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APPEALS BOARD MEMBERS
`=} t SCOTT L. HARRIS
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;, Supervisor
Gerard P. Goehringer, Chairman �~
Charles Grig onis, Jr.
y. Town Hall, 53095 Main Road
Serge Doyen, Jr. 1 � P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
ACTION OF THE BOARD OF. APPEALS
Appl. No. 3964-SE. Appication of KENNETH MINNICK.
Special Exception to the Zoning Ordinance, Article III,
Section 100-31B(14) , as disapproved, for permission to establish
accessory apartment in proposed addition to existing one-family
structure. Property location: 3305 Aldrich Lane, Laurel;
County Tax Map No. 1000, Section 124, Block 1, Lot 3.2.
WHEREAS, a public hearing was held on September 26, 1990 and
at said hearing 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 insquestion, the physical .
characteristics of the land, its present zoning classification,
and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request a Special Excep-
tion to the Zoning Ordinance, Article III, Section 100-31B(14)
for permission to establish a new "Accessory Apartment" in a
proposed addition to the existing principal single-family
dwelling as more particularly shown on the construction plan
sketch dated July 2, 1990 referred to as Plan No. 1304F.
2. The premises in question is located in the R-80.
Residential and Agricultural Zone District, containing a total
area of approximately 41,000 sq. ft. , end extends off the
westerly side of Aldrich Lane by a private right-of-way.
Page 2 - Appl. No. j964-SE
Matter of KENNETH MINNICK
Decision Rendered October 17, 1990
3. The subject premises is improved with an one-story,
single-family dwelling with ,attached garage (without the sketched
addition) as more particularly shown on the June 24, 1977. Survey
prepared by Young & Young, L.S. (No. 77-427) .
4. Upon information furnished, the proposed addition will
be that area to be occupied by the Accessory Apartment use, and
the. square footage of the principal single-family dwelling use is
given at 1,732+- square feet.
5. Article III, Section 100-31B(14) of the Zoning Code
permits the establishment of:
. .One Accessory Apartment in an existing one-family
dwelling. . .subject to requirements (a) through (p) ,
inclusive.
6. Subsection (m) of Section 100-31B(14) of the Zoning Code.
provides that the " . . '.building which is converted to permit an
accessory apartment shall be in existence and have a valid
Certificate of Occupancy issued prior to January 1, 1984."
7. It is noted that both areas (within which the principal
dwelling use and Accessory Apartment use) are. to be located must
have been in existence prior to January 1, 1984 in order to meet
the requirements of this Article.
8. The principal single-family dwelling structure was
constructed under the issuance of Building Permit #9354 dated
July 7, 1977. Although the 1132+- sq. ft. dwelling has been in
existence and has a valid Certificate of Occupancy prior to
January 1, 1984, the area within which the proposed Accessory
Apartment is to be located does not exist.
9. During the public hearing held on September 26, 1990,
the applicants were advised that if they would consider utilizing
the existing attached garage for the proposed accessory
apartment, then the Board could possibly grant the Special
Exception. The applicants did not. authorize the Board to grant
the Special Exception for an Accessory Apartment use in the
existing attached garage rather than in the proposed new
addition. Accordingly, there is no alternative for this Board to
take except to reconfirm that the intent of this provision of the
Zoning Code legislates establishment of an Accessory Apartment
and principal single-family dwelling use must both be within the
"perimeter" (or footprint) of the entire construction of the
principal building as existed on or before January 1, 1984.
Page 3 - Appl. No. 14
Matter of KENNETH t 1ICK
Decision Rendered October 17, 1990 ' '
10. In considering this application, the Board finds and
determines that it is without authority to grant a Special
Exception use where the project does not meet all of the
requirements of the Zoning Code {Knadle v. ZBA of Huntington,. 121
AD2d 447 (1986) ; Roginski v. Rose, et al. , 63 NY2d 735 (1984) ) .
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY, without prejudice to re-apply, the
Special Exception as requested and as applied under Appl. No.
3964 in the Matter of the Application of KENNETH MINNICK.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio. (Absent was: Members Sawicki. ) This
resolution was duly adopted.
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GERARD P. GOEHRINGER, CHAIRMAN
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APPEALS BOARD AMEMBERS "'= r • Xis' p^� SMTTJL imm s
i.3. -.• .•.:.
Gerard P. Goehringer, Chairman ��;'4 Supervisor
Charles Grigonis, Jr.
Serge Doyen, Jr. Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
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 WEDNESDAY, SEPTEMBER 26, 1990, at the following times:
.7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to
the Zoning Ordinance, Article III, Section 100-33, as
r3j�;gpproved,, for perm;sg?nn to t=8nstruct an accessory structure
(gazebo) in an area other than the required rear yard. Property
location: 495 Bayview Avenue, Southold, NY; County Tax Map No.
1000, Section 052, Block 05, Lot 23.
d .L
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 26, 1990
7:35 p.m. Appl. No. 3962 - HAROLD GORDON. Variance to the
Zoning Ordinance, Article XXIV, Section 100-244 B, as
d3 sa raved, :E= mom;=;an -to zaTug tzl ct an "ideck) 'okULtIon to
existing residence. Proposed construction will have
insufficient side yard setback(s) . Property Location:
124 Hickory Avenue, Southold, County Tax Map No. 1000, Section
78, Block 7, Lot 50.
7:40 p.m. Appl. No. 396.6 - PETER BLOOM. Variance to the
Zoning Ordinance, Article III A, Section 100-30 A.3 , as
disapproved, for permission to construct a deck addition to
existing.dwelling. Proposed construction will have insufficient
side yard setbacks. Property location: 40 Old Shipyard Lane
amd 3BO I,'$ommedieu, Southold; Cgtil t Tax.Map No_ 1000, Section
64, Block 2, Lot 53.
E7:45 p.m. Appl. No. 3964 - KENNETH MINNICK. Special
B(14) ,
tion to the Zoning Ordinance, Article III, Section 100-31
as disapproved, for permission to establish accessoryment in proposed addition to existing one-family dwellingture. Property location: 3305 Aldrich Lane, Laurel,y Tax Map No. 1000, Section 124, Block 1, lot 3.2.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 26, 1990
7:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the
Zoning Ordinance, Article III, Section 100-33, as disapproved,
for Du to cm rtrumt_,a spry garage„ a an area other
than the required rear yard area. Property Location: East End
Road, Fishers Island, NY; County Tax Map No. 1000, Section 004,
Block 004, Lot 016.
7:55 p.m. Appl. No. 3963 - FRANK CURRAN. Variance to the
Zoning Ordinance, Article III, Section 100-30 A.4 (100-33) and
Article XXIII,, Section 100-239.4 B, as disapproved, for
permission to construct an accessory building in an area other
than the required rear yard area and with a setback of less than
75 ft. from, the bulkhead. Property Location: 780 Haywaters
3toad, (Peconic Bay Properties S""sion), Cntchogue, I:ounty
Tax Map No. 1000, Section 111, Block 1, Lot 16.
8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT.
Variance to the Zoning Ordinance, Article III A, Section 100-30
A.3, for approval of insufficient area, width and depth of
parcels, each with an existing single-family dwelling, in this
pending division or reseparation of merged properties, and for
Page A - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 26, 1990
approval of reduced yard setbacks between existing structures
and property ivies• as proposed_ Proposed construction on ,of new
lots will have insufficient width, depth and total lot -area for
this district. Property Location: Private Road of Fox Avenue,
Fishers Island, County Tax Map No. 1000, Section 06, Block 06,
Lot 07.
