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3983
APPEALS BOARD MEMBERS ' . r SCOTT L. HARRIS i. Gerard P. Goehringer, Chairman � � + �°�- Supervisor � a9 Charles Grigonis, Jr. "= Serge Doyen, Jr. d- Town Hall, 53095 Main Road �-,.,, 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 ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on November 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board. Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4B for approval of a 3116" by 1418" wide deck addition, with 4' by 5 ' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 sq. ft. 3. The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 . feet) . The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings and structures located on lots Page 2 - Appl. No. 3983 Matter of JANET MALONEY Decision Rendered December 13, 1990 upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to, tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (eJ in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 1418" by 31' 6" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring areas (lighting must be shielded to the property) ; 2. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of the entire four-member board at this time. This resolution was duly adopted. lk GERARD P. GOEARINGER,/CHAIRMAN �C-f gUr APPEALS BOARD MEMBERS .� " T SCOTT L. HARRIS Gerard P. Goehringer, Chairman Ate " Supervisor 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 (5.16)-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 beheld by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1; 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article .XXVIII :; ' _ '. Section 100-239.4B and Article XXIV, ;Section 100-244B for proposed one-story and .second-story additions. with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek .and will reduce. both side yards to less than the minimum required at 10 ' and 15 feet. The dwelling as exists has nonconforming side yards,; :and the lot area and width. are also nonconforming in this R-40 Zone District. Location. of Property: 625 Windy. Point Lane ,(Private Road #12) , Southold, NY; County Tax Map Parcel 1.000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek) . Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 .as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7: 45 p.m. Appl. No. 3988. - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as . to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice = Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage. (lot width) (as exists) along the Main Road of proposed Lot ##3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and •for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and - Agricultural-Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8: 05 p.m. Appl. No. 3977 - BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - SIJN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Section 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; (2) for interpretation as to height limitation of accessory (canopy) structure, and ( 3 ) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. i Page 4 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) , as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store -in this 'Limited Business (LB) Zone District. Lot is nonconforming as to lot area, ; width and depth. Location of Property: Corner of South Side of Main. Road and the 'East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2. 1. 9 Page 5 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals a:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B) } and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot - area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Green port, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding 'second kitchen facilities and its relation to single-family verses two-family , uses, and a variance for addition with- an insufficient frontyard . setback. 185. Inlet Lane, Greenport. Continued from November l, . 1990. 9:15 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 permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice - Hearings to be Held November 29, 1990. Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. 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: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE , SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . ,SEPT.. 28 . . . . . . . . . . . . . . . .. 19 90. . . To M?CHAEL. JAA.//. HALL (ATTORNEY). . . . 1050 YOUNG AVE.T MALONEY SOUTHOLD, N.Y. 11971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . , SEPT: 24 . . . . 19 90 . for permit to CONSTRUCT. A. DECK.ADDITION . . . . . . . . . , , , , , , , at Location of Property 30 WEST. LAKE DR... . . . . . . . . . . . . SOUTHOLDH . . House No. Street . . . . . . . . . . . . . . . . . . . . .Hamlet County Tax Map No. 1000 Section . 91. . . . . . . . . . . Block . .0 1 . . : . . , , , . . Lot . . 25. . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .UNDER ARTICLE %%III SECTION 100-239;4B•construction is. less than. 75. ft., from.the.bulkhead Action required by . Trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Building nspector �"•'-� THOMAS J. FISHER RV 1/80 ` TOWN OF SOUTHOLD, N fvEe APPEAL FROM DECISION OF BUILDING INSPECTOR QC� *a0 ' APPEAL NO. C/0 3 3 October 16 1 90 ram,,`{, DATE ......................�.....� TO THE ZONING BOARD OF APPEALS, TOWN OF St�N�lft!q rWC%& 1� ( )Janet Ma..lo..n..e.y fka Janet Burgnoliof ...............................Dd M. McGay e... . $�y, ..BQX. 981 Name of Appellant Street and Number 1050 Youngs Avenue, Southold ..New.. .......... York HEREBY APPEAL TO ............................................................................................. .... ........ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ,September•.28�••1990 APPLICATION FOR PERMIT NO. .................................... DATED ................. WHEREBY THE BUILDING INSPECTOR DENIED TO Janet Maloney c/o.Michael J. Hall,•, Q,�, .... .. ......... Name of Applicant.*for* for..pe.rmit of 1050 Youngs Avenue Southold New York .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( -) PERMIT FOR OCCUPANCY (xx) permit to construct deck addition 1. LOCATION OF THE PROPERTY 30 West Lake Drive,::Southold.. ............. &:'2505 Little Peconic Bay Lane Street /Hamlet / Use District on Zoning Map District 1000 Section 90 B1ock01 Lot25 ,Current Owner Janet Maloney fka Janet Burgnoli ......................................................................... Map No. 90 . Lot No. 125 Prior Owner Barbara Ann Mango 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 XXIII Section 100-239.4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (xx) 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 Akias)r (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that the existing deck ,fors_iahicht:appr�ov41-- sc)requested - - , is located within 75 feet of the bulkhead. Form ZB1 (Continue on other side) i REASON FOR APPEAL Continued �T• ��L i3 �.R cJ ' 1. STRICT APPLICATION..OF ,THE:{0�2'DINANCE would produce practical difficulties or unneces- w, ' ;y sary HARDSHIP because pre-existing dwelling is located approximately 47 feet from bulkhead. A strict ,ap.p�licat on,-.of;:,the zoning code requiring all buildings be set back no less than 75 Meet from the bulkhead would make it literally impossible to contruct a deck in the rear yard. There is no alternative location for the existing deck which is located- in- the rear. yard and within 75 feet of the bulkhead. i 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a pre-existing house with insufficient rear yard area which would prohibit any size deck. This characteristic is not shared by all neighboring properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT bcca se several neighboring properties have similarly located decks. The existing for which approval is requested has existed for a few years and is in all respects in conformity with the character of the homes in the area. STATE OF NEW YORK ) ss -' . ...... ............... .. r.. ............................................ COUNTY OF Suffolk Signature Donald M. McGayhey, Esq. , Attorney for Applicant Sworn to this 16th day of...October 1990 ............................ .a.. .P !i 'lic........................... M "dw o f New Voik / how i TOWN OF SOUTHOLD, NEW;YORK.f F APPEAL FROM DECISION OF BUILDING INSPECTOR a� APPEAL NO. TP DATE ,October_16,,,,,,1990 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTFAOt_b 'W!tYC:ett 1 ( )Janet.Maloney,fka.Janet.Burp�noli.. .of 981 . ..... Name of Appellart Street and Number 1050 Youngs Avenue, Southold ..New York.......... APPEAL TO .................................................................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED ,September. 28J,.1990.____.__ . ......................... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Janet Maloney c/o Michael,J,,,Hal1,,,,E§q,,, Name of Applicant for permit of 1050 Youngs Avenue Southold New York .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( -) PERMIT FOR OCCUPANCY (xx) permit to construct deck addition 1. LOCATION OF THE PROPERTY 30 West Lake Drive, Southold & -2505 Little Peconic Bay Lane Street /Hamlet / Use District on Zoning Map District 1000 Section 90 Bl ock Ol Lot 25 Current Owner Janet Maloney fka Janet Burgnoli .... .. ....................................... ... ... . ... . ..... ..... Mop No. 90 Lot No. 125 Prior Owner. _Barbara Ann Mango 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 XXIII Section 100-239.4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Kx) A VARIANCE to the Zoning Ordinance or Zoning Map _ ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( 4. PREVIOUS APPEAL A previous appeal x) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( .) