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Southold Town Board of Appeals
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.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3708:
Upon application of DAVID WALKER/TURTLE ASSOCIATES for
Variances to the Zoning Ordinance, Article III, Section 100-31
for approval of parcel as exists with insufficient lot area and
width and more particularly described in Deed at Liber 8721 page
433 dated October 25, 1979, having been set-off without Planning
Board approval. Location of Property: 1300 Marratooka Lane,
Mattituck, NY; County Tax Map District 1000, Section 115, Block
3, Lot 18. 3 (previously part -of 18.2) .
WHEREAS, a public hearing was held on October 26, 1988,in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES
under Appeal No. 3708; 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 premises in question is located in the Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000 , Section 115, Block 3 , Lot 18.3
(previously part of 18. 2) .
2. The subject premises as exists is vacant, contains a
total lot area of 24,752 square feet, and has frontage along
Marratooka Lake of 58+- feet and Marratooka Lane of 89. 50 feet,
as more particularly shown on the Map prepared by Roderick
VanTuyl, P.C. June 14, 1988 and Survey Map Prepared October 3 ,
1979, amended June 1, 1987.
Page 2 - Appl. No. 3708
MMatter of DAVID WAL: JTURTLE ASSOCIATES
Decision Rendered R _tuber 16, 1988
3 . By this application, appellant requests Variances from
the Zoning Code for approval of an insufficient lot area of
24,752 sq. ft. and insufficient width (frontage) of 89. 50 feet,
as exists and described by Deed dated October 15, 1979 between
the current owner and the prior owner, Robert E. Rehm.
4. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff.
5/83) and lot width (or street frontage) of 175 feet.
5. Article III , Section 100-31 also excepted those lots
having a lot area of less than 80,000 sq. ft. that were "held
in single and separate ownership prior to November 1971, and
thereafter," or were approved by the Planning Board prior to
May 20, 1983 . The record shows that this parcel was not held in
single and separate ownership prior to November 1971 and that no
town approvals have been found concerning the set-off of the
subject premises from the adjoining northerly house lot (now of
Lowell) or the adjoining southerly vacant lot (now of Cuddy) .
6. In viewing the immediate area within Section 115, Block
3 , District 1000 of the Suffolk County Tax Maps,the following lot
sizes and parcel numbers are identified for the record: (a) Lot
15 at 1. 2+- acres; (b) Lot No. 16 at 1.0+- acre in area; (c)
Lot 17 at . 95+- of an acre; (d) subsequent to the subject
set-off of 18.3 , previously referred to as 18.2, now Lot 18.1 at
1.2+- acres; (e) prior to the subject set-off of 18.3, when
combined with 18.2, Lot 18 (or 18.1) at 2.1+- acres; (f) Lot 19
at 1. 3+- acres; (g) Lot 29 at 21,500+- sq. ft. Each of these
parcels are located along the west side of Marratooka Road or
front along the immediate shoreline of Marratooka Lake. (Other
parcels which may also front along Marratooka Lake were not
included since these parcels do not have direct access or
frontage along Marratooka Road and do front along other Town
Roads. )
7 . Upon inspection and viewing of the character of the
immediate area (noted above) , the size of this proposed lot is
substantially smaller, and a majority of the remaining building
lots are substantially larger.
8. In considering this application, the Board finds and
determines:
(a) that it is the burden of the landowner to prove
that the area restrictions as applied to his land imposes
"significant economic injury" ; and the burden of proof has not
been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591
(1977) ; Matter of Fulling v. Palumbo, 21 N.Y. 2d 30) ;
Page 3 - Appl. No. 3708
Matter of DAVID WALK TURTLE ASSOCIATES
Decision Rendered No , ber 16, 1988
(b that the relief requested is substantial in
relation to the requirements, being a variance of approximately
700, and meeting only 300 of the 80,000 sq. ft. minimum
requirement;
(c) that the circumstances are not unique and are not
principally related to the property;
(d) that the difficulties claimed are self-imposed,
particularly due to the inaction of the property owner over many
years to apply for and obtain town approvals for the improper
set-offs;
(e) there will be an adverse effect of increased
dwelling density thus produced on available governmental
facilities by the creation of precedents if the variance were
allowed, and will in effect establish a zone district at odds
with all other zone districts provided for in the Zoning Code
(VanDusen v. Jackson 35 A.D. 2d 58) ;
(f) there will be a substantial change in the
character of the neighborhood and detrimental effect to
neighboring properties;
(g) in view of the manner in which the difficulty
arose and in consideration of all the above factors, the interest
of justice will be served by denying the variance.