8:05 p.m_ Matters of JAMES, PETER & CHRIS MESKOURIS_
Appeals No. 3951 and 3957 - Variances to the Zoning
Ordinance, Article IIIA, Section 100-30 A.3, Article XXIII,
Section 100-239.4 (100-239d) , and Article III, Section 100-31A,
for proposed deck construction which requires approval as to
insufficient, p�deyards, excessive lot coverage, and reduced
setback from the minimum required,from the ordinary hi.ghwater
mark of Long Island Sound, and for approval of this substandard
-parce3 for dwelling use (as e3ri ts) tre-separate 3-nts that nre
.merged) . Property Location: 1350 Sound Beach Drive, Mattituck,
County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot
37.
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 26, 1990
8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A.
4=C=0_ 'Variance to the -7mming DrdimanCe, Arti D1e 112 A,
Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII,
Section 100-230 (A) , for interpretation regarding second kitchen
and -for permit concerning- addition to the existing one-family
dwelling for use as a second dwelling unit. Property Location:
185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43,
Block 004, Lot 37.
8:55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to .
the Zoning Ordinance, Article XI, Section 100-112, Article XII,
Section 1007111C(1) , Article XXIII, Section 239.4, and Article
XIX, for permission to construct addition to existing principal
building with insufficient setbacks from the bulkhead, the
pazterly tsear) -prperty`7_ine, maintn;n;-n
g the nflnO*+fnrm;nJ
northerly (side) setback, and to locate boat storage structure
(boat rack) with insufficient setbacks from the northerly
(side) , westerly, easterly property lines, and bulkhead. Also
requested is relief, as may be deemed necessary concerning
parking and/or landscaping under the current revisions of the
site plan regulations. Zone District: Marine I (M-I) .
Property location: James Creek, east side of Bay Avenue,
s c
Page 6 - .Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 26, 1990
3�lattituck, NY; County Xaz Map District 30D0, 5eatian 122, Black
3, Lot 15.1
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before time allotted. Additional time for your
presentation will be available, if needed. For more
information, please call 765-1809.
Dated: September 6, 1990. ��Y, ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P_ GOEE}Z LAGER
CHAIRMAN
By Linda Kowalski
• FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
Date . . ./. . . . . . . . . . . . . . . . . . . .. 19 , .r�. .
PLEASE TAKE NOTVCEhat your application dated . . /�� , . . , , , 19 �' .
for permit to . . �� . . . . . '. .. . . . . . . . . . . .. . . . . . . at
Location of Property . � . . . . ...5 . . . . . . . . . .
House No. Street
cc�� Hamlet
County Tax Map No. 1000 Section . . . .7. . . . . Block . . . . . Lot . . .�� Z. . . .r.
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . .
is returned Herewith and disapproved on the following grounds . .64y'e! e Gam !
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. . . . . . . . . . . . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Buil� ng pector
RV 1/80
R V TOWN OF SOUTHOLD, NEW YORK
ACCESSORY .APARTMENT
�1,1U h.P14 APPLICATION FOR SPECIAL EXCEPTION
JUL 23 NO Application No.
Date Filed:
TO 0441NP'TBARIF APPEALS, SOUTHOLD, NEW YORK:
I (We) ,
eji'nd-h cmd Meml ?au M-nm ick- of 3-;d_S- R W ri cal L�
---House No. and Street
Hamlet, State, Zip Code
hereby apply to THE ZONING BOARD OF PEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE , SECTION /oc -3p 3 0 , SUBSECTION
for the below-described property for the following uses and purposes:
le al n eces-5dry aPcirf�re�,+ c0-ktCh ed ` 6 eurs+r 'c c(uue c 1 i7,a
-� Lase -art,-vds o _� duj s 4hcj_f care cu rre_n -tly are
sec+io—n F 1Jr09r0Lrr1, ct,nd -for +u+ure use by
ry�erobers , (parewf5 or chiWre-, )
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
en-ne4 Gc d ,► er q Lou is ('are) the owner(s) of property
known and referred to as 3C1S c d-i cA La La Lt rd
House No. , Street, Hamlet
identified on the Suffolk County Tax Maps as District 1000, Section Ca 4; Block 1-3 ,
Lot which is (is not) on a subdivision map (Filed Map of
Filed Map No.
The above-described property was acquired by the owner on oc- .
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the, proposed use conforms. to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
Sl)crce- 14'7-) a. bou-ncic;r ►C, S
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements will be met:
1 . The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1 ,600) sq. ft. of livable floor area.
(continued on page two)
J s d P
Application for Special Exception
Page Two (continued)
C. 4. The accessory; apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) .percent of livable
floor area of the existing dwelling unit.
6. A minimum' of three off-street (on-site) parking spaces shall be provided,
as shown on the attached plan.
7. Not more than one (1 ) accessory apartment will be on this parcel .
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in S,ection. 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling. ,
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
11 . I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner' s principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1 ) year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1 , 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
D. The property which is the subject of this application is zoned- Q.eS :- q r and
has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has changed or received additional building permits, and Certificates of..
Occupancy for these changes are attached or will be furnished.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss" Signature
1
Sworn to before me this MA 1 day of 19 90 .
Aary Public
NOTARY M84:C S ose U$ttew"4'
No; 52-467604 Quai, in Suffolk C .
ZB.5 2J6J86 Commission Expires Momh 30, 19.
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THE'WA TERSUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL Not!N 1977 400 OSTRANDER AVENUE, RIVER cyn, E Ky0
CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH NEAREST WATER MAIN-3 MILES f , DEC.•I,I97B T �
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TD BE A VALID rxuF COPY AT GUARANTEED TO:
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to Fia satisfactor-1. •0 THE FITLE COMPANY,GUVENNMENTAL
IF �� A4l Afl AND LENOIN4 IN•.TIIUTICN L151ED BY
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APPEALS BOARD MEMBERS
f;'a '' y; Pis+ SCOTT L. HARRIS
a� ..,x�x
Supervisor .
Gerard P. Goehrin er, Chairman
Charles Grigonis, Jr. °`•��� � Town Hall, 53095 Main Road
r:
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 30, 1990
Mr. and Mrs. Kenneth Minnick
P.O. Box 201
3305 Aldrich Lane
Laurel, NY 11948
Re: Appl. No. 3964-SE - Accessory Apartment
Dear Mr. and Mrs. Minnick:
Transmitted for your records is a copy of the official
findings and determination in the above matter which was
rendered by the Board of Appeals at our October 17, 1990 Special
Meeting.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Southold Town Building Department
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TEE_CCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD REFERENCE- PLOT NO.2- "MINOR SUBDIVISION FOR AGNES CATALANO F, o yO
CBSERVATIONS AND/OR FROM DATA OBTAINED FROM OTHERS. REVISIONS YOUNG Q YOU G (LD W.
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OF THE NEW SO-STATE EDUCATION O AND SUR�E��
DATE DEC 2 2 1978 H. D. rEF. ,Tt-7_75o 7,69 COPIES OF THIS SURVEY MAP NOT BEANINO
THE LAND SURVLYOR'S IN„EB SEAL OR
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AGENCY AND LENDING INSTITUTION LIBTED BY
HEREON,AND TO THE ASB:GNECS Of THE
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LENDING INSTITUTION GUARANTEES ARE
Chief of General Engineering L"-` NO, IRANSFENABLE (D AOm TONAL SCALE: DATE: NO.
SBrviaes NSOTF(IOMN ,H..,.„,INHf_R, cAMEN., 1I =501 JUNE 24,1977 77-42
4• .