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance is requested for the reason that the existing deck -foi-•khiehs:approuak-..$s,requested is located within 75 feet of the bulkhead. Form ZBt (Continue on other side) ASSWu C...{Ih�:s:11:t��y�A. ft,#'} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because pre-existing dwelling is located approximately 47 feet from bulkhead. A strict application of the zoning code requiring all buildings be set back no less than 75 feet from the bulkhead would make it literally impossible to contruct a deck in the rear yard. There is no alternative location for the existing deck which is located in the rear yard and within 75 feet of the bulkhead. 4." 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a pre—existing house with insufficient rear yard-area which would prohibit any size deck. This characteristic is not shared by all neighboring properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT brcapse several neighboring properties have similarly located decks. The existing for which approval is requested has existed for a few years and is in all respects in conformity with the character of the homes in the area. STATE OF NEW YORK ) :/ .ss ............................................ COUNTY OF Suffolk ) Signature Donald M. McGayhey., Es.q. , Attorney for Sworn to this ................16th.. .......................... day of...October....................................... 1990 App l icant ...(11 G ' i NamjNoia. w Yak a_ e WN OF SOUTHOLD PROPERTY RECORD CARD TO OWNER STREET VILLAGE DISTRICT SUB. LOT _Tke/ &q q FORMER OWNER N E ACREAGE A, R/7fya S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS - I A o o 77 i C42 ono.1,d' o t'A, � yeaA 7. /7 —Z-- -T,Z,A?07 Ile��J•t�� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per. Acre Value Tillable 1 Tillable 2 Tillable, --3_ Wccdland Swampland Brushland House Plot Tcta I i� M. Bldg. ik' �cJ 60 ✓ _ate y� �`� foundation Bath Extension u/ B ment Floors Extension Ext. Walls ',;, ., ,� i Interior Finish Extension Fire Place Heat y / Porch C Attic - Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway / f. O. B. ,G. /�J Uneathtt:tza=o!te"llon or addition to this lumpy is a violation of \- Section;202 of the New York Stan education Law. Caplan of ur%' snr"-i f'd ap�t boarinp the land SunreY�s irucnd anal a l embossed seal Shan not ba considered L a1G a !J l!CJ to be a valid truo copy r Guararrceen Indicated hereon shall run @, only to the parson for.sham'ho�ur•+et V fg prepared.and an his b«:hsif:o:;a S.C 7 �2 S 'Z O'Z'. d•¢. 38 .title company.9overnmont2l aS'�n Y Sand �Iendinl institution li %d h.;.cn—1d Ct tp the cssignaea of the landingib la lon.Guarenteasditional institutions or are not tranai.quen, y ad subsgauent ern g i ,�� Iln M - ri ,zS ... ho. OCT 1 6 O N a'. v bulkh�vc� of or Li �'.L. ._.__. ... _. -. - o� iqh o�cr rrfar•sc-- I I I fJF NEB, r i P�'tC Vq4 O11 LS2rb MAP OF f::GP.C4?TY 0 O LAN SuQVJ Y'L- FJ;z • AT - s c ale : 3 0 ,-- r Q = n?orrurr/er.'t C,,u•Jrc/rrt•�coc1 tc Ch�cugo Ti'f/� IrrSu�•ur�c� CO, un�> <<.7�t:/(ii:1 S:%Y/�•r�s e-(nk- ac 5:/r-ve4a,j eeD. 11, 1 72 . [.o t" rl�!rt/L"%z rs r� ��r , c• r�;ur c f . . `/ .. •.Cedar 13�v�fi P. rk;' ri;'EJ /r," ► '4"V re" <� �u�f. :v. �/c rc.� D 7-r-;:-e' �1� ell tl,,i --• - .__..—._..... er hvr: N. Y.-•-- --� APPEALS BOARD MEMBERS ::_' ` SCOTT L. HARRIS U1 u;5"` `' Supervisor Gerard P. Goehringer, Chairman Zr r�A'`� ' Charles Grigonis, Jr. ��� �� Town Hall, 53095 Main Road Serge Doyen, Jr. 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 December 17, 1990 Michael J. Hall, Esq. 1050 Youngs Avenue P.Q. Box 981 Southold, NY 11971 Re: Appl. No. 3983 - Janet Maloney (Variance) Dear Mr. Hall: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. , - Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, , GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski .Copy of Decision to: Building Department Suffolk County Department of Planning COUNTY OF SUFFOLK i PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 December 19, 1990 Town of Southold Zoning Board of Appeals Pursuant, to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) etty J. Copin 3977 Janet Maloney 3983 Beverly and Barry Lehr 3986 Very truly yours, Arthur H. Kunz Director of Planning S/s- Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE,LI.,NEW YORK 11788 (516)360-5192 I APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. � ® `� Town Hall, 53095 Main Road Serge Doyen, Jr. ' P.O. Box 1179 Joseph H. Sawicki 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 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning Code , ArticleXXIII, Section 100-239. 4B Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No. : 3983 Applicant: JANET MALONEY Location of Affected Land: 30 West Lake .Drive , Southold County Tax Map Item No . : 1000- 90-1-25 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing ' or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a .Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting )pemmdxxxt=xxbcK approval of deck within 75 ' of bulkhead . Copies of Town file and related documents enclosed for your review. Dated : 12/14/90 _i:� t�sph and Catherine !'sarba„x C U� � 411 Fourth AVenUe East Northport, New York 1171-31 Nov 2 9 i990 � i November E9, 1990 - Mr- Jr.;hr•i M. Bredemeyer III President of the Board of Trvstees Town of Southold 53095 Main Road Southold, New York 11971 Re: Notice of Hearings - Thursday, November, 2 , 191DO 8.30 p. m. Appl # 1S83 - ,Janet Maloney Variance to the Zoning Ordinance Dear Mr. Brederneyer I have contacted Mr . Mathew Kiernan and Linda Kowalski of the Southold Town Board of Appeals by telephone this morning, since I was urisuccetasf:ul to reach your office during the week. With regards to the above subject matter, please note that the meritir, ned premises lies between, our property and the 76' westerly jetty that wF have beer, in contact with -the Board of Trustees. There are three law profile jetties existing on the bayfront, ir, fro-ei•t of this premises which, without doubt, greatly cori•tr'ibutes to the problem affecting US. , New York State Department of State Coastal Zane Mariagemer,t (CZM) directly poirited �,o,.tt to us ir, 1987, -that the westerly jetties have created an adverse substantial impact that traps a build up Of sand and cai.esias erosion, undermining of bulkhead and damage to oltr property becauae of the littoral drift. We have no objeotion -to the deck variance, however, we request that the jetties be investigated, together with the aforementioned jetty, so that our long standing prf.�,blems caused by the illegal work, confirmed by the DEC ir, this area, can be -resolved. The concerned person is the widow, since remarr i od, of John Brugno l i who had the jetties installed. Our concern is riot to be malicious, but to protect our property more extensive damage. Kindly contact us Further at your conver,ierice, regarding the progress of your investigation that was disci.msed bef-ire the Board at our previous meet iriq. . Very truly yours, Jc eph and Catherine Barba•to - cc: Mathew Kiernan Assistant District Attorney G"rard P. buohringer - Chairman Of Soard of Appeals � j iv 99979 October 24, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Variance Application (Maloney) Premises: 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SCTM# 1000-90-1-25 Sirs/Madam: I enclose herewith a Letter of Authorization in connection with the above referenced. Please advise me if there is anything additional you need to complete this application. Ver;�ruly yours/, Do ald M. cGayhey DMM:sgm ehc. cc: Michael J. Hall, Esq. am uermo; �o(c� fro c�ct APPEALS BOARD MEMBERS ► SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki 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 31, 1990 Donald M. McGayhey, Esq. P.O. Box 981 Youngs Avenue Southold, NY 11971 Re: Appl. No. 3983 - Variance for Janet Maloney Dear Mr. McGayhey: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members will be individually conducting field inspections and reviews as may be required by state and local laws during the next. couple of weeks concerning your application. The public hearing on this application is expected to be held on November 29, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman andthe Suffolk Times will be sent to you as confirmation (with the exact time) in. the near future, with publication in the newspapers by our office at least one week before the hearing. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1 STATE OF NEW YORE: COUNTY OF S UFFOLK Aq ! 0 4j a 2 --__------------.----.--.------------.---- 3 BOARD OF APPEALS . TO,gjj Or` SOUTHOLD. 4 REGULAR MEETING 5 ------------------------------------- 6 7 8 Town Hall 53095 liain Road 9 Soufib-IC., New York 11971 10 November 29 , 1990 3 : 05 P..m. 11 12 13 14 15 B E F 0 R E: 16 GERARD P. GOEHRINGER, Hearing ' Officer 17 18 19 20 21 22 23 24 - 1 25 ORIGINAL RAM Court Reporting Service 633 East Main St., Riverhead, N.Y.,11"1(916)727.3168 1 2 f 2 l A P P E A R A N C E S: 3 Charles Grigonis , Jr. 4 Serge Doyen, Jr. 5 James Dinizio, Jr. 6 Linda Kowalski 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 000 RAM Court Reporting Service 633 East Main St., Riverhead, N.Y., 11"1 (sib)727.3168 1 10 2 HEARING OFFICER: We will do a reinspection 3 for the decision. 