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HomeMy WebLinkAbout3974 r. APPEALS BOARD MEMBERS 4 rn SCOTT L. HARRIS Gerard P. Goehrin er, Chairman �' [` Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. of kyt Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 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 Appl. No. 3974: ACTION OF THE BOARD OF APPEALS Upon Application of DONALD L. OSANI (Owner: GEORGE BRUDERMANN, JR. ) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of property: North Side of Bayview Road and the West Side of Reydon Drive, Sothold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. WHEREAS, a public hearing was held on November 1, 1990 , and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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 in the "Low-Density Residential R-40" Zone District and is referred to as District Page 2 - Appl. No. 3974 Matter of DONALD OSANI (BRUDERMANN) Decision Rendered November 15, 1990 1000, Section 079, Block 05, Lots 010 and 011 on the Suffolk County Tax Maps, with frontage along the westerly side of Reydon Drive, Southold and frontage along the north side of North Bayview Road. 2. The subject premises as exists: (a) contains a total combined lot area of 68,604 sq. ft; (b) was conveyed by separate deeds to George Brudermann, Jr. as follows: ( 1) County Tax Map Lot No. 10 was conveyed on May 4, 1959 by deed at Liber 4623 cp 325 from Dorothy W. Brudermann and Joseph A. Brudermann; ( 2) County Tax Map Lot No. 11 was conveyed on July 12, 1978 by deed at Liber 8462 cp 298 from George H. Brudermann; (c) the minimum lot area requirement in effect during the 1978 conveyance and merger due to common ownership was 40,000 sq. ft. per lot, and which increased in 1983 to require a minimum lot area of 80,000 sq. ft. per lot; . 3 . Article IIIA, Section 100-30A. 3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area per lot of 40,000 square feet. 4. The relief sought by this application is a variance for approval of: (a) proposed southerly {vacant} lot referred to herein as Lot #1 with a lot area of 33 ,607 sq. ft. and lot width of 219. 85 feet along Bayview Road; (b) proposed northerly {vacant) lot referred to herein as Lot #2 with a lot area of 34,997 sq. ft. and lot width of 150 feet. 5. For the record, it is noted that the area of the lots as proposed are not out of character with those existing in the immediate and general neighborhood. These lots meet at least 800 of the zoning requirements. 6. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - Appl. No. 3974 Matter of DONALD OSANI (BRUDERMANN) Decision Rendered November 15, 1990 i grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since adjoining properties have not been held in single and separate ownership at any time since the enactment of zoning in 1957 {except as an entire tract of 65,000+- square feet) ; (d) that on May 1, 1986, two lots immediately north of the subject premises were subdivided from 2. 5 acres into two 1. 2 +- acre lots, which may not be further divided; (e) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; ( f) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in the Matter of the Application of DONALD OSANI under Appl. No. 3974, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for. 2. That in determining the permitted location for a new dwelling, the setbacks applicable to the R-40 Zone District (Bulk Schedule) be used. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent was Member Grigonis and Member Sawicki. ) This resolution was duly adopted. lk i DECEIVED AND FILED BY �Z THE SGUTF?CLD TOWN C RJ GERARD P. ZHRIYdER, CHAIRMAN DATE ` HOUR Town Clerk, Town of Sou'�old , APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 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 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, NOVEMBER 1, 1990, at the following times: 7: 30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24. 13. 7: 35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30a. 3 for approval of re-separation r into two separate parcels as shown by separate deed conveyances, it Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7: 40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III , Section 100-32 and Article XXIII , Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII , Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7: 55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9) (E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8: 25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8: 35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13 . 2. 8: 45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and ( 2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26 , 1990: 9: 00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9: 10 p.m. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809 . Dated: October 17 , 1990 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I . Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . .J[1LY 27: . . . . . . . . . . .. 19 99. . . To Donald L. Osami 332 Throop Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . North Babylon, N.Y. 11704 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . .July 18, . 19 90 CONSTRUCT A ONE FAMILY DWELLING forpermit to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 75 REYDON DRIVE & 8765 NORTH BAYVIEW RD. SOUTHOLD, N.Yy House No. Street Hamlet County Tax Map No. 1000 Section . . . .79. . . . . . . . Block . . . .5. . . . . . . . . Lot . . . . !0. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . .Under. . . . . . . .Article. . . . .IIIA. 100-30A.3,. . . . . . . . . . . Lot site has insufficient area and under Article %%VIII 100-281 (7) lot is not . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on an approved subdivision map - therefore requires a certified abstract of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . title showing single and separate ownership of the entire lot prior to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 9, 1957. Action required by the Zoning Board of Appeals and Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iz ild�'� g. Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....�!ACM.t V E D TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. �,+^ o 1, (We) .........Donald L. Osani of 332 Throo? .Street .... Va ............................. .... ............................... Name of Appellant Street and Nurr fhb Town Ck.* North Babylon New York .......HEREBY APPEAL TO ... ............................... ..............F....Y................................... ..................... Munici alit State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........•...•.......••.•••••••••• • DATED ..7/27/90....... WHEREBY THE BUILDING INSPECTOR DENIED TO Donald L. Osani ................................................................................. Name of Applicant for permit of N332 Throop Street North Babylon ,New York._... .... . .. .... . .. . . . .... ..... .... Street and Number Municipality State ( ) PERMIT TO USE ( -) PERMIT FOR OCCUPANCY (x ) Building Permit 1. LOCATION OF THE PROPERTY Reydon Drive & North Bayview, Southold .................... ........................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 79 Block 5 Lot 10 Our°n d QDonald L. Osani Map No. Lot No. Prior Owner George Brudermann 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 111A Section 100-30a.3 & Article XXXVIII 100-281 (7) 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 0 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeol was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that The property had automatically merged. I would like to return property to its original state before merger. Two seperate parcels #1-33,607 Sq. Ft. #2-34,997 Sq. Ft. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDtH I P because Strict application would make it very difficult to properly maintain such a 'large piece of land (almost 2 acres) . Eventually I would like to build on the second piece of land for my son and his.:,f:amily. It would be a hardship not having my family members near. 