRACT, INC. B ej��� J ANNE ANSTETT OFFICE MANAGER SWO TO BEFORE ME THIS 1 D 0 A I _, 1 90 NOTARY PU IC ARD SPANB1iKM i A1ist ublic Sate of New Yolk I No 3775950 Suffolk Coil, I ` Cm Expires March 30. 19 ADJACENT EAST 1000 — 083 .00 — 01 .00 — 002.000 LOT 2 Edmond R. Lupton and Liber 3335 cp 298 Mabel L. Lupton, his wife Dated 3/17/52 to Recorded 3/31/52 Frederick J. Molle and Altha S . Molle, his wife Altha S. Molle Liber 5968 cp 361 to Dated 5/25/66 Birch Properties Inc . Recorded 6/6/66 Birch Properties Inc . Liber 6654 cp 178 to Dated 10/27/69 Gregory Dawson Recorded 11/7/69 Gregory Dawson Liber 7233 cp 429 to Dated 8/30/72 Marcus R. Ryan Recorded 9/5/72 LAST DEED OF RECORD PECO ABSTRAC , INC. ANNE ANSTETT OFFICE MANAGER SWO T BE RE E THIS 1 D A IL, 1990 N 0 T A li_X. . RI A SPAi+ff3kGH Notary is State of Nevi York I f No 75950 Suffolk Court; Com Aires MarC11 30, 19 ' ADJACENT WEST 1000 — 083.00 — 01 .00 — 033 .000 DESCRIBED PREMISES William S . Lindsay and Liber 1633 cp 599 Katherine M. Lindsay Dated 2/12/32 to Recorded 2/15/32 Alex Domaleski and. Stella Domaleski Stella Domaleski died 1/10/60 Alex Domaleski died 10/4/71 leaving his only heir and executor of his will Henry I. Domaleski Henry I. Domaleski. Liber 10209 cp 528 to Dated 12/31/86 Stephen Abbott Recorded 1/6/87 LAST DEED OF RECORD PECONI ABSTRACT, INC . ANNE ANSTETT OFFICE MANAGER SW TO BE RE E THIS 1 Y A IL,� 1990 //NOTAR.j,.'!U�LIC _ti } No ��SPANOURGH :,TState of New York { 2-3775950 Suffolk Coullk. L com Expires Larch 30, l9 .� birch Wills Troperty Owners clssociaction. ,Inc. 6j3irch.Lane-.;, j?utchogue�, New )fork 11935 L January 29, 1990 3 'V Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Variance request of Eva Halla Dear Mr. Goehringer: I have read. the variance application of Eva Halla, sworn to on January 26, 1990 and on behalf of the Association this variance is in conformance to the wishes of the members of the property owners association. I respectfully request you approve Eva Halla' s request for this variance. BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. By JoKXne M. Bryan, Presid t APPEALS BOARD MEMBERS SCOTT L. HARRIS�� ��:'�'� � Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 1 Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800 April 20, 11990 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3914 - EVA HALLA (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a one family dwelling. Also attached is a portion of the County Tax Map showing the immediate area, and copies portion of the survey. The subject - premises is located along the north sideCounty Road 48, Greenport. May we ask your assessment of this project? The public hearing. is expected to be held on May 9, 1990. (If additional information or time is needed, please don't hesitate to let us know. ) Your time and efforts are greatly appreciated. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Doreen Ferwerda - ' FFOLI� oo`'� c�°yam► .c APPEALS BOARD MEMBERS nz+ SCOTT L. HARRIS • Supervisor, Gerard P. Goehringer, Chairman Q O� `+ Charles Grigonis, Jr.' �vl `�� Town Hall, 53095 Main Road/ Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki -Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 7654823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3914 Project/Applicants: EVA HALLA County Tax Map No. 1000- 83-1-1, Location of Project: 55 G1en .Court , Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Construct one family dwelling with approved setbacks from water or wetlands . 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. 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. tr !� i HEARINGS FOR APRIL 19 , 1990 - Legal Notices sent on or about to the following : Long Island Watchman Suffolk Times Clerk Bulletin Board Z . B.A. Bulletin Board Environment East , Inc. 3075 Indian Neck Lane Peconic , NY 11958 (for Gordon #3927 ) Richard Lark , Esq . PO Box 1033 , 7575 Cox Lane. Cutchogue , NY 11935 (for Halla #3914) Mr. Murray Jacobs 1180 Sage Blvd. Greenport , NY 11944 (for #3926 ) Karen Hagen , Esq . Wickham , Wickham & Bressler Main Road , PO Box 1424 Mattituck , NY 11952 (for Parkin #3925 ) Robert F. Kozakiewicz , Esq . 616 Roanoke Avenue , PO Box 779 Riverhead , NY 11901 (for Villani #3921 ) Robert Bohn PO Box 55 Peconic , NY 11958 (for Lios #3920 ) Ms . Tanya Lachenmer Land Use Co . 2576 Sound "Avenue Baiting Hollow , NY 11933 (for Collins #3919) Robert Turner 1525 Albo Drive Laurel , NY 11948 (#3922) Charles Cuddy , Esq . Box 1547 Riverhead , NY 11901 Mr. Samuel Salzman 42 Maxwell Road Garden City , NY 11530 o��SVF rt�t�(CvG Town Hall 53095 Main Road P.O. BOX 1179 1J/ 2u� 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: January 30, 1990 Transmitted herewith is Zoning Appeal No. 3914 application of Eva Halla 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. • ✓i 1.r°�0�1t!� Judith T. Terry RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O. BOX 973 ,' 1' I V E D CUTCHOGUE, NEW YORK 11935 /� .. �+� A A4 TELEPHONE 516 734-6807 v i99/a'/ FAX 516 734-5169 J/qN 3 p January 26 , 1990 Southold Torn Clerk Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 RE: Eva Halla. - Cutchogue, New York Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Notice of Disapproval from the Building Inspector dated January 25 , 1990 . 2 . Appeal from Decision of Building Inspector, in triplicate, signed by Eva Halla, sworn to on January 26 , 1990 . 3 . Short Environmental Assessment Form. 4 . Questionnaire. 5. Notice to Adjacent Property Owners with proof of mailing. 6 . Four (4) prints of Map of Property for Eva Halla by Roderick Van Tuyl , P.C. dated Sept. 1 , 1989 and last revised Jan. 4, 1990 . 