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HomeMy WebLinkAbout3745 4 r Southold ��Town Board of A eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 -J 4q. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS = -soTj JOSEPH H. SAWICKI Appl. No. 3745. Upon Application of JOSEPH SPITALIERE/JOHN C.W. CAMPBELL for a Variance for Approval of Access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side . of Cedar Beach Drive (just 'south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000- 90-4-14 . and 19. WHEREAS, a public hearing was held on July 14, 1988 in the Matter of the Application of JOSEPH SPITALIERE under Appl. No. 3745; 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 Approval of Access pursuant to New York Town Law, Section 280A, over a private right-of-way extending from the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly direction 724.52 feet, thence in a curve (radius 114.57 ft. ) , and running thence southerly 150 feet, more or less, to the subject lots. 2. The vacant lots to which is access is requested are identified on the Map of "Cedar Beach Park" filed December 20, 1927 Map No. 90 , as Lots #42 and #44, and on the Suffolk County Tax Maps as District 1000, Section 90, Block 4,. Lots 19 and 14, respectively. 3 . This application does not reflect a formal request for access to any other lots in this vicinity, and this determination is made on the basis of two additional (new) dwellings on both the subject lots. Page 2 - Appl. No. - 3 i Matter of JOSEPH SPI..-.LIERE Decision Rendered August 18, 1988 4. Upon inspection of the right-of-way in question, it has been found that most of the presently traveled portion is at a width of 8-10 feet and the base "is in fair condition with some depressions and potholes. The end portion nearest Lot 442 is heavily wooded. (See both topographical maps prepared by R.J. Mavrikakis, Land Surveyor, Hauppauge, NY, lastly revised June 18, 1988, submitted for the record. ) 5. It is the opinion of the Board Members that the right-of-way is in need of repair, resurfacing and placement of . stone blend, as further noted below. In considering this application, the Board finds: (a) that the relief requested is necessary; (b) the grant of the relief requested will not cause a substantial effect or detriment to adjoining properties; (c) the circumstances of this appeal are unique to the property; (d) the practical difficulties are sufficient; (e) there is no other method feasible for appellant to pursue, other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a conditional .variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of access to Lots #42 and #44 of - the "Map of Cedar Beach Park" filed December 20, 1927, identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 14 and 19, respectively, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That all potholes and depressions be filled and compacted with bankrun, and leveled; 2. That the entire length of the right-of-way be cleared to a minimum width of 12 feet and height of 14 feet; 3 . That the entire length of the right-of-way be resurfaced with two-inches ( 211 ) of stone blend for a width of 8-10 feet, except that the wooded portion of the right-of-way near the end (close to Lot #42) may be resurfaced to a width of eight feet. % age 3 - Appl. No. 3 Matter of JOSEPH SPI'...nLIERE Decision Rendered August. 18, 1988 4. That the right-of-way be continuously maintained in good condition (at all times) . 5. Final inspection to be made by this Board (or an authorized representative of this Board. 6. That there be no disturbance to wetlands in the area. 7. That the improvements required herein may be constructed at any time up until and before the issuance of a Certificate of Occupancy for either newly proposed dwelling structure. Vote of the Board: Ayes Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN r' 1> LL 25 SJ.iS'irlC;i�, Ii,71 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, JULY 14, 1988 at the following times: 7:30 p.m. Appl. No. 3733 . Esme and Nicholas Lagudis. Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JOHN R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as. 160 Blue Marlin Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variances' .to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot 424 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMMUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship .at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8: 00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 1116" x 36 ' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8: 05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page 2. - Notice of Hearings Regular Meeting-July 14, 1988 -Southold Town Board of Appeals 8: 10 p.m. Appl'. No. 3748. JAMES and ELAINE KELEMBELIDIS. .Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient 'rearyard setback, at premises known as 395 Dogwood Lane, outhold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Ap No. 3742. OLIVER CAMPBELL. Special Exception to the .Zon g Ordinance, Article IX, Section 100-90A for permission to cons uct principal building for storage purposes in this C-1 In trial Zone District in conjunction. with sand and tockpile yard,, at premises located along the west side of Cox L e, Cutchogue, NY; .County Tax Map Parcel No. 100`0-84-03-5. ,�. 8 : 25 p.m. Appl.- No. 3745. SFPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of ccess in accordance with New York Town Law, Section 280-a ov rivate right-of-way located along the east side of Cedar Be ch Drive (just south of General Wayne Inn) and extending an ea terly and thence southerly direction to parcels id ntified the Suffolk County Tax Maps as No. 1000-90-4-14 and 19. 8 : 35 p.m. Appl. No. 3749. STERLING IDEA ENTURES. Variance to the Zoning Ordinan e, Article VII,. Se tion 100-71, Bulk Schedule for approval -of insufficient rearyard\s`etback from the northerly property line f r proposed principal building, at . premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals ill at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. t�itten comments may also be submitted prior to the conclusion the subject hearing. Each hearing will not start before tie time allotted. For more information, please call 765-1809. Dated; June 27, 1988. ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, .CHAIRMAN Linda Kowalski, Board Secretary -----------------------------------------------------------------x Instruction& to newspapers: Please publish on THURSDAY, JUNE 30, 1988, and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5 , 1988. Page 2 - Notice of Hearings _Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8: 10 P.M. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article III, Section 100731, Bulk Schedule, for permission to extend deck . with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No.. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutcho.gue, NY; County .Tax Map Parcel No. 1000-84-03-5. 