4 Thank you again for coming. 5 6 (Whereupon, the above-mentioned hearing 7 concluded at 8 :15 P.M. and a brief recess 8 was taken.) 9 10 (Whereupon, after recess at 8 :30 P.M. , 11 another Hearing commenced. ) 12 13 HEARING OFFICER: There is an appeal 14 on behalf of Janet Maloney, Appeal Number 3983 . 15 I have a copy of a sketch of a survey 16 reduced by Roderick Vantile, dated February 11, 17 1972 , indicating a one and a half story frame 18 home approximately ten feet from the north 19 easterly property line and 33 feet, 7 inches 20 from the bulk head, which is the ordinary 21 water mark. The nature of this application 22 is a 14 foot, 8 inch deck by approximately 23 31 feet, approximately 33 feet from the bulk ( 24 head and I have a copy of the Suffolk County `- 25 Tax Map indicating this and adjoining property RAM Court Reporting Service 633 East Main St., Riverhead,N.Y., U901 (sib)727-3168 1 11 �i 2 in the area. 3 Is there someone that would l.ike'. to be 4 heard? 5 MR. MULCAHEY: Would you state your name 6 for the record? 7 MR. MULCAHEY: Donald Mulcahey. I am the 8 attorney for the applicant, Janet Maloney. 9 I am available for any questions you may have 10 with respect to this application. 11 However, I would first like to know that 12 the deck, which we seek a variance this evening, 13 was constructed in 1981, so the deck is 14 approximately nine years old. My client just 15 recently sold the property and we are obligated, 16 at this time, to provide the new owner with a 17 Certificate of Occupancy, otherwise we would 18 suffer a financial hardship. 19 For your information, I have already 20 received a letter of nonjurisdiction from the 21 DEC as well as a waiver from the Town of 22 Trustees. I would like to request at this 23 oint in time. p your approval of this variance. 24 HEARING OFFICER: I want to ask you; is 25 there . any indication thaw- this .deck .will be RAM Court Reporting Service 633 East Main St., Riverhead,N.Y., I1"1(sib)727.31" 1 12 C a enclosed in anyway? 3 MR. MULCAHEY: Not to my knowledge. 4 HEARING OFFICER: That would be the 5 restriction from the Board if the variance 6 was so granted. Thank you very much. That is the only 8 question I have. 9 MR. MULCAHEY: Thank you. 10 HEARING OFFICER: Is there anybody 11 else that would like to speak in favor of 12 this application? 13 Is there anybody who would like to speak 14 against the application? 15 Are there any questions from Board members? 16 If there are no further questions, I will 17 make the motion to close the hearing reserving 18 the decision until later. 19 All those in favor say aye. 20 BOARD MEMBERS : Aye. 21 HEARING OFFICER: Thank you very much as for coming in. 23 Next we have an appeal on behalf of ( 24 Phyllis Rayne Byer, Number 3981. I have a 25 copy of the survey dated June 18 , 1976 on behalf RAM Court Reporting Service 633 East Main St.,Riverhead,N.Y., U"I(sib)727•3168 �o���Fo�K�oGy o APPEALS BOARD MEMBERS T SCOTT L. HARRIS • Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �Ol �� 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 November 15 , 1990 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3983 Project/Applicants: Janet Maloney County Tax Map No. 1000- 90- 1 -25 Location of Project: 30 West Lake Drive , Southold , NY Relief Requested/Jurisdiction Before This. Board in this Project: Approval of deck - bulkhead setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me -r APPEALS BOARD MEMBERS `- ?'., SCOTT L. HARRIS Supervisor c3+ Gerard P. Goehringer, Chairman ®�- Charles Grigonis, Jr. �,� I� 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 November 15 , 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3983 Project/Applicants: Janet Maloney County Tax Map No. 1000- 90-1-25 Location of Project: 30 West Lake Drive , Southold , NY Relief Requested/Jurisdiction Before This. Board in this Project: Approval of deck - bulkhead setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. . . Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, .NY 11971 at (516) 765-1809. me APPEALS BOARD MEMBERS r ;, x'i r-t+ SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman L � Charles Grigonis, Jr. '����q � 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 recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in- the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before_ the time allotted in the attached Legal Notice. ' Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file.. . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13 ) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13 ) Mr. John Scaramucci, P.O. Box 1043 , 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 (Re: Copin) hn M. Wagner, Esq. , P.O. Box 279, Riverhead 11901 (Re: Sun Oil) t�Donald M. McGayhey, Esq. , Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St. , Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq. , P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 .. r I Island Sound and with side Parcel ID No. 1000-90-1-25; -NOTICE OF HEARINGS lops and/or concha for whole-• t _- yards at less than the required 15 Cedar Beach Park Lot No. 125, sale distribution. Scallops and F NOTICE IS HEREBY feet and 20 feet.The dwelling as filed Map No. 90. •,,1 GIVEN, pursuant to Section i exists is nonconforming as to 8:35 p.m. Appl. No. 3981 conches to be delivered for off ;� 167,of the Town Law and the total sideyards,and the lot area. I PHYLLIS RAYNE BYER. ! Premises consumption or Saks. ;o<�edde of the Town of Southold, Zone District: Agricultural- ' and width are nonconforming in Variance to the Zoning Ordi- � Conservation tfie following hearings will be (AC),I=Ionof eld by the SOUTHOLD this R-40 Zone District. Loca- Hance, Article III, Section I Property, 1575 Lower Road; 1 TOWN BOARD OF APPEALS tion of Property: 645 Glen 100-30A(1),as disapproved,for Southold,NY;County iluc Map at a Regular Meeting, at.the. Court, Cutchogue, NY; Vista approval of second dwelling g g Bluff. Map No. 5060, Lot #1; apartment unit,as exists.Build- Parcel No. I000-69-5-13.2 Con- +, Southold Town Hall, Main County Tax Map Parcel ID No. ing as exists contains two dwell- tinued from November 1, 1990. Road, Southold, NY 11971, on The Board of Appeals will at 1000-83-1-7. ing units and retail store in this THURSDAY,NOVEMBER 29, 7:55 p.m. Appl. No. 3987 Limited Business (LB) Zone said time and place hear any and 1990 at the following times: all persons or representatives de- H&S ASSOCIATES by Sanford District. Lot is nonconforming 7:30 p.m. Appl. No. 3972= siring to be heard in each of the PETROL STATION LTD. j . � Frietnann.Variance to the Zon- as'to lot area,width and depth. may matters. Written com-y l ing Ordinance,.-Article X, Sec- Location of Property:Cotner of, above abovements also be submitted Hearing continued from lion 100-102(Bulk Schedule)for South Side of Main Road and November 1, 1990. prior.to the conclusion of the ' 7:35 p.m. Appl. No. 3985 approval of insufficient frontage I the East Side of Bay Avenue,of subject hearing. Each hearing HERBERT AND CATHER- (lot width) exists)along the Cutchogue, NY; County Tax . will not start before the time al-. :. INE LINDTVEIT.Variances to Main Road of proposed Lot#3 Map Parcel ID No. .1000-85- lotted.Additional time for your and for approval of insufficient .. "3-2.1• presentation will be available,;:the Zoning Ordinance, Article lot depth of proposed Lot#2,in 8:45 p.m. Appl. No. 3973— p e,if ImoyXVIII; Section I00-239.4B needed.For more information,; ., this pending minor subdivision, JOHN AND ROSE MILAZZO. lease call a65-1809. and Article XXIV, Section p "`;100-244B for proposed one- and for approval of access ac-. Variances to the Zoning Ordi- Dated: November 9 1990. ~""story and second-story additions"' cording to New York Town Law, _ Hance, Article XXIII, Section .. .:...: BY ORDER'OF . with two-foot over-hangs(can- Section 280A over 'a private' 100-239.4 [a/k/a 100-239d(B)] THE.SOUTHOLD TOWN with rw. Portion of additions right-of-way.Zone Districts:B- .. and Article XXIV, Sectiontilev BOARD OF APPEALS' will rs less than o feet from General Business and Agricul- 100-244B for permission to GERARD P. OF APPEALS' bulkhead along Corey Creek tural-Conservation.Location of locate addition and reconstruc- Property: North Side of Maine:' tion of dwelling structure with " : CHAIRMAN and will reduce both side yards. By Linda Kowalski Road, Cutchogue, NY; County setbacks:(a)at less than the re- 1X, 11/15/90 30 .to less than the minimum re-, Tax Map Parcel, ID No. quired 75 feet from the bulk- ( ) quired at 10 and 15 feet. The head, b at less than the re- dwellingas exists has-noncon- 1000102-2-24.Total area: 19.. . ( ) quired minimum 35 ft.rear yard formin side yards,and the lot acres. g y 8:05 p.m. Appl. No. 3977— ,gat its closest point,and(c)at less 1 area and width are also noncon- BETTY J. COPIN. Continued "'Phan the required 10 ft. and 15 1 forming in this R-40 Zone Dis- from November 1, 1990'. ft. minimum side yards, (d) at . trict:Location of Property:625 8:15 p.m. Appl.. No. 3788— less than the total side yards re- Windy Point Lane (Private SUN REFINING&.MARKET quired minimum of 25 feet. ''''Road #12); Southold, NY; Existing dwelling structure is Count Tax Ma Parcel ING. Variances-to the Zoning '"' y p Ordinance Article..X, Section nonconforming as to the nor- 1000-87-4-7.. 