Accordingly, on motion by Mr. Dinizi.o , seconded by
Mr. Sawicki -, it was
RESOLVED, that the relief requested under Appeal No. 3708 in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES,
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Sawicki, Doyen and
Dinizio. Absent from all deliberations and vote were: Member
Grigonis (out-of-state) and Chairman Goehringer. This resolution
was duly adopted.
lk
OSEPH H. SAWICKI
CHAIRMAN PRO TEM
Southold Town Board
G . � of Appeals
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. NOTICE OF HEARINGS
JOSEPH H. SAWICKI
James Dinizio, Jr.
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting at the Southold Town 'Hall, Main Road, Southold,
NY 11971, on WEDNESDAY, OCTOBER 26, 1988 at the following
times:
7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission
to connect deck to porch, leaving an insufficient setback from
the south(westerly) property line. Location of Property:
Private Right-of-Way extending off the North Side of Soundview
Avenue, Southold, NY; County Tax Map District 1000, Section 68,
Block 1, northerly part of Lot 14 (now 14.1) .
7:40 p.m. Appl. .No. 378,4 - JAMES YOUNG. Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to
construct addition to dwelling with insufficient front yard
` Z.B.A. Legal Notice -2- October 2E L988 Hearings
setbacks from the westerly and southerly property lines.
Location of Property: NE/s Minnehaha Boulevard at "Laughing
Waters, " Southold, NY; County Tax Map District 1000, Section 87,
Block 3, Lot 8.
7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct deck addition at rear of existing
dwelling with an insufficient setback from existing bulkhead.
Location of Property: South Side of Old Cove Road, Southold,
NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1.
7: 50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES
ZAHRA. Special Exception to the Zoning 'Ordinance, Article III,
Section 100-30B{16} for permission to establish "Bed abd
Breakfast Use, " "an owner-occupied building, other than a hotel,
where lodging and breakfast is provided for not more than six
casual, transient roomers, and renting of not more than three
rooms. Location of Property: North Side of New Suffolk Avenue,
Mattituck, NY; County Tax Map District 1000, Section 114, Block
11, Lot 20.
7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON.
Variances to the Zoning Ordinance, Article III, Sections 100-31
and 100-32, and Article XI, Section 100-119.1 for permission to
construct tennis court with 10-ft. high fencing in the frontyard
area and total lot coverage in excess of the maximum-permitted 20
y Z.B.A. Legal Notice -3- October 2 , 1988 Hearings
percent. Location of Property: 106.0 Moore's Lane, Greenport,
NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax
Map District 1000, Section 33, Block 2, Lot 43.
8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the
Zoning Ordinance, Article III, Section 100-30, for permission to
replace nonconforming trailer with new single-family dwelling, in
addition to the established dwelling structures and uses.
Location of Property: 66075 C.R. 48, Greenport, NY; County Tax
Map District 1000, Section 40, Block 2, Lot 7.
8:10 p.m. Appl. No. 3762 , - ROBERT G. AND DIANNA BAKER. Bed
and Breakfast proposal, 2900 Boisseau Avenue, Southold;
1000-55-6-9. (Recessed from October 6, 1988) .