8 : 25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19. 8 : 35 p.m. Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule for approval of insufficient rearyard setback -from the northerly property line for proposed principal building, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. 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. For more information, please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary -----------------------------------------------------------------x Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988, and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5, 1988. ' s I3UILDING .1)EPA RTNIENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PPRO'VAL Filc Nit. 1)ato . . . . . . . 1.7. . . , . .. 19 �. To 9. . N).�-ZQ . 7. . . . . . . . . . . . . . . PL FASE TAKE NOTICE that your application clatcd . . . . . -n. . . . � �. . . . . . . . .. 19 for pernrit to construct . . ,a . . 2.all. '. ,), . . . . . . . . . . . . . . . . . . . . nt Location of 1'ropurty T, o..w: . .u'�D Noucc No. Sfr'ror ff lltn;ln,r County T;!x NI,;It No. 1000 Scctioii . ... . .Q.qo . , , . Muck . . . . .4.7. , I.ot . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . I'ilrcl.N-fa1) No. . , . . . . . . . , , Lot NO. . , , . . . . . . . . . . . . . . is rcttlrncci Itcrcwitlt antJ disaltprovctl on thc lollowin,^ grounds . aA,,t ,L-. . , .�� -.�.3 CL U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building lnshcc'. rt�r t/�lo TOWN OF. SOUTHOLD, INE."M04iV i a APPEAL FROM DECISION OF BUILDING INSPECTOR JUN 1988 APPEAL NO. / 7� . DATE #1/ . . ......... UAW Town Clerk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. p 1, (We) 4'rm! .. ... .l G l l!t?!....... .of ... ..../0 . :.�r.-. ..t.. ...:.......................... Name of Appellant Street and Number / ..... ............ ..............r.....��.r..�.��:?... ..�.�..� .��......................:....... ��r.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED . �.`�.../ . .....1.��. ... WHEREBY THE BUILDING INSPECTOR DENIED TO Na re of Applicant for permit of .............. 1.:?'f�.;f-�J.�!�0... . ......: ........ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY n J__ 1. LOCATION OF THE PROPERTY ...r�'��%/i.' .r.../ .... .....%aT .l :.............. Street /Hamlet / Use District on Zoning Map District 1000 Section gq B1 ock _7 Lot j ���� ..............................Current Owner 4��,v lo• ffAl� vrati Avg la.L Prior Owner 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 Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( } . 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 andwas made in Appeal No. ................................Dated ...................................... REASON FOR APPEAL (� A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance .is requested for the reason that l / C Foam ZBi (Co�inue on other side) iyY tG.3 r'�iy'r+, Wyp�tF Y1`x.ti: REASON FOR APPEALa "' ;'a «:; .Continued 5 a 1. STRICT APPLICATION 'OF ,TH'E ORDINANCE would produce practical difficulties or unneces- sary sary HARDSHIP because, 40e,�� ���f�G�°Q y � 41111-1 ��' '�� A:wv�i' L��•aa � t',.;5+.. a+ /�. /ram j�R/j' �G�l Gr/®!� f� ��,,, / 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 C- /,; ez prldaf-- rAyI/��% Gr✓u� . ��' sae �� Lee G�� � ✓.: lee W-11,f Ao o,�� bleC-0W �'- � . ./c1 �`�y��f ���H 10s'J/���e �oz �c sir 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because %sr 'i fhf o� Gvayl 7% Bl e,.e C�e� -� Aa � eV'a-eA s,1?pe �� 7v �d�.� d�a-� .A� r/'G✓�f ®ly. 710" �e f^A 4e, l , s Ane, O .el-G , Cel'dli'ol g-e,.e-e, z ea,, to e•e Aj ��'itirtAA, y-e—,gtt. /p� smoke Ge- A� -V1-;1�Vd017 GGe,� -er �.r e-e, o% 42itIscs l� ��e a�/ae�rg CC' ay..ems d N�-'j141e u�,�/2 c sr � �� Ft c y STATE OF NEW YORK ) ss 4k - ...................... COUNTY 0��/ ) signature Sworn to this .................. .... day of.......:......�4. -,Ve ........................ 19 Notary..Public. ELIZABETH ANN NEVILLE Notaryry Public,State of New York No.62.8126860.Suffolk Co WM Expires October 31.18� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VI LLAGE DISTJ SUB. LOT FORMER OWNER N E ACR S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 7/1 P,&n - 1-1 hay 4-,-9 G9 1z(7dj wl Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowl-and DEPTH House Plot BULKHEAD Total r TOWN OF SOUTHOLD PROPERTY RECORD CARD ` 00o - 9& - sZ/ OWNER STREET VILLAGE DIST. ' SUB. LOT DORMER OWNER ` N E ACR. / S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL . DATE REMARKS (a o O 6 o D 31 Q Z7Z a Z/ ? L 7'0 4 o TY !�a v � ✓ /—L a r��— Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total '�OPERTY RECORD CARD TOW14 OF SOUTHOLD P OWNER STREET VILLAGE DISTRICT SUB.. LOT FORMER OWNER N E ACREAGE ;` 4rf7� f". S W TYPE OF BUILDING e RES. SEAS. Vl-.,?� FARM comm. I IND. I CB. I misc. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 31 7 /N 7. 1 -3 AGE BUILeIN / - B � CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER j ?J'// Form Acre Value Per Acre Value FRONTAGE ON ROAD —Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Woodland Swampland q1 Al Brushland r House Plot Z.4 Total 0,071�Ar� � 4. Southold T Board of Anneals `Zi§s MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. August 19, 1988 ROBERT 1 IDOUG6ASS JOSEPH H. SAWICKI Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appl. No. 3745 - 280-A Variance Dear Mr. Spitaliere: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Trustees Office and Town Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765 1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, _ . GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to: Building Department Office of the Town Trustees APPEALS BOARD MEMBERS �Qi,� SCOTT L.HARRIS Supervisor Gerard F Goehringer, Chairman Serge Doyen,Jr. `" Town Hall, 53095 Main Road James Dinizio Jr. P.O.Box 1179 Robert A.Villa �;91 '�`� Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 10, 1993 Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appl. No. 3745 - Improvements within Right-of-Way Dear Mr. Spitaliere: This letter will confirm that we are in receipt of your request for a final inspection of the right-of-way which is the subject of the above appeal, and which right-of-way extends off the east side of Cedar Beach Road (near its intersection with ,. South Bayview Road) , which provides access to Lot #41 & 42 (combined) and Lot #44 shown on the "Map of Cedar Beach Park. " The improvements recently constructed at the base of this .right-of-way are found to be excellent and acceptable as meeting the specification requirements under the above determination. 'Please be aware that each and every lot along this access route will be subjected to periodic inspection and update, and to continuously maintain the entire length of the right-of-way in good condition, 'at all times (as per New York Town Law, Section 280-A) . Please feel free to call us at any time if you have ques- tions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department Attn: Inspectors r LSi(M ./��`./' �vim-., ✓r.,.i �/LLjr?