100-102:(1)for permission to es- therly side yard, the rear yard, 7:40 p.m.Appl. No. 3986— .BARRY AND BEVERLY talilish convenience store use in and the setback from the bulk- �d LEHR.Variance to the Zoning ; conjunction with and�accessory head.Lot area and width is non- . Ordinance, Article III, Section to the existing gasoline station conforming in this R-40 Zone 100-30.2A fora approval of the. use on this substandard parcel District. Location of Property: pp which contains less than 30,000, 9Island View Lane,Greenport, `;'location of accessory building NY;County Tax Map Parcel ID ;located in an area other than the sq. ft. in lot area; (2) for inter- Hs,. •• pretation as to.height limitation.,, `'. :'No. 1000-57-2-20. required rear yard"and located of accessory(canopy)structure, 8:55 p.m. Appl. No. 3955— within 75 feet of the bulkheads° DOMINICK SBLENDIDO & alon Goose Creek a/k/a West and to for approval of canopy g ( structure in the front yard loca- A.AURICCHIO.Interpretation Creek).Lot is nonconforming as din ar requested re second kit- to lot area and width in this R-40 I lion.Location of Property:Cor- re q regarding to Zone District.Location of Pro- ner of the Easterly Side of Fac-" Chen facilities and its relation ly tory Avenue and Northerly Side single-family versus two-family perty: 15 Sun Lane, Southold; to the Main Road, tardyMatti Side uses,and a variance for addition also referred to as Lots 1&2 on NY;County Tax Map Parcel ID t with an insufficient frontyard ' the Subdivision map of"West setback. 185 Inlet Lane,Green- Creek o. 1000-142-1-27. Creek Development filed July port. Continued from Novem- 6, 1937 as County File No. 1236. 8:30 p.m. Appl. No. 3983— JANET MALONEY. Variance ber 1, 1990. 1 ;. County Tax Map Parcel ID No. 9:15 p.m. Appl.No. 3975- 1000-76-1-1. to,the Zoning Ordinance,Arti- cle XXIII, Section 100-239.4B ARTHUR G. CARLSON. 7:45 p.m. Appl. No. 3988— for approval of deck within 75 Interpretation and Variance fo ANTONIO VANGI.Variance to. feet of bulkhead along Hog the Zoning Ordinance, Article the Zoning Ordinance, Article III, Section 100-30 (as disap-. XXIV,Section 100-244 and Ar- Neck Bay. Lot is nonconform- j ticle XXIII, Section 100-239.4,. in as to lot area in this R-40 ' proved by the Building Inspec- Zone District.Location of Pro- tor) for permission to accept Pro- for 'permission to construct delivery of shellfish from local garage addition with a setback perty: 30 West Lake Drive and ry of less than 100 feet from the ' •>2505 Little Peconic Bay Lane, waters, to shuck the shellfish, Southold,NY.County Tax Map and to deliver or ship the seal-. j :top of the bluff along the Long __ 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 . . . . ./.r a. . . ., 19 y� . r: Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of 19 4r. . . . . . . . . . . . . . . �a Q , e�,. . . . . . . . Notary Public BARBARA A. WHNE M NOTARY PUBLIC,State•of Fm Ye4 No.4806846 Qualified in Suffolk Commission Expires ,r ; NOTICE OF HEARINGS NOTICU4944-BREBY GIVEN . puc�uant to Section 267 of the Town: -Law and the Code of the Town of>` Southold,the,following hearings7: will be held by the SOUTHOLI)'-�. TOWN BOARD OF APPEALS at a<: Regular Meeting,at the Southold`+'r7 Town Hall,Main Road;.Southold,*�_?` NY -11971, on THURSDAY :1:`1. NOVEMBER 29, 1990 at the.fol- lowing times: 7:30 p.m. Appl:No. 3972 F PETROL STATION LTD.Hearing continued from November 1,1990. .. . 7i35 p.m. Appl. No. 3985 HERBERT AND"CATHERINE LINDTVEPC Yariances_Io the Z tt- ing tkdinatice",ktic(e ,Sec_ -- - lion 100-239.4B and Article XXIV ' Main Road,Cutchogue..NY,Carty side yards required minimum of 25 Section 100-M411 for proposed one- Tax Map Parcel ID No. 1000-102-2 feet. Existing dwelling structure.is story and second-story addition with 24.Total area:19596 acres. •nonconforming as to the northerly.:. swo-foot over-hangs(cantilevers). 8:05 p.m. Appl. No. 3977= ` ";' aide yard,the rear yard,and the set- " Portion of additions will be less than BETTY J.COPIN.Continued from back from the_bulkhead.Lot area 75,feet from bulkhead along Corey^I� "".November 1,1990. .and width is nonconforming in this Creek and will reduce both side yards 8.15 p.m. Appl. No. 3788 R-40 Zone District. Location of to less than the minimum required at . SUN REFINING&MARKETING. Property: 9 Island View Lane, 10 and 15 feet.The dwelling as exists Variances to the Zoning'Ordinance, _Greenport,NY,County'Tax Map has nonconforming side yards,and Article X,Section 100-102:(1}7or Parcel ID No.1000-57-2-20. t .•:;.a;•.' the lot area and width are also non- :' permission to establish convenience ="''' '8;55 p.m..Appl.No. 3955-- conforming in this R-40 Zone Dis- store use in conjunction with and DOMINICK SBLENDIDO&A. trict. Location of Property: 625 accessory to the existing gasolinel°6. ,_ AURICCHIO. Interpretation Windy Point Lane(Private Road station use on this substandard par- "`'•requested regarding second kitchen N12),Southold,NY;County Tax Map eel which contains less than 30,000 facilities and its relation to single- ' Parcel 1000-874 7. sq.ft.in lot area;(2)for interprets- family verses two-family uses,and a -7:40 p.m. Appl. No. 3986 tion as to height limitation of acres- variance for addition with an insuffi- BARRY AND BEVERLY LEHR. sory(canopy)structure,and(3)for cient frontyard setback. 185 Inlet Variance to the Zoning Ordinance, approval of canopy structure in the Lane,Greenport Continued from < Article III,Section 100-30.2A for. front yard location..Location of November I,1990. $ approval of the location of accessory Property: Comer of the Easterly 945 p.m. Appl..No. 3975 j building located in an area other,. Side of Factory Avenue and t ARTHUR G. CARLSON. than the required rear yard and Northerly Side of the Main Road, Interpretation and Variance to the located within 75 feet of the bulk- Mattituck,NY; County Tax Map Zoning Ordinance,Article III,Sec- head along Goose Creek(alk/a West Parcel ID No.1000-142-1-27. tion 100-30(as disapproved by the Creek). Lot is nonconforming as to 8:30 p.m. Appl. No. 3983 Building Inspector)for permission la area and width in this R 40 Zone JANET MALONEY.Variance to the 'to accept delivery of shellfish from `= District. Location of Property: 15 Zoning Ordinance,Article XXIH, local waters,to shuck the shellfish, Sun Lane,Southold;also referred to . Section 100-239AB for approval of <,and to deliver or ship the scallops as Lots 1 &2 on the Subdivision deck within 75 feet of bulkhead<:",:r and/or conches for wholesale distri- map of"West Creek Development" along Hog Neck Bay. Lot is non-„: bution.Scallops.and conches to be. filed July 6,1937 as County File No. conforming as'to lot arcs,in this R delivered fqr off-premises consume 1236.County Tax Map Parcel ID 40 Zone District.Location of Prop aion or aales'7ane District:Agricnl- No.1000 76-1-1. etty:30 West Lake Drive and 2505 'tural-Corse"ryatton'(AC):,-hocauon 7:45 p.m. Appl. No. 3.988 = Little Peconic Bay Lane,Southold, " ;of Property:;157.5 Lowe `R. d ANTONIO VANGI.Variance to the NY;County Tax Map Parcel ID No:' Southold,N.Y.County Tax Map Par ; Zoning Ordinance,Article"XXIV, 1000-90-1-25; Cedar Beach.Park i •cel No. 1000-69-5-13.2.Continued Section 100-244 and Article XXIII, Lot No.125,fled Map No.90. from November 1,1990 Section'100-239.4,for permission to 8:35 p.m. Appl. No. 3981.t Thr Board-of Appeals will at said construct garage addition with a set PHYLLIS RAYNE BYER.Variance : time and place hear any and all per back of less than 100 feet from the: to the Zoning Ordinance,Article I]!,.. :,�'..sems or representatives desiring to be top of the bluff along the.Long'.: Section 100-30A(1),as disapproved,. heard in'each of the above matters. Island Sound and with side yards at for approval of second dwelling '; ::Written oomments may also be-sub- less than the required 15 feet and 20 apartment unit,as exists.Building as'::;'; :,:•mined prior to the,conclusion.of the"; feet.The dwelling as exists is non = exists contains two dwelling units -":subject hearing.Each hearing will � orming as ro total sideyards,and and retail store in this Limited.Busi- not start before the time allotted. .. the lot arer-andar Hess(LB)Zane District.-Lot is non-' ,,Additional time-for your pre conforming in this R-40 Zone.Dis= conforming as to lot area,width and ..,;, sentation will be available,if need-` trict.Location of Property:645 Glen depth.Location of Property:Comer. ,= , .ed For more.information,please can f Court,Cutchogue,NY; Vista Bluff ;of South Side of Main Road and the �65-1809..... :.Map No.5060,Lot N1;County Tait ;East'�Side `''of Bay 'Avenue, "`;Dated:Notember9,1990 ` a Map Parcel ID No.1000783-1-7. Cutchogue,NY County Taa.map BY ORDER OF THE SOUTHOLD ::.7:55 p.m.Appl.No.391P—H& Parcel IO No.,1000-85-3-2.1.> TOWN BOARD OF APPEALS 'S ASSOCIATES by Sanford Frie- 8.45 p.m. Appl. No. 3973 " GERARb P GOEHRINGER -marm. Variance to the Zoning Ordi- JOHN AND.-ROSE MILAZZO . CHAIRMAN Hance,Article X.Section 100-102�� Variances to the Zoning Ordinance. $y Lin di Kowalski (Bulk Schedule)for approval of in= t 'Article XXIII,Section.100-239 4 6867 17NI5, sufficient frontage(lot width) (as ;;_-,,.,;;.;'(a�lt/a 100 239d(B)} And Article exists) along the Main Road of pro XXIV,Section 100-24411 for per 7 posed Lot N3 and for approval of mission to locate,addition,and re -,_insufficient lot-depth of proposed-Lot :construction of dwelling structure >! #2,div in .t.thhi pending minor sub= with setbacks: (a)at less than the '- M2n d for approval of access required 75 feet•from the bulkhead according to New York`:Town.Law, 4� (b)at less than the required mmi' Section 280A over a private;right-of-r ;mum 35 ft rear yard at tts'closes<� way.Zone Districts:B-General Aqd-. point,acid (c)at less than=the re s_ 4,#grbVtura1:Cansetvagon � fi� gmred 10 R and..15 ft triinimum ` _Y Location of Property:Noah Side: • ` STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal. Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 15 day o f November 1990 Principal Clerk Swom to fore me this day of 19 k6� 4% - a . ; o LP AF 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 DATE: OCTOBER .16, 1990 RE: ZONING APPEAL NO. 3983 - JANET MALONEY Transmitted is an application for a variance submitted by Michael J. Hall for JANET MALONEY - ZONING APPEAL NO. 3983 together with a letter from Donald M. McGayhey; two pictures of bulkhead and landward area; Notice to Adjacent Property Owner; a survey map of the property; Short Environmental Assessment Form; Zoning Board of Appeal Questionnaire; a copy of Certificate of Occupancy; a copies. 'of deeds. 00&45• � -- Southold Town Clerk 1 October 16, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application for Variance Premises: 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SCTM# 1000-90-1-25 Gentlemen: I am the attorney for Janet Maloney (formerly. Janet Burgnoli) , the owner/applicant in the enclosed application for a variance for the approval of an existing deck at the above premises. Pursuant to Article XXIII, Section 11-239.4B of the Southold Town Code, a variance will be required to obtain a Certificate of Occupancy for this existing deck because it is located within 75 feet of a bulkhead. Accordingly, I submit herewith the following documentation for your review: 1. Variance application (in triplicate) ' 2 . Notice to Adjacent .Property Owners Form with Proof of Mailing of Notice 3 . Short Environmental Assessment Form 4. ZBA Questionaire 5. One (1) Print of Survey (without modifications) and Three (3) -copies of survey showing existing deck drawn to scale Board of Appeals October 16, 1990 Page Two 6. Copy of Certificate of Occupancy 7. Copy of Current Deed 8 . Dated Photographs of Bulkhead and Landward Area 9. $150.00 Filing Fee (check #1161) payable to "Southold Town Clerk" 10. Letter of Authorization to Donald M. McGayhey, Esq. as attorney for applicant (to follow) 11. Contract of Sale for Pending Sale of House It would be greatly appreciated if this matter could be scheduled for your next public meeting. Please do not hesitate to contact me if there is anything else needed to complete this applic ' on. Ver tru yo rs, Do ald M. McGayhey DMM:sgm encs. cc: Michael J. Hall, Esq. Y7 /5�6�765-'J56 October 17, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Variance Application (Maloney) .Premises::, 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SCTM,f 1000-90-1-25 Sirs/Madam: Per your requestthis date, I enclose herewith the Notice of Disapproval issued by the Building Department. Thank you for contacting me on this. Very ul you s, Do ld McGayhey DMM:sgm encs. cc: Michael J. Hall, Esq. ,11-16•4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 t SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Janet Maloney (fmly Janet Burgnoli ) " Malone deck variance 3. PROJECT LOCATION: Municipality Southold county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 30 West Lake Drive and 2505 Little Peconic Bay Lane Southold;. New York SCTM# 1000 Section 90 Block 01' Lot 25 5. IS PROPOSED ACTION: :IaNew ❑Expansion ❑Modification/alteratiori 6. DESCRIBE PROJECT BRIEFLY: variance for the approval of existing deck located within 75 feet of .bulkhead 7. AMOUNT OF LAND AFFECTED: Initially 4 6 5 s c�. f t. xx Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial '❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes El No If yes,list agency(s)and permit/approvals Letter of Non-Jurisdiction-NYS DEC Certificate of Occupancy-Building Department Waiver-Southold Town Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes :allo If yes, list agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ,Na CERTIFY THAT TH ORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n M. McGa he , Esq. , attorney for Date: v a Signatur . If the action is in the Coastal Area. and you are a state.agency, complete the. �- Coastal Assessment Form before proceeding with this assessment OVER (Continued , on reverse side)' I , The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project .and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary., (c) If all questions have been answered No it is likely that the project is not significant. , (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes -mNo 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 _2LNo 4. Will project have a potentially large impact on groundwater quality? _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No ` 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes X No ` 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes. X No 13. Will project have any impact on public health or safety? _Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than •5 :percent over 'a one-year -. Yes X No period or have a major negative effect on the character of the commu 1 y or neighborhood? 15. Is there p c .co rov rsy concerning the project? Yes X No Preparer's Signa Representing: Janet Maloney ------ fka Janet �� 2BA v/75 Date. QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITIi YOUR APPLICATION FOai•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? 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 Q 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 ]o 4. Are there any existing or proposed fences, concrete barriers, decks, etc? es 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 To 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 ©o 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)'? Yes 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 �Ia Town Board Yes o Town Trustees Waiver No County Health Department Yes , o Village of Greenport Yes `V N.Y.S.D.E.C. LPt er of Non-Jurisdiction es 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)see attached es No 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes V�o 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?Waiver for existin -Ye No 13. Please list present use or operations conducted uponeck the subject property at this time Residential and proposed same as ahnvP Please sab ographs for the record. I cer.tif above statements are true and are being submitted forrelia ard of Appeals in considering my application.Donald Psi. McGayhey, Esq. Attorney for Owner Sig tur (1_ xt XX Authorized Agent) 1/88 WETLANDS (Amended 8-26-76 by L.L. No. 2-1976; 3-2G- - 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps. meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh • subject to such tides and upon which ,►rows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: (1) "Freshwater wetlands"as defined in Articic 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, f 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." FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19431 Date OCTOBER 11, 1990 , THIS CERTIFIES that the building ONE FAMILY DWELLING 30 WEST LAKE DR. & Location of Property 2505 LITTLE PECONIC BAY LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No.' :1000 Section 90 Block I Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the..Requirements for a Private One Family Dwelling built prior to: APRIL 9,-.1957 pursuant to which ', CERTIFICATE OF OCC. #Z-19431 dated OCTOBER 11, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING The certificate is issued to JANET MALONEY fmly JANET BRUGNOLI (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-608494 - JULY 7, 1983 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/81 Liar"uo- 0P4GE O• � ._ � � �dB� v J r�'4Slandard N.Y.B.T.U. Form 8002—2-73, 'gain and Sala Dead with Covenant against Grantor's Acts—Individual or Corporation(single sheet) t CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of October nineteen hundred and eighty BETWEEN BARBARA ANN MANGO, residing at 293 Tennis Court Road, Cove Neck, New York 11771, party of the first part, and JOHN J. BRUGNOLI and JANET BRUGNOLI, his wife, both residing at 201 East 25th Street, New York, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration 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, 'situ- ate, lying and being haxlt>K at Bay View in the Town of Southold, County of Suffolk and State of New .York, known and designated as Lot No: 125 on a certain map entitled, "Subdlivision Map, Cedar Beach Park, situated at Bay View, Southold N.Y.", and file.d..in the Office of the Clerk of the County of Suffolk on December 19, 1927 as Map No. 90 . Subject to any state of .facts an accurate survey or personal -inspection may show. ' Together with Rights., covenants and restrictions in Liber 1852 cp. 291 and reservation for utilities in Liber 1566 cp 325 and otherwise . The Premises are situate at 30 West sake Drive, Southold,, N.Y. 11971 The party of the first part is the same person as the Grantee, the Certified Owner herein, Barbara Ann Mango, by deed .dated: 12-13-74 recorded: 12-17-174 in Liber 7768 cp. 189. On the premises herein being conveyed, there has been executed by the party of the second part and delivered herewith, a purchase money mort-. - gage in the sum of $105,000.00, which mo ge is similarly dated and was executed by the party of the second- nd for part of the consid- eration as referred to herein for which this conveyance was made . It is intended that this Deed and the Purchase Money Mortgage shall be recorded simultaneously. Dist. 1000 Sec . 