8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of
Property: South Side of Front Street (Route 25) , Greenport, NY;
County Tax Map District 1000, Section 45, Block 6, Lot 5:
Appl. No. 3783SE - Special Exception to the Zoning
Ordinance, Article VIII, Section 100-80 for expansion of the
present property by the addition of a new building to be utilized
for the existing automobile service station and public garage, in
addition to the continued sales of gasoline and proposed retail
(grocery) store uses, all as shown on the August 4, 1988 Site
Plan.
Z.B.A. Legal Notice -4- October 2' 1988 Hearings
Appl. No. 3782 - Variance to the Zoning Ordinance, Article
VIII, Section 100-80 for permission to convert existing building
to retail (grocery) store, which is not listed as a permitted use
in this "C-Light Industrial" Zone District, in' addition to the
existing sales use (of gasoline and diesel) and proposed new
building for automobile servicing.
8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES.
Variances to the Zoning Ordinance, Article III, Section 100-31,
for approval of parcel as exists with insufficient lot area and
width and more particularly described in Deed at Liber 872jBlock
433 dated October 25, 1979, having been set-off without Pl
Board approval. Location of Property: 1300 Marratooka La
Mattituck, NY; County Tax, Map District 1000, Section 115,
3, Lot 18. 3 (previously part of 18. 2) .
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
Z.B.A. Legal Notice -5- October 2 . 1988 Hearings
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: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski
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Notice to Newspapers:
Please publish the above Legal Notice once, to wit, Thursday,
October 20 , 1988 and forward one Affidavit of Publication to:
Board of Appeals, Main Road, Southold, NY 11971. Thank you.
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
,3. '. . TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
Date . . . . . . . . . . . .,
To < . . . . . . . ...
PLEASE TAKE NOTICE that your application dated . . . .�`:�l� . . . .�. . . . . . . 19
-- o
for pro .- VA�'�L. .�-.!°-.�-s:t� . E�at:4'IZ.F.d�l.'"�t..—. �1. . .�?���:. . at
Location of Property l 0 O. . �..� ti,l'�.c?.f�! , Z,-tL..(. . . . -ZA% �;1. G
House No. Street Hamlet
County Tax Map No. 1000 Section . . .�. 1 . . . . . . Block
Subdivision . . . . . . . . . . . . . . :Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . ..
is returned herewith and disapproved on the following grounds , . ;5, . , , ,
lly-.7 Q.C. l r 4Z 1`+.T-. . .11 4 . .`� -
.� a. .Qp. . . . . . . . . . . . . .
X.174. . . �V!1:t-b o..?". .��. R s�:(.�ti� .. aid . . . . .
G Yu -1 I
rNp
B hi-1. g Inspector
RV 1/80
FORM NO.3 r '!
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. Date . l . . . . . 3. . . . .. 19 ;97. .
To tNrt+1 )1�r�.r.R-. !s.. . ( ✓. a. .C:� .4.s
. . . . . . . . . . . .
PLEASE AKE NOTICE that your application dated
for permit to cyst -Z.1 " !-u-!�`-.4A .`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property / 43 O L5. . h°`-�"''`0.'• • ��D'?�
House No. Street Hamlet
County Tax Map No. 1000 Section . . . j./. Z . . . . . Block . . . . . . . . . Lot . . .1. . . . . .
Subdivision . . . . . . . ' . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . :-.. . . . . .. . . .
is returned herewith and disapproved on the following grounds DAc /Q.6.KQ. . . . . . . . . .
S,•e�.9. .'. J .•. •. . . . . . . . . . . . 1!Q.!•`!can'! c�-a..�b�. 1. !4'�!�!` .zz
air. cx.�: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
� 16'e�
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
rP-9 011988
DATE ....3.1j ........
• (;l�1K
TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SHOLD, N. Y.
1 (We) ..........Turtle„Associates......................of .......2105 Park Avenue,.
Name of Appellont Street and Number
Mattituck ......NY.................HEREBY APPEAL TO
......................................................................
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ......AuBust .13, 1987
......................... ........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
William H. Price, Jr. , as counsel for David Walker
...........................................I...........................
Name of Applicant for permit
of 828 Front Street Green ort New York
..... ..... . ... ..... . .. .... ...... . .