� �✓ ��� .dam. �.2��--� �-�,��� .l✓��i%'L+ .n�� D to i i I� i . � I . 4 "'' t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No. : 3765 Applicant(s) : JOSEPH SPITALIERE Location of Property: ROW off E/s Cedar Beach Drive, Southold Tax Map ID No. : 1000- 90-4-14 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was : Member Sawicki (due to serious family illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing , as published in the suffolk Times and L. I . Traveler-Watchman, Inc. CHAIPIMlAN GOEHRINGER: I have a copy of a survey indicating the pro- posed placement• of this particular structure which of course, is a dwelling with an attached garage. And I have a minimum setback of approximately 50 feet shown on the survey. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Would you like to be heard sir? MR. SPITALIERE: My name is Spitaliere. I 'm the applicant. I 'm not sure I understand the way it was presented. We 're requesting a five foot variance on the front rather than the rearyard. CHAIRMAN GOERHINGER: What kind".of map do you have with you? MR. SPITALIERE: I don't have it with..me. You had the latest sur- v ey.. CHAIRMAN GOEHRINGER: Well, you take one of these and.-we ' ll ques- tion you on that one because I 'm glad I took it out of the file. I apologize. We were so. . . In the past we have always done the setbacks from the wetlands and I had failed to realize, and of . course I did look at the property, that there is no bulkhead there and that is in the jurisdiction of the Town Trustees. So we would usually' deny it for 119-2B which is a setback from the water be- cause you 're 50 feet from the water. And I immediately looked at the survey for that reason. MR. SPITALIERE: With all the surveys that we submitted trying to straighten this thing out, I don't blame you. CHAIRMAN GOEHRINGER: You 're on. Page 2 - Thursday, n-tober 6, 1988 Public Hearing = JC, ?H SPITALIEPE Southold Zoning Boas__ of.',Appeals MR. SPITALIERE: I just wanted to make myself availabe for any questions the Board or any of the people here might have. CHAIRMAN GOEHRINGER: When I went dorm there, it ' s completely impossible to try and figure out where the right-of-way starts and where.'the right-of-way stops. And so in taking a reading from the property owner to the one side of you which is the only existing house which I saw down there at the end. . . . MR. SPITALIERE: That would be opposite. CHAIRMMAN GOEHRINGER: It indicates that he' s a little bit far- ther away of course, then you 're proposing at this time. MR. SPITALIERE: He' s actually setback 30 feet according to the surveys from the . right-of-way which is 30 feet wide itself. CHAIRMAN GOEHRINGER: Now the right-of-way that we granted the 280-A on was I think. 10 or 12 feet wide. MR. SPITALIERE: Ten to 12 feet. Twelve feet. CHAIRMAN GOEHRINGER: W%l.•1 that right-of-way primarily be in the center so that the actual distance. . . . MR. SPITALIERE: It can be moved. I wouldn't want to go all the way to the center because there is quite a few large trees there--. and I wouldn 't want to remove them. But I think we can pick up 4 or 5 feet, I'm sure, for the aesthef-ics of it. At least to give the appearance of being 35 feet rather than 30 on a setback. CHAIRMAN GOEHRINGER: Did you say 35 feet? MR. SPITALIERE: Well it would give the appearance of being 35. In actuality if granted this variance, it would be 30 feet. I 'm requesting a five foot setback. CHAIRMAN GOEHRINGER: A five foot reduction. You 're five feet from the septic tank to the cesspool. That ' s where the five feet mistake was if you look on the map. MR. SPITALIERE: Well, that ' s required by the Board of Health. CHAIRMAN GOEHRINGER: That' s correct. MR. SPITALIERE: This whole situation I was kind of pushed into by the D.E.C. Thev're telling me to move the house forward and the Board of Health is telling me to move it back. You know the situ- ation, the way it works. Right now what I 've got is a stalmate. I can't move it anywhere. That ' s what I 'm requesting here is to satisfy, hopefully, everyone. CHAIRMAN GOEHRINGER: Is this a buildina envelope or is that ac- tually what the house is going to look like? Page 3 - Thursday, - .ober 6, 1988 Public Hearing - JO 'H SPITALIERE Southold Zoning Board of Anneals 14R. SPITALIERE: That 's more of an envelope. By the time we square it off, the square footage of the house will be a lot less because of the angles involved. CHAIRMAN GOEHRINGER: Alright. I don't have any particular ques- tions. We spent some time down there-on the 280-A. So I 'm quite well aware of the parcel. I did get stuck in the pricker bushes down there and I 'm well aware of it. Any questions from Board members? No. We11:* I guess we 'll deal with the application. we don't see it a particular problem to be honest with you. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Hearing no further, questions, I 'll make a motion closing the hearing reserving deci- sion until later. All in favor - AYE. BY UP TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3745 Applicant(s) : . JOSEPH SPITALIERE/JOHN C.W. CAMPBELL Location of Property: Cedar Beach Drive, County Tax Map ID No. : 1000-90=..4-14 and 19. Board Members present: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass and Sawicki . Absent: Doyen (due to poor weather conditions ) Also Present: Victor Lessard, Building Dept. , Linda Kowalski , Z .B.A.. ..Secretary and approximately persons in the audience. The Chairman opened the hearing at8: 27 o ' clock p.m. and read the notice of hearing and appliation for the record. CHAIRMAN GOEHRINGER: We have a copy of. a plan of the road, most re- cent date is tine- 18,- 1988 and it indicates a right-of-way of some great length Mead-ing 'to .a..waterfront piece of. property. And I have a copy . the Suffolk, County Tax Map indicating this and surrounding properties in the area. Is there somebody who would -like to be heard? MR. SPITALIERE: I'm Joe Spitaliere, the applicant as you know. Just about the only -thing 'I can say about is, the 280A law,.'