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Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO, JR. Appeal No. 3846: Upon application of CHESTER AND JOYCE SKWARA for Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North Side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application of CHESTER AND JOYCE SKWARA under Appeal No. 3846; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The subject premises is a described parcel of land containing a total area of 1.767 acres with 398. 0 ft. lot width ' along the north side of Wells Road, Peconic, Town of Southold, is identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 1, Lot 14, and is improved with a single-family dwelling structure situated in the most westerly section of the property. 2. Under jurisdiction by this Board in this application is the requested lot area of proposed Lot No. 1 of 40,000 sq. ft. and proposed Lot No. 2 of 36,992 sq. ft. The existing dwelling will remain on Lot No. 2, as shown on the May 11, 1988 Map of Set-Off prepared by Roderick VanTuyl, P.C. Page 2 - Appeal No. 3846 Matter of CHESTER AND JOYCE SKWARA Decision Rendered June 29, 1989 3. The subject premises is located in the R-80 Low-Density Residential Zone District. Lands contiguous to the north and northeast are zoned R-80. Lands contiguous to the west are zoned R-40, containing lots of a similar or smaller size than that proposed ( 40,000 sq. ft. or less) . Lands located to the south, on the southerly side of Wells Road, also consist of lots containing a lot area 40,000 sq. ft. or less and zoned R-40. 4. Article III, Section 100-32 and Bulk Schedule, of the Zoning Code for this requires a minimum lot area of 80,000 sq. ft. and 175 ft. width for each newly established parcel in the R-80 Zone District; Article III-A, Section 100-32-A, Column ii of the Bulk Schedule requires a minimum lot area of 40,000 sq. ft. and 150.0 ft. width. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, this is the only parcel remaining in this residential community which is substantially larger than those existing; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) that in considering all of the above, the interests of justice will be served by granting the variance, as applied. ACCORDINGLY, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was Page 3 - Appeal No. 3846 Matter of CHESTER AND JOYCE SKWARA Decision Rendered June 29, 1989 RESOLVED, to GRANT the relief, as requested, under Appeal No. 3846 in the Matter of the Application of CHESTER AND JOYCE SKWARA for insufficient lot area of Parcels No. 2 and 1, containing 40,000 sq. ft. and 36,992 sq. ft. , respectively. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN M N 0�';,inti 1A =` Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No: 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. t•• i i Page 2 - Notice of Hearings Southold Town Board of Appeals - Regular Meeting of June 29, 1989 7 :35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk' s Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000., Section 125, Block 2, Lot 1.14. 7: 40,`p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article ILIA, Section 100-30A.3, as disapproved) for permission to construct. deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene' s (East) Creek. Lot area is nonconforming at approximately 8,200 'sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue� NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42) ; Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7: 50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A. 4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - .Notice of Hearings Southold Torn Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article ILIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved) , for permission to locate proposed. new dwelling with an insufficient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,41.7 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333 .97 feet from the north side of North Bayview Road) , Southold, NY; County Tax Map District 1000, Section 77, Block 3 , Lot 18. Page 5 -.Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8: 00 P.M. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A. 4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARDN Variances to the Zoning Ordinance, Article III , Section for approval of insufficient lot area of proposed Parcel and No. `2. Lot area is nonconforming in this R-80 Zone at 76,970 sq. ft. Property location: North side of Wel Peconic, NY; County Tax Map District 1000, Section 86, B Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. ' Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI) . Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18) . 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning.Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback- from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No.. 3856 - JOHN AND MARIAN BOPP. Variance to the .Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 3862- - HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article ILIA, Section 100-30A. 4 for permission to locate accessory building in an area .. other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8: 40,,p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 300 (as disapproved) , Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30) . Page 8 - Notice of Hearings Southold Town. Board of Appeals Regular Meeting of June 29, 1989 8: 45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. 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: June 14, 1989. 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 . . . . . . . . 8 . . . ., 19 �. . To c t)�c ,w,�, !.J��'c�.o�„?'f I( ,a, ,.��. CDiu.I- .,I, . . . . . . . . . . . . . . . . . . . . . . . . . .� �-lam:.i}?•l.1. , ��.�.�?-:-. . . . . . . . . . . PLEASE TAKE NOTICE that your application dated -ti.°`�`"`'� . ?-2 . . . . .. for permit to . �v... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. at Location of Property 7. ?. . . W s .s. . �. . , , , , , e. x t L House No. Street . . . . . . . . . . . . . . . . .Hamlet County Tax Map No. 1000 Section . . . o�. . . . . . Block . . . . . . . Lot . . . ).. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . QJi. c ..-1� ova c c. , /9:0.-A?- . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 TOWN OF SOUTHtLD, NTW—YORK oE( � IVED APPEAL FROM DECISION OF BUILDING INSPECTOR 4;:ac) ,p^ APPEAL NO. MAY 1' 1989 DATE ....`,f. ... TO THE ZONING BOARD OF APPEALS, TOWN O F " B__ Nye 1 (We) . w ra 31 Chester Skwara & Joyce Sk 7Y1210 Wells R .o ...... . oad . .. ... ................................. Name of Appellant Street and Number Peconic, Town of Southold N.Y. .................................... ..........HEREBY APPEAL TO Munisipality.................................... ..........State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....FPb Vary. 28, ,,1989 WHEREBY THE BUILDING INSPECTOR DENIED TO Chester Skwara and Joyce Skwara ................................................................................ Name of Applicant for permit of WP-1.1.s...RA.441................ e.c:Qu Lc.........................ISp.V .yA :k.................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY f ( x) Permit to Set-off 1. LOCATION OF THE PROPERTY .Wells„Road,,, Peconic Residential Low Dens. A .......... ...................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 86 Block 1 Lot 14 Current Owner Chester Skwara & Joyce Skwara ....... ........... ........................................... .. . . Ma N�A N No. Lot No. /A : Prior Owner Katherine Skwara, Antone SkwarA 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 III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was 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 we would like to divide this 76 , 992 square foot parcel with one house into two separate parcels, one with the house, containing 36 , 992 square feet, and the other to be vacant, containing f 40 , 000 square feet. Form ZB1 (Continue on other side) - ;:,, TO\OVIV OF SOUTHOLD eigOPERTY RECORD CARD r, OWNER �� STREET VIL GE DISTRICT SUB. LOT FORMER OWNER N , E ACREAGE / S W TYPE OF BUILDING RE . V SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS ' ...,(A D AA �rv-� S�o 0 7 �o t� ✓ ��9 ? _ .o—a /�3�Fy -�; �'' �, ,..l r. t�Ge /J.GL� %• r a'' �_ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD r y Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland c �, ` Q L a' d v Swampland Brushland - House Plot Tota I 411119 9 _„fir x " '4• s ��` .# � ::j3 "" _ b t i 44T , MEMO WM= 1■NNIME ■ ��r14�� f+ 3 t:.c'= r• ro!; ,a_�!t „�. ..^fi�°s�;_:ns�m„� ■■■■■■■®■�■L•1/.■� �:�`�-- R -�� --��.:;�.�,'�" ■■■■■■■■■■■fib■■■■■■ ■■■■■■■■■■■■■■■■■■ Y _ * • ., 4 ■■■■■■■■■■■■■■■■■■■ 1 re M, ,�Ounclation,, , Basement I • Ext. Walls / . Interior - • i Fire Place. 0 r• Rooms 1stFloor 'Rooms 2nd Floor • •• Driveway • _F y? T • � - r_��' _ - y.,!'-0 to 1,; i I l-= I� !'� . � � 1 r i � � i• `ti, r OFF NEB` 41 At' - , -•— - --- �----- --- - _ A___._ ----- -- --- -- ,...___ ,. .�; <<::,,c��.ic?*JG c��ZE'�E:;�' ��ti s 2s6�`° AND LACKAND LOW • - .: I I ��._.M BAY Z �b ADOPTED JANUAR` - AP 101ZONING M--. t� 1 7 I �� iLi - Uj J �- S UFFOLK COUNTY MAS TER PLAN UPDATE PREPARED BY PARISH 8, WEINER, INC.- PLANNING AND COMMUNIT` -1• ` P _ t ORI`1 4— � �P 1 d �:�'�, `•.\ � \ ` - Pon \\ R-v0 offal GoOWMIft A IW OZu �\ t WENR1 \ \ •� ` LB R480 _ Lg �110A7 LI LI I •� V1 t II 1 1 R-80 I `� 1 t I R • "E, \ \\ 1 VE,p NO. \, i I �— R-�80 j R°°°'' R-80 /A—� \ \ .,N I E R-80.,,E t R-4 P,—G r a 40 R-80 '' j I R-8d ; s R-80 i R-80 W A—r �s•0C �1 R° a �. �ol �(• Bay � �y �1Olt R 3 c� ! Iruoo.uK i V 7j1 I � ! O ., • 19 LITTLE PECON/C BAY COUNTY OF SUFFOLK 2�. :g 4, PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ 360-5206 DIRECTOR OF PLANNING July 25, 1989 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) Chester & Joyce Skwara 3846 Very truly yours,. Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.L. NEW YORK 11788 (316)360-5192 Southold Town Board of Appe a* 1s (,� 1a7 s �K.fa wry MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Pursuant 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 , Article III , Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3846 Applicant : Chester & Joyce Skwara Location of Affected Land : North side Wells Road, Peconic, NY County Tax Map Item No . : 1000- 86-1-14 Within 500 feet of: Town or Village Boundary Line X Body of plater (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 approval of pp q g Pt& kRRkRXxkft insufficient lot area of proposed Parcels No. 1 and No. 2 . Copies of Town file and related documents enclosed for your review. Dated : 7/.2,//89 FOur { Southold Town Board of Appeals . MAIN ROAD -. STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. July 20, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3846 - Skwara (variance) Dear Karen: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Planning Board, Building Department and any other involved agencies for approvals as may be necessary. Copies of this decision have simultaneously been transmitted to the. Building Inspectors' Office and Planning Board for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Suffolk County Department of Planning - 9'✓ rely JAMES A.SCHONDEBARE „_ ``` %=:• Town Hall 53095 Main Road TOWN ATTORNEY 8 = f a a s P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON � ASSISTANT TOWN ATTORNEY a "' , TELEPHONE (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD32000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. ea-t"� 61-11 Stype Brothers Real Estate, In MAIN ROAD, MATTITUCK, NEW YORK 11952 . (516) 298-8760 7 4 L6, M ,III • June 28, 1989 Gail Wickham, Esq. Wickham, Wickham & Bressler P.C. Attorneys at Law Main Road; P.O. Box 1424 Mattituck, New York 11952 Re: District: 1000; Section 086; Block 001. ; Lot 0014.000. Owner(s) of Record: Skwara, Chester & Joyce North Side of Wells Road; Peconic, New York 11958 Dear Ms. Wickham: Attached you will find the letter of opinion you requested with regard to the above referenced property. K This letter of opinion is prepared in order to reflect market value of the subject property as it exists now as well as value of the subject property if it is approved for a subdivision as follows: Parcel No. One consisting of 'a one acre wooded vacant lot. Parcel No. Two consisting of a .85 acre site with dwelling. R.spec, ly ub Jt ed, ADS:lp drew D. Stype, C.A.R. att. Stype Brothers Real Estate, Inc. i Property Description This concerns a real estate appraisal of property owned by Chester and Joyce Skwara. The subject property is situated on the north side of Wells Road in the Hamlet of Peconic; Town of Southold; County of Suffolk; State of New York. The subject property is Zoned R-80 which calls for 80,000 square feet per homesite. Currently the property is listed under the Suffolk County Real Property Tax Rolls as one lot identified as follows: District: 1000 Section: 086 Block: 001 Lot: 014 The total area consists of 1.8 acres and the current owners are looking to subdivide the property into two lots. There is currently a dwelling on the property. This is a Ranch style dwelling with three bedrooms, and two baths. There is approximately 1,600 sq. ft. of living space. The dwelling is approximately twenty-five years old. There is a full basement with an oil hot air heating system that is used for heating the house. The house is insulated. The house is in excellent condition. Site The entire property consists of 1.8 acres. The owner(s) are proposing a two lot set-off of the property. Parcel No. One is to be one acre in size, and unimproved. Parcel No. Two is to be .85 acre with the Ranch style dwelling. Both of these parcels are heavily wooded and level. The immediate area is residential, and many sites are one-half acre to one acre in size. The property is located in the Southold School and Fire Districts. Water is provided by a private well and there are private cesspools. The highest and the best use of the property would be as a two lot subdivision. This type of subdivision would provide the greatest value to the property. It is in this appraiser's opinion that the Fair Market Value of the dwelling on the 1.8 acre (as one parcel) as of June 28th, 1989, would be as follows: $255,000. The Fair Market Value of the dwelling on a .85 acre lot, as of June 28th, 1989, would be as follows: Parcel No. Two $210,000. Site continued: The Fair Market Value of the one acre vacant, wooded lot, as. of June 28th, 1989, would be as follows: Parcel No. One $115,000. The total Fair Market Value of Parcel No. Two and Parcel No. One, as of June 28th, 1989, would be as follows: $325,000. Value of Parcel No. One and Parcel No. Two if subdivided would be. . . . . . . . . . . . . . . . .