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 It is unique, because even after being divided, each piece would be YLLY close to one acre. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT because Most homes in the area are on one acre or less. This property is part of Reydon Shores, and most parcels in Reydon Shores are on less than 1/2 acre plots. STATE OF NE Kss 0 / I ) ::.:............................. COUNTY OF Signature Swornto this ........ .. .. . ......... ... .... .... day of.............. ........................................ 19 ` .... .. 11.. .............................. Notary Public HOWARD & LEVINE IOTARY PUBLIC,Stage of t** ire.: Quolifiedoin Suffo k1 - TOWN OF SOUTHOLD PROPERTY RECORD CARD 7 _ ,2 OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER , ' ACR. S f'�f W ( TYPE OF BUILDING RES. SEAS. VL. 3 '� FARM COMM. CB. MICS.. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3 o, o 9 a a � Q Q > SA' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD o d Meadowland DEPTH House Plot BULKHEAD Total DOCK f TOWN OF SOUTHOLD PROPERTY RECORD CARD V OWNER STREET VILLAGE DIST.. SUB. LOT 2 Ie14. &krk1?#"*A41y de-A FORME OWNER N E ACR. C S r W TYPE OF BUILDING RES. SEAS. VL.S,-1 FARM COMM. C.B. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS � l AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD _ Meadowland DEPTH House Plot BULKHEAD Total DOCK APPEALS BOARD MEMBERS '' rn SCOTT L. HARRIS Su Gerard P. Goehringer, Chairman y� Supervisor Charles Gri onis, 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 December 5, 1990 Donald M. McGayhey, Esq. P.O. Box 981 1050 Youngs Avenue Southold, NY 11971 Re: Appl. No. 3974- Donald Osani (Brudermann) Dear Mr. McGayhey: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 15, 1990 Special Meeting concerning the above application. Please be sure to return to the Planning Board Office and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Planning Board Office for its file and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski Copy of Decision to: Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Suffolk County Department of Planning INN- 1,7 OCT 2 October 26, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Variance Application (Osani) Premises: (No#) Reydon Drive Southold, New York SCTMJ 1000-079.00-05.00-010.000 & 011.000 Dear Ms. Kowalski: In connection with the above application, I enclose herewith a copy of deed dated May 4 , 1959 recorded in Liber 4623 at Page 325 for tax lot 10 . It is my understanding from the applicant, Donald J. Osani , that you have requested a copy of the enclosed deed in order to process his variance application. Please do not hesitate to contact me if I can be of any further assistance in this matter. Very ul ou s, Do ld M. McGayhey DMM:sgm enc. cc: Donald J. Osani .i.....a.•�.�. Jaiv.vv.rr VV 1G—CY:�—tJ..:74 P . 1 - Sundud N.Y.b.t.U. Pr. -tOM 74J—Wurarr Drrd Wk6rfyU,C4�sanu.� ��� �,�•)� U MM IN DEMMIRE, trade the hth ' day"ot—Kqr , nineteen hundred and Fit BETWEEN , �'n nOROTHY w, > tUDF;R1r w, widow of JOSEPH A. ARf1DF.ft UNN, deceassd, residing at 108 Maple Drive, New Hyde Park, Nasssss County, New York, party of the first part, and GEORGE H. BWDMIMAN>fs JR.s residing at 412 Latham ?,arse t+ East Williston,, Nassau Countyr New 7ork, a sec cmi party of the second part, A p4 W1'ITIFSSETH, that the party of the first part, in consideration of ten dollars and other valuable considerations p§Jd by 036 party of the smoi,d part, does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being btm;hx at Bsgrview, Southold, Town of Southold, County of Suffolk wW State of New York, more particularly bounded and described as followet BEC DMNU at a concrete monument at the intersection of the northerl; line of North 136IFview Road with the westerly line of Reydon Drives from said point 'of beginning running along said northerly line of North Bayview Road, N. 720 04f 00" W,— 219.85 feet to an iron pipe] thence along land.conveyed, or about to be conveyed,, by the party of the first part to Veronica Arudersann, N. 180 161 50" E•- 149,76 feet to an iron pips] thence along land conveyed, or about to be conveyed, by the party of the first part to Veronica Arudeimann, S.720 021 40" E*- 229.13 feet to an iron pipe on said westerly line of Reydon C� Drivel thence along said westerly line of Reydon Drive, S. 210 491 30" A.- 3,50.0 feet to the point of BEGINNIN39 r } TOGETHER with all the rights and privileges to use and enjoyment of the inland harbor Reydon Shores as more fulll described in deed of conveyance from Reydon Shores Iris. to Joseph A. Arudermann and Dorothy Yfe Brudermann in Uber l955, page 230, and recorded in the Office of the Clerk of Suffolk County, New Yorks on November 19, 1937. TOGETHER with all right, title and interest, if any, of the party of the first paEt in and to any At and roads abutting the above described premises to the center lines thereof; TOGETHER with the appartets ar'a and all the estate and rights of the party of the first Sic in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and aasigus of the party.of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows.- that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quictiy enjoy the said prendses; that the said premises are free from incumbrances, except as aforesaid; that the party of the first t will execute or procure any further neceary assurance of the title to said premises; and that said party of the ss e first part will forever warrant the title tn said premises. The word "party" shall be construed as if it read "parties" whenever the sense of thine indenture so requires. IN VATNEW WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN MESEttc>r of; ajP4MMLJL-jr-M 'IPIIVIV000VIN J a0-G7 Jc/-► r G LIBERh��c� PAGE J?4 STAIN OF NEW YORK. COUNTY Of 3$AU sin STATE OF NEW Y ;OUNTY OF ssr� On the 4th day of 11fivs 19 59, before me On the day of 19 ,'before me personally came perimially came DOROTHT W, l IVDMUUNH to me known to be the individual described in and who to me known to be the individual described in and who executed the fore wing Instrument, and acknowledged that executed the for oing instrument, and acknowledged that ohs executed t e :tram executed t e same. LOUIS M. ALESI jWfARY PUBLIC, STA•IL OF NEW YORK NJ. 30 5042000 -QIu11(ie4 in Nassau Cowlty CY�mktwi txyust t;rrct► 30, t. I STATE OF NEW YORK.COUNTY OF s►t STAIN OF MEW YORK.COUNTY OF sat Ott the day of 19 , before me On lire day of 19 , before me personally came I personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whow I am personally aLyuainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ,,. ' of that he knows the .corporation described to be the Individual in and which executed tite foregoing iPstrumerlt; that hf knows the seal of said corporation; that the- seal affixed described in and who executed the. foregoing Instrument; to said instrument is such corporate seal; that it was so that he, Said subscribing witness, was .present and saw affixed by order of the board of directors of said corpora. execute the same; and that he, said witness, tion, and that he signed h nano thereto by like order. at the same time subscribed h name as witness thereto. [� La IL I , 0 tM UORDE MAY•- U pil tit—j '' ' R K A EX n Is ; la '`'. u) SUFF COUNTY OU( AREA - 34,997 s q. f t. FOR APPROVAL " DATE APPROVED /V/0zr MON �� FNO ./Q �/ FS/o �/ The/vcatkww Of We&and S y A. C4,9 obaarrab"and a from drta • \ ,?• off, 7o� s/Dr �� d o,• P �Fc'1N oorNON c'�SS/pY 3� o� Q� F .0 O V yp v, o 2 v C• / Cli �V v Pam,, �u ti01 - " 0-0 � .4 1 z a� � h �.a O 'Pf ?,rsgs' h i v'9C A/ po 0 o • O19 'y0 �9 3 AREA - 33,6C Prepared an standards i by the L./.A for such us Title Assoc — 7�t A- �r 9 1� 90 � ��.