7 . Check No. 754 of Eva Halla to the Southold Town Clerk in the amount of $150 .00 . If all is in order, would kindly place the matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call . Very t. uly yours , RFL/bd Richard F /I k Enclosures RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 March 12 , 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla (Appeal No. 3914 ) Dear Mr. Goehringer: In connection with the above-captioned matter, I am enclosing a copy of a survey of Roderick Van Tuyl , P.C. , last amended Jan. 4, 1990 , indicating approval of the well and septic by the Suffolk County Dept. of Health. Kindly include same in your file and advise me when you have scheduled a public hearing on this matter. Very t my yours , RFL/bd R'� hard F. k Enclosure Hearings for May 30 , 1990 - Legal Notices send May 22 , 1990 to the following: Long Island Watchman Suffolk Times Clerk Bulletin Board ZBA Bulletin Board Mr.. 'Robert. Bohn. Box 55 Peconic , NY 11958 (A. Lios ) Mr. Henry Raynor P.O. Drawer A Jamesport , Ny 11947 (Nicholas Aliano) Richard Lark , Esq . P .O. Box 973 Cutchogue , NY 11935 (Eva Halla) Ms . Pamela Valentine 249 West 29th St. , Apt. 12 New York , NY 10001 Scott Zambek , Esq . 801 Motor Parkway Hauppauge , NY 11788 (Jordan ' s Partners ) Dan C , Ross , Esq . Wickham , Wickham & Bressler P . O . Box 1424 Mattituck , NY 11952 (Robert and Ethelle Schroeder) I APPEALS BOARD MEMBERS ar ,}; n SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman fi Charles Grigonis, Jr. ". '•:t � 1 , Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 April 9 . 1990 Richard Lark, Esq. P.O. Box 1033 7575 Cox Lane Cutchogue, NY 11935 Re: Appl. No. 3914 - Eva Halla (Variance) Dear Mr. Lark: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on or about April 19, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Y,.gurs verj tr-ftl:y, GERARD P. GOEHRINGER CHAIRMAN GPG/df oc��FFOCB�,�� Southold Town Board of Appe a' 1s 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. Pursuant t'o 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 : OR-rl, e-1-1 (')(� /// SGCT�o✓ /od -o239.S�A XX Variance from the Zoning Code , Article//i/9�"., Sectionioo-3oA,3 A�TIG(G' )eX,"V� J5e?CTio1V /6d - ayre�l Variance from Determination of Southold Town Building Inspector , Special Exception , Article Section Special Permit Appeal No . : 3914 Applicant : Eva Halla Location of Affected Land : Glen Court , Cutchogue , NY County Tax Map Item No . : 1000-83-1 -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 on a non-conforming lot Copies of Town file and related documents enclosed for your review. Dated : April 10 , 1990 r NOTICE OF HEARINGS permitted lot coverage,and willtand on 100-30 A.3, Article NOTICE IS HEREBY have insufficient side yard set- , Section 100-244, Bulk 1 GIVEN, pursuant to Section backs. Property Location: 310Parking Area,. Article 1 267 of the Town Law and the Linda Road, Mattituck, Coun- I,Section 100-239A,build- Code of the Town of Southold, ty Tax Map No. 1000, Sectiontbacks from water or wet- the following hearings will be 106, Block_,1, Lot 14. ;.for permission to conheld by the SOUTHOLD `,a 7:SO p;m:"Appl: No..,3921= [ a one famil dwelling. 'DOWN BOARD OF APPEALS � EILEEN VILLANI..Variance torty LocationY 55 Glen at a Regular Meeting, at the the Zoning Ordinance, Articlet, Cutchogue,County Tax Southold Town Hall,. Main XXIII, Section 100-239 B, forNo. 1000, Section 083, Road,Southold,N.Y. 11971,on permission to construct deck ad- 01, Lot 01. THURSDAY,APRIL 19, 1990, dition to existing one familyp.m. Appl. No. 3922- at the following times: dwelling,proposed construction ROBERT AND- THERESA 7:30 p.m: Appl. No. 3926- will be within 75 ft.of water or TURNER.Variance to the Zon- MURRAY JACOBS. Variance wetlands, Property Location:'. ing Ordinance,Article III,Sec- to the Zoning Ordinance, Arti- Private Road 925 Wood Lane, tion 100-30 AA Bulk and Park-' cle III, Section 100-33; as'dis Peconiq County Tax.Map No.. . ing area,for permission to con-- approved for permission to con-, Y'1600,Section.086,.Block 06,Lot. struct an attached swimming struct an accessory shed in side 10, °:pool to house. Property Loca yard,accessory buildings may be 7:55 p.m. Appl. No: 3919-' tion: 1525 Albo Drive, Laurel; located in the required rear yard. THOMAS COLLINS.Variance County Tax Map No. 1000,Sec- Property Location: 1180 Sage to the Zoning Ordinance,Arti- tion 126, Block 03, Lot 17. '-- ..Boulevard, Greenport, County cle XXIII,Section 100-239 4.B,'. 8:15 p.m. Appl.'No. 3925- Tax Map No. 1000,Section 53, for permission to construct a ELSIE PARKIN. Variance.to Block 5, Lot 9. deck addition to a one family the Zoning Ordinance,Article 7:35 p.m. Appl. No. 3927- dwelling;proposed construction III A,Section 100-30 A.3,Bulk MARK AND ELLIE GOR- will be less than 75 ft. from the and Parking Regulations in this DON. Variance to the Zoning bulkhead. Property Location: Division of Land. Property Ordinance, Article III, Section 305 Dawn Drive, East Marion, Location: 7575 Skunk,Lane; 100-33,as disapproved,for per- County Tax Map No. 1000,Sec- Cutchogue, County Tax Map mission to construct an acces- tion 35, Block 5, Lot 20. No. 1000,Section 104,Block 04, sory building to tennis court 8:00 p.m. Appl. No. 3930- Lot 27, located in front yard,accessories JOHN C. PERRONE. Special 8:20 p.m. Appl: No. 3908- permitted in the rear yard area Exception to the Zoning Ordi- ROBERT OCHENREITER only.Property Location:Private nance, Article X; Section 'AND EDWARD LENCESKI. Road 0,Fords Road,Southold, 100-10113,-for permission to oc- Variance for reversal of a build- County Tax Map No. 1000,Sec cupy and use as a billiard par- ing permit to construct a one tion 087, Block 01, Lot 18.4. `lor for commercial recreation. family dwelling.Property Luca= 7:40 p.m. Appl. No. 3928- Property Location:Main Road, tion: 565 Bayer Road, Matti- SAMUEL AND RACHEL State Road 25, Mattituck, . tuck, County Tax Map No: SALZMAN. Variance to the County Tax Map No. 1000,Sec l'" 1000,Section 139,Block•3,Lot Zoning Ordinance,Article III A, tion 122, Block 6, Lot 31. 