$325,000. Value of Subject property including dwelling on 1.85 acre of land as one parcel would be. ... . . . . . . . . . . . . . . . . .-$255,000. Loss of value if the property is not subdivided would be. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70,000. June 28, 1989 cot Andrew D. Stype, CJrR. 1988/1989 Assessed Valuation and Taxes Land. . . . . . . . . . . . . .2,000 Total. . . . . . . . . . . . . .7,600 Taxes. . . . . . . . . . . . .$3,003.69 With Combat Veteran's Exemption. Taxes without Combat Veteran's Exemption would be as follows: $3,197.01 Zoning R-80/Residential 80,000 square feet per homesite Market Data Approach Comparable No. One. Hinderman to Steiner Vanston Road; Nassau Point, New York 11935 Date of Sale: January 31, 1988 Sale Price: $265,000. Split Level Three Bedrooms Two and a Half Baths Twenty-Eight Years Old Oil Hot Air Heating System Very Good Condition Approximately Eighteen Hundred Square Feet of Living Space. Approximately One and a Half Acres This is a very good comparison to the subject property on the entire parcel as a 1.85 acre piece. However, this comparable has a larger house and a large two car garage. This comparable also has Deeded Beach Rites. Market Data Approach Comparable No. Two McKercher to Milby Christopher Street; Southold, New York 11971 Date of Sale: December 16, 1988 Sale Price: $210,000. Cape Cod Four Bedrooms Two Baths Approximately Thirty-Five Years Old Oil Hot Water Heating System Approximately Sixteen Hundred Square Feet of Living Space. Approximately One-Half Acre Wooded Lot. This is a good comparison to the subject if it is situated on Parcel No. Two, or on .85 acre. Market 'Data Approach Comparable No. Three. Adel to Saywell Bayview Drive; Southold, New York 11971 Date of Sale: April 23, 1988 Sale Price: $115,000. This is a one acre vacant, and wooded lot. This is a very good comparison to Parcel No. One of the subject, which is a vacant one acre wooded lot. •L 1 R l... - e L \ son F&RCIL No •. \ L D WTCM IYC L ' P sct SEC"a Ora �• 0•.07• 1.4 '1 v Siva oa • .� adoat ,sr v'. o ti. �Q. e v J OJo • O �' 1DA ♦ Ado •f.f711a1 10.6 +: .•f.� M L.SKaS t 1 ;. 0 �• i t. so \A• by 6A woo e ^ • TOWN OF SOUTMI t� • Liµ, a I.j�le `•' AD \. r • J t• \ i • `' •. •r fI�' 79.4•lal ' ` \ t 72r rya It ' •' lWMMrr[a\R•DI Ala •i ',/ 7aV e J 72.f .� 'MS i•� REEK 'F�Gvyp� •.• 1. `, ` S I — Solt. t�0 •tfla tt • 1• Taal ,,;, u • DO i0 t• 1 S • .« ...' to • M If FOR P&ML In SW NO.065 -05-011 \ t• r •\��7fla fl \• l• '�K,\ ;t \Ofµ \ •.r C M.t 'm'ow I `•i•1 IMtS t•��'a, v �� t.tAld FOR MIICtI Y0. 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P wMaA i r < ..• / YS{ 4f !. ,,ryzj "'� ;..•-a� r�, E 0 VT CL wAIER ..}. v. �,. �n'L �`0 2 ; �t"7G',r..�+,> •`Ey' 'h�e �,'� ..y-c, .rc`et'���y Lti' - >-� �t .t' x .''JS -k' t ``_� y� "` •yT%4 .'YL`5y_hc.x'as�,�h.��a`�°ra'z'c't'�+�, - 'i. '7 a''"'-�c-.... Yi.- -. fie ..,` u .F; �L r f fK"s��?.Y: t �}i°�s. iL C� •i s F3.'�ti�'�M�•r � Fri-._.. �...1 �4.ya�"z \- .� 'T i 1 ^.'v l y$f�, 4-<.. a 2 _�� •.7•.,13;:t'�'t,,.Crz T7 LA4s- X r r wr ..tr 1 i :..K - AeSP •": - i 3 is ".. v t r ^.�b-.ice� t t .t X°SsS�',s �+�* i �,�� ^ 2 -1_` 7 .�i S� r v. � :f: z � °:"1 :zs''.•� .r S Fes. " ,+t i � r{`i.r?14 F'�.!rj��jv� f t v� - s y -r-"r�4 ,y�,�"•�,�h . 1.� �y t 2 'a, � rt�k to .,S i -�f a '•.y4�9! "�: �!-+,t v� A"''*4 yrft a,� t _ �,`" - r<- _.1`. t ixl`�Y ,,xr Liz .:, �: "��s. .:.,. �-` _ Y r z fr ,i'T'""k i 5 3 a, �. 'r'"r ,.•-t"' af> ' 4 "'•'- ram ?-. i T 'S P ..�. t, t� ., '� ._ 7't ' r✓ fr R^-�fPk tt- t§�' `,r_?-e_Z RvZs - - - r•'I-•i+ ^'y. ... f..�4.` ..{[ `�-^Ltr.�+. fa: `y .C. f...s.,�r3-�.-.-.. Qualifications of the Appraiser I, Andrew D. Stype, age 40, certify that I have been in the Appraisal Business for Fair Market Value since 1978. Since that time I have completed over four hundred Real Estate Appraisals for Residential Properties, Farm Properties, Lots and Business Properties. I am currently the President of Stype Brothers Real Estate, Inc. and I have been in this position since 1983. The business was purchased from my father, Val W. Stype, who had started the Real Estate and the Appraisal business back in 1966. I have personally engaged in the purchase and sale of Real Estate on the Eastern End of Long Island for investment. This experience has helped me to determine market values. Currently Stype Brothers Real Estate, Inc. is an active sales office involved in the sale of new residential properties, resale properties, farm properties, waterfront properties, and business properties. We maintain a full-time sales office, and in addition, offer consultation and auction services. Currently, our office covers an area from Calverton to Orient. Qualifications of the Appraiser continued: New York State Licenses and Certifications: Completed S.R.A. Course No. 102 October 1988. Completed S.R.A. Course No. 101 February, 1988. Registered Mortgage Broker with the N.Y.S. Banking Association 1988. Designated as Approved Appraiser for Suffolk County by the County of Suffolk; Department of Real Estate since 1987. Designated as Certified Appraiser Residential- C.A.R. since 1984 by the American Assoc. of Certified Appraisers. Member of the New York State Society of Real Estate Appraisers since 1982. Licensed Real Estate Broker since 1980. Licensed Insurance Broker since 1972. Licensed Real Estate Salesman since 1971. Candidate Member S.R.A. of the Society of Real Estate Appraisers. Qualifications of the Appraiser continued: Real Estate Organizations: Member of the Suffolk County Real Estate Board: Member of the Eastern Suffolk Board of. Realtors. Associate Member of the Columbia Society of Real Estate Appraisers. Member of the National Baord of Realtors. Member of the New York State Board of Realtors. Joyce Section:District: 1000 1•• ' 4 C • 11 Lot: 014.000 Is� Parcel No. One: 1ne _ Vacant Wooded Lot. Am a y f 9'." 1:•I ..�,� "4 fir~ L Parcel No. • .85 Wooded Improved • with dwelling. Our ag z ; Southold Town ®f Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 zpeci f eA i„ tho ncreTt � � -++^n � ��+ � brought iiy d'ur311g the .,r� ���...� �.