�x'x- dJ ��-edL • 'emu/ �o��FFo�k�oG CE9 CF C 0W G o yam► D �4 Z OCT 1 T M PLANNING BOARD MEMBERS r" SC611 L. HARRIS Bennett Orlowski, Jr., Chairman VO ( �r — Supervisor George Ritchie Latham, Jr. 1�0 l7 8O /Yt Richard G. Ward �Ol Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 17, 1990 TO: Gerard P. Goehinger, Chairman, Planning Board From: Bennett Orlowski, Jr. � Chairman DATE: October 17, 1990 RE: Donald Osani (Bruderman) SCTM# 1000-79-5-10 & 11 The following is in response to your request of September 20 , 1990 for comments on: Application no. 3974, Donald Osani (Bruderman) . The Planning Board is in favor of re-separating the two ( 2) undersized lots that have been merged in this R-40 one acre zone. The lots in question are eighty four ( 84) and eighty seven ( 87) percent of the required minimum lot size, thus are marginally under sized. - ' r so Southold Town Board of Appeals -3- May 1 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3473 : Application of JOSEPH A. CASSIDY , JR. for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of 58 ,484 sq . ft . parcel with 135 ' frontage ( lot width ) . Property identi - fication : County Tax Map Parcel Nos . 1000-79-05-23 . 1 and 22 . 1 , located along the west side of Reydon Drive , Southold , NY . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on April 3 , 1986 , in the Matter of the Application of JOSEPH A. CASSIDY , JR . under Appeal No . 3473 ; and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application ; and it is noted for the record that no public opposition has been received ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , as well as the surrounding area in this C Residential and Agricultural Zoning District; and WHEREAS , the board made the following findings of fact : 1 . The property in question has a frontage ( lot width ) of 135 feet along the west side of Reydon Drive , Southold , and is identified on the Suffolk County Tax Maps as District 1000 , Section 79 , Block 05 , Lot 23 . 1 . 2 . The premises to which this parcel is contiguous to and is requested to be set-off from is situate to the north , also with a frontage ( lot width ) of 135 feet along the .west side of Reydon Drive , with an area of 55 ,831 sq . ft . ( 1 . 27 acres ) , and is identified on the Suffolk County Tax Maps as District 1000 , Section 79 , Block 05 , Lot 22 . 1 . 3. The subject parcel is vacant and contains an area of 58 ,484 sq . ft . ; the northerly parcel is improved with a single-family dwelling built pursuant to Building Permit #11485Z issued 12/7/81 . For the record , the subject parcel was conveyed from Akscin to Cassidy 12/29/83 , and the Cassidys ' obtained Suffolk County Health Department approval of construction under Permit #11 -SO- 124 on 11 /16/81 . The northerly parcel was conveyed from Akscin to Rich 9/8/81 . 4 . It is the opinion of the board that a majority of the lots in the immediate area are of a size 40 ,000 sq . ft . or more , similar to the parcel in question ; and that denial of the variance would impose significant economic injury since there is no other method Southold Town Board of Appeals -4- May 1 , 1986 Regular Meeting C1 (Appeal No . 3473 - CASSIDY , decision , continued : ) feasible for appellant to pursue other than a variance . In considering this appeal , the board finds and determines : (a ) that the relief requested is the minimum necessary ; (b) that the character of this residential neighborhood would not be adversely affected by the granting of this variance; (c ) that the property owner will suffer significant economic injury since there is no other method for appellant' to pursue other than a variance ; (d ) that the public health , welfare , safety , comfort , convenience and order of the town will be served by allowing the variance under the circumstances ; (e ) the circumstances are unique ; (f) by the granting of this variance , the spirit of the zoning ordinance and the interests of justice will be served by granting the variance , as conditionally noted below . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Grigonis , it was RESOLVED , that the variance for approval of insufficient area of 58 ,484 sq . ft . and 135 ' lot width of this parcel as applied under Appeal No . 3473 , JOSEPH A . CASSIDY , JR. , BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Bulk Schedule "A-40" setback regulations shall apply to this parcel , 2 . No reduction of front or side yards shall be permitted for new dwelling to less than that provided by "A-40 . " 3 . Proposed future accessory buildings must be located in the rearyard area as provided by Section 100- 32 . 4 . No further lot area reductions shall be permitted for this parcel . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . foLkco� E;: z APPEALS BOARD MEMBERS * SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. !y o �o,[ 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 October 18, 1990 Mr. Donald L. Osani 332 Throop Street North Babylon, NY 11704 Re: Appl. No. 3974 - Variances for Two Substandard Parcels (Brudermann) Dear Mr. Osani: Please provide us with a copy of the May 4, 1959 deed at Liber 4623 page 325 which was not included with the documents filed as pertains to Lot 10. (We do have a copy of the 1959 deed for Lot 11 at Liber 4623 page 323. ) Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski lk 4 APPEAIS BOARD MEMBERS » y ; ;;- SCOTT L. RABBIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. r Joseph H. Sawicki P.O. Box 1179 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 INTERDEPARTMENTAL MEMORANDUM TO: Southold Town Planning Board FROM: Board of Appeals DATE: September 20, 1990 SUBJECT: Appl. No. 3974 - Donald' Osani (Brudermann) 1000-79-5-lD & 11 Appl. No. 3972 - Petrol Station Ltd. 1000-109-1-23 Our Office has an received applications concerning set-off divisions or minor subdivisions which involve requests for area variances as shown on the attached maps (furnished by applicant) . Our file wiTl remain open for your coordinated comments or other statements concerning the general layout as applies under the subdivision regulations on this project until October 17, 1990. In the event you are not able to submit comments concerning the general layout of the proposed division of land by this date, it will be assumed that you have no objections and we will have no alternative but to proceed with considering the applicant's map as prepared and submitted by applicant at the public hearing. Thank you for your cooperation in this coordination. lk Attachment (Applicant's Map and County Tax Map) SUFFOLK OOL M DEPARTMENT OF HEALTH SERVICES FOR APPROVAL OF CONSTRUCTION OILY I� DATE H S.REF.NO. l t I'gAPPROVED CgNT/ GFOROF'-10" SURVEY OF =.f y 6pU0 PROPERTY The location*of waas and cesspools shown Mraon w hw tia/d observation*and of how data obta:Md how otbwra A T BA Y VlE W TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 79 - 05 - 10 •�L =ti�ov ??g,?, Scale 1" = 40' May 30, 1990 ~` 0 a F \ g^ o.zW ry 178 O Np CO 'ESTThe DA . DARK BROWN LOAM B• I N o arstaew for ehs raaid*raoa wig eonlorrrr BROWN CIA YEY LOANz YI//^ j?< O tC itM ft��iLdof The&4fok rots?f/ BROWN CLAYEY SAND g YY 04- Op„ h O CERTIFIED TO: i°nt kv �, DONALD OSANI BROWN NEDRRI TO \ 11)0 IIO COARSE SAND �- ' N /Yj`•� WATER IN BROWN NEDRAI rO COARSE NANO AREA 33,607 sq ft. SAND 17' 9J 4�•O = !� �"'w x o u<, Prepared in accordance with the minimum �\x \a a j N.Y.S. LIC. NO. 49618 a.