14. Section 100-30 A.3, as disap- 8:05 p.m. Appl. No. 3914- The Board of Appeals will at proved, for permission to con- EVA HALLA. Variance to the said time and place hear any and struct addition to an existing Zoning Ordinance,Article III A, all persons or representatives de- dwelling,proposed construction siring to be heard in each of the will have insufficient front yard above matters. Written f the setbacks.Property Location:65 above may also be submitted Old Salt Road and 400 Rochelle mentsprior to the conclusion submitted the Place, Mattituck, County Tax subject hearing. Each hearing 20 . Map No. 10 , Section 144, will not start before time allot- Block 5, Lot 2. .t.ed. Additional time for your. 7:45 p.m. Appl. No. 3920- presentation will be available,if A. LIOS. Variance to the Zon- needed.For more information,. ing Ordinance, Article XXIV, please ca11765-1809. Section 100-244,as disapproved, Dated: April 9, 1990 for permission to construct a BY ORDER OF deck addition to existing pool, THE SOUBYOLD TOWN 1 proposed construction exceeds BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN' '!! - By Doreen Ferwerda . 1X, 4/12/90(80) 4: NOTICE OF HEARINGS 1 NOTICE IS HEREBY GIVEN,pur- proved,lfor permission to construct 1000, Section 083, Block 01, Lot suant to Section 267 of the Town an accessory building to tennis 01. Law and the Code of the Town of court located in front yard, acces- 8:10 p.m. Appl. No. 3922 - Southold, the following hearings sories permitted in the rear yard ROBERT AND III ERESA TUIU4 M3 will be held by the SOUTHOLD area only. Property Location: Variance to the Zoning Ordinance, TOWN BOARD OF APPEALS at a Private Road 07, Fords Road, Article III, Section 100-30 A.4, Regular Meeting, at the Southold Southold, County Tax Map No. Bulk and Parking area,for permis- Town hall, Main Road, Southold, 1000, Section 087, Block 01, Lot sion to construct an attached NY 11971,on THURSDAY,APRIL 18.4. swimming pool to house. Property 19, 1990, at the following times: 7:40 p.m. Appl. No. 3928 - Location: 1525 Albo Drive,Laurel, 7:30 p.m. Appl. No., 3926 - SAMUEL AND RACHEL SALZ- County Tax Map No. 1000.Section MURRAY JACOBS.Variance to the MAN.Variance to the Zoning Ordi- 126, Block 03, Lot 17. Zoning Ordinance,Articic III,Sec- nancc, Article III A.Section 100- 8:15 p.m. Appl. No. 3925 - Lion 100-33, as disapproved for i 30 A.3, as disapproved, for ELSIE PARKIN. Variance to the permission to construct an acccs- permission to construct addition to Zoning Ordinance, Article III A, sory shed in side yard, accessory an existing dwelling, proposed Section 100-30 A.3,Bulk and Park- buildings may be located in the rc- construction will have insufficient ing Regulations,in this Division of quircd rear yard.Property Location. front yard setbacks. Property Land. Property Location 7575 1180 Sage Boulevard, Grccnport, Location:65 Old Salt Road and 400 Skunk .Lane, Cutchogue, County County Tax Map No. 1000,Section Rochelle Place, Mattituck, County Tax Map No. 1000,-Section 104, 53,Block 5, Lot 9, Tax Map No. 1000, Section 144, . Block 04, Lot 27, 7:35 p.m. Appl. No. 3927 - Block 5,Lot 22. 8:20 p.m. Appl. No. 3908 - MARK AND ELLIE GORDON.Vari- 7:45 p.m.Appl.No. 3920-A. ROBERT OCHSENREITER AND ancc to the Zoning Ordinance,Arti- LIDS.Variance to the Zoning Ordi- EDWARD LENCESKI.Variance for Cie.Ill. Section 100-33, as disap- nancc,Articic XXIV,Section 100- reversal of a building permit to 244, as disapproved, for permis- construct a one family dwelling. Men to'Construct a deck addition to Property Location 565 Bayer Road, existing pool, proposed construe- Mattituck, County Tax Map No. tion exceeds permitted lot cover- 1000, Section 139, Block 3, Lot age,and will have insufficient side 14. yard setbacks. Property Location: The Board of Appeals will at said 310 Linda Road,Mattituck,County time and place hear any and all per- Tax map No. 1000, Section 106, sons or representatives desiring to Block 1,Lot 14. be heard in each of the above mat- 7:50 p.m. Appl. No. 3921 - tcrs. Written comments may also EILEEN VILLANI.Variance to the be submitted prior to the Zoning Ordinance, Article XXIII, conclusion of the subject hearing. Section 100-239 B, for permission Each hearing will not start before to construct deck addition to exist- time allotted. Additional time for ing one family dwelling, proposed your presentation will be available, construction will be within 75 ft. if needed. For more information, of water or wetlands. Property please call 765-1809. Location: Private Road 925 Wood Dated April 9, 1990 Lane, Pcconic, County Tax Map BY ORDER OF No. 1000, Section 086, Block 06. TIIESOUTHOLDTOWN Lot 10. BOARD OF APPEALS 7:55 p.m. Appl. No. 3919 - GERARD P.GOEIIRINGER THOMAS COLLINS. Variance to C 4AIIZM1N the Zoning Ordinance, Article By Doreen Ferwcrda XXIII,.Scction 100-239 4.13, for 6644-ITA12 permission to construct a deck addition to a one family dwelling, proposed Construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drivc, East Marion, County Tax Map No. 1000, Section 35, Block 5,Lot 20. 8:00 p.m. Appl. No. 3930 - _ JOl IN C.PERRONE.Special Excep- tion to the Zoning Ordinance,Ar- ticle X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recre- ation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000,Section 122,Block 6, Lot 31. 8:05 p.m. Appl. No. 3914 - EVA IIALLA.Variance to the Zen- ing Ordinance, Article III A, Sec- tion 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100- 239.4, building setbacks from wa- ter or,wetlands, for permission to constrict a one family dwelling. Property Location: 55 Glen Court, Cutchoguc, County Tax Map No. ,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. APPLICANT/SPONSOR 2. PROJECT NAME Eva Halla Eva Halla 3. PROJECT LOCATION: Municipality Town of Southold county of Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) North side of Glen Court, west of Birch Lane, Cutchogue, New York. Suffolk County Tax Map No. District 1000 , Section 083 . 