� her_ aim uesLivns 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 NOTICE OF HEARINGS NOTICE IS HEREBY confer at approximately f 8:10 p.m. Appl. -3843- Article XXIV,Section 100-244B, GIVEN, pursuant to Section 8,200 t. in this R 40 Zone I ADAM ASSOCIE , Vari- and Article XXIV, Section 267 of.the.Town Law and the District.rroperty location:630 1 ance to the Zoning ordinance, 100-242(A) concerning exten- CO U NTY OF S U F FO L K Code of the Town of Southold, Oak Street, Cutchogue,• NY; Article VIII,Section 100-82 for sion of nonconforming side and ss: the following hearings will be County'Pax Map District 1000,- I approval of insufficient lot area II front yard setbacks. Lot area is I t' STATE OF NEW YO R K I held by the SOUTHOLD Section 136, Block.1, Lot 42.1 and width of proposed Lot No. 1 nonconforming at approximate- 'DOWN BOARD OF APPEALS (includes 41 &42); Subdivision 4 (which is located in the LB ly 9961 sq. ft. in this General `'- at a Regular Meeting, at the of Eugene Heights,Lot Nos.28,, Zone District)as shown on the Business(B)Zone District.Pro- Southold Town 'Hall, Main 29 and half of 27. subdivision map pending before i perty location: Corner of the Patricia Wood, being duly sworn, says that she is the Road, Southold, NY 11971, on 7:50 p.m. Appl. No 3841 the Southold Town Planning 1 South Side of the Main Road Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, THURSDAY, JUNE 29, 1989, PHILEMON AND BAR13ARA Board.Property location:North and the East Side of Sigsbee at the following times,. DICKERSON. Variance to the Side of C.R.48,Mattituck,NY, Road, Mattituck, NY, County a public newspaper printed at Southold, in Suffolk County; 7:30 p.m. Appl. No. 3841 Zoning Ordinance, Article County Tax Map District 1000, Pax Map District 1000, Section and that the notice of which the annexed is a printed copy, GERARD W. GAUGHRAN. XXIV,Section 100-244,and Ar- Section 113, Block 12, Lot 10. 1 143, Block 2, Lot 1 (or 1 and Variance to the,Zoning Ordi- I ticle IIIA Section 100-30A.4 8:15 p.m. Appl. No. 3840- has been published in said Long Island Traveler-Watchman nance, Article VII, Section (Article III, Section 100-31 as ESTATE OF JENNIE HAR- 308:45 p.m. Appl. No. 3797- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks 100-72 (Article III, Section Disapproved March 2, 1989)for RIS. Variances to the Zoning j FISHERS ISLAND UTILITY 100-31 under the previous zon- I permission to construct acces- Ordinance,Article XIV,Section I COMPANY, INC. Conclusion L ing code)for permission to con- sory storage building in an area 100-142 (Article III pia ., Section of written portion of hearing, successively, commencing on the struct addition(s) to existing other than- the required rear 100-31 as Disapproved) for ap- rescind prior resolution render- single-family dwelling structure yard.Lot area is proval of insufficient lot area ed February 9, 1989, and com- j with an insufficient rear yard of approximately 16,800 sq. ft. and width of two proposed par- mence deliberations concerning d ay 19 • • • • • setback from the northerly pro- in this R 40 Zone District. Pro- it cels,each with an existing dwell ' � Y p } g a Variance to the Zoning Ordi- *�- perty line:Lot area of premises + perty location: 3220 Delmar 1 ing.Zone District:Light Indus- nance, Article III, Section- . . . . . . ./ is nonconforming at 25,634 sq. Drive,Laurel,NY;Laurel Coun trial (LI). Property location: i 100-32'(previously 100-31) for ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' • ' ' ' ' • . • . ft. to this R-0 Zone District., try Estates Lot#36;County Tax North Side of C.R. 48 Cutch- approval of insufficient area of Location of Property: 49925 Map District 1000,Section 125, I ogue,NY;County Tax Map Dis- two proposed parcels in this Main . Road, Southold, NY, Block Lot Lot 14. trict 1000, Section 96, Block.l, pending division of land. Pro- County Tax Map No. 1000-70- 7:55 p.m. Appl. No. 3838- Lot 18.1 (18). I perty aocation: West Side of 5-2. JOSEPH D. CAVANAGH and 8:20 p.m. Appl. No. 3855- 1 Crescent Avenue and the North ' Sworn to before me this . . . . . . . . �'�.. . . . . . . . . day of 7:35 P.M. Appl. No. 3850. DAVID CICHANOWICZ. BARBARABRUCH. Variance ! Side of Central Avenue,Fishers ROBERT GABRIEL. Variance Variance:to the Zoning Ordi- to the Zoning Ordinance,Arti- Island, NY: County Tax Map Section 100-32 and Sec- 100-244 and Article IIIA, Sec- �! permission to locate new dwell- District 1000, Section 6, Block cle III, to the Zoning Ordinance,Arti- nance, Article XXIV Section cle XXIII Section 100-239d for S 6, Lot 20.4. tion 100-13,as Disapproved,for tion 100 30A.3(Article III,Sec- mg structure with an insufficient I j The Board of Appeals will at permission to construct new tion 100-31 as Disapproved),for setback from existing concrete dwelling upon Lot"#1 in this I permission to locate proposed I seawall along Arsham said time and place hear any and omaque I all persons or representatives de- Subdivision known as"Map of new dwelling with an insuffi- i Pond. Property location: 80 siring to be heard in each of the Q: Richard J. Cron;' County dent front yard setback from ( Beverly Road, Southold, NY; above matters. Written com-. Clerk's Map No. 7975, filed ! the northerly property line and 1 County Tax Map District 1000, ments may also be submitted Notary Public 9/30/85, said lot having an with an insufficient reaz.yard i Section 52, Block 2, Lot 39. insufficient width at the propos- setback from the southerly pro-_ _ prior to the conclusion of the BARBARA A. SCI-INEIND 1 8:25 p.m. Appl. No. 3836- - subject hearing. Each hearing ed building setback line. Pro- perty line..Lot area is noncon- JOHN'AND MARIAN BOPP. I will not start before the time al- NOTARY PUBLIC, State of New York perty location: West Side of forming at 8,417 sq.`ft. in this Variance to the Zoning Ordi- I. Y { No. 4806846 g Totted.Additional time for our' Aldrich Lane, Laurel; County R 40 Zone District. Property nance, Article XXIV, Section I I . presentation will be available,if Qua!iiied in Suffoil,Coon TM *���T*�*-��* + cP�tinn I location: 1375 Private Road 1-A 1 I 100-244 for.permission to con- I 9 Lot 1.14. ! said lot extending 1333.97 feet needed.-For more information Commission Expires ��3��a � 125, Block 2, � ( g struct deck addition with an in- . please call 765-1809. 7:40 p.m. Appl. No. 3848- from the north side of North sufficient rearyard setback.Lot i Dated: June 14, 1989. CINDY RUGGLES.Variance to Bayview Road), Southold, NY; area is nonconforming at ap- i BY ORDER OF the Zoning Ordinance, Article County Tax Map District 1000, proximately 13,500 sq.-ft.in this THE SOUTHOLD TOWN XXIV,Section 100-244.(Article Section 77, Block 3, Lot 18. RO Zone District. Property BOARD OF APPEALS IIIA,Section 100-30A.3,as dis- 8:00 p.m. Appl. No. 3847- location: West side of Maple I GERARD P. GOEHRINGER approved) for permission to JOHN R. AND JEAN P. ED- Street, Mattituck, NY; County CHAIRMAN I 1 construct deck addition with an LER. Variance to the Zoning Tax Map District.1000, Section By Linda Kowalski insufficient rearyard setback. Ordinance,Article IIIA,Section 140, Block 3, Lot 24. 