< \ standards for title surveys as established by the L.I.A.L.S. and approved and adopted pE HIS=SURVEYORS, P.C. for such use by The New York State Land (516f7d5==5020 Title Association. P. O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 90 - 204 A August 16, 1990 10 Winter Lane Dix Hills, N.Y. 11746 To whom it may concern: I am the owner of property approximating 1 3/4 acres situated between North Bayview Road and Reydon Drive, Southold. This land is in the process of being sold and is currently in contract with Mr. Donald Osani. Mr. Osani has informed me of his desire to gain a variance on said property for the purpose of home construction. I am in complete accord with Mr. Osani's wishes and ask that this variance be granted. If you have any questions, I can be reached at the following number, 516-293-8190 Very truly yours, i ofeH. Brudermann �O��FFOLk�OGy o APPEALS BOARD MEMBERS � SCOTT L. HARRIS Gerard P. Goehringer, Chairman y0` �. Supervisor Charles Grigonis, Jr. �'7e1 ��O 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 October 17 , 1990 S.E.Q.R.A. TYPE II ACTION "DECLARATION Appeal No. 3974 Project/Applicants: Donald L . Osani County Tax Map No. 1000- 79-5-10 and 11 Location of Project: Bayview Rd. & Reydon Dr . , Southold , NY Relief Requested/Jurisdiction Before This Board in this Pr ject: Re-separate into two parcels as shown by separate dee� conveyances , each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District 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. a 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. me r 1 FEB 2 ;99G PLANNING BOARD MEMBE SCOTT L. HARRIS Bennett Orlowski, Jr., Chairm �►JA,.. •C Supervisor George Ritchie Latham, Jr. Richard G. Ward �1 - Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 19 9 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2 . Your interest in assuming the responsibilities of lead agency; and 3 . Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: r�.z�� ,�, 6 6 p 5C ,-� SEQRA Classification: ( ) Type I ( %>C) Unlisted Contact Person: (516) -765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( 0 This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman CC: Board of Appeals Building' Department Southold Town Board ,4 Suffolk County Dept. of Health Services NYS-DE-e — Shy Brook E---WQ"z neers N.-Y�-S-----Dep� port-at-i on * Maps are enclosed for your review Coordinating agencies y 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK $ A) ------------------------------------X - y 3 4 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS HEARING 5 1 t. l �',-/ 1 41990 ------------------------------------X �� ��rSSCD 6 Town Hall 7 53095 Main Road P.O. Box 1179 8 Southold, New York 11971 9 November 1, 1990 7:30 P.M. 10 11 B E F O R E 12 GERARD P. GOEHRINGER, 13 Chairman. 14 15 BOARD MEMBERS: 16 CHARLES GRIGONIS, JR. 17 SERGE DOYEN, JR. 18 JOSEPH H. SAWICKI - Absent 19 JAMES DINIZIO, JR. 20 21 ALSO PRESENT: LINDA KOWALSKI , Board Secretary 22 23 24 25 5 2 MR. DINIZIO: No. 3 THE CHAIRMAN: In light of the 4 situation and the fact that winter is 5 coming, I make a motion approving this as 6 applied for. 7 MR. GRIGONIS: Second. 8 THE CHAIRMAN: All in favor? 9 MR. GRIGONIS: Aye. 10 MR. DOYEN: Aye. 11 MR. DINIZIO: Aye. 12 THE CHAIRMAN: Granted. Cl13 (Time noted: 7 :34 P.M. ) 14 THE CHAIRMAN: The next appeal is 15 Number 3974, in behalf of Donald L. Osani . 16 The legal notice reads as follows: 17 (Legal notice read off record. ) 18 THE CHAIRMAN: I have a copy of the 19 sketch of a survey with the name cut off of 20 the survey, but indicating a lot on the 21 corner of Bayview Road and Reydon Drive, and 22 approximately 150 by 219. 85; and the next 23 lot in -- 150 by 238.40. I have a copy of Cl 24 the Suffolk County Tax Map indicating this 25 and surrounding properties in the area. r� t 6 1 2 Is there anybody that would like to 3 be heard on this application? 4 MR. OSANI : Donald Osani . 5 THE CHAIRMAN: Is there anything you 6 would like to say? 7 MR. OSANI : Yes . I pretty much have 8 everything there. These two parcels have 9 been separately approved already by the 10 Suffolk County Board of Health. They were 11 originally separate parcels that the Board 12 merged somehow, because the owner never knew 3 j 13 it was merged. J 14 THE CHAIRMAN: You bought both of 15 them? 16 MR. OSANI : I am in the process of 17 buying both. 18 THE CHAIRMAN: They are approximately 19 34 to 35,000 square feet each. 20 MR. OSANI : Yes . 21 THE CHAIRMAN: It seems the square 22 foot it gives -- and for some strange 23 reason -- 24 MR. OSANI : I have a better survey 25 here. The surveyor, by the way, is Peconic 1 7 \� 2 Surveyors, right here in town, the one that 3 surveyed it . 4 MR. DINIZIO: They are on the 5 application. 6 THE CHAIRMAN: I have a letter from 7 the Planning Board which states that the 8 Planning Board -- dated October 17, 1990 9 -- the Planning Board is in favor of the re- 10 separating of the two undersized lots that 11 have been merged in this R-40 zone. The 12 lots in question are 84 and 87 percent of 13 the required lot size, thus are marginally 14 undersized. 15 Thank you so much. 16 MR. OSANI : Thank you. 17 THE CHAIRMAN: Is there anybody else 18 that would like to speak in favor of the 19 application? Anybody that would like to 20 speak against the application? 21 What is your time limit on this? Are 22 you looking to close in a very, very short 23 period of time? 24 MR. OSANI : There is no special time 25 limit, no, sir. 8 � 2 THE CHAIRMAN: If we render a 3 decision around the 15th of November, that 4 should be okay? 5 MR. OSANI : Yes . Sure. 6 THE CHAIRMAN: We thank you very much 7 for coming in. 8 I make a motion reserving decision 9 until later. 10 MR. DINIZIO: Second. 11 THE CHAIRMAN: All in favor? 12 MR. GRIGONIS: Aye. 13 MR. DOYEN: Aye. 14 MR. DINIZIO: Aye. 15 (Time noted: 7 : 38 p.m. ) 16 THE CHAIRMAN: The next appeal is in 17 behalf of Virginia Olga Lee, Appeal Number 18 3980 . The legal notice reads as follows: 19 (Legal notice read off record. ) 20 THE CHAIRMAN: I have a copy of a 21 sketch of a survey. It appears to be dated 22 October 22 , 1982 , by Roderick Van Tuyl , 23 P.C. , indicating Lot Number 91 of the 24 original subdivision shown, which there is 25 placed a one and a half story frame home of 9 2 5 feet or less to Inlet Way, which is a 3 private road within that subdivision. The 4 nature of this application is a deck which 5 is being extended to the north of the 6 present dwelling. I have a copy of the 7 Suffolk County Tax Map indicating this and 8 surrounding properties in the area. 9 Is there anybody that would like to 10 be heard? 11 MS. LEE: I am Virginia Olga Lee. 12 The original house was built in the forties, 13 I guess, and the side of the house next to 14 the road is not in alignment to the road. 15 So when the deck was added to it, the corner 16 of the deck was closer to the road. I was 17 not aware of this tradition, at the time. I 18 have some photographs, if you would like to 19 see. 20 THE CHAIRMAN: Surely. Yes . 21 (Ms. Lee handing above-mentioned 22 photographs to the Board. ) 23 MS. LEE: The deck is 7 foot 2 by 25 24 foot 10 . 25 '"HE CHAIRMAN: Yes. Just for the 1 145A 2 3 4 C E R T I F I C A T I O N 5 6 7 I , GAIL ROSCHEN, do hereby certify that 8 I am an Official Court Reporter and that the 9 foregoing constitutes a true and correct 10 transcript of the Town of Southold Zoning 11 Board of Appeals hearing of November 1, 1990 , 12 according to my stenographic notes ./ . 13 f '4 ��.� _r✓�c. 1 � GAIL ROSCHEN 14 Official Court Reporter 15 16 17 18 19 20 21 22 23 24 25 of Property: South Side of Park (frontage)of less than the required \ Avenue,Mattituck,NY;County Tax 150 feet in this R-40 Zone District. 