00 , Block 01. 00 , Lot 001. 000 5. IS PROPOSED ACTION: 91 New ❑Expansion ❑Mod iflcation/alteration 6. DESCRIBE PROJECT BRIEFLY: Application to construct dwelling on non-conforming lot. 7. AMOUNT OF LAND AFFECTED: Initially 20,293 sq.ft. xMX Ultimately 20,293 sq.ft. 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? El Yes ®No If No,describe briefly A variance from the Southold Town Zoning Board of Appeals is required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT 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 Suffolk County Health Department 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 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 Applicant/sponsor name:: Evya) �}Hallla Date: 1 90 Signature: r11 01i 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 requires submission of this form, and an environmental review will be made by this board 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. (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 X NO 2. Will there be a major change to any unique or unusual land form on the site? 1. Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X No 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 X 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 environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes X No 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 X No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes X No Preparer's Signature: 5-0� o_ Cx��—G'��. Eva Hall Representing: Date: 1/.16 /9 0 ZBA 9/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED TUTH YOUR APPLICATION FORMS' TO' THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any 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? )yJaMK 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. ) MexK No b) Are there any areas open to a waterway without bulkhead? NMM� No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Xmw No 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? des. 5. If project is proposed for an accessory building or structure, i� . total height at more than 18 feet above average ground level? State total: ft. )YmxK 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. Woc NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ffieizv, No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Xiezc 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 Moo No Town Board >Me�Ex No Town Trustees Rea No County Health Department Suffolk Yes ARx Village of Greenport Yea No N.Y.S.D.E.C. . . . . . . . . . . . . . M No Other WNx No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from-' contract) Yes 39,,Qx 11. Is new construction proposed in the area of contours at 5 feet or less as ' exists? Xiez 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? Y69 No 13. Please list present use or operations conducted upon the subject property at this time vacant land and proposed one-family dwelling Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. 6,v G, ClLo,, Signature (Property Owner) Eva Halla 1/88 9 L WETLANDS [Amended 5-26-76 by L.L. No. 2-1976; 3-26- ' 85 by L.L. No.6-19851: 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 waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and 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. FRESIfWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, A --i 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." ' ( 9705 2.25•H5 Form 8041" Contract of Sale WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING PT. 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. Date: CONTRACT OF SALE made as of the day of At,I U S+ , 19$9 BETWEEN EVA HALLA, as surviving tenant by the entirety of Vaino Parties: Halla, who died on April 27, 1993, a resident of Nassau County, New York (Surrogate' s Court File No. 2256-83) Address: 5 Randy Lane, Plainview, New York hereinafter called "SELLER", who agrees to sell, and JOHN R. DEMPSEY Address: Main Road, P. 0. Box 5, Cutchogue, New York hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a Premises: separate page marked "Schedule A") and also known as: Street Address. Glen Court, Cutchogud, New York Tax Map Designation: District 1000, Section 083. 00 , Block 01.00, Lot 001. 000 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Personal Property: PREMISES, unless specifically excluded below. SELLER states that they are paid for an LER free and clear of any lien other than the EXISTING MORTGAGE(S). The u are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and nets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows s, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor oo sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, aei.*,,-- or-A, 46-R-s' Sir. eenditioning equipment -and ifl-staliffiltiens, and wall is wall earpeimig. (VACANT LAND) Purchase 1. a. The purchase price is $ 250 ,000 .00 Price: payable as follows: On the signing of this contract, by check subject to collection: $ 1,000.00 to be Yield in escrow by seller's attorney until closing of title 1��c�aSrr�xl���dg�xoac�xstil�n�id��E�IS�i�Y�xl ��ll $ By a Purchase Money Note and Mortgage from.PURCHASER (or assigns) to SELLER: $ 186 ,500. 00 (See paragraph 27 for terms and conditions) BALANCE AT CLOSING: $ 62 ,500.00 b. If!his sale is sttbjeet to an EXISTING A40WGAGF,,the ptlreh"e Almr, ''=A' iR good fait The Purchase Money Note and Mortgage shall be drawn on the TICOR TITLE GUARANTEE COMPANY standard form by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fees in the amount of$ 2 5 0. 