1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS
COUNTY OF SUFFOLK : STATE OF NEW YORK
2
3
------------------------------------X V
D
4 TOWN OF SOUTHOLD OCT ! 21990
ZONING BOARD OF APPEALS HEARING
5
------------------------------------X
6
Town Hall
7 53095 Main Road
P.O. Box 1179
8 Southold, New York 11971
9 Septembe-r 26, 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� �
19 JAMES DINIZIO, JR.
20
21 ALSO PRESENT: LINDA KOWALSKI , Board Secretary
22
23
24
25
1 11
2 to speak in favor of the application?
3 Is there anybody that would like to
4 speak against the application? Any question
5 from any Board members?
6 Hearing no further questions, I make
7 a motion closing the hearing and reserving
g decision until later.
9 MR. DOYEN: Second.
10 THE CHAIRMAN: All in favor?
11 MR. DOYEN: Aye.
12 MR. GRIGONIS: Aye.
13 MR. DINIZIO: Aye.
14 THE CHAIRMAN: Thank you for coming
15 in. I hope to have a decision for you
16 shortly.
17 (Time noted: 7 : 45 p.m. )
18 THE CHAIRMAN: The next appeal is
19 Appeal Number 3964, in behalf of Kenneth
20 Minnick.
21 (Legal Notice read off the record. )
22 THE CHAIRMAN: I have a copy and a
23 set of plans . Presently on the property is
24 a one-story frame home of ranch style, the
25 parcel of approximately 139 by 273 plus . I
i"
1 12
2 have a copy of the Suffolk County Tax Map
3 indicating this and surrounding properties
4 in the area.
5 Is there somebody that would like to
6 be heard?
7 MR. MINNICK: Kenneth Minnick.
8 THE CHAIRMAN: Is there anything you
g would like to say for the record before I
10 interrogate you?
11 MR. MINNICK: . Well , the reason why we
12 have requested this was we recently met a
13 couple, that is a Section 8 couple. We have
14 known them for about a year and they were
15 having trouble with housing. We thought
16 that, gee, maybe if it was feasible we would
17 go into it .
18 In the long term, we both have
19 parents that are living out here that are
20 retiring or are retired and in the future,
21 at the rate that the taxes are going and
22 expenses out here, we figured they are going.
23 to have to part with their home eventually
24 to survive. So we figured we have a place
25 where they could live too, and we thought we
]� 1 13
, J 2 would do a seasonal rental for them, too.
3 THE CHAIRMAN: The only problem I
4 have with the application is that there was
5 no provision in the original special permit
6 to allow for an addition to the dwelling
7 itself . You have to utilize the existing
g footprint of the existing dwelling.
9 MR. MINNICK: Yes . That was
10 explained to us , but it was suggested we
11 apply and convert the garage into an
12 accessory apartment .
13 THE CHAIRMAN: Can you do that?
14 MR. MINNICK: We could, but that
15 wasn't -- we wanted a separate entity. We
16 wanted an apartment that had vision from the
17 existing dwelling so there would be some
18 kind of personal setting for anybody that
19 lived in it . That 's why we connected it
20 with the breezeway. So it would be a
21 separate unit.
22 THE CHAIRMAN : The only one we ever
23 granted is a utilization of a two-car
24 garage.
25 MR. MINNICK: We had thought possibly
1 14
2 we would put in for an expansion, an
3 addition to the house which would be
4 connected by the roof line and later apply.
5 Then it would be an existing footprint .
6 THE CHAIRMAN: The problem is the law
7 reads it has to have a valid CO, before
-_ 8 January 1, 1984 . The purpose of that was to
g utilize all the .existing structure first
10 before we go into actually creating these
11 apartments in newer structures -- dwellings,
12 I should say.
13 Where do we go from here? I know
14 there is a need for affordable housing.
15 Tell me.
16 MR. MINNICK: We had looked into
17 that, too. We looked into low-income
18 housing loans and things like that , to try
19 and even get the money to do this project .
20 We had checked and found out that there was
21 always something missing. We couldn' t apply
22 for it . After all avenues were exhausted
23 and we couldn' t get grants, our last resort
Cl24 was to try and go this way. But , like I
25 said, the whole purpose -- right -- is for
1 15
2 family, ultimate immediate family, when you
3 can't afford to live anymore to have a
4 place.
5 I didn' t want to do it in the
6 existing dwelling, if at all possible. That
7 is why I am asking for the consideration on
. 8 the separation. The property we are located
9 on is residential and agriculture. If we
10 did modify the existing garage and applied
11 for a dwelling within it, then we would have
12 to do a separate garage and we would still
13 be encompassing the same amount of land at a
14 later date. To do another two-car garage
15 would take up the same amount of space as
16 the addition would.
17 THE CHAIRMAN: It would be unkind of
18 me to have you leave here thinking you are
19 half-way there or something in the nature,
20 which you are not . We really can only let
21 you utilize the garage. We have no problem
22 with you constructing another garage, either
23 attached to the house or detached from the
24 house, as long as it is not in the side yard
25 or the front yard.
�I 1 16
�..J 2 i At this point, the only thing I can
3 offer to you is that if the Board is not so
4 inclined to grant the addition that you want
5 -- do you want us to consider the garage?
6 MR. MINNICK: No.
7 THE CHAIRMAN: Why don't you say
8 something?
g MRS. MERRY MINNICK: We could have
10 put an addition on the house, but then it
11 would not have been legal to rent it to
12 anyone.
.13 THE CHAIRMAN: That is correct .
L�J 14 MRS. MINNICK: That is the purpose we
15 went this way.
16 THE CHAIRMAN: I understand that, but
17 I don' t know how to explain this to you. It
18 is not the way you should have gone. They
19 should have told you you had to utilize the
20 existing footprint meaning the existing
21 house structure, because I assume it was
22 built prior to 1984.
23 MRS. MINNICK: Yes, it was before
24 that.
25 MR. MINNICK: Yes . The house was
1 17
J 2 built before 1984.
3 THE CHAIRMAN: You have a valid CO on
4 the house attached to it before January 1 ,
5 1984?
6 MR. MINNICK: It was completed in '79
7 -- the CO.
8 THE CHAIRMAN: So the house then
9 qualifies .
10 MRS. MINNICK: We met all the
11 requirements except the fact that you could
12 not legally rent and if we put an addition
13 on you could not legally rent it in that
14 area.
15 THE CHAIRMAN: That is correct. Tell
16 me what I can do, other than I am telling
17 you we cannot give you the addition. We can
18 possibly grant you a conditional permit
19 based upon the fact that you have been
20 utilizing the existing attached garage. You
21 don't want to use the garage?
22 MR. MINNICK: No. We don' t want to
23 pull anybody' s leg and play the game and go
24 with the wet bars . We figured that is not
25 the purpose of all the zoning laws. We
1 18
' .J 2 figured we'd try it..
3 If the Board feels that it couldn' t
4 be granted because of , like you say, the
5 existing footprint, then it must be the
6 Board's decision to find that way.
7 THE CHAIRMAN: I will tell you this .
8 We .will review it with the Town Attorney
9 before we make a decision to see if there is
10 any possibility, and the law may be changed
11 in the future. We have no idea. We have
12 had some pressure in reference to that .
13 When I say "pressure, " I am talking about
14 people asking for additional things. As of
15 to date, the only thing we have granted is a
16 conditional relief , or what we refer to as a
17 conditional special permit for the utiliza-
18 tion of the garage.
19 Thank you very much.
20 Is there anybody else that would like
21 to speak in favor of the application?