1 Map Parcel No.1000-123-8-8. Location of Property: Lake View 7:50 p.m. Appl. No. 3971 — Avenue (127t feet southwest of STATE OF NEW YORK) VALERIE M. KRAMER.Variance Huntington Boulevard, a private to the Zoning Ordinance, Article road), Southold,NY, County Tax )SS: XXIII,Section 239AB and Article Map Parcel No.1000-68-3-10. COUNTY OF SUFFOLK) XXVIII,Section 281,for permis- 9:35 p.m. AppT N` 3975 — sion to construct new dwelling ARTHUR G. CARLSON. structure with an isaaU4eierf set- Interpretation and Variance to the Christina V o 1 i n s k i back from existing bulkhead and Zoning Ordinance,Article III,Sec- from the easterly (front)property tion 100-30(as disapproved by the said County, being duly sworn, say line along Manhanset Avenue. Lot Building Inspector)for approval of Clerk of THE SUFFOLK TIMES, area of parcel is nonconforming inmariculture uses to include delivery this R-40 Zone District.Location of and storing of seafood,packaging, published at Mattituck, in the Tow Property: 730 Robinson Road and freezing and/or preparation of raw Suffolk and State of New York, and 980 Manhanset Avenue,Greenpost, or cooked seafood(processing)fcr NOTICE OF HEARINGS NY,County Tax Map Parcel No. shipping and/or sales for off- the annexed is a printed copy,has b( NOTICE IS HEREBY GIVEN, 1000-34-5-20. premises consumption. Zone Dis- said Newspaper once each wE pursuant to Section 267 of the Town 7:55 p.m. Appl. No. 3976— trict: Agricultural-Conservation Law and the Code of the Town of THOMAS AND MARIAN SAN- (AC). Location of Property: 1575 successively, commencing on t; Southold,the following hearings TACROCE. Special Exception to Lower Road,Southold,NY;County October 19 90 will be held by the SOUTHOLD the Zoning Ordinance, Article III, Tax Map Parcel No. 1000-69-5- TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 13.2. Regular Meeting, at the Southold to construct off-premises ground 8:45 p.m. Appl. No. 3788 — Town Hall,Main Road, Southold, sign to advertise for business pur- SUN REFINING&MARKETING. NY 11971. on THURSDAY, poses. Location of Property for Variances to the Zoning Ordinance, NOVEMBER 1, 1990. at the Sign:Southeast comer of Shipyard Article X,Sections 100-102:(1)for. n following times: Lane and the Main Road,East Mari- permission to establish convenience 7:30 p.m. Appl. No. 3969 — on,NY,County Tax Map Parcel No. store use in conjunction with and ANDREW BURKHARD. Variance 1000-38-1-1.2. accessory to the existing gasoline to the Zoning Ordinance,Article III, 8:00 p.m. Appl. No. 3972— station use on this substandard par- Section 100-32 for permission to PETROL STATION LTD. Variance cel which contains less than 30,000 construct two-foot extension of to the Zoning Ordinance, Article sq.ft. in lot art&for each use,and garage attached to dwelling with an VII,Section 100-72 for approval of (2)for interpretation as to hei t Sworn to before me this insufficient front yard setback.Zone proposed Lot k4 which will have limitation of accessory (can y) /) District:R-40.Location of Property: insufficient area in this Residential- structure. Location of Pro erty: day o��n�p �1 19 96"fi 370 Uhl Lane,Orient,NY,Orient- Office(RO)Zone District Location wo" Cotner of the Easterly Side bf Fac: Notary F By-The-Sea Subdivision Lot No. of property:North Side of the Main tory Avenue and Northerly Side of 167. Section Three, Map 6160; Road (265t feet west of Alvah's the Main Road,Mattituck, NY; /�/•Jc'�'L/Quali 000-15-5-24.13. Lane),Cutchogue,NY;County Tax 1000-142-1-27. �`Orttmtsst` 7:35 p.m. Appl. No. 3974— Map Parcel No.1000-109-1-23. Matters Recessed from September DONALD L.OSANI(for GEORGE .8:05 p.m. Appl. No. 3977 — 26.1 990: BRUDERMANN JR., Owner). BETTY J.COPIN. Variance to the 9:00 p.m. Appl. No. 3955 —DO- Variance to the Zoning Ordinance, -Zoning Ordinance, Article III,Sec- MINICK SBLENDIDO & A. Aticle IIIA,Section 100-30a.3 for Lion 100-33B(4)for permission to AURICCHIO. approval of re-separation into two locate accessory(garage) building 9:10 pm. Appl. No.3938—VIL- separate parcels as shown by sepa- partly in the side yard and tear yard LAGE MARINE. rate deed conveyances,each lot with a setback at less than the re- The Board of Appeals will at said having insufficient area and pro- quired 20 feet from the southerly time and place hear any and all per- posed construction to meet setback property line. The lot area of this sons or representatives desiring to requirements for this R-40 Zone _ parcel is nonconforming at 40,000 be heard in each of the above mat- District. Location of Property: 1. sq. ft. in this R-80 Zone District. ters.Written comments may also be North Side of Bayview Road and Location of Property:2195 Albert- submitted prior to the conclusion of the West Side of Reydon Drive, son Lane, Arshamomaque,Green- the subject hearing. Each hearing Southold, NY; County Tax Map port,NY; County Tax Map Parcel will not start before the time allot- Parcel Nos.1000-79-5-10 and 11. No. 1000-52-5-54. ted. Additional time for your pre- 7:40 p.m. Appl. No. 3980— 8:15 p.m. Appl. No. 3979 — sentation will be available, if need-, VIRGINIA OLGA LEE. Variance THOMAS J. GORMAN. Variances ed. For more information,please to the Zoning Ordinance, Article to the Zoning Ordinance,Article III, call 765-1809. XXIV, Section 100-244B for ap- Section 100-33 for approval of loca- Dated:October 17,1990. proval of deck addition to dwelling lion of two accessory (storage) BY ORDER OF THE SOUTHOLD with an insufficient sideyard set- buildings in the front yard,as exist TOWN BOARD OF APPEALS back and reduced front yard set- The lot area of this parcel is non- GERARD P.GOEHRINGER back. Lot area is nonconforming in conforming in this R-80 Zone Dis- CHAIRMAN this R-40 Zone District Location of trio Location of Property: 18 Cres- By Linda Kowalski Property: 1455 Cedar Beach Road cunt Drive,Mattituck,NY;County 6831=25 East, Southold, NY, County Tax Tax Map Parcel No.1000-1214-23. Map Parcel No.1000-92-14. 8:25 p.m. Appl. No. 3968 — 7:45 p.m. Appl. No. 3978 — IRENE R.MILLER.Variance to the DONALD&DOROTHY SWAHN. Zoning Ordinance, Article IIIA, Variances to the Zoning Ordinance, Section 100-30A.3, and Article Article III,Section 100-32 and Ar- XXIII,Section 100-239.4A for per- ticle XXIII, Section 100-239 for mission to locate proposed dwelling approval of insufficient lot area and structure with a setback of less than width (frontage)of two proposed 100 feet from the top of the highest parcels, each with an existing point(top of bluff)on this 42.930 dwelling,in this pending division of sq.ft.parcel.The parcel in question land.Zone District: R-40. Location. is nonconforming as to lot width t ice to the Zoning Or- 8:05 p.m. Appl. No. 3977- NOTICE OF HEARINGS BETTY J.COP ariance to station use on this substandard c �e,Article XXIV,Section the Zoning Ord :e, Article parcel which contains less than luu-�44B for approval of dec;? III,Section 100-33B(4)for per- 30,000 sq.ft.in lot area for each NOTICE IS HEREBY GIV addition to dwelling with an in accessory use,and(2)for interpretation as 5 sufficent sid mission to locate partly in eyard setback and (garage) building partly in the to height limitation of accessory EN,pursuant to Section 267 of reduced front yard setback.Lot +S g the Town Law and the Code of area is nonconforming in this side yard and rear yard with (canopy)structure.Location of the Town of Southold, the setback at less than the required Property:Corner of the Easter- R-40 Zone District.Location of 20 feet from the southerly pro- ly side of Factory Avenue and following hearings will be held Property: 1455 Cedar Beach by the SOUTHOLD TOWN Road East, Southold, NY; Party line The lot area this Northerly side the Main BOARD OF APPEALS at a parcel is nonconforming at Road, Mattituck, NY; County Thx Map Parcel No. 40,000 sq. ft. in this R 80 Zone 1000-142-1-27. Regular Meeting, at the 1000-92-1-4. District. Location of Property: Matters Recessed from Southold Town Hall, Main 7:45 p.m. Appl. No. 3978- 2195 Albertson Lane, Ar- September 26,4990: Road, Southold, NY 11971, on DONALD & DOROTHY shamomaque, Greenport, NY; p.m. App., No. 3955- THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- County Tax Map Parcel No. DOMINICK SBLENDIDO & 1990, at the following times: ing Ordinance,Article III,Sec- 1000-52-5-54. A. AURICCHIO. 7:30 p.m. Appl. No. 3969- tion 100-32 and Article XXIII, 8:15 p.m. Appl. No. 3979- 9:10 p.m. Appl. No. .3938- ANDREW BURKARD. Section 100-239 for approval of THOMAS J. GORMAN. Var- VILLAGE MARINE. Variance to the Zoning Or- insufficient lot area'and width iances to the Zoning Ordinance, ? The Board of Appeals will t� di nance, Article III, Section 10-32 i ' (frontage) of two proposed Article III Section 100-33 for said time and place hear any an� 00-32 for permission to con- parcels, each with an existing struct two-foot extension of approval of location of two ac- all persons or representatives dwelling, in this pending divi- cessory(storage)buildings in the desiring to be heard in each of garage attached to dwelling with sion of land. Zone District: front yard,as exist.The lot area `the above matters.Written com- an insufficient front yard set- R-40, Location of Property: of this parcel is nonconforming ments may-also be submitted back.Zone District:R-40.Loca- South side of Park Avenue, in this R 80 Zone District.Loca- prior to the conclusion of the tion of Property:370 Uhl Lane, Mattituck, NY; County Tax tion of Property: 18 Crescent subject hearing. Each hearing Orient, NY; Orient-By-The-Sea Map Parcel No. 1000-123-8-8. Drive, Mattituck, NY; County will not start before the time Subdivisoin Lot No. 167, Sec-. 