.I feel, is a good law. I can't argue with the merits of it. But I am concerned about however, is the financial burden'*.' As. I understand it, there was different degrees of-the code or the law that can be enforced. I'd like the Board to take that into consideration. The fact that we 're talking about approximately 1 ,200 feet of road that's been there for some -'time as I understand. Approximately 25 years from what I understand with people using it without any difficulty.. I do- however, see room for improvements. There' s some potholes that. have to be filled. There 's a low area that could be filled. . The base, I 'feel, is in* pretty' good shape from what I've seen and ex- perienced on .it. That ' s just about it. Page 2 - Thursday, Jul: - 4, 1988 _bublic Hearing - Josep] pitaliere/John C.W. Campk L Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Ok. I thank you. I should mention for the record I had a discussion with you on .the telephone and we did dis- cuss preliminary improvements- and- we will discuss that of course, before -we make. a final decision. I thank you. MR. SPITALIERE: Thank you. CHAIRMAN GOEHRINGER: -Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the ap- plication? For the nature of the' record, we had discussed on the telephone, .the regrading of the road, the filling of the potholes, the filling of the7low area with- bank run with 'a ten to 2016 , stone content and then two inches of stone blend-to -a width of between 8 and 10 feet. And we discussed about the low hanging branches' to a heighth of about 12 feet or thereabouts. And I guess that was ap- proximately the. discussion. And so that I should say would answer that particular part -of it. Is there somebody else who would like to speak concerning this. Hearing no one, I '.11 make a motion closing the hearing reserving decision until later. All 1n­favor ' AYE. BY Nadia Moore 3 i So. d 1 T®wn Board of Appeals if � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR: SERGE DOYEN, JR. ROBERT J. DOUGLASS June 112 4 , 1988 JOSEPH.H. SAWICKI TO : Office of the Planning Board and Planner RE . Z . B. A. Projects to be . heard on July 14 , 198.8 Attached for informational purposes is a list of those projects which you may or may not want to review as to input for those elements which might .affect your jurisdiction . Input must be received no later than July 13th. Please note that no adjournments will be expected except under extraordinary circumstances . Please feel free to review our files . } New Matters Proposed for Hearings on July 14 , 1988: LAGUDIS , NICHOLAS - Appl : #3733. Gazebo within 100 'ft. of bluff. The Strand Way , at East Marion. ROSSINI , DING Stairs and platform along bluff. Soundview Ave , Mattituck. next to Hosny Selim variance) 94-1 -6 POLYWODA, JOHN. Addition for bottle storage . Hobart and Main Roads , Sld. 62-3-2 JOHN SCHREYER. Deck. within 75 ft. of shoreline/wetland area. Blue Marlin Drive , .Greenport . 56-7-20 BORNSCHEIN , GEORGE. Lot coverage and construction within 75 ft . of shoreline/wetland area . 560 Oak St , Cutchogue . _ 136- 1 -4.4 . PITALIERE , JOSEPH (J . Campbell ) . 280-a over ROW (next to General Wane ) y ( Inspection report -to be reviewed after submission . ) •90-4-14 WHELAN , DOUGLAS . Porch addition with insufficient front yard at 1145 Old Harbor Road , New Suffolk. 117-3-8. 6 CAMPBELL , OLIVER. C-Light Zone. W/s " Cox Neck Road , Cutchogue . 84-3-5 NORTH FORK GREEK CHURCH. Special Exception to enlarge church area. 1950 Luthers Road , Mattituck . 106-9-6 . 1 WILCOX , CHESTER , BUILDER or KELEMBELIDIS. Deck with insufficient rearyard. Dogwood Lane , Southold . 1000-54-5-28. 1 STERLING IDEA VENTURES . Variance for insufficient rearyard at N/s CR 48 , Southold . B-1' Zone. 1000-55-2- 18. 1 F_ Soutlo d Town Board. of Appeal MAIN ROAD STATE ROAD 25 ,SOUTHOLD, L.I., N.Y. 11971. 4 ' TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July ,14 1988 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H.SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3745 PROJECT NAME: JOSEPH SP'ITAL'IERE/JOHN 'C. W. *CAMPBELL 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 siglifi- 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: [..,; Type II [XI Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over private right-of-way located along the east side of Cedar Beach Drive LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: E/s of Cedar Beach- Drive, Southold, - NY . 1000-90=4-14 and 19 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 an application. concerning use over existing traveled right-of-way and for requirements satisfactory for emergency access. FOR FURTHER INFORMATION, PLM— SE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,_. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . A .. .. - Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me ., tielt, $idteyard�etbae rr h Y Qr! ea '�tpYI Avemi �attit A-t ;Qit nn ;\()rlc i b)k`!i! 1 if 1 Nc�� ty 7 ' itsip Paii4 No yard area;at p>•eagis 6"as l acid extendingin anceasterly and }„ 1(M1Lt'.. 4 ti .15$560 :Main A16a lid 2Q-'• tl?etire sot�ilxaFiy,; ltreetnn ta.' t \t?1-1( l is-I s.It l-fib' c� 7:�3 p.iit. ��1st.r,,� l�©tSaF!. Rgz Er ���t� i�, t pa*ctils�ded.`stn u�i i t,eSt f:oltc :N;t,irr"tram tri tit Ciiiitt .'(,7atf JOHN R SGgIRi✓YER` County. Tax Map Parcel No :-CountY: :Ik hifaps as :No j ahC 7u,%n 1 t,k and thr.('od4;r,f Variance xo the zoning Or=: 1. _62=3 2 }000.9p-4=14 the 1tn�n or, Suttihirld „ lhr dihance,..Articte:Xi, Section f 8 05 -p.m Appl No 3741. 8:35.,p:m. Appl: No. :3.749 , Inlhn�;in) .ht tr.iit�� i�ilt'b� brie) 104-119.2`for perttnsston to con- DOUGLAS -SAND.:" lu tltr,;;tiOi i f:!()l:O IU\�'ti=. STERIr'ING "IDEA .:VEN struct deck addition'within 75 ELIZABETH WHELAN 1'IJRES.Variance to the Zoning liO:1k1) l)1 11'hI �I.S tt ,i:. feet of bulkhead along'Pecon>c: Variance. to the Zoning Or prdinance,,Articie VIl,:szection kr)ttlar.�krtin� tt iln Sonul nld` Bay,at:prem�&t kfi6 as ' 1 di v, A- llI, ..Section 1pp 71, BpIk Schedule fob ap- Itn�n° 'Fi tI "ll,iIry Road at,urhr.►td \cu wlti k 'flv7! .t,n Blue 1VIarIm'Drive, Southold 1Q0-31;Bulk Schedule;for per proval of insufficient rearyard r -Shores:Subdivision Lot No:2 mission to construct addition'::- I 1 li Kti1)11 ft-11 1-t, 19xx rl setback friim the northerly;pro _ Greeiiport,".NY, County Tax_ :with an insufficient setback at,:: 'line for proposed principal lilies: ` Map:parcel No 1000=56-7 20: the easterly side of einsting 3t)'p m .�rpl tint. a7 a t building, at premises known as t ti�l[ _= t\I Y' \I( 1 iT)I tiE 7 45, p m -Appl No 3738 - ilwelhng_which has been.deter 48,Southold;-NY, �( l 1)11 trianu tt,lh�/c,ri GEORGE BCIRNSEHEiN mitiedby.the Bu dtit$ltlspector CCootinty `last Map:Parcel No s.. inl Ordi;rarnc ►rcr�k \1 �« Varlances to the Zoning Or- to be front a ea,at premises" 1000 55 2=18 1. .B=1 General irctnJrl(rlt9'fillrrtiiy�um tu:, durance, Article 11I, `Section- ::;known:ash 45.Old Harbor . It+�!It alit rtiUr,`:;t� 1/r11P�J tlrUi 1.00'31,for permission to axtend- Road,New Suffolk,NY;Coun Business. Board of Appeals`will at tura��irhtn .Ult�.icrt cif-tht tc�tY. garage located in the..frontyard ty Tax Map Parcae No. Sd time_and place heat any and { i,t hliifl::dung`th�i .1< Sound areaandattachsame.to_existing lOQO-117-03 8 all persons or_representahves u 'prrnriu: hnu�.n .i� 7t><i'I ht dwelling,and to construct addi- $10-p.m Appl No. 3748: desiring,to:be,heard in each of titrand, 1'ehhlr }i<irch 1 arnr< ti' s"to square off re.audf dwell- JAMES '.'AND ELAINE' the above rnatters._Written coin tinhdi,i�iim I.t,i \t,: :12y, !':asP. mg -in. excess of maximum- KELEIVIBELIDIS Variance to inents may also'be submitted marittn, \1;.