1X, 6/22/89 (1) l Lot area is nonconforming at { 100-30A.4 for permission to 8:30 p.m. Appl. No. 3862- approximately 13,300 sq. ft. in locate accessory building in an HAROLD AND HATTIE { ^ this R-40 Zone District.Proper- 1 area other than the required rear STETLER.Variance to the Zon- i ty location:1150,Nakomis Road, yard. Property location: 3030 1 ing Ordinance, Article IIIA, Southold;County Tax Map Dis- Cleaves Point Road, East I,! Section 100-30A.4 for permis trict 1000, Section 78, Block 3, Marion, NY; County Tax Map sion to locate accessory building i Lot 15. District 1000,Section 38,Block in an area other than the re- 7:45 p.m: Appl. No. 3844- 2 Lot 32; Marion Manor Sub- quired rear yard.Property loca- j DR. AND MRS. IRA WECH- division Lot.No..4. tion:670 Wiggins Lane,Green- TERMAN. Variances to 'the 8:05 p.m. Appl..No. 3846- port,NY;County Tax Map Dis- Zoning Ordinance, Article I 'HIE TER AND JOYCE trictport 1000, Section 35, Block 4, 1 XXIII, Section 100-239d, and SKWARA. Variances to the 28.7. J Article IIIA,Section 100-30A.3 1 Zoning Ordinance, Article III, 8:40 p.m. Appl:No. 3808- i4 (Article III, Section 100-32 as ;. Section 100-32 for approval o GUNTHER MORCHE L. Disapproved on March 9, 1989) 1* insufficient lot area of propos- Variances to the Zoning Ordi- for permission to construct deck i d Parcels No. 1 and No.2.Lot nance,, Article X, Section addition with an insufficient set- I area is nonconforming in this back from the rear property line ? R 80 Zone District at 76,970 sq. 100-102 for permission to con- struct addition with an insuffi- and an insufficient setback from ft.Property location:North side , cient rearyard setback and lot the existing concrete block re- of Wells Road, Peconic, NY- coverage.in excess of maximu taining wall along Eugene's County Tax Map District 1000, limit of.30% (as disapproved), (East) Creek. Lot area is non- I1 ection 86, Block 1, Lot 14. Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Mr. Robert Gabriel, 12 Harrison Avenue, Bellport,. NY 11713 Mr. and Mrs. -Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del. ) Mr. and Mrs. Philemon Dickerson, 3220 Delmar 'Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 .Xaren Hagen, Esq. for: (a) Chester and Joyce Skwara and t u) ZsL. a of Jei7ii e Ha=r s WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner` s Bay Construction Co. , Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 b70 pi /l91/L/ T Road i-n kw_ c , feet from the north side of North y NOTICE OF HEARINGS Bayview Road),-Southold, NY; NOTICE IS HEREBYEN County Tax Map District 1000,Sec- `r -�, , lion 77,Block 3,Lot 18. pursuant to Section 267 o own 8:00 p.m.Appl.No.3847-JOHN Law and the Code of the wn of R.AND JEAN P.EDLER Variance Southold,the following hearings will to the Zoning Ordinance, Article be held by the SOUTHOLD TOWN DIA Section 100-30A.4 for pemus- BOARD OF APPEALS at a Regular sion to locate accessory building in Meeting,at the Southold Town Hall, an area other than the required rear Main Road,Southold,NY 11971,on yard: Property location: 3030 follot�irtg times: .THURSDA DUNE 29,198 at the Cleaves Point Road, East Marion, 7:30�° "'Agpl.No.3841 -GER- NY; County Tax Map District 1000, ARD WIG, Variance to Section 38,Block 2,Lot 32;Marion the Zoning Ordinance,Article VII, Manor Subdivision Lot No.4. - Section 100-72(Article III, Section 8:05 p.m. Appl. No. 3846 - 100-31 under the previous zoning �CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, code) for permission to construct Article III, Section 100-32 for ap- 4 additions)to existing single-family proyalI'of insufficient lot area of pro- dwelling structure with an insuffi- r posed Parcels No. 1 and No.2. cient rear yard setback-from-the northerly property line. Lot area of area is nonconforming in this R-8 d premises is nonconfomting at 25,634 Zone District at 76,970 sq.fa Prop- sq. ft. in this R-O Zone District. erty location: North side of Wells Location of Property: 49925 Main Road,Peconic,NY;County Tax Map Road, Southold, NY; County Tax District 1000,Section 86,Block.1, Map No.1000-70-5-2. Lot 14. - 7:35 _p.m. Appl. No. .3850. 8:10_ p.m. Appl. No. 3843 STATE OF NEW YORK) ROBERT G,4BRIEL.Variance to the ARAM ASSOCIATES. Variance to 'SS: Ordinance,Article III,Sec- the Zoning Ordinance,Article V1II, tion 100-32 and Section 100-13,as Sermon 100-82 for approval of insuf- COUNTY OF SUFFOLK) Disapproved,for permission to con- struct new dwelling upon Lot N1 in posed Lot No.4(which is located in of Mattituck, In this Subdivision known as "Map of the LB Zone District)as shown on Richard J. Cron," County Clerk's the subdivision map pending before Map No.7975,filed 9-30-85,said lot the SAlrthold Town Planning Board. said County,being duly sworn,says that.he/she 15 Principal having an insufficient width at the Properrg�y location: North Side of Clerk of THE 'SUFFOLK TIMES, a Weekly Newspaper, proposed building setback line.Prop- C.R.49,Manituck,NY,County Tax published at Mattituck,in th®Tow. n of Southold,County of My location: West Side of Aldrich Map District 1000, Section 113; Lane,Laurel;County Tax Map Dis- 'Block 12,Lot 10. trio loco,section 125,Block z,Lot sas p.m. Appl.No. 3840- ES- Suffolk and State of New York,and that the Notice of which 1.14. TATE OF JENNIE HARRIS. Vari- the annexed is a printed copy,has be@n regularly published in ances to the Zoning Ordinance,Arti- weeks 7DY UG LES. rid a to t - cle XIV, Section 100-142 (Article Said Newspaper ODC@ each week for 1_ day of CINDY RUGGLES.Variance w the Zoning Ordinance, Article XXIV, �.Section 100-31 as Disapproved) Successively, commencing on the ---- Section 100-244 (Article MA,Sec- for approval of insufficient lot area T n n P 19-89 tion 100-30A.3,as disapproved)for and width of two proposed parcels, - permission to construct deck addition each with an existing dwelling.Zone Prop- with an insufficient rearyard setback. District:Light Industrial(LI). Prop- Lot area is nonconforming at _ erty location:North Side of C.R.48, g aPPr-4 Cutchogue, NY; County Tax Map irately 13,300 sq. ft. in this ti District 1000,Section 96, Block 1, Zone District.-property location: 1150 kakomis Road, Southold Lot 18.1(18). Principal Clerk County Tax Map District 1000,Sec;- 8:20 p.m.Appl.No.3855-BAR- tion 78,Block 3,Lot 15. BARA BRUCH. Variance to the 7:45 p.m.Appl.No. 3844 -DR. Zoning Ordinance, Article XXIII, i. AND MRS IRA WECHTERMAN Section 100-239d for permission to . Variances to the Zoning Ordinance, locate new dwelling structure with " an insufficient setback from existing Sworn to before MO this v' ��QP� ; i?tG^'1� ,t�ai, Article XXIII,Section 100-239d,and iVCT� `t PPi i 07 Article IHA, Section 100-30A.3 concrete-seawall along Arshamo- a maque Pond. Property location: 80 day of (Article III,Section 100 32 as Disap Beverly Road,Southold,NY;Con- proved on March 9, 1989) for pemtission to construct deck addition ty Tax Map District 1000,Section with an insufficient setback from the 52,Block 2,Lot 39. c rear property-line and an insufficient 8:25 p.m.Appl.No.3856-JOHN setback from the existing concrete AND MARIAN BOPP. Variance to block retaining wall along Eugene's the Zoning Ordinance,Article XXIV, (East) Creek. Lot area is noncon- Section 100-244 for permission to fomung at approximately 8,200 sq. construct deck addition.with an ft.in this.R-40 Zone District. Prop- insufficient..rearyard setback. Lot erty location:; 630..Ozk Street, area is nonconforming at-approxi Cutchogue,NY, County Tax Map mately 13,500 sq.