7.50 p.m. Appl. No. 3971- tion Three,Map 6160; 1000-1�y VALERIE M. KRAMEM5 ` Tax Map Parcel No. allotted. Additional time for 13. 1000-121-4-23. your presentation will be Variance to the Zoning Or- 8:25 p.m. Appl. No. 3968- available, if needed. For more 7:35 p.m. Appl. No 3974- dinance,Article XXIII,Section IRENE R. MILLER. Variancl�� information, please call DONALD L., OSANI (for 239.4B and Article XXVIII, to the Zoning Ordinance, Arti- 765-1809. GEORGE BRUDERMANN Section 281, for permission to JR., Owner). Variance to the cle IIIA,Section 100 30A3,and Dated: October 17, 1990. construct new dwelling structure Article XXIII, Section 100- BY ORDER OF THE Zoning Ordinance,Article IIIA, with an insufficient setback 239.4A for permission to locate SOUTHOLD TOWN BOARD Section 100-30a3 for approval from existing bulkhead and proposed dwelling structure OF APPEALS of re-separation into two from the easterly(front)proper- with a setback of less than 100 GERARD P. GOEHRINGER separate parcels as shown by ty line along Manhanset Avenue separate deed conveyances,each Lot area of parcel is nonconfor- feet from the top l f the highest CHAIRMAN lot having insufficient area and ming in this R-40 Zone District. Point (top of bluff) a this By: Linda Kowalski construction to meet 42,930 sq.ft.parcel.The parcel 1X-10/25/90(2) ,proposed Location of Property: 730 in question is nonconforming as setback requirements for this Robinson Road and 980 to lot width (frontage) of less R-40 Zone District.Location of Manhanset Avenue,Greenport, than the required 150 feet in this Property:North side of Bayview NY;County Tax Map Parcel No. R-40 Zone District.Location of Road and the West side of 1000-34-5-20. Property: Lake View Avenue Reydon Drive, Southold, NY; 7:55 p.m. Appl. No. 3976- (127 t feet southwest of Hun- County Tax Map Parcel Nos. THOMAS AND MARIAN .1000-79-5-10 and 11. SANTACROCE.Special Excep- road), Boulevard, a private 7:40 m. Appl. No. 3980- road), Southold, NY; County P• PP tion to the Zoning Ordinance, Tax Map Parcel No. 1000-68- VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E) 3-10. for permission to construct off- 8:35 p.m. Appl. No. 3975- premises ground sign to adver- ARTHUR G. CARLSON. In- tise for business purposes.Loca-o terpretation and Variance to the tion of Property for Sign' Zoning Ordinance, Article III, Southeast corner of Shipyard Section 100-30(as disapproved Lane and the Main Road,East by the Building Inspector) fb4 Marion, NY; County Tax Map approval of mariculture uses to Parcel No. 1000-38-1-1.2 include delivery and storing of 8:00 p.m. Appl. No. 3972- seafood, packaging, freezing PETROL STATION LTD. and /or preparation of raw or Variance to the Zoning Or- cooked seafood(processing)for dinance, Article VII, Section shipping and/or sales for off- 100-72 for approval of propos- premises consumption. Zone ed Lot No.4 which will have in- District: Agricultural- sufficient area in this ! Conservation(AC).Location of Residential-Office (RO) Zone Property: 1575 Lower Road, District. Location of Property: Southold,NY,County Tax Map North side of the Main Road Parcel No. 1000-69-5-13.2. ' (265 t feet west of Alvah's 8:45 p.m. Appl. No. 3788- Lane),Cutchogue,NY,County SUN REFINING&MARKET- Tax Map Parcel No. 1000-109- ING.Variance to the Zoning O;e 1-23. dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . day of . . . . . . . . . . ., 19 9'. . . Sworn to before me this . . . . . . . . . .. . . . . . . . . . day of . . . . . . . . . Q'P �. . . . . . , 199?. . . . . . . . . . . . . . . . . . . . . . . . I . . . . . Q : ., . . . . Notary Public 1114°V^". A. SOCHNEIDER NO'A t r UdUl,, Sb t M NW Y01C No. 48065+16 Qualified in Suffolk Coun /`I Commission Expires Y' 3' Z APPEALS BOARD MEMBERS u . ,`4 SCOTT L. HARRIS eY �. ► 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) 765-1800 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 recently 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 By Linda Kowalski Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273 , Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283 , Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360, •Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq. , P.O. Box 803 , Greenport 11944 Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445 , Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq. , P.O. Box 23 , Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693 , Southold 11971 John Wagner, Esq. , P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947 Marie Ongioni, Esq. , P.O. Box 562 , Greenport 11944 Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901 �oc��FFOLK��Gy o Z Town Hall, 53095 Main Road �Q Off- P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 FAX(516) 765-1823 GOWN CLERK TELEPHONE(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 DATE: AUGUST 30, 1990 RE: ZONING APPEAL NO. 3974, DONALD L. OSANI Transmitted is application for variance submitted by Donald L. Osani, 1 Notice to Adjacent Property Owner, Notice of Disapproval, letter from George H. Brudermann current owner of property, Short Environmental Assessment Form, Board of Appeals question- naire form, copies of two deeds, copies of surveys. Southold Town Clerk .14-16-4(2/871—Text 12 PROJECT I.D.NUMBER 617.21 L SEOR 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 Donald L. Osani 3. PROJECT LOCATION: Municipality Southold, NY County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) North West corner of N.Bayview Rd. & Reydon Drive S. IS PROPOSED ACTION: Q New ❑Expansion ❑Mod ificatlonlaIteration 6. DESCRIBE PROJECT BRIEFLY: To return property to original state ne ore au oma c merger. Two separate parcels. #1-33,607 Sq. Ft. #2-34,997 Sq. Ft 7. AMOUNT OF LAND AFFECTED: Initially 68,604 SG. Ft #1-33,607 Sq. Ft i18 Ultimately 2 parr-P1 S c #2-34,997 Sq. Ft 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING Oq OTHER EXISTING LuA�NO U RESTRICTIONS? ❑Yes E]No If No,describe briefly Existing zoning calls or one acre parcels 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , IN Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/open space ❑Other Describe: Single Family Dwelling 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? E3Yes ❑No If yes,list agency(s)and permit/approvals southold ZBA Approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12Yes ❑No 1.1 yea,list agency name and permitlapproval • Suffolk County Department of Health - RAF# 905041 905042 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 Donald L. Osani 8/31/90 ApplicantJsponsor name: Date: Signature: Elf 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 Ly this Board before any action is taken. ,t. 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? _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 envircnmental area by a local agency? �Yes X No 10. Will project have a major effect on existing or future recreational opportunities? X Yes �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 _�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 period or have a major negative effect on the Yes X No character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes X No Preparer's Signature: Representing: 8/31/90 23A y/75 Date: QUESTT_O:INAIRE TO BE COMPLETED AND SUBMITTED MTII YOUR iiPPLICATION Fo,Zi-IS 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? Yeses 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes N9 4. Are there any existing or proposed fences, concrete barriers,: decks, etc? Yes N S. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 1 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Ye No State Permit # and Nature: n,s.avo or✓ C/ CIAI �-�� !fin tic 4� 9//.4 /c7v 3oA,3 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board ' Yes No Town Board Yes No Town Trustees Yes No County Health Department 06 d•p y�Ug CW No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. •(from contract) Yes 0 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes COD 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed i LR �virLLi�/'l Please submit photographs or the re rd. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property owner authorized Agent) 1/88 G WETLANDS [Amended 8-26-76 by L.L. No. ''-197G: :t-2G- - 85 by L.L.No.G-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently Mv- 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 cordt,,rass, high bush, cattails• groundsel. marshmalluw and low march cordgrass:and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 2.1.Ti- tle 1, § 2.1-0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York:and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 t-zs•Ms ' Standard N.Y.B.T.U. Ferro 8" OM 2-SS—Warranty Deed With Full Covenants—Indio it Corporation (sIdBER� h2t� PACE i �t - ' . I ....___ THIS INDENTURE, made the 4th day"o'.f.._._ May , nineteen hundred and Fifty-nine t 36� BETWEEN DOROTHY W. MMDERMANN, widow of JOSEPH A. BRTTDERMANN, deceased, residing at 108 Maple Drive, New Hyde Park, Nassau County, New York, party of the first part, and GEORGE H. BWDERMANN, JR., residing at 412 Latham Lane, C=; East Williston, Nassau County, New York, party of the second part, s � pq WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being imd;9mt at Beyview, Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a concrete monument at the intersection of the northerly line of North Reyview Road with the westerly line of Reydon Drive; from said point of beginning running along said northerly line of North Rayview Road, N. 720 04t OOn W.- 219.85 feet to an iron pipe; thence along land conveyed, +I or about to be conveyed, by the party of the first part to Veronica Rrudemann, N. 180 161 50" Ee— 149.76 feet to an iron pipe; thence along land conveyed, or about to be conveyed, by the party of the first part to Veronica Rrudermann, (� S.720 021 40" E.— 229.13 feet to an iron pipe on said westerly line of Reydon Drive; thence along said westerly line of Reydon Drive, S. 210 491 30" Wo- 150.0 feet to the point of BEGINNING. TOGETHER with all the rights and privileges to use and enjoyment of the inland harbor Reydon Shores as more fully described in deed of conveyance from Reydon Shores Inc. to Joseph A. Rrudermannand Dorothy W. Rnidermann in Liber 1955, page 230, and recorded in the Office of the Clerk of Suffolk County, New York, on November 19, 1937. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets anal roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from encumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: LIBER46?3 PAGE. ?4 NASSAU STATE OF NEW YORK. COUNTY OF ss: I STATE OF NEW YORK, COUNTY OF ss: On the 4th day of May, 19 59, before me On the day of 19 before me personally came personally came DOROTHY W. BRUDERMANN 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 she executed the same executed the same. ;" * l.e._ev't' LOUIS M. ALESI rlO1ARY PUBLIC, STAIL OF NEW YORK Ii.). 30 5042000 i QuaiifirJ in Nas au County Commissi,,,i tx,,ire• I:,arctl 3�, l�` � I 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 the subscribing witness to the foregoing instrument, with say that he resides at No. whom I aui personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that lie to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. u o 4J O aEn • .�. m a poy ' ai 0= 1-4 x �� w La r m 11 'd Z o 1 ^ " j7>,PQ 0 , Q W Q .n } oa U) z l W aa . QQ` Z J T 2 O = to 0 A tq o f J a ` � 3 � 3 .boo � b W U W O U 2 0 O = ec7 W CM.Q ' of F•? -- F _ .�OX LL ((Od u fall '� 7 �.y 1 �, ALEX JAL-.-RR ` ,,i Gl.�k of Suff�k uq -- 4; . Mt 41� W .. W W It. LO � s- �'i Standard N.Y.8.9,U.Form 8002. 7-77-70M—Bargain and Sale Deed. with Covenant against Grantor's Acts—Individual or Corporation.(single sheet) CONSULT YOUR LAWYER BBL—E SIGNING THIS INSTRUMENT—THIS INSTR... NT SHOULD BE USED BY LAWYERS ONLY. LIBEL 546� PAGE 208 THIS INDENTURE, made the /o� day of July , nineteen hundred and Seventy-eight, BETWEEN GEORGE H. BRUDERMANN residing at 525 Lake Drive Southold, New York 11971, party of the first part, and GEORGE H. BRUDERMANN, JR. , residing at 10 Winter Lane , Dix Hills, New York 11746, �o party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being imt}�x at Bayview, Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described i as follows : BEGINNING at an iron pipe on the westerly line of Reydon Drive , Q 150. 0 feet northerly along said westerly line from North Bayview Road; from said point of beginning running along land conveyed, or about to be conveyed, by Dorothy W. Brudermann to Veronica Brudermann, North 72 degrees 02 minutes 40 seconds West 229.13 feet to an iron pipe ; thence along land conveyed, or about to be conveyed by Dorothy W. Brudermann to Veronica Brudermann, North 18 degrees 16 minutes 50 o seconds East 149. 76 feet to an iron pipe and land of Akscin Bros ; thence along said land of Akscin Bros . , South 72 degrees 01 minutes 0 10 seconds East 238.40 feet to an iron pipe on said westerly line of Reydon Drive ; thence along said westerly line of Reydon Drive, South 21 degrees 49 minutes 30 seconds West 150.0 feet to the point of BEGINNING, TOGETHER with all the rights and privileges to use and enjoyment of the inland harbor Reydon Shores as more fully described in deed of conveyance from Reydon Shores Inc. to Joseph A. Brudermann and Dorothy W. Brudermann, in Liber 1955, page 230, and recorded in the office of '' t p the Clerk of Suffolk County, New York, on November 19, 1937. O BEING AND INTENDED TO BE the same premises conveyed by Dorothy W. Brudermann to Veronica Brudermann by deed dated May 4, 1959, and recorded in the Office of the Clerk of Suffolk County, New York, on May 5, 1959, in Liber 4623 of Deeds at page 325. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything QC whereby the said -premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so 'requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: (L, S. ) (Geor H. Bruderman LffE 8462 PAGE 299 STATE OFNEW YORK, COUNTY OF SUFFOLK ss, STATE OF NEW YORK, COUNTY OF ss:/ On the / Z10—day of July 19 78 , before me On the day of 19 before me personally came personally came GEORGE H. BRUDERMANN 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 he executed the same. executed the same. REC ED Notary P i ----- -- """ ' F(EAI_ STATE 1 RENSSELAER G.TERRY, JR. JUL 17 1978 NOTARY PIALIC, State of New York No 52'gSnuSC QuaBfled In Suffolk County CAmmiss}on Expires March 30. 190 7� SUFFOLK COUNTY STATE OF NEW YORK, COUNTY OF SS: 5,11ATE 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 the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. 011 that he is the that he knows the corporation described 'in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. I at the same time subscribed h name as witness thereto. �y �F l bargain anb &aft 3eeb SECTION %VI I I I COVENAN I AGAINs I GRANT OR'S Ac I s TITLE No. BLOCK LOT • COUNTY OR TOWN GEORGE H. BRUDERMANN TO RECORD AND RETURN TO GEORGE H. BRUDERMANN, JR. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS - ✓ �V �{/�/ti f��1��" Dirtribubd by JTITLE GUARANTEE- NEW YORK ATICOR COMPANY W U U. 0 U. O oc z p ca_. r l =� 2 tLi a'. 1''cv Ca u.LU LJ i.J to s lu VI lu N ) tt t NW W iit1N SW;p- /H►y�`` ) • y .1' h�►� i� Southold Town Board of Appeals -3- May 1 , 1986 Regular Meeting PENDING DECISION : Appeal No . 