(:'�ntn)> aax \tali; permitted;lot.coverage require- the Zoning-Ordinance; Article` prior to;.the conclusion of.the Pu�rl_titt. Iritx).�rJ.�-xa.. ment,:atpieniises'knownasS60 III, Section, 100 31;,. Bulk_ subject hearing Each hearing , 5 1,,,, ;�t,ol ,\t,•. 1��s Oak`5treet,Cutchogue;NY,Lot Schedule, for permission to ex.' will not start before the ime u1\O_ tit)"11':\\,ftOti51 ti 1: No;-24 and--on half of No 25, tend deck with an usi fficient- allotted:For more information, to tnrc ut .tht /.oii;q�. Or Map of Eugene Heights,Coun- rearyarii setback, at raises: please ca11-765 1809 dui tr1��- trirct \1, ti«t:io(1. ty Tax Map .Parcel No: known as 345'Dogw Lane; DATED: June 27,:1988 =11111 I7N h,r t�cneiatun to um, 1000-136-1=44B1 Zone District Southold,NY;°Cotmty:Tax Map By ORDER OF:THE Itruct tia�h td kuum landir y. 7:50.p m ;App1 -No 3743. Parcel No 1000-54-5 28:1 .:SOUTHOLD TOWN and .tair�n�rtr=:iitd;itin�.hlul NORTH FORKGREEKCOvI= - 815::pm Appl No 3742.: BOARD APPEALS t,l--ihe 1 1 'tit;irnd sr;t�runi�r:� MUD ASSOCJA 10N 'OLIVERCAMI BELL-_$pedal,= GERARD P`GOEHRINGER,: s t n t t."ti= t '_c{ a u trn d i r u INC.;Special`.Exception.to-the Exception to the-.Zoning.Or- = CHAIRMAN Zoning Ordinance, Article::III, durance,.- Article IX,. Section Linda Kowalski, Section 100=30B for:permission 100 06A'for permission:tocon- Board Secretary" to.expand-building for a place struct_.principal- building.:for 1T:6/30%88(9) of Worship at:premises known siorage:purposes in this:C-1 In--. r _ n as .i»v i ttci>ers Woad, vial- .la t .a .. tituck, NY,-:County Tax_Map )unction with sand an stockpile Parcel No 1000106-9-61 yard,a-premises located along 8:00 p.m. Appl., :No 3737.. the west side of;Cox Lane;Cut- JOHrt AND : JDAN chogue,WN ,County 'Iax_Iviap : POLYWODA. Variance to.the - reel No 1000=8403=5. Zoning Ordinance,Article YII, 8 25. p m .Appl No:" 374.5 Section 100-71 to;construct JOSEPH SPi i`Ai,IERE%JOIN: _. 11'6" X. 36' addition.`(foe . CW CAMPBEI;L Variance for _ storage)' with. an`.insufficient :approval of access m ac- ance." with New•York.7bwn'Law,:Sec- tion 280-a•over private right-of- way located along:the.east side: of Cedar-`:'Beach-`Drive .(just p COUNTY OF SUFFOLK ss: STATE OF NEW YORK 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 . . . . . . . . . . . . . . . . . . . . . .l. . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . ay of . . . . . . . . . . . . . ., 19 . . . . . . . . . . . . . . . . . . . . . . . d � Sworn to before me this . . . . . . . . .�. . . . . . . . . day of 19 . �. . . . . . . . . . . . . . . . . `� Z" 7_4 . . . . . . . . . . . . . Notary Public 13ARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 4-7 3/ 19 �� ........... Southold Town Board 'of Appeak MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 IX TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date . of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tr 1 - �Y G RARD V P .i� GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure Mailing List Legal Notice of Hearings for 7/14/88 .Southold Town Board of Appeals Copies mailed to the following on or about 6/28/88 : Mr. Nicholas C. Lagudis Mr. Merlon Wiggin , President 760 The Strand Peconic Associates , Inc. East Marion , NY 11939 One Bootleg Alley Mr. and Mrs . Dino Ros sini Greenport� , NY .11944. -(for 0. Campbell ) _ 755 Soundview Avenue Paul A. Caminiti , Esq . Mattituck , NY 11952 Box 992 - Main Road Southold , NY 11971 (for 0. Campbell ) Mr. and Mrs . 'John R. Schreyer One Wilton Ct. Mr. Joseph Spitaliere Great River , NY 11739 9 NGel Place Smithtown , NY 11787 . Mr. George Bornschein 1750 Stevens Avenue Mr. Garrett A. Strang , R. A. North Merrick , NY 11566 Main Road, Box 1412 Southold , NY 11971 Mr. Gordon Ahlers as Agent for Sterling Idea Ventures P. O. Box 6 Jamesport , NY 11947 Mr. Andreas Markakis North Fork Greek Community Assn. Inc . - 1950 Luthers Road _Mattituck , NY 11952 Mr. and Mrs . John A. Po"lywoda P . O. Box 234 Southold , NY 11971 Mr. Joseph Henry (as agent for Douglas Whelan ) J & R Home Improvements Box 314 Greenport , NY 11944 Mr . and Mrs . Douglas Whelan 16-232 Deer Lake Road Derwood , Maryland 20855 Mr . Hank Rienecker P . O . Box 755 Cutchogue , NY 11935 Mr. Chester Wilcox Wilcox and Son (Agents for Kelembelidis ) 130 Sixth Street Greenport , NY 11944 E � Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: June 20, 1988 Transmitted herewith is Zoning Appeal No. 3745 application of Joseph Spitaliere for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of -Disapproval from the Building Department.; survey of property; and any other attachments relative to this application. • Judith T. Terry 1;nlithn1r! Tnwn rlurk r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: iu /y s y ,dNd 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: fi P, G'�ff1 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article a Section 2!9�® [' 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: ble/� Petitioner Owners ' Names :_�� Post Office Address Tel No . e/ �t��� ."gi 1JE•r'°!,:,tee:",i j [Copy of sketch or plan showing proposal to bg,�,a;t�t�a;c,fa;ecd: for.: :.convenience purposes . ] 1, &rrl WAYN e -- -- -- T \J c D � Q� � U _ rr. PROOF OF MAI LIN9 OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS - y�.e 10aX )2,1 j� /Ail N AT o 7,3Z e--;wa y � J ivy w 7�I L0j SOU ril�e�� /, ✓�7� �•i17L>' .s7_G�-i i/ ® GJ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: �oS I +C�J l I �L residing at. V !Yl l 40LO h being duly sworn, deposes-and.says that 6n the. day of np , 19 K_ 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 asses ment roll of the Town of Southold; that said Notices were mailed a't the United States Post Of- fice at le 1f),%C. _ n q that said Notices were mailed to each of said persons by ie registered) mail. Sworn to before me this Z of ��U n+P , 1 �� ? .. 5 � Notary Public ILRARETH ANN NEMA w E85 Suo Co pir� r es October 81,1E(This side does not have to be completed on form transmitted to adjoining property owners . ) r .14-16-4(2/87)—Text 12 + PROJECT I.D. NUMBER 617.21 _ SEQR ' Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR a y 2. PROJECT NAME 3. PROJECT L CATION: Municipallty e ea c•rea,, .Z 1-16 IJ County -roe , 4. PRECISE LOCATION(Street address and road intersections, prominent landmarks,etc., or provide map) amp �rG4a 1,71� 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modification/alteration + 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: �p NIX Initially acres Ultimately acres fj(/� ev/wC741 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? WYes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 50 Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: R�5� 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? '❑Yes N No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / r Applicant/sponsor name: �/l l�/� G� �aj f� �/�.%'� Date: Signature, If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. .