090 .00 Blk. 01.00 Lot 025.000 • TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any strects `oa' �. •.; and roads abutting the above-described premises to the center lines thereof;TOGETHER'with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND i 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 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 con- sideration as a trust fund to be applied first for the purpose of paying the cost of the impro+•ement 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: STATE OF NEW YORK. COUNTY OF -sag as. STATE OF NEW YO' OUNTY OF w; On.-the ity day of October 19 80, before me On the day of 19 , before me personally came personally came Barbara Ann Mango 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 sane. MUi?RIS KRUK Nr tart'".Public. State'Of New.York NO. 3U•7374650 Qualified in N ssaiu counu r„ 3U.44m STATE OF NEW YORK. COUNTY OF as: STATE OF NEW YORK. COUNTY OF p; 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 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. . Bargain una bale Derb WITH COVENANT AGAINST GRANTORS ACTS SECTION 0 90.00 TrrLE No. 'BLOCK 01.00 LOT 025 .000 Barbara Ann Mango . COI INTY OR TOWN of Southold, suffolk Cty. TO U u , , job i�i>,E (I �+�� +;f. L >lcr.rl John J. Brugnoli and Janet Brugnoli, his .wife Recorded at Request of Americaa Tide IYturame Cmpmy RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by �- Wayne J. Price, Esq. 1975 Hempstead Turnpike East Meadow, New York, Ormr.1can ' a insurance company 11554 . NEW YORK DIVISION zip No. A Member o/ the Continental lnsuranre Companies >rL�40l��� t too c 8599 �lif."VLF; •'.'JU�ti�'Y �_...--'{��i�{�1_�Yt�C;.. ,I $-----1_ REAL E51-,V f OCT - ' 19K THAT 41�3'FER i AX. a SUFFOLK COUNTY srtualtuuJ r+uornsu/ roJuruJJuoJ +41 fu +rywr/y � Form 8041• Contract of Sale . COPY WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE ANT PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAR ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the even., of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311. of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty lost; upon taking of title to or possession of the premises. Date: CONTRACT OF SALE made as of the /03 4L day of , 19 90 BETWEEN JANET MALONEY, formerly JANET BRUGNOLI, as surviving Parties: tenant by the entirety of JOHN J . BRUGNOLI, who died on September 27, 1986 Address: 2 Thomas Drive, Colchester, Vermont 05446 hereinafter called "SELLER", who agrees to sell, and JOHN L. FRANCO and JOAN FRANCO Address: 21 Carman Lane, St. James, New York 11780 hereinafter called"PURCHASER", who agrees to buy: The property, incltidink all buildings and improvements thereon (the "PREMISES") (more fully 'described on a Premises: separate page marked"Schedule A') and also known as: Street Address. No# West Lake Drive, Southold, New York 11971 Tax Map Designation: 1000-90-1-2.5 Together with SELLER'S interest, if any, in streets and unpaid awards asset forth in Paragraph 9. Personal The sale also includes all fixtures and articles of personal property attached to or used in connection with tht Property: PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER fret and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges. refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting, and including microwave oven. Excluded from this sale are: Furniture and household furnishings, Purchase 1. a. The purchase price is Price: $ 260, 000. 00 payable as follows: On the signing of this contract, by check subject to collection: = 26, 000. 00 By allowance for the principal amount still.unpaid on EXISTING MORTGAGE(S): —0— By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: 8 —0— BALANCE AT CLOSING: = 234 , 0 0 0. 0 0 b. If this sale is subject to an EXISTING Cv10RTGAGE,the Purchase Money Note and Mortgage will also provide that i will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended o' modified in good faith: The Purchase Money Note and Mortgage shall he drawn on the TICOR TITLE GUARANTEI COMPANY standard form by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax,recording fee: and the attorney's fees in the amount of$ for its preparation. c. If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in Paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. d. If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc., SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. t r'2 The PREMISES wil nveyed subject to the continuing lien „dCISTING MORTGAGES "` as follows: ir, ( ) Mortgage now in the unpaid principal amount of $ and interest at the rate of m< ;`, Q'per cent per year,presently payable in installments of $ which include principal,interest, and with any balance of principal being due and payable on SELLER hereby states that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING. Acceptable 3. All money payable under this contract, unless otherwise specified, shall be either: ands a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank,'trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of Five Hundred and 00/100------------($ 500. 00 ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "Subject to" 4. The PREMISES are to be transferred subject to: Provisions: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not.violated by :the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. Title Company 5. SELLER shall give and PURCHASER shall accept such title as TICOR TITLE GUARANTEE COMPANY Approval: or any reputabl a title eanpant ll be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. Closing 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this Defined and contract, includin the ayment of the purchase price to SELLER, and the delivery to PURCHASER of a Form of Deed: bargain & sale w�overkant vs. grantors acts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. Closing 7. CLOSING will take place at the office of M ie ha el J. Ha 11, E sq., 10 5 0 You ng s Date and Place: Avenue, S uthold, New York at 10: 0 0 aa'oloae on or a bou t Septenber 21 , 19 90 Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Marion King Realty (Carl Austin) $13, 000.00 and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). Streets and 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or Assignment highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes Unpaid any right of SELLER to any in award by reason of any taking by condemnation and/or for any damage to Awards. the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. Mortgagee's 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days Certificate before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording certif in the or Letter as g, y� g to Existing amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for Mortgage(s): recording such certificate. If the holder of a mortgage .is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. Compliance 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or with State requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, and Municipal fire health and labor conditions affectinghe PREMISES at the date hereof. The PREMISES shall be transferred Ywlati nsnt free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with and Orders: any authorizations necessary to make the searches that could disclose these matters. Omit if the b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of Proper C Not New York prior to CLOSING and payable in money shall be discharged by SELLER at CLOSING. This provision New York: shall survive CLOSING. Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessments: annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be uaid by SELLER at CT.OSTNG. RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF SALE BETWEEN' JANET MALONEY, AS SELLER, and, JOHN L. FRANCO and JOAN FRANCO, AS PURCHASERS IT IS EXPRESSLY UNDERSTOOD that the sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, and it is not bound by any statement, representations or information that may have been made to the purchasers by anyone, pertaining to the premises herein unless specifically set forth herein. The purchasers hereby acknowledge that no such representations have been made and they have personally made a thorough inspection of the premises, are familiar personally with the condition of same and agree to accept same in their present condition " is" less fair wear and tear, except that plumbing, heating,/WffTdl ical systems shall be in working order at the AM4c9losing4..; a base- DELIVERY OF DEED: It is specifically"understood and ' agreed that the acceptance of the deed by the purchaser shall constitute and be deemed and considered full compliance by 'the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by the seller in writing at closing of title. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements, restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, ' ib effect, now or at the date of the closing of title. However, purchaser shall not be required to take title if such state of facts shall render the title unmarketable, or if said covenants., agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises. CONTRACT DEPOSIT: ,The down payment hereunder shall be held in escrow by Michael J. Hall, Esq. , the attorney for the seller, as escrow agent until . closing of title which amount is to be applied to the purchase price. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the seller hereby authorize the escrow agent, in the event they. become involved in any litigation by reason of the Contract of Sale, to deposit it l / with the Clerk of the Court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened with litigation, .to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court, all funds deposited with it hereunder and thereupon the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. The escrow agent shall have no duty to invest any of the funds deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action or failure to act demonstrates bad faith. In the event that the escrow agent is directed to deposit said contract deposit into an IOLA Fund, as more fully set forth by the laws of the State of New York, then in that event, the above paragraph shall be of no force and effect and the escrowee is hereby authorized to deposit said funds pursuant to said law. Any acid all interest earned shall be paid to the party entitled to the down payment. OBJECTIONS IN TITLE: The purchaser agrees to deliver to the seller's attorney, atleast ten (10) days before the date set for the closing of title, ' a statement of any alleged defects, encumbrances or objections to title, except those subject to Which by the terms of this agreement, the premises are to be conveyed or which may be expressly waived herein. At seller's request, seller shall be given a reasonable adjournment of the closing to permit seller to endeavor to eliminate such defects, encumbrances, or objections. If the seller is unable to eliminate such defects, encumbrances or objections, then the purchaser may either (a) accept title subject to such objections, defects or encumbrances without any abatement in the purchase price and without any claim for damages; (b) reject title, in which latter event seller shall return to. purchaser, all money paid hereunder, together with the net title company fees as actually charged plus survey and thereupon, this agreement shall be null and void without further liability of either party to the other. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the seller should be unable to convey a good and marketable title subject to and in accordance with this agreement, the sole obligation of the seller shall be to refund the purchaser's down payment made hereunder and to reimburse the purchaser for the cost 'of title examination, plus survey, if any, and upon making such refund and reimbursement, this agreement shall wholly cease and terminate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall holly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render to title to the f,- premises marketable. The purchaser may, nevertheless, accept such title as the seller may be able to convey, without reduction of the price or any allowance or credit against the same and without any other liability on the part of the seller. The term "cost of title examination" is defined for the purpose of the agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed the net amount charged for title examination of the property without issuance of policy. NOTICES: Any notices to be given under this contract may be given by or to the respective attorneys: Seller: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 Purchaser: Peter Costigan, Esq. 105 Main Street Port Jefferson, New York.. 11777 ASSIGNMENT: This contract shall not be assigned by the purchaser without the written consent of the seller. FOREIGN PERSON: (a) Seller represents that he its not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tak on Dispositions Of U -S. Real Property Interests", and agrees to deliver at closing an affidavit stating under penalty of perjury the transferor's U.S.. taxpayer's identification number and that transferor is not a foreign person. Security (b) Parties shall set forth their respective Social y (TIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1986, and shall execute at closing the title company form' of report. CAPITAL GAINS TAX EXEMPTION: (a) The parties agree to execute any documents required in connection with exemption of the transaction from New York State Real Property Gains Tax, and if any tax be due, to furnish a portion of the monies due at closing in form acceptable to the County Clerk for the payment of same. Seller shall be responsible and pay for any such tax which may be found due. (b) This contract may not be assigned so as to avoid reapplication requirements of the above. CAPITAL GAINS TAX: (a) Purchaser and seller agree to comply timely with the requirements of Article 31-B of the New York Tax Law and all regulations of the Department of Taxation and Finance ("State Tax Commission") applicable thereto (collectively, "Gains 'Tax Law") in good faith and in such manner as to avoid any Postponement- of the closing as herein provided, of the recording of the deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, if applicable, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. THE PURCHASER, at its own cost and expense, shall have the right to have the premises inspected for active infestation or damage by wood-destroying insects and to have any well water analyzed for potability. Such inspections shall be made by a reputable company within twenty (20) days from the date a fully signed copy of this contract is post-marked to the purchaser's attorney. In the event said inspections reveal active infestation and/or damage by such insects or contaminants in excess of the New York State limits for potable water, the Purchaser will deliver to the Seller, post-marked within ten (10) days of such inspection, a statement by the inspection company setting forth the nature and extent of the condition or damage and an estimate, as to the cost to exterminate the insects, repair any damage,.- and/or reduce contaminants to potable limits. The Seller, upon receipt of such statement, shall have the warranty customarily given by the company doing the work. If the ., seller refuses to have such services performed, the seller shall notify the purchaser and the purchaser shall have the right to cancel this. contract and obtain a refund of the down payment. The purchaser may, in the alternative, elect to waive these conditions and continue with the contract. If the purchaser shall fail to conduct timely inspections or fail to serve timely notice, the provisions of this paragraph shall be deemed waived and the purchaser, at its own cost and expense, shall be solely responsible to provide any termite or water certificates as may be required by any mortgagee or insurer of the mortgage. CERTIFICATE OF OCCUPANCY: Seller shall furnish a Certificate of Occupancy or equivalent thereto covering all structures presently on the premises requiring same. In the event that a current survey .is required by the municipality in order to obtain said Certificate of Occupancy or equivalent, it shall be the responsibility of the purchaser to provide - such survey at purchaser's cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. CONFLICT BETWEEN RIDER AND PRINTED FORM: In the event of any conflict between the provisions of the printed form Agreement and this Rider, the provisions of this Rider shall be paramount and prevail. PROPERTY ASSOCIATION: Seller agrees to pay all dues and charges which may be owed to any property owners association or similar organization pro-rated to the date of the closing. SCHEDULE A — Description ALL that certain lot being at Bay View inplot , or Southold , and , parcel of land , situate , lying and State of New York , known and designated as Lot No. 125 , on County of Suffolk and map entitled , "Subdivision Ma a certain View , Southold , N. Y. " , and filedCinatheeach 0fficerof situated Bay County of Suffolk on December 19 , 1927 as Map No. 90. f the .... aa16 AWRiw,Ag ate to be appor'fioned as of midnight of the day before CLOSING: (a) Rents as and when colleetpd. (b) Interest on EXISTING MORTGAG - . (c) Premiums on existing transferable insurance policies and rei ;e of those expiring prior to CLOSING. Taxes, water charges and sewer rents, on the basis of theme F_=1 for which assessed. (e) Fuel, if any. (t)-vault charges, if any. / If CLOSING sFali occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. / Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 1l'ater Meter 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) Readings: days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. Allowance 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of for Unpaid any unpaid taxes, assessments, water charges and sewer rents, together with an interest and es thereon to a Taxes,Etc.: date not less than five(5) business days after CLOSING,provided that official bills therefor computed ena lto said date are produced at CLOSING. Use of 16. If there is. anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, PricePurchtoe SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may paydeposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; Encumbrances: but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. Affidavit as 17. If a title .examination discloses judgments, bankruptcies or other returns against persons having names the to