&in this RO Zone District 1000,Section 136,Block 1, District. Property location: West �o9�����coG o y Southold Town Board of Appeals • �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 29 , 1989 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO. : 3846 PROJECT NAME: CHESTER. & JOYCE SKWARA 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Subdivide parcel with -one house. into two parcels LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 3720 Wells Road, Peconic, NY 1000-86=1-14 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is a lot-line variance as regulated .by Section 617 . 13, 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary', Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me v' ' ;} Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY u TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 1, 1989 Transmitted herewith is Zoning Appeal NO. 3846 application of Chester S Joyce Skwara for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; ldtter relative to NYS Tidal Wetlands Land Use; Notice-of`Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Southold Town Clerk LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD,P.O. BOX 1424 MATTITUCK,LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK 11952 ABIGAILA.WICKHAM 516-298-5300 516-298-8353 DANIEL C.ROSS KAREN J.HAGEN HUBERT F.SULLIVAN April 26, 1989 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Set-off for Chester and Joyce Skwara SCTM #1000-86-1-14 Gentlemen: Enclosed are the following in connection with the above application: 1. Application in triplicate. 2 . Notice of Disapproval from the Building Inspector. 3 . Short Environmental Assessment form. 4. Original Notice to Adjoining Owner with Affidavit of Service thereon. 5. Four (4) prints of the map. 6. Zoning Board of Appeals questionnaire. 7. Copy of Certificate of Occupancy. 8. Check in the amount of $150. 00 representing the application fee. 9. Copies of Deeds. If you require any further information, please contact us as soon as possible. Very truly yours, 7�1'&Lnd �/a� Karen J. Hagen KJH:jaw Enc. " REASON FOR APPEAL Continued i 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the zoning ordinance would permit only one odd-shaped lot. The house, built in 1958 , is on the westerly side of the lot, while the easterly side was obtained in 1968 . This leaves the easterly side virtually unbuildable, resulting in a drastic re- duction in value. 2. The hardship created is UNIQUE and is n6t shared by all properties alike in the immediate vicinity of this property and in this use district because other lots in the vicinity, except the parcel to the north, are all zoned R-40 , and have lot sizes of approximately one acre or less. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed lot sizes are in conformity with the neighborhood scheme. When the area was rezoned under the Master Plan in January, 1989, every single parcel in the area was zoned R-40 except for this parcel, which was arbitrarily excluded. STATE OF NEW YORK ) ss ........ . .............. ............ .. ..................................... COUNTY OF54 k ) Sworn to this ;�.�/ '.............. day of............ (. .!............................. 1989 Notary Public Holm ie e"s�v$e`��+`1�'�',[:S6°ti. enaazn ail FV!o. 52,r a)62V G - Sa fofiLi C¢3d nt- jeP I 11 i,—Text 12 ECT 1.0.NUMBER s 617.21 v.. SEQ Appendix C R State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM PART I— For UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or Project sponsor) t• APPLICANT/SPONSOR • Chester and Joyce Skwara 2. PROJECT NAME 3, PROJECT LOCATION: Setoff for Chester & Joyce Skwara Municipality Peconic, Town of Southold 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks.e County SUf folk etc.,or provide map) 3720 Wells Road, Peconic 5. IS PROPOSED ACTION: ®New ❑Expansion 13 6. DESCRIBE PROJECT BRIEFLY: Modificatlonlalteratlon This application is for the division of a parcel square feet into two lots, containing 76, 992one containing 36, 992 square feet and a house, and the other containing 40, 00o square feet. l 1 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 1 . 7 6 7 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANDUSE RESTRICTIONS ❑Yes 'allo If No,describe briefly ? A variance will be needed from the Southold Town Board of Appeals 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ql Residential ❑Industrial r Describe: ,0 Commercial ®Agriculture ❑ParklForest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,N STATE -FOR LOCAL)?❑N o OW OR ULTIMATELY FROM ANY OTHEA 4xi Yes - GOVERNMENTAL AGENCY(FEDERAL, If yes,list agency(s)and permit/approvals Suffolk County Department of Health Services - subdivision Southold Town Planning Board - subdivision 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes Q No 11 yes, list agency name and permit/approval 12. AS A RESULT TfOFF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes t2 No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicant/s A Slqnature: ��.. � Date: , 198 It the action is in the Coastal Area. and yo are a state a gencyp Coastal Assessment Form before proceeding with this assessmentte the u OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this fora, and an environmental review will be made Ly this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT PORM 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 chance to the project site or physically alter more than 10 acres of land? _Yes _X_NO 2. Will there be a major change to any unique or unusual land form on the site? 1. _Yes _)LNo 3. Will project alter or have a large effect on an existing body of water? Yes _X—No 4. Will project have a potentially large impact on groundwater quality? _Yes _LNo 5. Will project significantly effect drainage flow on adjacent sites? _Yes K No 6. Will project affect any threatened or endangered plant or animal species? Yes N0 7. Will project result in a major adverse effect on air quality? Yes X No S. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical envircnmental area by a local agency? Yes _X_No 10. Will project have a major effect on existing or future recreational opportunities? Yes 1( vo 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 satety? _Yes �_No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _YesN0 period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes 1110 Preparer's Signature: Representing: Date: ZBA 1/75 FORK NO. 4 *: 'c TOWN OF SOUTHOLD BUILDING DEPARTMENT =' TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY Z 11 Date June 5............ 19..�8 No THIS CERTIFIES thet the building located at N/P Wells Road........................... Street Map No. ............ .................. Block No. .M................... X-KK)g6. ...P.e,co c.,...... conforms substantially to the Application for Building Permit heretofore filed in this office dated November �•.......195.7..., pursuant to which Building Permit No .....•7+• �4 ••••, =) ,govember 6 ....19.......57., was issued, and conforms to all of the requirements dated .................................................... .;� of the applicable provisions of the law. The dccuponcy for which this certificate is issued is ............ V..e11lag............................................................................... ......... This certificate is issued to ....C.he.St-e.r...Skwaz(owner, lessee(..aw tenant) Y of the aforesaid building. '1........... ......... .. Building Inspector r • `7 L 1. i ;I. Standard N.Y.B.1'.U.Form 8007•6-67-20M—Bargain and Sale Deed.with Covenant against Grantor's Acts—Individual or Corporation. r _ 1 CONSULT YOUR LAWYER 1. N SIGNING THIS INSTRUMENT—THIS INST MT SHOULD BE USED ss BY LAWYERS ONLY. T-3385 THIS INDENTURE, made the / day of February , nineteen hundred and sixty-eight BETWEEN KATHERINE SKWARA, residing at Peconic, Suffolk County, New York, party of the first part, and CHESTER H. SK9ARA and JOYCE M. SKWARA, his wife, as tenants by the entirety, both residing at Peconic , Suffolk County, New York party of the second part, WTTNFSSETH, that the party of the first part, in consideration of - - - - - - - - - ONE ( 01.00) - - - - - - - - - - - - - - dollar,/ lawful money of the United States, and other good and valuable eonsiderationspaid 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, 0#00. i��situate, lying and being #hW at Peconic, in the Town of Southold, County of Suffolk and State of Now York, bounded and described as follows :- BEGINNING at a concrete monument set on the northeasterly line of Wells Road at the southwesterly corner of land of the party of the second part, and running along said northeasterly line of Wells Road, North 59 degrees 45 minutes 30 seconds West , a distance of 259 .86 feet; thence along land of the party of the first part , three courses : ( 1) North 30 degrees 14 minutes 30 seconds East, a distance of 175.0 feet; thence ( 2) South 59 degrees 45 minutes 30 seconds East,. a distance of 74.93 feet; thence �. ( 3) North 65 degrees 47 minutes 40 seconds East, a distance of 140 .22 feet to land of Simon; thence along said land of Simon, land now or formerly of Zaiser, and land of Sims, South 21 degrees 21 minutes 10 seconds East, a distance of 189 .05 feet to the northeasterly corner of said land of the party of the second part; thence along said land of the party of the second part, two courses : ( 1) North 77 degrees 27 minutes 20 seconds West , a distance of 100 .0 feet; thence ( 2) South 10 degrees 33 minutes 40 seconds West, a distance of 150.0 feet to the point of beginning, said premises containing 1.258 acres according to survey by Van Tuyl & Son dated January 24, 1968. i i 504 R- TOGETHER with all rig Jtle and interest, if any, of the party of ..rst part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE (Katherine kwara STATE OF NEW YORK, COUNTY OF SUFFOLK )SS: On the 7 5- day of February, 1968, before me personally came KATHERINE SKWARA, to me known to be the individual described in and Who executed the within instrument, and she ac owledgod to me that she executed the same. A � --)e Wo a 1 c. RE C O R D S ' RF.NSSF,LAFR G. TERRY, In; NOTARY PUBLIC, State of Now York Residing in Suffolk County FEB 26 No: 52•3954850 �.� Taft' rdinmiyRiau Expires March 3R, 1961 M. NORMAN E.E. a Kok Clerk of Suffolk Coin STATE OF NEW YORR COUNTY OF as: STATE OF NEW PORK.COUNTY OF BIN On the day of 19 . before me On the day'_ 19 , before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK. COUNTY OF ss: On the day of 19 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, 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. joargain ant bale 39ect SECTION WI•I'H COVENANT AGAINs-r GRANTOR'S ACTS TITLE NO. T-3385 BLOCK LOT KATHERINE SKWARA COUNTY OR TOWN TO CHESTER H. SKWARA and JOYCE M. Recorded At Request of The Title Guarantee Company SKWARA, his Wife RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TIn1 UNDERWRITERS ... Distribumd by G. TDcrk LAW THE TITLE GUARANTEE COMPANY H SOUI< r AT Y.OUTHULD, N. Y. CNA RrERED 1ee3 IN NEW YORK Zip No. V W W O Z C \ W O 2 r . us G Q vs L ag ifstandard N.l.h.1.0.1•otm 8UU)•11-))-))1\1—Warranty,Uecd With bull Covenants—individual or Corporation (sirgle sheet) L R4 � PA6f 16'� o R rli0 v {�T'IERS>QYDENIVRE,made day of November , nm l hundred and fifty-seven, BETWEEN ANTONB SKMLRA• SR- and KATMINB SKWkRA, his rife, both residing at j P e conic, Suffolk County, New York, �j it party of the first part, and tIiBST&R H. SK9VARA and JOYCB M. SKWARA, his wife, as tenants by the entirety, both residing at Peconle, Suffolk County, New York, party of the second part, py ��WTTNESSE'TH, that the party of the first part,in consideration of ten dollars and other valuable consideration •� paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs a it or successors and assigns of the parry of the second part forever, AffqaMraeP!r arcel of land situate lying and be at e t p , y g being P conic, in he 'Town of Southold, Oounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the curved northerly line of Wells Road, 3650 feet, more ji or less, southerly and westerly along said Wells Road from' the 'Main Road, said �j monument being at the southeasterly corner of land conveyed by the C.H.Wells Estate �i to Antone Skwara, Sr and wife, and the southwesterly corner of land conveyed by j; Rdw. Terrill to Arnold Sims; from said point of beginning running westerly along said northerly line of Wells Road on a curve to the right having a radius of 207.1 feet; ii a distance of 186.5 feet to a monument; thence along said land of Antone Skwara, Sr. and wife, 2 courses, as follows: !� (1) North 10 degrees 33 minutes 40 seconds Bast a distance of M.0 feet to a monument; thence (2) South 77 degrees 27 minutes 20 seconds Bast a distance of 100.0 feet to a monument and said land of Sims; thence along said land of Sims, South 21 degrees li 21 minutes 10 seconds Bast a distance of 150.0 feet to the point or place of be- ginning. jl I j i jj it I' it I� j�TOGETHER"with all right, title and interest, if any, of the party of the first part in and to any streets and i;.roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of ji the party of the second part forever. 1�AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of it the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply I the same first to the payment of the cost of.the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the jl party of the first part will execute or procure any further necessary assurance of the title to said premises; and {�that said party of the first part will forever warrant the title to said premises. ij 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. I NCE OF: (Antone Skwara, Sr.) 2 � e�T pJi.uy,� _ -d,,, (L.S.) Katherine 5kwarai 1 :I it !;; STAlii: OF hi* iukik, COunf OF ss: SfAf OF H__f1l YSRK, CUI—M-n bF On the 4� Novea! er b b'T t day of 19 , before me On the day of 19 before me personally came ANTONE SKVYARA, SR. and personally came UTHIRmNR SKYARA, his wife, to me known to be the individuals 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 the n!..'saj executed the same. 705EPH A. KRUPSKI NO%ry Public, State of New York No. 52.2211200, Suffolk County JAM I ipires March 30, 195.9 i i STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, .with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual , knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said itstrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. PLO W r �>,Pq o p p Z � d Q� • j �+ °S >o zaA a l � Y , 0 O Z H _j 41 CQ 3 �. En u LL G O UjLL Cal IHfii).j s� G_�jnS t.