(d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more , � than 10 acres of land? Yes ENO 2. Will there be a major change to any unique or unusual land form on the site? Yes !/No 3. Will project alter or have a large effect on � an existing body of-water? Yes �No 4. Will project have a potentially large impact on , / groundwater quality? _Yes 11No 5. Will project significantly effect drainage flow on adjacent sites? Yes 6-fro 6- Will project affect any threatened or endangered plant or animal species? _Yes _ 7. Will project result in a major adverse effect on air quality? _Yes _No 8. Will project have a.major effect on visual char- acter of the community or scenic views or vistas e � known to be important to the community? Yes 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 No 10. Will project have a major effect on existing or future recreational opportunities? _Yes lfilo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes L No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes C'No 13. Will project have any impact on public health or safety? _Yes 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 period or have a major negative effect on the o character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes ,No Preparer's Signatur Representing: ��jPj/J <y �� f�1i,�� ZBA V/75 Date: ,� r� QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 6ETH YOUR APPLICATION FOP14S TO' `i'IIE BOARD Or 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. ) `-- v b) Are there any areas open to a waterway without bulkhead? YQ r 3. Are there existing structures at or below ground level, such as patios, foundations , etc? Fer R ' h.� u/G Ytits---No 4 . Are there any existing or proposed fences ,�c', to barriers , decks , etc? Ye-s—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. Y&s--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. des--NO ,von-/*7,4 7 . Are there other premises under your ownership abutting this pa-r�? If yes , please submit copy of deed. Yes No I?©ka` 8 . Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? ''fifes, 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. ) : TjtW��Gti Planning Board Yes No Town Board Yes o Town Trustees �rJ,� y ig� No County Health Department S �/T f �,yy-Y y__ No Village of Greenport T�� Yes N.Y. S .D.E.C. S• ,�, ,� IS,-. C7 V� es No Other Yes 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? Y - 13. Please list present use or operations conducted upon the subject property at this time r{ ,d< !� " f=�l�' G�C���9 a rn e1 and proposed Please submit photographs for he record. I certify that the above statements are true and are="bei.ng submitted for reliance by the Board of Appeals in considering my -;application. natu roerty Owner Authorized Agent 1/88 WETLANDS (Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-19951: r 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 maximurn depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to it"freshwater wet- land,"as defined in Subsection BM and lying with- in seventy-five(75) feet landward of the most land- ward edge of a•'freshwater wetland." ( 9706 !•25•N5 ' NY131`U Form 11041 (Rev, 1 1/711) -CONTRACT OF SALE WARNING: NO REPRESE;NTA'IION IS MADL THAT THIS FORM OF CONTRACT FOR TIIL SALE AND PURCHASE Of' REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR L WYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casually loss before the title closing. Unless different provision is made in this contract, Section 5-1 3 1 1 of the Gencral Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DATE: CONTRACT OF SALE made as of the day of April , 19 88 BETWEEN PARTII,S: JOHN C. W. CAMPBELL Address: Main Road, Southold NY 11971 hereinafter called "SELLER", who agrees to sell; and JOSEPH SPITALIERE Address: Noel Place , Smithtown NY 11787 PREMISES: hereinafter called "PURCHASER" who agrees to bury the property, including all buildings and improvements thereon (the "PREMISES"),more fully described on a separate page marked "Schedule A,"and also known as: Street Address: Lot 44 on Subdivision Map "Cedar Beach Park" filed as map #90 Tax Map'Designation: 1000-90-4-14 Together with SELLER'S interest, if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL '11 i-frreper•ty-ettaehed-•tut-or-ttsed-in connection-with-the-PRFENII-S&S E'ROPP.RT'Y: unless specifically excluded below. SELLER states that they are paid for and owned by SELLER fr-e 4--el cm—of any lien other than tlic EXISTING MORTGAGE(S). They include but are not limited kQ_plumbiTT tcating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door n h i�s, shades, screens, awnings, stornt windows, window boxes, storm doors, marl boo r-we vanes, flagpoles,pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, w nay tnesti';`clotlTes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning + d-wu i)--to-wall-carpeting. Premises consists of vacant land Excluded from this sale are: Furniture and household furnishings, PURCHASi 1. (a) The purchase price is $ PRICE: \ Payable as follows: On the signing of this contract, by check subject to collection: By allowance for the principal amount still unpaid on IIXiST'ING MORT'GAGE(S): By a Purchase Money Note and Morlgage.from PURCHASER (or assigns) to SELLER: $ BALANCE AT CLOSING: $ (b) if Wig->rale.ir-aub} theL'urcliasesd❑r,PvrT�ntr nr,c] u g�will aIso_p.rovid�thz_ i� will remain subject to the prior lien of any EXISTING MORTGAGE, even though the EXISTING MORTGAGE i��tttciided or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard fo�rnn_of-NL'w York Board or Title Underwriters by the attorney for SELLER, PURCHASER shall pay the mortgage rgs.Ddgtax, recording fees and the attorneyrs Fee In the amount of$ for Its*preparation. (c) If any required payments are made on an EXISTING; MOR ' between now and CLOSING which reduce the unpaid principal nilloumt of an EXISTING MORTGAGE le amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SE agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by te�E}SLFrPi G MURTGAC;L will be made, (d) If there i r gag>St e escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER shall a; ' o PURCHASER, if it can be assigned. in that event PURCHASER shall pay the amount in the escrow account t WI ` ;111 2 IZider'I' «h.irl( ma used with Stan(lard NYBTU born( 8( rev. 1 1/78 SCllr_1 tjLEA (Ues(,riplion of* Premises) All th;ll cerhlin plot, piece or parcel of land, Nvith the huildil'gs 111d improvements thereon crected. situate, lyilig and being in the l f ALL that certai+r plot, piece or Marcel of land, with the buil(lings and improvements thercon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York known and designated as Lot No . . 