0 0 for its preparation. reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount show grap 2, then the balance of the price payable at CLOSING will be adjusted. SELLER a r amount shown in Paragraph 2 is reasonably correct a���n dhtts required b G MORTGAGE will be made. d. If there is a m t at is maintained for the purpose of paying taxes or insurance, etc., SELLER shall it can be assigned. In that event PURCHASER shall pay the amount in Existing � veyed Subject the „ ?l_Sortgage(s): Mortgage now in the unpaiu principal amount of $ _nd interest at th o per cent per year,presently payable in ins s of $ . which include principal, interest, and with any balance of principal being due and payable on SELLER hereby s at no EXISTING MORTGAGE contains any provision that permits the holder of the mort •a equire its immediate payment in full or to change any other term thereof by reason of the fact of Acceptable 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 and 00/100----------- ($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 sul)ject 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. d. Any state of facts an accurate survey may show provided same does not render title unmarketable. e. Covenants and Restrictions dated November 11, 1979 and recorded in the Suffolk County Clerk's Office on May 28, 1980 in Liber 8830. Page 07, a copy of which is attached hereto as Schedule B. a roved title oo. doin Title Company 5. SELLER shall give and PURCHASER shall accept such title as Approval: business in Suffolk Co. and will be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department, 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 Defined and contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Form of Deed: bargain & sale with covenant against grantor's acts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by 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 requirements 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 Richard F. Lark Esq.' Main• Road Cutehogue, Date and Place: eKw York, o�n�about 30 days from the date of tfie building permit. Broker: 8. PURCHASER hereby states that PURCHASER has'not dealt with any broker in connection with this sale other than BOOKMILLER REAL ESTATE, INC. , Jamesport, 'New York and SELLER;agrees to pay the broker the commission`earned 'thereby (pursuant,toseparate agreement). Streets and 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or Assignment highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes Of any right' of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to Unpaid the PREMISES b reason of change of grade of an street or highway. SELLER will deliver at no additional cost Awards: Y g g Y g Y• to PURCHASER, at;CLOSING, or;thereafter, on demand, any documents which PURCHASER may require to collect the award and damages: ;, .. , !, ,• , •,;:u� ti,r,.. ,, 1(!, '{� :r:r:_' ;;,, 4,•,; l,. Mortgagee's Certificate before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for , certifying the or Letter as amount of the unpaid principal and interest date of maturit an�rat LLER shall pay the fees for to Existing p p p Y, Mortgage(s): recording such certificate. If the holder of a mort an er institution as defined in Section 274-a, Real Property Law, it may, instea r i cate, furnish an ued letter dated not more than thirty (30) days before CL aining the same information. SELLER hereby states that any EXISTING MORTGAGE Compliance 11. a. SELLER will comply with all notes or notices of violations of law or municipal, ordinances, orders or with State requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, and Municipal Are, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred Department Violations free of them at CLOSING CLOSING. SELLER shall furnish PURCHASER with and Orders: any authorizations necessary to make the searches'that could disclose these matters. , Omit if the OR I.- Administrative Gode 6i tile Gity, of Property is Not New Yer-li prior. to CLOSING -Aj P-3cable in money rhall be dischar-goj by SELI RR CLOSING Thm, pr-ovision In the City o/ New York: s i Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessments: annual 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. SCHEDULE A (Description of Premises) � All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 0 lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as .Lot No. 1 on a certain map entitled "Map of Birch Bills" and filed in the Office of the Clerk of the County of Suffolk .on July 19, 1967 as Map No. 4908. i t� I i . i �k�� ¢� ^•,n+�+ a 1 �.qm$ ynil hniico nimhP..r Rl gn ang QPQ RIDER TO CONTRACT OF SALE BETWEEN EVA HAL.LA, SELLER AND JbHN R. > DEMPSEY, PURCHASER DATED )1vyW f P3,198q 26; This contract is subject to and conditioned upon the purchasei`7k'dC6kving •a. building, permit from the Building Department of, .the Town bf 'Southold on or .before' the '. closing' of- title. The building;permit 'Application will be obtained- at�'the sole cost and expense of the' 'seller!., However,,, .the. purchaser' Will! provide building 'plaris', `including. elevations, for_ which' a Building permit is sought. t't;aP 27 . The purchase money mortgage in the amount of $186 ,500 .00 being given by the seller herein shall be due five (5) years from the date of closing, with interest thereon to be computed from the date of closing at ,rate of ten (10% ) percent per annum and shall be paid in guartetly payments 'commencing 3 months. : from the date of closing and .quarterlythereafter, notwithstanding any default hereunder, except that the final payment of the entire indebted- ness, if not sooner paid, shall be due and payable five (5) years from the date of closing. The purchase money bond shall contain the privilege of prepayment by the purchaser at any time in whole or in part without penalty after January 1, 1990 . The purchaser will pay a "late charge" of two (2% ) percent of any monthly payment when paid more than fifteen (15 ) days after the due date thereof . The mortgagee, or any subsequent holder of this mortgage, will at any time on demand of the mortgagor or the then owner of the premises, subordinate this purchase money mortgage to a building loan mortgage up to $:200',000 .00 given by any regulated lending institution for construction of improvements on the property. 