3473 : Application of JOSEPH A. CASSIDY , JR . for a Variance to the Zoning Ordinance , Article III , Section - ulk Schedule , for approval of 58 ,484 sq . ft . parcel with 135 ' frontage ( lot width ) . Property identi - fication : County Tax Map Parcel Nos . 1000-79-05-23 . 1 and 22 . 1 , located along the west side of Reydon Drive , Southold , NY . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on April 3 , 1986 , in the Matter of the Application of JOSEPH A. CASSIDY , JR . under Appeal No . 3473 ; and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application ; and it is noted for the record that no public opposition has been received ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , as well as the surrounding area in this ( Residential and Agricultural Zoning District ; and WHEREAS , the board made the following findings of fact : 1 . The property in question has a frontage ( lot width ) of 135 feet along the west side of Reydon Drive , Southold , and is identified on the Suffolk County Tax Maps as District 1000 , Section 79 , Block 05 , Lot 23 . 1 . 2 . The premises to which this parcel is contiguous to and is requested to be set-off from is situate to the north , also with a frontage ( lot width ) of 135 feet along the . west side of Reydon Drive , with an area of 55 ,831 sq . ft . ( 1 . 27 acres ) , and is identified on the Suffolk County Tax Maps as District 1000 , Section 79, Block 05 , Lot 22 . 1 . 3 . The subject parcel is vacant and contains an area of 58 ,484 sq . ft. ; the northerly parcel is improved with a single-family dwelling built pursuant to Building Permit #11485Z issued 12/7/81 . For the record , the subject parcel was conveyed from Akscin to Cassidy 12/29/83 , and the Cassidys ' obtained Suffolk County Health Department approval of construction under Permit #11 -SO- 124 on 11 /16/81 . The northerly parcel was conveyed from Akscin to Rich 9/8/81 . 4 . It is the opinion of the board that a majority of the lots in the immediate area are of a size 40 ,000 sq . ft . or more , similar to the parcel in question ; and that denial of the variance would impose significant economic injury since there is no other method Southold Town Board of Appeals -4- May 1 , 1986 Regular Meeting C1 (Appeal No . 3473 - CASSIDY , decision , continued : ) feasible for appellant to pursue other than a variance . In considering this appeal , the board finds and determines : (a ) that the relief requested is the minimum necessary ; (b ) that the character of this residential neighborhood would not be adversely affected by the granting of this variance ; (c ) that the property owner will suffer significant economic injury since there is no other method for appellant' to pursue other than a variance ; (d ) that the public health , welfare , safety , comfort , convenience and order of the town will be served by allowing the variance under the circumstances ; (e ). the circumstances are unique ; (f) by the granting of this variance , the spirit of the zoning ordinance and the interests of justice will be served by granting the variance , as conditionally noted below. Accordingly , on motion by Mr . Sawicki , seconded by Mr . Grigonis , it was RESOLVED , that the variance for approval of insufficient area of 58 , 484 sq . ft . and 135 ' lot width of this parcel as applied under Appeal No . 3473 , JOSEPH A. CASSIDY , JR . , BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . Bulk Schedule "A-40" setback regulations shall apply to this parcel ; 2 . No reduction of front or side yards shall be permitted for new dwelling to less than that provided by "A-40 . " 3 . Proposed future accessory buildings must be located in the rearyard area as provided by Section 100-32 . 4 . No further lot area reductions shall be permitted for this parcel . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES FOR APPROVAL OF CONSTRUCTION ONLY / DATE R S.REF.NO. (vq�gwr� APPROVED `— ----- -- SUR VEY OF =2 y eRU PROPER T Y S )?o �FR,�,1q The locations of wells and cesspools shown hereon are from field �, vo O?� NIV observations and or from data obtained frow others. P,PF 4°~ F A T BA Y VIE W TOWN OF SOUTHOLD SUFFOL K COUNTY, N. Y. WELL ��' o ?? 1000 - 79 �� 05 10 Scale 1 = 40 ` May 30, 1990 - o sp o gN a 17.8 COO TEST 2/.6 /vgCgNrJ HOLE DATA A moo dwood The water DARK BROWN LOAM a' /VJ �a� ayataru fOri+a�I110 eCallforRl BROWN CLAYEY LOAN 2 3 N 1?a Qo O t0 Owe CmIty 04- y0, O CER TIF/ED TO : Dopa ftwit BROWN CLAYEY SAND 9, �!{/ °O'- y9 v '� DONALD OSANI BROWN MEDIUM TO 19 ' NO COARSE SAND qO " 4.2' WATER IN BROWN LANDSL MEDIUM ro COARSE 3 �, SAND "• AREA = 33,607 sq ft. �� .r�,- METc9� Q o Prepared in accordance with the minimum o �� N.Y.S. LIC. NO. 49618 standards for title surveys as established 21 by the L.LA.L.S. and approved and adopted P 1�f-- EYORS, P.C. for such use by The New York State Land (516 7 5_r Title Association. P. O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 1197' 90 - 204 A SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES AREA = 34,997 s q. f t. FOR APPROVAL OF CONSTRUCTION ONLY DATE I .S.REF.NO. APPROVED _-- Nip I FND C �► ��� pE MONsPy �� SURVEY OF obse.v ftm and or fran alma taird fr m odwa ?' ASS' PROPER T Y \ off' �p E / Y l s P A T BA YVIEW a Wf`` ss'O TOWN OF SOU THOL D S UFFOL K COUNTY, N. Y. ?3g40" 1000 - 79 - 05 - 17 FND Scale 1" = 40' � \Q. �'/PE o �, �y �'�� s �a \° May 30, 1990, eV� JOB0 � \\' ^� Q �� 0� � kFl,c O S. 30 Nk CO FND \ r E<<<�NG Asa O o /vACANTJ N O ° " h� rhes water supply and sewage disposal /vA ? �E I 4p 1/, systems for this residence will conform CANT l T.H. MOLE CE DONALDT OSANI Depaeitmen�ofdH�a/th Services.he f County FND DA TA pipe \ DARK BROWN LOAM B•• ROWN CLAYEY LOAM S A 0 BROWN CLAYEY SAND BROWN MEDIUM rU AND COARSE SAND t�� 1. M 114D O WATER/N BROWN .MIED/UM 41 E J >D ,�' rU COARSE SAND . .- ;. i� Prepared in accordance with the minimum � N. Y.S. LIC. NO. 49618 /04V standards for title survey# as established PECONItb \VEYORS, P.C. E<</NG� by the L.I.A.L.S. and approved and adopted (516) 765 - 5020 for such use by The New York State Land P. O. BOX 909 orb Title Association. MAIN ROAD mr� SOUTHOLD, N.Y. 11971 90 - 204E BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Donald L. Osani NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Southold Town PROPERTY OWNER Zoning Board of Appeals 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) (Special Exception) (Special Permit) (Other) [circle choice] Variance 2. That the property which is the subject of the Petition is located adjacent to, our property and is des- cribed as follows: 219.85 Ft. on North Bayview Rd & 300 on Reydon DrM 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That h� such Petition, the undersigned will request the following relief: To maintain two separate parcels, each being almost one acre. Corner lot- 33,607 Sq. Ft Adjacent lot- 34,997 Sq. Ft. 5. That the provisions of the Southold Town Z n C de applicable to the relief sought by the under- signed are Article 111A Section 108-W [_ ] _ Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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: 8/31/90 Petitioner Donald L. Osani Owners Names : - Post Office Address 332 Throop Street North Babylon, NY. 11703 Tel . No . ( 516 ) 587-1723 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] i a PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS r STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) �cp ��C�v.�— residing at being duly sworn, deposes and says that on the _2 day of A 19 , deponent mailed a true copy of the Notice set forth on the re- verse side her of, directed to each of the above-named persons at the addresses set opposite their respective names; that t e addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice ; that said Notices were mailed to each of said persons by ertified (registered) mai . Sworn to before me this day of , LW ry Public HU,fAR® G. LEVINE :-IOTARY PUBLIC,State of New No. 47W91 Qualifi11fled in S ,�� �srtmiS Fvn'ro ( This side does not have to be completed on form transmitted to adjoining property owners . )