44 on a certain map entitled "Subdivisi Map of Cedar Beach Park situate at Bayview, 'Town of Southold, New York, made by Otto W. Van Tuyl, Professional EXgineer and Surveyor, Greenport New York", and filed in the Office of the Clerk of the County of Suffol as Map No. 90. C,-,.,WGam- ��s r,� c Qaq a vD f^ This (iorn( is (list ril�ulccl, as a convcni(.nw(, 1)�' 141-sf /I.Inc.'rican. Iifle Jl1SZCr(I)lGe Conl/mly (f' New -Fork. 1(11() Vro111•liki Aw•1111f• a RIDER ATTACHED TO AND MADE PART OF CONTRACT OF SALE OF PREMISES: Cedar Beach, Southold NY A11 of the paragraphs and provisions contained in this Rider are incorporated into a printed form of this Contract and made a part thereof with the same force and effect as if therein originally set forth. If there shall be any inconsistencies between this Rider and the basic form contract herein, this Rider shall control and take precedence over said printed form of Contract. 1 . 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, in effect, now or at the date of the closing of title . However purchaser shall not be required to take title if . s 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 . 2. CONTRACT DEPOSIT: The downpayment hereunder shall be held in escrow in an interest bearing account by Paul A. Caminiti, Esq. , the attorney for the seller, as escrow agent until closing of title with interest to follow the funds. 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 this Contract of Sale, to deposit it 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, unless such action demonstrates bad faith. 3 . REAL ESTATE BROKER: The purchaser covenants and warrants that Marion R. King Real Estate, is the sole and only broker who brought abut this sale and the only person entitled to receive commission from the sale thereof and seller agrees to pay the broker commission earned thereby: Purchaser agrees to indemnify and save the seller harmless of and from any and all liability, expense, claims or demands by reason of purchaser 's acts, and makes this covenant as an express inducement to the seller intending that the seller shall rely thereon. This provision shall survive delivery of the deed. 4. FULLY EXECUTED CONTRACT: The submission of this contract does not constitute an offer and neither side shall be bound until the contract is signed by all the parties. 5. OBJECTIONS TO TITLE: ' The purchaser agrees to deliver to the seller's attorney, at least 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 or unwilling to eliminate such defects, encumbrances, or objections, defects, or encumbrances without an abatement in the purchase price and without any claim for damages; Cb7 reject title, in which fatter event, seller shall return to purchaser, all money paid hereunder, together with the net title company fees as actually charged, and thereupon, this agreement shall be null and void without further liability of either party to' the other. . G. 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 downpayment 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 wholly cease. The seller shall not be required to bring any action or - proceeding or otherwise incur any expense to render the title to the premises marketable. The purchaser may, nevertheless, accept such title as the seller may be able to convey, without reduction of the purchase 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 this 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. 7. LIQUIDATED DAMAGES: If the purchaser shall default in performing the terms of this agreement on the part of said purchaser to be performed, the down payment made upon the signing of this Contract and any additional payments which may hereafter be made hereunder may, at the option of the seller, be retained by seller as liquidated damages in which case both parties shall be relieved and released of and from any further liability hereunder. 8 . NOTICES: Any notices to be given under this contract may be given •by• or to the respective attorneys(r::ti,, �� r 9 . ASSIGNMENT: This contract shall not be assigned by the. purchaser without the written consent of the seller which consent will not be unreasonably withheld provided both Camilia and JosephSpitaliere remain personally liable on the bond. 10 . • ADJOURNMENTS: If the closing of title shall be adjourned at the request of the purchaser, all adjustments, including but not limited to taxes, interest on existing mortgages and purchase money mortgages, sewer rents, water adjustments and all municipal levies or assessments shall be paid by the purchaser as of the date originally set for closing of title had originally occurred on such date of closing of title first appearing in this contract. 11, FOREIGN PERSON: (a) Seller represents that he is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on Dispositions of U. S. Real Property Interests", and agrees to deliver at closing - an affidavit stating under penalty of perjury, the transferors U. S. taxpayers identification number and that the transferor is not a foreign person (b) Parties shall set forth their respective Social Security (EIN) 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. 12. CAPITAL GAINS TAX EXEMPTION: (a) The parties agree to execute any.. do•cuments 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 a 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. 13. CAPITAL GAINS TAX: . (a) Purchaser and seller agree to comply timely with the requirements of Article 31-H of' the New York Tax law and all regulations- of the Department of Taxation and Finance ("State Tar. 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, or of the recording of the deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, upon signing this agreement, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. 14. ADJUSTMENTS: All adjustments and apportionments shall be made on the basis of a thirty (30) day month regardlessi'ofl-thel number actually in the month of closing and adjustments will be made as of the date of possession. 15. CERTIFICATE OF OCCUPANCY: Seller shall furnish individual Certificates of' Occupancy for vacant land covering the subject premises (excluding Orchard Lane) . 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 to. the seller at purchasers' sale 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. 16. DELIVERY OF THE DEED: It is specifically understood and agreed that the acceptance of the deed by the purchaser shall constitute and b 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. 17. WATER TEST: This contract is conditioned upon purchaser having the right to conduct a Test to determine whether or not a well dug upon 'the subject premises will yield water which will meet the requirements and minimum standards of the Suffolk County Department of health. Purchaser shall furnish written evidence of liability and workmen's compensation insurance for the well driller, who shall be permitted access to the property upon furnishing such evidence of insurance. In the event that it is found that the water does not meet the, foregoing standards, purchaser may elect to cancel this contract and have returned the deposit monies, in which event paragraph 20 of the printed portion of this contract shall not be deemed to apply. Purchaser shall take steps to safely "cap" any well casing remaining on the premises, which shall become the property of the seller. APPORTION- 13. The following are to l portioned as of midnight of the clay before tl y of CLOSING: MEN'1'S: (a) Rents as and .when ---. acted.x(H�XDfilf}r�}{tXcHiX(Y�OKI{I1fl�?