28 . The purchase money mortgage hereinabove referred to shall contain the following provisions, among others, provided for on the standard form of the New York Board of Title Underwriters for mortgages of like lien: (a) That the whole of said principal and interest shall become due and payable in the event the premises are sold or transferred by the mortgagor to a third party. (b) The unpaid principal sum secured by this mortgage shall bear interest at the rate of ten (10% ) percent per annum, until the entire principal sum hereof has been fully paid, not- withstanding any default hereunder, or condemnation of the mortgaged premises. (c) In the event of a default under this mortgage; and if the mortgaged premises shall be abandoned or vacated by the mortgagor, or any successors in title, the mortgagee shall be entitled to take possession- of the premises and to take whatever steps necessary to protect and conserve the mortgagee' s security. (d) That the holder of this mortgage, in any action to foreclose same, shall be entitled to reasonable attorney.' s fees to be fixed by the Court. (e) When the full mortgage indebtedness and interest shall have been paid, the holder of the mortgage will execute and deliver to the owner of the premises a satisfaction of the mortgage in proper form for recording, prepared by the attorney for the mortgagee at the expense of the mortgagor or then owner of the premises at a cost of $50 .00 . Ua. Eva Halla John R. Dem J m AGREEMENT AMENDING DECLARATION ut OF CO ENl`.:7TS A14D RESTRICTIONS November 11, 1979 Vie , the undersigned being owners of real property at Cutchogue , Town of Southold, Suffolk County, New York, bounded..and described i r-, as follows : 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 and by lot I number 1 to 16, inclusive , on a certain map entitled "Map I of Birch Hills at Cutchogue , Town of Southold, Suffolk County, New York" , . and filed in the office of the Clerk of the .Count' y .of . Suffolk on July 19 , 1967 as Map No. 4908. The premises are referred to on the Suffolk County Tax Q Map as District 1000 , Section 083, Block 1, Lots 1, 2 , 3 tip 4 , 5 , 20 , 21, 22 , . 23, 24 , 25 , 26, 27 , 28, 29 , 30, 31. hereinafter referred to as the "Map of Birch Hills" for the purpose ' of maintaining fair and adequate property values of the property <) f depicted on the "Map of Birch Hills" and of continuing the "Map p f Birch Hills" as .a desirable residential part of Cutchogue , Town of Southold, Suffolk County , New York, in consideration of our mutual interest as owners of real property on said "Niap of Birch Hills" hereby covenant and agree with one another that each of us , rJ� his -heirs ,--executors ;- administrators or assigns, will be bound by O ! the following covenants and restrictions : , i 0� 1. No lot shall be improved by or have placed or maintained thereon any structure other than . a single i0 family dwelling with a detached private garage or an accessory/storage building. A two story dwelling O shall contain finished habitable living space of not m less than 1600 square feet above grade , and a one. •11 story dwelling shallr:contain finished habitable living � Vp space of not less than 1300 square feet above grade. " No structure shall' be erected on any lot until the �• � building plans as to location on the lot, the outward Q: appearance , elevations, • and design have been approved in writing by the 'Birch Hills Property Owne.rs .Associa- O tion , Inc. '. .Q. 2. No asbestos siding shall be used in the construe- ; ` tion of any dwelling on' any .lot. 3. There shall not be placed or maintained on any . r lot, except with the approval of the Birch Hills Pro- perty Owners Association, Inc. , (a) any wall, (b) any fence other than a split-rail fence , (c) any sign other than an ornamental name and house number sign and one professional sign measuring not 'more than one square foot. 4 . No -lot' . shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers. -1- SCHEDULE 13 RRR�� 08 r . 5. No noxious or offensive activity shall be carried on or upon any lot which may become an annoyance or nuisance to the neighborhood. 6 . No well or other individual water supply 1 system or any individual sewage disposal system shall be permitted on any lot unless approved. as to design, location and construction by the Suffolk County Department of Health or such other State, County, Town or Village authority having jurisdiction over public health. 7. All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress , in common with others, at their own risk, over the roads shown*<,on •;5.aid map. All owners of lots are hereby ' granted the right -to .use (pursuant to reasonable regula- tions from time to time promulgated by the Birch Hills Property Owners Association) , in common with others, at their own risk, the park and playground areas shown on said map. I 8. The Birch Hills Property Owners Association , Inc. owns a fee title to the bed of the streets and the park and playground all as shown on the "Map of Birch Hills" by virtue of a deed dated April 21, 1970 and recorded in the Suffolk County Clerk' s Office on May 7, 1970, in Liber 6739, �page 405. The Birch Hills Property Owners Associa- tion , Inc. , its successors and assigns, shall be responsible for the upkeep and maintenance of the park, playground area, and roads , including snowplowing. Each lot on the- filed map shall be subject to an annual charge in an amount to be fixed by a majority of owners of the lots at an annual meeting of the Birch -Hills Property Owners Association , Inc. , not exceeding in any one calendar year the sum of $100: 00 - per--lot. Special assessments may be levied on any improved lot by a two-thirds (2/3) vote of the lot owners in order I to defer the cost of any extraordinary repairs for the up- keep or maintenance of the roads , park and playground. 