22 Anybody that would like to speak against the
23 application? Any questions from any Board
24 members?.
t
25 Hearing no further questions , I make
cSL-'PTE.vB�p �6, /�9v
1� 1 19
J 2 a motion closing this hearing and reserving
3 decision until later.
4 MR. DOYEN: Second.
5 THE CHAIRMAN: All in favor?
6 MR. DOYEN : Aye.
7 MR. GRIGONIS: Aye.
8 MR. DINIZIO: Aye.
9 (Time noted: 7 :55 p.m. )
10 THE CHAIRMAN: The next appeal is
11 Number 3967 , in behalf of Kim Campbell .
12 (Legal Notice read off record. )
13 THE CHAIRMAN: I have a .copy of the
14 site plan and a copy of the Suffolk County
15 Tax Map indicating a parcel of 4.3 acres
16 which is on. the water. The site plan
17 indicates a proposed garage in the front
18 yard area. Our Fishers Island consultant
19 and member of the Board, Mr.. Doyen, has
20 brought us pictures from Fishers Island
21 indicating the approximate placement of this
22 particular proposed garage.
23 Is there anybody that has an interest
24 in looking at them in the audience?
25 Seeing no hands , is there anybody
y d
t '
1
37
2 MR. DIN IZI0: Second.
3 THE CHAIRMAN: All in favor
4 MR. GRIGONIS: Aye.
5 MR. DOYEN: Aye.
6 MR. DINIZIO: Aye.
7 THE CHAIRMAN: Thank you very much
8 for coming in.
9 (Time noted: 8 : 20 p.m. )
10
11
12
13 ,
14 I , GAIL ROSCHEN, do hereby certify that I
15 am an Official Court Reporter and that the foregoing
16 constitutes a true and correct transcript of the
17 Southold Town Zoning Board of Appeals hearing
18 of September- 26, 1990 , according to my stenographic
19 notes .
20
r
21 GAIL ROSCHEN
22 Official Court Reporter
23
24
25
Ai i:..: I1I, Section.100-33, as th -
concerning addition to a exist !
16 QO. ing one-family dwelling for_use
disapproved, for permission to '• 8:00 p.m Appl. No. 3960 construct an accessory structure THOMAS &ALLISON SA as a second dwellingunit. Pro-
perty
perty Location: 185 Inlet Lane,
(gazebo) in an area other than i
GENT.Variance to the Zoning Greenport, County. Tax Map
the required rear yard.Proper- Ordinance, Article III A, Sec No.1000,Section 43;Block 004,.
ty location: 495 Bayview Ave- ';tion 100-30 A.3,for.approval of
nue,Southold,NY,County Tax Lot 37 i r e
insufficient area, width and &n p.m. Appl..No.3938
Map No. 1000, Section 052, 'depth of parcels, each with an VILLAGE MARINE.,Variances
Block 05, Lot 23 existing single-family.dwellmg, ," to the Zoning Ordinance,'Arti-.
7:35 p.m. Appl. No. 3962 m this pending division or re-- ;cle XI,'Section 100-112,Article
HAROLD GORDON.Variance separation of.merged properties, •-XII,Section 100-111C(1),Article
to the Zoning Ordinance,Arti- and for. approval •of.reduced °ci;+ CXIII,Section,239.4,'and Arti
cle XXIV,Section 1.00-244 B,as Bard setbacks between existing cle XIX;.for:permission to eon a
disapproved, for permission to structures and property lines,as �,4$truct addition to existing pun=
construct an(deck)addition to ro osed. Pro osed construc ``
P,. p p ;;: crpal building with insufficient`
existing residence. Proposed' tion of new lots will have insuf Aetbacks from the_bulkhead the
construction will have insuffi- {ficientwidth,depth and total lot
dent.side yard setback(s):.Pro= aeaossr ert eatl r e ytin
perty Location: 124''Hickory p Y maintaining the nonconforming
Location: Private Road of Fox northerly(side)setback,and to
lvenne,Southold,Cog lax rAvenue,Pishensislaad,County locate i�oat,:storage`structure
""Map NO. '10000, Section 78, ,•ax Map No., 1000,Section 06, (Goat rack]with insufficient set-
Block 7, Lot 50 i�l6 Block VV, LOt 07•
7:40 p.m.'Appl No:`3966 1 y ;4f' backs froin'the northerly(side),
a•.A:05 p.m.Matters of JAMES, ..
PETER BLOOM. Variance'to,z . :+ q: westerly,easterly property lines,
PETER &•CHRIS MESKOU ':ti and bulkhead.Also requested is
the Zoning Ordinance, Article RIS. relief,as may be deemed neces-
III A,Section 100-30 A.3,as dis- Appeals No.3951 and 3957
approved, for permission to ; .+ 'Variances to the Zoning Ordi* `2'' ;,'l ary concerning parking and/or.
` landscaping under.the current
construct a deck addition to.
nance,.Article. IIIA, •Section revisions.of the site plan regu-
existing dwelling.Proposed con- ' 100-30 A.3,Article XXIII,Sec- lations.Zone:District:Marine I
struction will,have insufficient` tion 100-239.4 (100-239d), and (M-I).Property location:
side yard setbacks. Property Article III,Section 100-31A,for _ Creek,east side of Bay'A"venue,
location:40 Old Shipyard Lane. 'proposed deck: construction
and 580 L'Hommedieu, . Mattrtuck, !NY, County,;Tax
'which requires approval as to ;` Map.District 1000,Section 122,
Southold;County Tax Map No. sufficient sideyards,excessive lot r :Block 3; Lot 151
1000, Section.64, Block,2, Lot coverage, and.reduced setback r `:,The Board of Appeals win kit'
53.. ;from''the minimum required said time and place,hear any and.:
`7:45 p.m. Appl. No. 3964 from the ordinary highwater persons or representatives de
KENNETH MINNICK.Special ,,mark of Long Island.Sound, firing to be heard in each of the:.
Exception to the Zoning Ordi and for approval of this substan in
matters. Written com
nance, Article. I11, Section adard parcel for dwelling use(as -ments may.also be submitted
100-31 B(14),as disapproved,for exists)(re-separate lots that are
prior to.the conclusion of the
Permission,to establish acces- ;,merged). Property Location subject hearing..Each hearing
sory apartment in proposed ad- 1350 Sound Beach Drive,Matti
dition to:. existin one-famil will not start before time allot-_,
g Y .,tuck, 'County;.Tax Map No ted..`Additiorial time.:for your .
dwelling structure. Property i000;Section 106,Block-;:I,.Loty� ', ;presentation will be available;if
location: 3305 Aldrich Lane, 36 and Lot 37
", r `needed For more rnformatron,
Laurel, County Tax Map No ;'8:20 p.m. Appl:'No. 3955 `please call 765 1809
1000,Section 124,Block 1,Lot;` DDOMINICK SBLENDIDO 6t ;
-3 2 ,, 4 Dated September 6,:1990
A:"AURICCHIO. Variance to a i'' , ORDER OF
7.50`p.m. Appl. No.'396
;the Zoning Ordinance, Article ; • a THE SOUTHOLD TOWN
KIM CAMPBELL.Variance to JII A, 'Sections 100-30A 2 l ,,.;
the Zoning Ordinance, 1Aiticle IitOABD_OF APPEALS
(100 31A)and 1fl0-30 A. Arh GERARD R,GOEHRINGER
III, Section 100-33, as disap cle XXIII,Section 100-230(A), ",CHAIRMAN
proved, for permission to con- `for interpretation regarding se By Linda Kowalski'
struct accessory garage in,,an` cored kitchen and for permit` IX;-.9/20/90(35)
area other than the required rear ,
-yard area. Property Location:
East End Road,Fishers Island,
NY;County Tax Map No. 1000,
Section W4,Block W4,Lot 016.