{fdKC�K0i�4 }{3( }fl'ife`GHd�iX 4�`GX�7fc3s`6G 7(IY•i}Is'{Jf1 3�>HitfeXliHiHcXI�Hd��b>Ss`�4KMs ?1Xl3dri}$ r?f �K�4I) �f. (d) Taxes, water charges and sewer rents, on the b, of the fiscal period for which assessed, (e) Pucl, if ally. (f) Vault charges, if any. i If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old t rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. 'Phis provision shall sun• CLOSING. WATER 14. If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days bef( METIER CLOSING date and the unfixed meter charge and sewer rent, if any,'shall be apportioned on the basis of such last readi READINGS: ALLOWANCE 1S. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unp FOR UNPAID taxes, assessments,water charges and sewer rents, together with any interest and penalties thereon to a date not less than f TAXES,ETC.: business days after CLOSING,provided that official bills therefor computed to said date are produced at CLOSING. USE 01' 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER n PURCHASE use any portion of the balance of the purchase price to discharge it..As an alternative,SELLER may deposit money with t PRICE TO PAY title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurai ENC:UAI- company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Ur BRANCE•S: request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks requested to assist in clearing up these matters. AFFIDAVIT 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as AS TO similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are ; JUDGMENTS. against SELLER. BANKRUPT- CIES.: DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or COUI TRANSFER officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of i AND deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check RECORDING and the tax return to be delivered to the appropriate officer promptly after CLOSING. TAXES: PURCIIASER'S 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMIS LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of i 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 9ccordance with this contract, SELLER'S sole liability sli INA131LITY be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii) any appropri; .1.0 additional searches made in accordance with this contract, and (iii)survey and survey inspection charges. Upon such refu CONVEY AND and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any furt) LIMITATION rights against the other. OF LIA 13I LITY: CONDITION 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and RP thoroughly acquainted with their condition. PURCHASER agrees to purchase them-"as is" and in their resent conditi PROPER subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have i 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. AGREEM1•iL'NT: completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon a statements made by anyone else that are 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 t MUST Br IN distributces,heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties here WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. SINGULAR 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require ALSO MEANS PLURAL: In Presence Of: -C Q-� ©7y-/z-��) �69 Seller SO . Sec. # i,..: �Bu r Z Soc. Sec. # STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK,CI TY OF ss: On the day of 19 , before me On the day of 19 , before me 'bersonally 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 rile known, who, being by me duly sworn, did depose and say to me known and known to the to be a partner in that lie resides at No. that he is the a partnership, and known to me to be the person described in of and who executed the foregoing instrument in the partnership the corporation described name, and said in and which executed the foregoing instrument; that he duly acknowledged that he executed the foregoing instrument knows the seal of said corporation; that the seal affixed to said for and on behalf of said partnership. instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Closing of title under t11e within contract is hereby adjourned to 19 , at o'clock,at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser atinirart o $ale PREMISES TITLE NO. Section Block Fro m:' Lot County or Town Street Numbered Address Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: To: Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by First American Title hisurance Company of Ne►v York HOME OFFICE SUFFOLK OFFICE 1050 Franklin Avenue 210 Court Sirc'el NEW YORK OFFICE Rivvi- oid, Nviv Ycri'k 11901 Garden City, New York 1 1530 170 Broaclway (516)-121-3020 (516) 742-7500 New York, New York 10038 (516)727-5700 (212) 895-3430 (212)962-27,12 WE' S'Y(;)IES'FER OFFICE 1 North Broadway BROOKL.YN OFFICE White Plains, New York 10601 OKLYN Street (914)997-19.1•I 188 Brookl)-n, New York 11201 (212)237-7800 M r , + QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 6=I YOUR APPLICA`i'ION F0214S 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. ) J b) Are there any areas open to a waterway without bulkhead? Y—o ? r 3. Are there existing structures at or below ground level, such as patios , foundations, etc? �T R ' W U YI_E — o 4 . Are there an existing or proposed fence �ct�rete/�`� Y g P P barriers , decks , etc? l / Yes--No alb s��s f (C4 g� 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. Y&a--Ne 14Z. 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. Xe-s- 0 ,vaY_o w1tllulk 7 . Are there other premises under your ownership abutting this ` gamr�? If yes , please submit copy of deed. Yes No P? Oka. 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 l or agency (State, Town, County, Village, etc. ) : 13,,& ' Planning Board Yes No Town Board Yes o Town Trustees le s No County Health Department Sly f pry- r 6 e No Village of Greenport Yes (10 N.Y.S .D. E.C. ,y ,� �d.,.v �(/y es No Other Yes 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? I I eoz h4e. Yes P3 13. Please list present use or operations conducted upon the subject property at this time r IAI �1 and proposed Please submit photographs for fhe record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. ' ^ natu ro erty owner) Authorized Agent 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976, .3-2G. 85 by L.L. No. 6-19851: r A. TIDAL WETLANDS: (1) All lands generally covered or intermittently rov- 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 arld upon which grows or may grow some or any of the following: salt Tray, 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. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to.1"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." a ( 9705 'L•25•HG '