9. An easement along the roads on said map and over any other area necessary is hereby expressly reserved for the - erection and maintenance of poles and wires and conduits and of all proper and necessary, attachments for electric power and telephone service and for the construction and maintenance of any utility easements; provided, however, that said easements shall be over areas designated by muni- cipal or public utility authorities. 10. Enforcement of these covenants shall be by proceeding . at law or in equity. ` .Invalidation of any provision herein shall have no effect upon any other provision herein. 11. These covenants and restrictions 'shall run with the land hereby and shall bind and inure to the benefit of said i parties hereto, their heirs, administrators, and assigns , to October 30 , 2005 , after which time they shall be auto- matically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restric- tions in whole or in part shall have been recorded. i 12. The Declaration of Covenants and Restrictions dated July 26 , 1967 and recorded in the Suffolk County Clerk' s Office on- July 31, 1967 in Liber 6.194 page 197 , the Amend- ment to Declaration of Covenants a-nd Restrictions dated -2-• i bur j September 7, 1967 and recorded in the Suffolk County Clerk's Office on December � 20 , 1967 in Liber 6276 , L�age 56 , and the Amendment to Declaration of Covenants and Restrictions dated January 13, 1969 and recorded in the Suffolk County Clerk' s Office on January 21, 1969 in Liber 6493, page 27, are hereby amended and superseded. Any deed, lease, conveyance, or contract :Wade in violation of . this agreement shall be void and may be set aside on petition of one or more of the parties hereto, and all successors in interest, heirs , executors ,. administrators, or assigns, shall be deerned par- ties with the same effect as the original signers ; and when such conveyance or other - instrument is set- aside by decree of a court of competent jurisdiction, all costs and all expenses of such pro- ceedings shall be taxed against the offending party or parties , an shall be declared by the court to constitute a lien against the real estate so wrongfully deeded, sold, leased, or conveyed, until paid, and such lien maybe enforced in such manner as the court may order. This agreement constitutes a mutual covenant running with 'the land and all successive future -owners shall have the same right to invoke- .arid enforce its provisions as the original signers hereof. This agreement shall take effect and be in full force when executed by twelve of the lot owners on the "flap of Birch Hills" and may be placed on the record. Any other lots on the "flap of Birch Hills" may be brought under this agreement subsequently by the execution of a suitable instrument by the owners of such lots which shall bring them under all obligations and entitle them to all the privileges of the original signers hereof. IN WITNESS WHEREOF, the parties have exeCu�t hms ag eeme t. _ Birch Mills Property Owners Association, lnc.Park, Playgrounds Birch Lane and Roads C� :Cutchogue, NY 11935 r sident Leonard Jensen Lot No. 12 Sondre Haugsten 2 B 1600 Fredrikstad Norway -3-- a''r 13. The following are to be )rtioned as of midnight of the day before rr_nSING: lrta � txxck �ssxafxasx�e��aagxgri�acxx ( faxes, on the basis of.the:ftwxLJXDioA for which assessed. (�L)Kl��xlKi�¢x:�X�l�xh�Oc���$��• lsq year, (�2/1-11/30) If CLOSING s a occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Dater Meter 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) Readings: days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned'on the basis of such last reading. Allowance 15. SELLER has the option to credit PURCHASER as an adjustment. of.the purchase price with the amount of for Unpaid any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a Taxes,Etc.: date not less than five(5) business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. Use o/ 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, Purchase SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may Price to deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; Pay but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its Encumbrances: y enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees toprovide separate certified checks as requested to assist in clearing up these matters.'--, Affidavit as 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the to judgments, same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing Bankruptcies that they are not against SELLER. Etc.: Deed Transler 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Recording recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return Taxes:. and to cause the check(s) 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 Lien: PREMISES 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, S ' tk's sole liability Inability to shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, Convey (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey Limitation01 inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER Liability: nor PURCHASER shall have any further rights against the other. Condition 21. o/ and is thoroughly acquainted with their condition.. PURCHASER iem as is" and in their Property: present condition subject to reas , ear, an natural deterioration between now and CLOSING. IRI Tit (VACANT LAND) Entire 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. Agreement: It completely 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. Changes 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind Must be in the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties Writing: hereby authorize their attorneys to agree in,,writing to any changes in dates and time periods provided for in this contract..' Tit Singular 24. Any singular word or term herein shall also be read as in