NOTICE OF HEARINGS r I 7:55 p.m. Appl. No. 3963-
NOTICE IS HEREBY {{ !:.FRANK CURRAN.Variance to
GIVEN, pursuant to Section the Zoning .Ordinance, Article
267 of the Town Law and the. ..:;;III,Section 100-30 A.4(100-33)
Code of the Town of Southold, `:'k .,and Article. XXIII,' Section
the following hearings will be 100-239.4 B,as disapproved,for
held by the SOUTHOLD .permission to construct•an
TIDWN BOARD OF APPEALS accessory building in-an area
at a Regular Meeting, at the ~.:other than the required rear yard ,
Southold Town Hall;. Main `.;'`?'.area and with a setback of less
Road, Southold, NY. 11971 on. than 75 ft. from the bulkhead.
WEDNESDAY, SEPTEMBER-t'i.'.'.Property Location: 780 Hay-
26,'1990,at the-following times:, waters;..,Road,.-•(Peconic;"Bay..;
7:30 p.m. Appl. No. 3961-- ""Properties.Subdivision), Cut-
VENETIA McKEIGHAN.Var-., chogue, County Tax Map
iance to the 7.nninv Orriinnnrn 1t1f1(1. Reetion 111 Block 1. Lot
Copies of Legal Notice to the following on or about Septem-
ber 17, 1990:
Mr. and Mrs. Harold Gordon
124 Hickory Avenue
Southold, NY 11971
Mr. K.T. Grathwohl, Jr.
Willow Pond Lane
Southold, NY ..119.71
Mr. and Mrs. Peter Bloom
135 Pacific Street
Brooklyn, NY 11201
/:,Mr. and Mrs. Kenneth Minnick&�,
3305 Aldrich Lane t
P.O. Box 201
Laurel, NY 11948
1
Mr. Jacobs Albert
James V. Righter Architects, Inc.
58 Winter Street
Boston, MA 02108
Environment East, Inc.
3075 Indian Neck Lane
Peconic, NY 11958
Michael N. Hills, Esq.
206 Roanoke Avenue
Riverhead, NY 1190:1
Mr. James Fitzgerald
Proper-T Services
P.O. Box 617
Cutchogue, NY 11935
Philip J. Cardinale, Esq.
Cardinale & Cardinale
P.O. Box W
Jamesport, NY 11947
Charles R. Cuddy, Esq.
P.O. Box 1547
180 Old Country Road
Riverhead, NY 11901
Mrs. Venetia McKeighan
495 Bay View Avenue
Southold, NY 11971
z y
Southold Town Board of Appeals
• �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
Date: September 26 , 1-"990
APPEALS BOARD
MEMBERS
S,E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN '
CHARLES GRIGONIS, JR. UNLISTED ACTION
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. Notice of Determination of Non-Significance
Appeal No. 3964 SE
Project/Applicants: Kenneth & Mary Lou Minnick
County Tax Map No. 1000- 124- 1 -3. 2
Location of Project: 3305 Aldrich Lane , Laurel
Relief Requested/Jurisdiction before this Board in this Project:
Accessory Ap4rtment
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, and:
{ X } this Board assumes Lead Agency status and determines
this project to be an Unlisted Action (uncoordinated) noting
these findings:
{ } the project is proposed in an area with land
contours 10 or more feet above mean sea level;
{ } the area seaward of the proposed construction is
bulkheaded;
{ } the project is proposed landward of existing
structures;
{ } this Board does not wish to be Lead Agency since the
area of jurisdiction is minimal and not directly related to new
construction (such as nonconforming use variance or use permits) ;
{ } this Board wishes to assume Lead Agency status and
urges coordinated written comments by your agency to be
submitted within the next 20 days.
For more information, please contact our office.
Copies to: Planning Board, Town Trustees, N.Y.S: D.E.C. and/or
Suffolk County Department of Health Services.
me
Southold Town Board of APPRals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
Date: September 26, 1:990
APPEALS BOARD
MEMBERS
S.E.Q.R.A.
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR. UNLISTED ACTION
SERGE DOYEN, JR.
JASEPH H.IN SAWICKI
ZIO,JR. Notice of Determination of Non-Significance
DAMES D IN IZI O,J R.
Appeal No. 3964 SE
Project/Applicants: Kenneth & Mary Lou Minnick
County-Tax Map No. 1000- 124- 1-3. 2
Location of Project: 3305 Aldrich Lane , Laurel
Relief Requested/Jurisdiction before this Board in this Project:
Accessory Ap4rtment
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, and:
{ X } this Board assumes Lead Agency status and determines
this project to be an Unlisted Action (uncoordinated) noting
these findings:
{ >r} the project is proposed in an area with land
contours 10 or more feet above mean sea level
{ X.} the area seaward of the proposed construction is
bulkheaded;
{ >c.} the project is proposed landward of existing
structures;
{ } this Board does not wish to be Lead Agency since the
area of jurisdiction is minimal and not directly related to new
construction (such as nonconforming use variance or use permits) ;
{ } this Board wishes to assume Lead Agency status and
urges coordinated written comments by your agency to be
submitted-within the next .2D days..
For more information, please contact our office.
Copies to: Planning Board, Town Trustees, N.Y.S'.. D.E.C. and/or
Suffolk County Department of Health Services.
me
r
APPEALS BOARD MEMBERS t>;ir�tf' SC47T L. HARMS
Supervisor
Gerard P. Goehrin er, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
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 t'uly.
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
o��FFo���oG
o
z
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY FAX(516)765-1823
TOWN 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
RE: ZONING APPEAL NO. 3964, KENNETH S MERRY LOU MINNICK
DATE: JULY 23, 1990
Transmitted is application for special exception submitted by
KENNETH S MERRY LOU MINNICK together with Notice of Disapproval
from the Building Department; notification to adjacent property
owners; short environmental assessment form; Zoning Board of Appeals
Questionnaire form; Certificate of Occupancy from the Building
Department; survey of property; Deed; and floor plans.
Judith T. Terry
•
efz&4
Southold Town Clerk
hp*
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Gerard P. Goehringer, Chairman
' Supervisor
Charles Grigonis, Jr.
�� Town Hail, 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
Viglist 28, 1990
TO WHOM IT MAY CONCERN:
Our Regular Meeting of September 6, 1990 has been cancelled, we
will be rescheduling another meeting date sometime in the middle
of September.
If you have any questions please call this department at (516)
765-1809.
Yours very truly,
Gerard P. Goehringer
Chairman
By Doreen Ferwerda .