Judgments, same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing Bankruptcies Eta: that they are not against SELLER. Deed Trans/er 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Receding recording of the deed, together with any.required..tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to -be delivered to the appropriate officer promptly after CLOSING. Purchaser's 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the Lien: PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Seller's 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability Inability to shall-be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, Convey (ii) any appropriate additional searches made in accordance with this contract and Limitation , (iii) survey and survey o) inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER Liability: nor PURCHASER shall have any further rights against the other. Condition 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale ro ere : and is thoroughly acquainted with their condition.. PURCHASER agrees .to purchase them "as is" and in their Property: present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Entire 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. Agreement: It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. Changes 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind Must be in the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties Friting: hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. AlsSingu o Means lar 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may Plural: require it. SEE ATTACHED RIDER AND SCHEDULE A J L. F CO SOCIAL SECURITY NUMBER JOIJ FRANCOI SOCIAL SECURITY NUMBER JANET MALONEY V SOCIAL SECURITY NUMBER OVER § 100-243 SOUTHOLD CODE § 100-244 / l`§ 100-243. Nonconforming buildings with nonconforming uses. I § 100-244 ZONING § 100-250 A. A nonconforming building containing a nonconforming use Lot Yard shall not be enlarged, reconstructed or structurally altered or Area width Depth font Side Both Sides Rear moved unless the use of such building is changed to a (square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet) conforming use. 20,000 20% 120 140 40 15 35 50 to 40,000 B. A nonconforming building containing a nonconforming use ss than 20% 80 100 35 15 25 20,000 l which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be C. In the case of single and separate ownership of a nonconform- repaired or rebuilt unless the use of such building is changed ing lot located in a subdivision plat, approved after April 9, to a conforming use. 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front,side and rear yard and area dimensions § 100-244. Nonconforming lots. were required at the time the map was originally filed-.with the County Clerk of Suffolk County. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this § 100-245. Repairs and maintenance. Article and that were singly and separately owned as of the effective date of this Article. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of B. A nonconforming lot separately owned and not adjoining any any building or the carrying out upon the issuance of a building lot or land in the same ownership at the effective date of this permit of major structural alterations or demolitions necessary in the Article and not adjoining any lot or land in the same interest of public safety. ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this § 100-246. Involuntary moves. chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the Sections 100-241A and B and§ 100-243A herein are not ir�ended to changes of title to said lot, which abstract shall be in the usual apply to involuntary movements of uses or structures as a result of form, shall be certified by an attorney or a company regularly condemnation actions or other litigation. doing such work in Suffolk County or by a corporation duly - licensed to examine and ensure title to real property in Suffolk ARTICLE XXV County and shall contain a certification that no contiguous Site Plan Approval property was owned by an owner of the property involved �1 pp since the date of any previously applicable Zoning Law. Such [Added 1-10-89 by L.L. No. 1-1989; amended lot shall be granted relief for front side and rear yard 5-23-89 by L.L. No. 9-19891 dimensions as follows: § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 10144 2-25-89 - 10145 7-25-89 I n ,aif .. ,� � s Hill Ira Io ■h 'w4�220'm i�ire -�+� �I,►i �' '�! � � �;�,� ��I►�� .��-Iasi--����•*�� ..��-- I' ilia r �. .•PINK WN � fie► W 1.9 A(d � s• i ¢ \ •• / Iz " D4 i r } b e OF t SOUTNOLD t.J A(c) , kppp oy �vP luxo[.i:woix R _ n•1 •.. fUP p b. 5�P j SANOP/PER VAS/A, .x J W Stu • (e0112 p r Ir a g Q A 0 ° la 1 a� �' \\1• mP I• TOWN OF 5o(1TIIDLO �EDgR/ PD 6 , TOWN O, z e�gi '• f ,x. /ryT ...•. 1[wo�xrUTFbLD -+'' •. g A.eAkl A zza ^• W. Iw t.OA(.t > �VCI la , lulo[xrAr[x LAxP) ° �' as " .. y Y • \�� `. WEST ° z° (SO) LAKE S? ¢• .: `p ,,: f " iJ Le \•` �r 10 A� It _—_—_��_—� •• I cep4R /f LD 65�� r° \� o�[ .. zf r s•' T°rx,. •.0 u.l ! EpK L° A' \Q`)ee 0 If •n " ,g s°UTWLO •� •. LA 4 zJ Y z0.1 • '"D,xor+r[r[+ Ax.l,• I 1 ! v Lq KE zo 21 a a fJJ'l `:�+— I r,. F DR. W. pot t• h3'1 f ° f •<i _7 I /e }f 20 tI- ..� n, Y .° Iz I.IAkI Y I I: .. ; IYA(I 1 If ... mn 1 1 r .. I..I e k e �_ NECK .BQY `G_ • ' ..J--...T�•..� SEE SEC.NO.In ........ ALL • eacoL�r rx le.). - ieeui o: x .wxli A�r"rix . YY]BEL !••l.n.AN M1 vAxx Legend t4RE%,IR. LI.< Csw LL. I¢L A, a x.I.P.Y.L,a D:.w<Cr.Ow�� —� .I•.D:<xM Llr AAi.I, L. T.LI.< __ Li..__.R.__ SAI�n<In L.W. ILI KEY MAP Ll 48n,w,F�.,.I,�y �� vnITL4 LIB,,DI<Pln w �r--_RArw DI•xl<,Lla_�.R._. bNDYw L. — °'`'"` O )'' © COUNTY OF SUFFOLK TorNDF sou. LI.. P"e,l lb. k<IN DI..uI.I, )}'< ) D o.. a Real Property Tax Service A �LI so t..,•ij.,':r^,±.,.i' --•)___3•YI.I,I.I eI.It► RIl J}A(q oM oa ' SG EYI lEFr °`�:•.•,•.�++.._ C<I<.InN Mn 1}A 1<I Agency VILLAGE aF w:...e.",,µ�,w;•i,...a.=:rn... _ _ I)) Co°nlr Center �« Riverhead,L.I.,New York DISTRICT110. 10( ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Janet Maloney f/k/a Janet Burgnoli NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Dolores Holman el-. _ PROPERTY OWNER Mr. and Mrs. Joseph F. Zev�ts Clyde G. Bailey 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 your property and is des- cribed as follows: 30 West Lake Drive & 2505 Little Peconic Bay Lane, Southold, New York Suffolk County Tax Map No. District 1000 Section 9.0 Block 1 Lot 25 3. That the property which is the subject of such Petition is located in the following zoning district: District R-40 4 That hN such Petition, the undersigned will request the following relief: variance for approval of existing deck located within 75' of bulkhead 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIII Section 100-239.4B [_ ] _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: October 15 , 1990 Janet Maloney f/k/a Janet Burgnoli Petitioner Owners ' Names : same as above = Post Office Address c/o Donald M. McGayhey, 'Esq. P.O. 981, Youngs Avenue, Southold, N- Y.. 11971 Tel . No . (516 ) 765-1411 [Copy of sketch or plan showing proposal to bea � o convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS e. Dolores Holman 114-20 Queens Blvd. , Forest Hills, N.Y. 11375 ;`il I Mr. and Mrs. Joseph F. Zevits 2470 Rosset Street, Fort Lee, N.J. 07024 Clyde G. Bailey P.O. Box 784, Lancaster, CA 93534 P 676 973 336 --- p 329,25 547 P 676 973 335 — �ECENp INSURANCE cOVrG RTIFIED MAIL RECEIPT FOR CERTIFIED MAIL C�iPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL ERAGE PRO`IDDED NO INSURANCE COVERAGE PROVIDED , D INSURANCE COVERAGE PROVIDED (See Reverse) NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL o `Sent to (See Reverse) Clyde G. Bailey (See Reverse) 0 Sent to `T street and No ,7 8 4 { Mr . &Mrs .Jose h F. Zevi s o m p , p . Box i 6 ilores Holman 93534 IT treat nd No. F p.,Stale and ZIP GodeCA T /� Rosset St . nd2N� ° Lancaster , S Queens Blvd . P.O.,State and ZIP Code (I Postage . 25 a Fort Lee , NJ 07024 itate and ZIP Code V? I (rest Hills , NY 113, • 85 d Postage $ Certdied Fee rri . 25 be $ Certified Fee . 25 special Delivery Fee 5 'ad Fee , Special Delivery Fee . 85 85 Restricted Delivery Fee ' it Delivery Fee Return Receipt showing Restricted Delivery Fee Fted Delivery Fee o whom and Date Delivered Return Receipt Showin a Return c�4��j�n wyom. to whom and Date Delivered I Receipt Showing ° Date ress of1' ` Im and Date Delivered y F•.aests. S1 . 1O cm Return recei hom, 3 TC I".Postage ifJ®� Go Date,an i 1 . 1 0 �recelpt showing to whom, -� U tnd Add livery CD a TOTA age arjAees td $ a F,stmark or�+�j3J ti da nd F $ a°i fir, o Post or Da '� 1 . 10 Mbat E orDat I Is ------------- _ _-- _ ✓ LL d ° OD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Donald M. McGa he Es . residing at 1050 Youn s Ave. Southold New York I Y Y� q , r ding � , being duly sworn, deposes and says that on the -IS day of Ci'a -.P , 19,9�, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the ited States Post Of- fice at Southold, New York ; that said Notices were mailed t ach f said persons by (certified) (registered) mail. j Do ld M.,,McmGayhey Sworn to before me this day of October 19 9 Xry/Pulylic RAOIA L11IIALL NOtllry Ito Nwybk In Suffolk ON CO.tntl4845536 comma,6qkn Fibs 204719 ( This side does not have to be completed on form transmitted to adjoining property owners . ) i if /Oct to } f .Bulkhead and landward area/K (facing east-10/15/90) Bulkhead and landward (facing west-1p/15/90�areanla9_ �3��3