the plural whenever the sense of tliis,contract,may Also Means ;. ;' ;,�„•;, ,,, , . Plural: require it. 25. The parties shall comply with Section 1445 (b) of the Internal Revenue Code of 1954 (Foreign Investment ' in Real -Property Tax Act of 1980 as amended by the Tax Reform Act of 1984) , and the Real Estate Reporting Requirements of ' the 1986 Tax Reform Act. (See attached rider for additional clauses) In Presence Of: 6'Ve Eva Halla # �Y J n R. Dempsey Soc. ec. OVER J STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me On the day.of 19 , before me personally came personally,came to me known to be the individual described in and who to me known to be the individual described'in and'who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before' me On the day of 19 before me personally came personally came , to me known, who, being by me duly sworn, did depose and to me known and known to me to be a partner in say that he resides at No. a partnership, and known to me to be the person described in that he is the and who executed the foregoing instrument in the partnership of name, and said duly the corporation described acknowledged that he executed the foregoing instrument for in and which executed the foregoing instrument; that he and on behalf of said partnership. knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and '`.that he signed h name thereto by like order. ' Closing of title under the within contract is hereby adjourned,to 19 at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 ..........................................................................:....................... Purchaser .. Assignee of Purchaser 1 !fi TontXMrt I1t 2Mdr ,PREMISES TITLE.No. SECTION BLOCK LOT TO COUNTY OR TOWN STREET ADDRESS TAX H11J,1Mu A111►11void Diuribuird by TICOR TITLE GUARANTEE (.:, xxXx �O T Southold Town Board of Appe als 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. r 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 Proposed house to be built, lot #1 , Birch Hills . Glen Court , CutchoEue, New York l s 4aF� 4 . � , ., ,Y. 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'1.'_ .. birch Wills Troperty Owners clssociation,Inc. 13irch Lane, Cutchogue>, New York 11935 �-� CONSENT Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Gentlemen: At a meeting of the Birch Hills Property Owners Association, Inc. on October 29 , 1999 , the members of the Association were made aware of the difficulties encountered by Eva Halla, the owner of Lot No. 1, in having her purchaser, John R. Dempsey, obtain a building permit to construct a house on this lot, due to the current require- ments of the Southold Town Zoning Code. After a full discussion of the matter the membership approved the plans and specifications for this house to be constructed on Lot No. 1 by Mr. Dempsey. In addition the membership approved of locating the house adjacent to Glen Court to allow the house to be built as far away from the top of the bank as possible on the westerly side of this property. The membership of the Association also decided to grant to Eva Halla a driveway and landscape easement for one-half of Glen Court adjacent to her property for the purpose of facilitating a safe entrance for vehicles to this property and to approve the appearance of the area. The owner of Lot No. 11 will also be granted an easement for the other half of Glen Court for purposes of landscaping and beautifying the area. BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. By Cc�ri1-t.2Z� G J ne M. Bryan, PregiAent Sworn to before me this 25th day of January, 1990 . Notary Public ARA DIACHUN NOTARY PUBLIC,State of New York( No.4635190,Suffolk County �r X�� TT Commission Expires October 30,1990` , BIT 3 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of EVA HALLA NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Marcus R. Bryan PROPERTY OWNER Birch Hills Property Owners Association, Inc. Stephen Abbott YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance l i €> i ixl 1 €) (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: 20 , 293 sq. ft. parcel of land on Glen Court, Cutchogue, New York. 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 Residential Low-Density District 4. That by such Petition, the undersigned will request the following relief: a front and rear yard variance to construct dwelling on non-conforming lot. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section_ 100-30A..3. ,_ _._Article:.XXIII Section100-239.4A. (1) and P.(rtc e XXIV Section 0-24 [ ] Section 280-A, New York Town Law for approva o access over r1gh Vs)-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) 7E;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: January 26, 19.90 Petitioner Owners ' Names : Eva Halla _ Post Office Address 5 Randy Lane Plainview, New York 11803 Tel . No . ( 516 ) 938-1988 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] ROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Marcus R. Bryan RR2 255 Glen Court, Cutchogue, NY 11935 Birch Hills Property Owners c/o P. Finger, 405 Birch Lane, RR2, Association, . :ncF' Cutchogue, NY 11935 Stephen Abbott 3375 Deep Hole Drive, . Mattituck, NY 11,952 (SEE ATTACHED CERTIFIED MAIL RECEIPTS) STATE OF NEW YORK, ) ss.: COUNTY OFSUF:FOLK) BARBARA DIACHUN : residing at 875 School House 'Road Cutchogue, New .York , being duly sworn, deposes and says that on the,2 6th day of. January , 19 90 , deponentmailed a true copy,of.t.he 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- face at Cutchogue, New York ; that said Notices were mailed to each of said persons by (certified) (regkmxe*mail.. Barbara Diachun Sworn'to before me this 26th day of January , 19 90 r i otary Public MARY LOU DOROSKI Notary.Public,State of Now York W.10MIK8-Suffolk Couely Coaiml~,.bn Exrhas Vx.30,1691 (This side does not have to be completed on form transmitted to adjoining property owners . )