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rROJECT I.D, VUMFJER r
1
617.21 SC(]R
Appendix
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
PART I—p For UNLISTED ACTIONS Only
ROJECT INFORMATION (To be completed by Applicant or Project sponsor)
I. APPLI ANT/SPONSOR
j �ny�Q�h 2. PROJECT NAME
err aLe �%� f�ccessor /� arfrne7,�-
�. PROJECT LOCATION: Y,MunlctoalltY i�uFhOlt �'d
I.LrY1511 I aLlt^e 1 County S'ce f-Fall\
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc,or provide map)
330 _ ,file{rtch1v,1 ,
IUON'�17. of I�+. �,S ) �5'ou�h O >� S6wncE nLIC,
5. IS PROPOSED ACTIC
❑New Excanslon
6. DESCRIBE PROJECT BRIEFLY: Modificatlonlatteratlon
Adcfifv-? CG°ccessory 1�(&7ne7�0 Qcdcled 077 4o exl'sf'73 1 - aryn%l� dwell%��
7. AMOUNT OF LAND AFFECTED.
Initially =>Lha�l l �.s qlv� ( '
acres Ultimately
cres
S. WILL PROPCSEO ACTION CC-MILT WITH EXISTING ZONING OR OTHER EXISTINGaLAND USE RESTRICTIONS?
❑Yes �No If No,describe briefly �(( �1p� ae+
�Oa{'�t o a�j�P�/S
o builc9- legal accessory a-par-f-,Y�e-;n4
�X i s-F;-rig ctwe
3. WHAT IS PRESENT t�.r/D USE IN VICINITY OF PROJECT?
Desidentral ❑Industrial r
Describe: ,0 Commercial griculture ❑Park/Forest/Open space
❑Olber_
10. CC A IINVOLVEVOLVE q PERMIT Appgpyq� OR FUNDING,NOLY STATE ORR LOC:.L)7 Al ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEc7ERAL_
LO
Yes ❑No If yes,list agency(s)and permitlapprovals!
3u;1I;�9
It- DOES ANY ASP CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes Jlo I:yes,list agency name and permit/approval
12. AS A RESULr OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
❑Yes No
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Apoircanusoonsor name: t? 'Y)e 7 A_-I ey)e�r� �L( f l 11Yl'7�1C -
Data: L Ld I��Ib
Signature: ,
Ck_
It 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)
of The N.Y.S. Environmental Quality Review Act
be this form, and an envsranm-nt-i review will ue
before any action requires submission
is taken. made Ly this award
SI{ORT E-1VTP0'NMFNTAL
I:ISTRUC^T • ASSESSMENT FnR.%1 "
that the In order to answer the
pIn order
will use currently
in this short EAF it is assumed '
project and the likely impacts available information concerning the
additional studies of the action. It is not expected that
. research or other investigations will be undertaken.
�, (b) If any question has been answered Yes the project nificant and completed Environmental Assessment Form is necessary.
P jest may y. siq_
project)is2notlsiquestions have been answered No it is likely that the
gnificant.
(d) Environmental
Assessment .
1. Will project result
to the project site or a large physical chance
than 10 acres of land? physically alter more
2- Will there be a major `!es V/1O
chance any uniqu
unusual land farm on the site?? e or -
3• Yes �70
Will project alter or have a large effect on _
an existing body of water?
4. Will project have a "Yes �o
groundwater quality? impact
large impact on /�
S. Will Yes ! 10
on adjacentt site s?signifscantly effect drainage flow /
6. Will 1Yes 1� ,Vo
plantporject animalfect any species?threatened or endangered /
?. Will � Yes V`10
air quality?
or
result in a major adverse effect on
8. Will Yes ��Io
project have a major effect on visual char-
acter
nown of the
known community or scenic views or vistas
to be important to the community? .
. . _Yes " No �
9- Will project adversely impact any site or struct-
ure of historic, pro-historic, or paleontologicsL'
importance or any site designated as a critical
envircnmental area by a local agency? ,/
10. Will .• __Yes No
project have a major effect
future recreat on existing or ,
ional opportunities? +
11. Will Yes ti/No
project result in major traffic proble Systema7ma7or effect to existing ms or
transportation /
12• Will —Yes v N0
Project regularly Cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? /
13. Will Yes V No
or saPet.?ct have any impact on public health
14• Will p Yes V'nodirectlejeCt affect the existinq community by
lion o -r Cauanq a growth in '
t mores than 5 Permanent populs- /
Period or percent over a one-year
character of �f have a major negative effect on the Yes •..to
the community or neighborhood?
project? Y
IS. Zr there public controversy concerning the
PreParer's Signature. Yes `to
a r„R�Presentinq; D
Zia v��Clff
�
V/75 as <Gr
/�itiHec�G Date: 7/3 qn
FORM NO. S
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No. . Z9396 . . . . Date . . . . .January. . . . . 8 9
. . . . . . . . ., 19. . 7
THIS CERTIFIES that the building located at 3305 Aldrich Lane 4b=
Map No. . . . . . . . . . . . . Block No. . . . . . . . . . .Lot No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . Jae. . .??. . . . . . . . .. 19.77. pursuant to which Building Permit No. .9354Z
dated . . . .J� . .27 . . . . . . . . ., 19. 77, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . . . . . . . . . .Private„One. Family. Dwelling
The certificate is issued to . . . . . . . . . Kenneth,NUAlick . . . . . . . . . . . . . . . . . . . . . . . . . . .
(owner, j@"@&rMc#M )0C
of the aforesaid building.
Suffolk County Department of Health Approval . . . December 22, 1978 9
'Rob er-�'A'.' 'Vill'Vil2:d a
UNDERWRITERS CERTIFICATE No. . . . . N418081 . . . . . . . . . . ... . . . . . . . . . . . . . . .
HOUSE NUMBER . .3305 . . . . . . . Street . . . . . . . . . . . . Aldrich Lane .
Laurel, New. York
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .� . . . . . . . . .
Building Inspector
County Tax Number
1000-124-1-3.2
Standard N.Y.B.T.U.Form 8007« OM-Bargain and Sale.Deed i Covenant against Graa \cts-Individual or Corporation.:
CONSULT YOUR LAWYER BEFORE SIGNING THIS,IIv, UMENT—THIS INSTRUMENT.SHOULD BE USED;BY LAWYERS ONLY.
nit
' t WER 15 1_.P�L�i "
THIS INDENTURE, made_ the ` day of October ' nineteen hundred and seventy—three
BETWEEN " AGNES CATALANO, ,.res,iding at 28' Joval--Court, Brooklyn,
New York, t f
i
party of the first part, and KENNETH MINNICK, residing at (no number) Overlook
9 3� Drive, Aquebogue, . New York,
1
I. r
party, of the second part,
WTTNEESSETH, that the party of the first part, in consideration of + ONE AND NO/100 ($1'.00)-
--------------------— ------ dollars,
lawful.money of the United States,and other good and valuable consideration, paid
L� '
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,X*JtxlL'4xdddi(gLX t-71 XN{ MV4ug►�btX� , situate,
Z lying and.being iliac . at Laur.el,_..To_wn_.of.'Southold,-.,,To of Suffok,.'and
l' State of -Nei: York; .bounded.and described as. .follor7s.:
. .BEGINNING- at a point, set,: on the. west.. side .of: Aldrich Lane, distant
3303.59 feet northerly when measured along the westerly side of
Aldrich.Lane from 'the intersection of the. northerly side of Main ,
Road (N.Y.S.Route 25) and the westerly . side of Aldrich Lane; and. .
.'runnin thence. South .76' , 3,9' .,00' . West 301.13 feet- along other lands
g,�;
of, the party of l,the first ,,part herein, to a Y point;. running' thence
still' South• 76°.. 39'!" 00"''West`'273.'78`'feet along land:of Henry;W.
Schutte and,,.Geraldine Sghutte,, :his; wife ` to '.a point, and .land- now or
:.formerly of William,,Nedoszytko; running, thence ,along said
land.