-� as � *G�•� Q "' r V! - W W N 1 QUESTIMMZ AIRE TO 3E CC.%1PLLTED AND SMUTTED _ SgTH 'tvU!Z APPLIC-ATION CO:UNs co 'i(IE L ARD %)1•' At'PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please be sure to depict these areas on your survev (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 No b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Foundation for Yes No residence 4. Are there any existing or proposed fences, cancrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total-. ' ' . . . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9. Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Setofyf (to be submitted upon Planning Board approval, of;._variance) Yes No Town Board Yes No Town Trustees Yes No County Health Department set off Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes ,No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time one family residence and proposed ,one family residence, sell vacant arcel Please submit photograpns for the recora. I certify that the above statements are true and are being submitted for reliance by the Board of Appe s in consid ring my application. 'Lo Signature Aeltl��� a - (Property Uwne ) uchorizeu Agent) 1/88 .C.NO.075 SEE SEC.NO.075 , L I N—�E SEE SEC,NO MATCH YLINEZ ___� AtATC N LINE --—�. �— �MATCH LINE FOR PARCEL NO. `o FOR PARCEL N0. IAI FOR PARCEL NO. OR PARCEL NO. SEE SEC.NO 075 SEE SEC.NO.075 4.5 A(cl -06-006 SEE SEC.N0.075,� SEE SEC N0.07 m ,,e• '06-007 -o6-OII -07-006 ar� .;. 12, qID • aai , a 4 . �•+•'i %A2 d . r• /`:� \ - A \ 75.64e) IS TOWN OF SOUTHOLD t a41�J Io \ '• 2e a 1$I' • :.. \50 �"1/ �' 79.4A(e) \ `/44(C - 12•Z • (UNDERRATER LAN01 \. 1'14(eJ 123 04 13 1.OA( 7m e) .vipy�yoNo . -_ CREEK ` _ A3 r✓, 26 13.1A10 f• 30 lo-_ II^ 21 A P}go- i�• ' •` �' \3 b �yP ,jg 7 1Pplc AA\cl 9.2A10 Y ?Plcl�•{ •} 2•8\ A 3 SA FOR PARCEL N0. a,•,•, o 2.1 \ _ 5. \PN :.wo 0..+ . __SEE SEC N0.098-OI-001•I% '�"'_ \\plc\ \NO a1ATCN ZL.i '� - �!• t ATCN __..�.._ LINEL 7 .••ti•.. �• MATCHL I N E ORAKR / - SEE SEC.NO.09e ,.0•• •RE WITRIN iN SCHOOL 3 LIGHT 43.44 PARK TO KEY MAP Subdl.nfon © COUNTY OF SUFFOLK TOWN ^•_--.N•-- L°I N°. pq '^•'_ R.—.� O.ad Dio im 6r 070 075 078 21, 0 TOO AOO O !a•1d Di„ i- 12•. - --- Real Property Tax Service Agency VILL: OB! 0.6 0E7 SCALE IN FEET n D.d 12A(d) County Center DISTF N°• (21)) cela°1°.— .°dA 17Ak) 09" Riverhead, L. L, New York Dar.. �GIs � i�■ raw � �� �,- a t ►. i 1 • I `n a �� '• ���.�� � _�.. _'� .� ,���g� ,fir� ��11'�����i, . . • MOM BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: Richmond Creek Associates 29 Park Avenue, PROPERTY OWNER Manhasset, New York 11036 John R. Mehrman, 83 Circuit Road, Bellport, NY 11713 Rev. John Agria, Wells Road, Peconic, New York 11958 Charles John Cain & Mary Louise Cain, 396 Rock Road, Glen Rock, N.J. 07452 ' YOU ARE HEREBY GIVEN NOTICE: 1. That ' 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] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: prapt-rty of C}1P_stRr 4kwara antJ Tn ,r.,- 4kT�ara nn Wells Rnc1-,d Peconic, New York bounded North/Mehrman, Agria and Walsh, South and East/Wells Road, West/Richmond Creek Associates 3. That the property which is the subject.of such Petition is located in the following zoning district: Residential Low Density A I 4. That by such Petition, the undersigned will request the following relief: To divide a 76, 992 square foot parcel with one house into two separate parcels, one with the house, and the other to be vacant 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 10 0-3 2 [ ] 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:Apr/ 2 OJ, Petitioner Owners ' Names : Cheste Skwara & Joyce Skwara Post Office Address 3720 Wells Road _ Peconic, New York 11958 Tel . No . ( 516 ) 765-2741 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] ® V 8138 954 938 DTICE P 808 954 939 ; ' RECEIPT FOR CERTIFIED MAIL CE IP7 RECEIPT FOR CERT F�b MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NAM NOT FOR INTERNATIONAL MAIL I NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) Sent,to Richmond Creek Assoc. Yolll°n R. Mehrman S e t and No Park Avenue Street and No- 83 Circuit Road P St to and ZIP Code NY 11713 + Ilan asset, NY 11030 1 P.O.,State Postage S I Postage S Certified Fee Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt showing to whom and Date Delivered to whom and Date Delivered I rn L °0 Return Receipt showing to whom, ^� ap Date,and Address of Delivery rn Return Receipt showing to whom, Date,and Address of Delivery a TOTAL Pa e S�� 5 °� � TOTAL Postage an es����� Postm rk Date v` n Go � �� Postmark or D E �`a� l i E �� E {\ c �s` o � / IL y 4.S >, !L j Charles Cal . _ _ Sent to aem u p, r i a Mr - & Mrs . Mrs. John g ROad Street and s- 39et anROck We11s Road N J 07452 P.O.,State and ZIP Code P.O.,State a�ndOCkCode n sPec S Postage Postage I Certified Fee I Certified Fee special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing I Return Receipt showing I I to whom and Date Delivered Ln to whom and Date Delivered to whom, I Return Receipt showing to cO Return Receipt showing ivery Date,and Ad a -T Date,and Address of D r `Yjy c � b c TOTAL x� d-Fe.�o J I j 3 TOTAL Postage and s ���5� �rk or Date q� o Postmark or Date r��� �y p Postm ( � �, ap ..7(�� STATE OF NEW YORK ) CIO, 1� ` I E`o (r J,7��, COUNTY OF SUFFOLK ) . 0 °R. n> u_U. - tA - --- qqyq TwW residing at being duly sworn, deposes and says that on the a7 day of I( , 19 0 , 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 j names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of 1 face at R00044CL. ; that said Notices were mailed to each of said persons by ( ifi (registered) mail. ACV Sworn tF®r this 2&i43 day of" , 19 Notar Public REN J,STREMn Notary Public,State of NewyQ* No,4927029 nuslified in Suffolk County CQMMW bon Fxpiras March 21.19L6 (This side does not have to be completed on form transmitted to adjoining property owners . ) ZC.No.O P5 SEE SEC.NO.075 LINE MATCH _llNtiZ ___� .MATCM LINE SEE SEC NO. ``�'� HATCH LINE }'. FOR PARCEL N0. '^ Id o : FOR PARCEL N0. FOR PARCEL N0. OR PARCEL N0. SEE SEC.NO 075 SEE SEC.NO.075 m 4,5A{cl -06-008 -06-007" SEE SEC.NO.075�; SEE SEC.NO07 Q.� 4j _ v 1.2 d b lA� y,A \ 73.6A(e) Ate. ,D•µ 8 � . . . jerA � 4 I TOWN OF SOUTHOLD 28 79.4A(D) \ a 144f,, - T22 (UNDERr TER LAND) P4 V 4(c IO.OA(0 gi�yoNO C REEK / o r' 4 Q: �\ D AQ 60 ZZ 25 26 y lcl c. i•� - SSA o�- IS.IA el 9 ( `� /' a' �^30 10"' 11^ •21' p+�pP i Ta.; .1d, _ 6 yyi' L9dlG ,ti aao: A"LTp lcl 1 ^ \+4 y ,15 29 7 plc\ `OO _ \2 pPle A lc\ 9.2AIel ? 1•i• 3•Z lcl, .S .} Sp\c\ , O 0 i 789 Jl ,} FOR PARCEL NO. A•r.., o i Z.T \ - S. PN -__ 4 'v110 PO. 'c __SEE SEC.N 098-01-0U 1.1:`i•u".a..a lc\ 10 4ATCH LINEX - _ LINE BYNTap 0 . SEE SEC.N0.098� .A � ARERE rlrHINln THE SCHOOL S /IRE__2B LIGNT____1i;44.____ . PARK TO 6Y Subdl. KEY HAP © COUNTY OF SUFFOLK rotlN Ln.•__.N___ bloa LAI N•. (34) . ••'— R--._ D.d Pm•nuell or4 oTs ore z � D ' zoo � 400 p S..I.d Di—i- A7•> o, — - Real Property Tax Service Agency VILLA O2 OB6 04T SCALE IN FEET 77 D•.J A- 17A Idl - County Center DISTR: 'N Rt) Col-I—dA— 12Am) 09p Riverheod, L. L, New York Dar.o