I' North 19P," 47 ' .�00" �West�-'164.99 feet,''to a,monument�; 'rp}�nnning thence
�M North`76.° 39'. 00" East' 274 90' feet a' lo'ng other land"iiow' or formerly
f ,
''of`William`Nedoszytko-;"',.to'-ap)oint; runnAng -thence South 19°. 24' .00"
vEast 13973 feet along`..othe land of the..party, of the first part, to
a; point:; ::running thence-.North 76,° 39'. 00" East t301.13 ':feet, still
along ,other land of.,,the`,party of the 'first ;part to_ `a :point lying on
the`west' sidd 'of 'Aldrich Lane; and running:"tY ence:`South t 19°.�''24' ' East
fi 25.14' £eet along the iaest side of"AldrichLne 4`-to`'the po nr" or
place of. BEGINNING.
O 1i j, ;�}°t? '.fi r•} + .
F
BEING AND INTENDED T6,B a_portion of,the' premises-conveyed .to the
party of the first part by Stella Zdyb by deed dated ,April 12, 1972,
and recorded in'tl e' Suffolk`County Cler`ks Office' on April= 19' 7; -
r t rT r z' 4
L'iber 7143 of Deeds at page't_522. r r: t 1
,
,!
,� �.; r r� � rt i� r � ..� .• t r V .3x r r ct �'. , , Y ,�.a I•.t
TOGETIR�with the -right to 'obtain electrical current from Clie trunk
el'ect'rical line installed or s'to die ' ins'tall'ed ,'a]:ong a ortion "the
property of Henry� W. Schutte and Geraldine. Schutte adjoining the
F • ,1. tit 9� # {+t a3 i�t• ilt t r t F ' � _F�
withinv -ptemises� on the South �., 1 p
rF .•,!Irh-..gy p.�..,rj r, i^,s;I F -•,.!i;..,,*f h'o-,+„+t$► ift•-h'dF;:•-5!�"''�fy'�F ;rat",
T p T filt'�-TT ^�1[
STA Ei. -a.,,.i •t -{E O t }
J r y.-.. y 1.j C'I �, F +F^.�t Yy..C`R,7`���
r 'i �'f'` `Y� :j{yf1} jtta's
1 ( . w )z �.r,a �;a+ }'. O?�$rY �t E�jF� i
g �o?aF`pit^5sQpt' 9 k 1.,�i
� P Ot{09C'5
r S , '` .! r IY `� �^"' �.J.. i F. �r. t .„, 1 � ,la R �. 2 p .4 ' .� ,�' r' n•
i
f IBER 7528 PAGE VU _
SUBJECT:..to .a' right-of-way 'for ingress .and egress and .fors
electrical
lines In favor of .the premises:; to .`the':North: over that- portion of the
within premises being 25.14 feet intwidth along;'theWesf side Of:
:Aldrich' Lane to ra=rdistanvipf• 301. 3 =
feet. ,
.. +.. {_ it. .rt •.x s_<y 3 .}. U{+ r�° Yip t -b•+-+ �c + A i. ..
SUBJECT to tho`- right` of the .Towns 1. i
F f F „~
hip o Southold;-' Suffolk' Count
New Yo'r'k; t'o' demand and to recb-0e '-for n6� cons'i—,'ration; .'all the party of the`. second part.'s, his heirs, executors and assigns, .
right; 'title and i ie,s"`t 'in andt to, that parcel of P land
3r� wi`dth all`ong th`e w'es't side ofAldrich`4.Lane} to` 'a `depth' of�301fI'3t a
feet%west o/f Adr`3.ch Lane' f.or n., .._ �x #; . y •_
I Y'�.k. r.:ri''.� !i.i•, !/r.',,.[' `gy Pu ... es _4.
hghw rpos
SUBJECT to zoning ordinances and regulations of the Town of Southold.
- ... ..-. .±. :} s C ,"-. 7 �r f.+°I 7 �:i ! ".,�+�4�}��,rs.,�F ra. r'7•r '.
-•,• .x �.}r„} '2(`�l ( ^ire.�..
d
7(}'
f z s } _.t a •,• { r
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Cat; ?t r- e tri 0.
Z. f
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s 1 y4 A¢J r a J 1 1 ', 1 • "r ` a 3 ) ;t{} t!,
o!3 7 t �3i) ' � �: { �r'k 4 } �".�. }"'`.�`�f�r .�€.i�t 3. 'rJl,. e,E`•r„{JtC.
•; r"':.T ` .. • I 2L.'r
.,.."C.i i- .�'� t ' �� .� F..,t fY..+'•i}�' ! }" ( v i.> }_J��F
' ]r., V -��,•.1 t. e __�� � Jj ep}: r>! :..{IJ t��� if -1'.
C ? I t r} y
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rS ).,' ti ' f ! t .,. t ; r !x. '-,.y. ..•�sJ.� 1T `.k. �:- �} r �i� ��7., �•.,},." cl
Y, l l ' f i. !f L Yi
}} 't-'a"ice a ,.+_. 4 X �!.aP} C> r k3•:i a.S :. �.
✓ rl? G ill°t .f>r)�v aCY-�..1 \ 3J� Y.i' F,a i'4�Y•;'fir r�•}��,. ..{ 5}r�} (. it �11 } �.i� �
21
— ---- - -_-- _�--= d J7�k 7 G is t3 f'r !`� .'�'} c¢ :,ra 'i:-}•
-....,. 2 t t i k,:.e y -.i,S ,J+t_..i'.'f;.•r 7 W ��t — _ '_--^----
°0w' (,'<.� {?r �`f� r•, .�
2T1.i��L.•'S� /!Ov.' t/� r. ... �..... � .�... �—_. - __ _ �-. �..`-.._'„�-..-.-.-.�-._...e.-..�,•._—_,••-
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le
1 'i s
Ei�sErc tv - U ..
TOGETHER with all rij title and interest,i' y, of the party"of irst part in and to any streets and
roads abutting the above described premises to the'^enter lines thereof,
r. TOGEIMER with the appurtenances and all tl- '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.
z - •
__ •.' — _ X� `
s
1 ,
i
AND the party of the first part covenants that the party of the first part has not done or suffered anything
1 ±'whereby'the"Said premises have'beer! incumbered,in anyway whatever,;except,as aforesaid.` '
{ :,11, •;cam` jet: a;ti:`.''� ts� j) p r ;t 1 ` .. e ., i ;,; �. •i t I b+ i -
+i
f .." ,. r� , a ,t ro r ,.. � :t t : r• sr{ ♦ y... LI;f' i* ',. i s -,., ' .,
f 'AND the,party of the first.Ypart,+in compliance,with,Section 13"of the Lien,-Law,;oovenants that the,party,of
the':firsVpart will"receive the consideration for'this:rconveyance'arid`will"hold the right`to receive such�consid
eration as a trust fund toAbe applied"first'forWthe purpose of paying the cost of the improvement and will apply
F''' Pthe'same first to the payment of the cost of the improvement before using any part of the total of the same for
; i
apy:.other,.purpose.
The word',"party"`shall be construed as it read `,`parties" whenever the sense of this indenture so requires.
' IN-WITNESS WHEREOF,tlie�party of•the"first part has{duly executed this deed the day and'year first above
-.`5 written.
IN PRESENCE�OF
Agnes Catalano
- rt:��'"C<1.`r� _ ?�(-..,�� .} pi ,,.J ....{:tt '�• r. e 'h ,M:.>t �.`, � .t i� � x.+:. !?i.^, :1.".' 't'. f .
t,�i Y,...e bi Ci _ _i �Ar rY: t `�• .Sf t't.i;i C}� °� ,'dJ j :7P ..}6� 1C..:..::.�P.i1 �i?
.':js~ ::'— "•.a.' a,,t L.r Y.f��1 L?1. `�s_5 4 ; In°,. e. � ..- •
ti S.s
Q 4
�I1ySpEJRp;� PAGE S�b1N�
3YAT! ORK,COUNTY O! � u: STATE OF NEW PORK. COUNTY O!
On the ..� day of October, 1973 , before me On the day of 19 , before low I
personally came personally came
AGNES CATALANO
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
Notary Viublic , ,:,
a^,blare Public,State of New'Yoro-
No. 24-8988QW
Qidified in Kings County
?I W*.Jw Expires March SM
STATE OF NEW YORK,COUNTY OF_ __ , .r _ .__. __.,� _sss _STATE OF_NEW YORK,COUNTY OF
On the day'of 19 ; before me On the day of 19 ; before me
personally came personally came
to me known,-who, being by me'duly sworn, did depose and to me known, who, being by me duly-sworn, did depose and
say that he resides at No, say that he resides at No.
that he is,the'' that he is the i
of of
the corporation described the corporation described
in and which executed the foregoing instrument; that 'he in and which executed the foregoing instrument; that he
knows the seal of* said corporation; that the seal ,affixed knows,,the seal of said corporation; that the seal,affixed
to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it—was so
affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order tion, and that he signed h' name thereto by like order.
e I
,.....- 4'•.�.,�.4!/Yatw�.$...i�"1CAOC2 P'-•Ai - ix - 's:� __ - -- _ _ rer.r- -
1
joargain anb face 39eeb SECTION
WITH COVEN T AGAINST GRANTOR'S ACTS II
BLOCK
TITI E No. z8�9 , Z.� �_ ` i i�
LOT {
AGNES CATALANO COUNTY OR TOWN �1
TO . .Nov 73
KEN NETH MINNICK of The Title Guarantee CompanyII
Recorded At Request
RETURN BY MAIL TO.
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS " - -
Diaribured by
r�TITLE J GUARANTEE- C-�e/�
NEW YORK zip No//A 3
ATICOR COMPANY
---... .._ -.w.." �:-ems sa^-wy-�-.r=�•eu .._. �"'-•"'wrc.�w.-;)•�+'�'�+L:s*-•' -...,_•�•�.c.wA:..:::,..axr++•.rs.��T.i.;� ':�S�r_-"''''u--+.r-�-----s.•...s"f..—-
W
U.LL
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Y
o�C ti�o e.~ Y
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u 7 r v
yr
•7 f'' I ♦ _
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-.++. - .a.._._____.f--..•..,..... _ .... ___..._ .. .....+.- ..._. .max--�c\_._ ... ._ _ ... ..t.�-.__..� 1. _-.._,_�,_.-..__ ...-
QUESTIO'7NAIRE TO 3E COMPLETED AND SUBMTTED
WTTff zvURION i•'ORMS TO 'CITE BOARD OU ALIPEAL
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? Yes No
2.a)Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference. ) Yes _
b) Are there any areas open to a waterway without bulkhead? Yes No
3. Are there existing structures at or below ground level,
such as patios , foundations, etc? Yes No
4. Are there any existing or proposed fences , concrete
barriers , decks , etc? Yes No
5. If project is-, proposed for an accessory building or
structure, - is total height at more than 18 feet above
average ground level? State total: ft. Yes No
6. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground 'level? State total: . . . . * . . . ft. Yes NO
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. Yes No
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes No
State Permit # and Nature:
9 . Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, . County, Village, etc. ) :
Planning Board Yes
Town Board Yes
Town Trustees Yes
County Health Department Yes
Village of Greenport Yes
N.Y.S.D.E.C. Yes
Other Yes o _
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract) Yes No
11. Is new construction proposed in the area of contours
at 5 feet or less as exists?' Yes No
12. If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
. You made application to the Town Trustees for an
inspection for possible waiver or permit under the oNo
requirements of Ch. 97 of the Town Code? Yes
13. Please list present use or. operations ,conducted upon the
subject property at this time j,4::--c
and proposed - r _ �- ,. 7-
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering .my application.
Signature (Property Ow er) utaoriz EYU Agent)
1/88
WETLANDS (Amended 8-•r,-7(; by L.L: No. 2-1976: :3•�(;- -
85 11y L.L.No.
r
A. TIDAL METI.ANDS:
(1) All lands generally covered or intermittently c-nv-
erccl with,or"vhich border on, tidal waters, or kends
lying beneath tidal waters, which at mean low tide
are covered by tidal watery to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swanilm meadow,v, flat~ or other
IOW lying lands sutbjc.ct to tidal action:
(2) All banks. bogs. meadows. flats and tidal marsh
subject to such tides anci upon which grows or may
grow some or any of the following:
lack
grass, saltWorts, sea lavender, tall cordwra s,bhigh
bush, cattails, groundsel, marsh
m:illutiv 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 WETI„1NDS:
(1) "Freshwater wetlands"as defined in Article 24, Ti-
t
le 1. § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental'Conservation Law of the State
of New York:and
(2) All land immediately adjacent to a"freshwater wet-
land,"as defined in Subsection B(1)and lying with-
in seventy-five (75) feet landward of the most land-
ward edge Of,'"freshwHter wetland." f
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C°unrax Service A zorll pa$OUTHOLD `� t• \`0°•� J,( Ir.e,ral at
Y C..J., 9ency aaticte!
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BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of ,
c,-r,c( ►'Y)errU 1=oa NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
7
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention-oLthe undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) pecial Exceptia�) (Special Permit), (Other) [circle choice]
2. That the pro erty which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ES! c(e-nC� �� -Q ¢,'e-n�e-Eh cz�-,ed YYIe r�e1 t�a cc t'Y)►�,-n;clL
3. That the property which is the subject of such Petition is located in the following zoning district:
I000� - IAIJ - I - 3e
4 That by such Petition, the undersigned will request the following relief:
�c m i ss o a� �o r ceo(c(i+�o n f 1 a u 1 cce sa r ��a rf mem-I- crffcech ecC
40 for+h side o-F e;<i s-F i-nq ",h o us e
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article _LC Section /Do -3� G
[ ] 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) 7d5-1809.
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: 7 1 !3 1" 40
n-ne4h aTd rlY)errq Lou-
Petitioner
Owners ' Names : {en-ne+h. arQ Merry Lau M;-n-nick
Post XX
ice Address
A0 r
lcL-ure/ , , fIC/
Tel No. (SIB ) �91-96t8
[Copy of sketch or plan showing proposal to be att.ach',e.d':.,.for:-,corivenience
purposes . ]
PROOF`OF MAILING OF NOTICE
ATTACH CER':'•IFIED MAIL RECEIPTS
NAME ADDRESS
laurel, Xy 119M
rs d Mary , 7�gsz6wsA-; ��s
.3,J o eph l.eb-keLe_r_her Tr. P,6 Ba
�d�'�ri cis Ga
�a espo�f, My H 9LJ 7
4..
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
e nn e+h arm( �erc� l o(j lei n-ni c� , residing at 33oS n ldr c k LG—
LaLLre_ l Al, J , being duly sworn, deposes and says that on the 13 day
of '-rulo , 19 90 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective.
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the currens a�m�er�'t roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at L I Mg ► ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
(10
Sworn to before me this ),A /y /6? fek-
day of , 19
Notary Public
PA'! ICIA A. MAY
NOTARY Pt TOC ^t.atr c f New York
N.'d. 52 4676634 Qu•;I. in Suffolk Co.
Commi'ssion Expires Morch 30, 19:%`t,
(This side does not have to be completed on form transmitted to adjoining
property owners . )
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