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) PERMIT TO SUBDIVIDE
1. LOCATION OF THE PROPERTY .....1,300 Marratooka,Lane........................................................
...............
Street /Hamlet / Use District on Zoning Map
Di stri ct 1000 Sect on 115 Bl ock 03 Lot 18.3urrent Owner David Walker
...................................................... ... .................C
Map No. Lot No. 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 100-31
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 Low 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
(X ) A Variance to the Zoning Ordinance
is requested for the reason that the parcel, which has been previously been set-off
without Planning Board approval is insufficient in width and area.
Form ZB1 (Continue on other side)
AN! 3
REASON FOR APPEAL Continued
1. STRICT APPLICATIO�N�OF'i'THE .ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because,,,.,_this p.ar1c�el has been previously set—off without Planning Board
approval and is in separate and"single ownership. Without this variance, the
property would be virtually useless and without value:
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 of the unique history of the set—off
and transfer of the property without obtaining requisite "approvals.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because" the size of the parcel is similar to most of
the other parcels in the. area and, in fact, larger than many.
STATE OF NEW YORK
ss .... .. ............ ...
COUNTY OF, ) Signature
J K vin McLaughlin, Attorn y/ gent
Sworn to this ............./. .................. day jaaiAry............................. 1988
........... . .....-4-¢.... .......... .....................
Notary Public
IIAURIE E.GRAEB
Notary Public,State of New York
No.4821818,Suffolk County
Term Expires September 30,1988
TOWN OF SOUTHOLD PROPERTY . RECORD CAR®
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COORDINATE NOS. G,*
„ED RECORDED IN LIBER PAGE
_.UBDIVISION NAME OR NO.
'.':.P BOOK-PA B L. LOT REAL PROPERTY TAX SERVICE AGENCY
NDEX INITIA
SUFFOLK COUNTY CENTER
SKETCH
® ��- RIVERHEAD, L. 1.. N. Y. 11901
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RESEARCHER/PLOT �4{PC DATE / 7- 76
CHECKED BY RPTSA Form I�
. � Southold Town Board of Appeals
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.
JOSEPH H. SAWICKI January 10, 1989
JAMES DINIZIO, JR.
J. Kevin McLaughlin, Esq..
828 Front Street
P.O. Box 803
Greenport, NY 11944
Re: Appeal No. 3708 - David Walker/Turtle Associates
Dear Kevin:
Transmitted herewith for your information and file is a
copy of the response received today from the Suffolk County
Department of Planning in accordance with our referral under the
Suffolk County Administrative Code requirements.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
I
COUNTY OF SUFFOLK
y; L�
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
DIRECTOR OF PLANNING
January 5, 1989
Mr. Gerard Goehringer, Chairman
Town of Southold Zoning Board of Appeals
Main Road
Southold, New York 11971
Re: Application of "David Walker/Turtle
Associates" (#3708) Town of Southold
(SD-88-36)
Dear Mr. Goehringer:
Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County
Administrative Code, the Suffolk County Planning Commission on January 4, 1989,
reviewed the above captioned application and after due study and deliberation
Resolved to disapprove it because of the following reasons:
1. It would only tend to undermine the effectiveness of the zoning
ordinance;
2. It is inconsistent with the prevailing lot size pattern in the
surrounding area;
3. It would tend to establish a precedent for the continuance of such
undersized lots in the locale; and,
4. Sufficient information has not been submitted to demonstrate compliance
with an applicable variance criteria.
Very truly yours,
Lee E. Koppelman
Director of Planning
�GeraldNewman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L.I.,NEW YORK 11788
(516)360-51 92
Southold Tows Board of Appea1s
°/ �y®� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
I
TELEPHONE (516) 765-1809
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 :
XX Variance from the Zoning Code , Articleal ., Section 100-31
Variance from Determination of Southdld Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No . : 3708 .Applicant: David Walker/Turtle Associates
Location of Affected Land : 1300 Marratooka Lane, Mattituck, NY
County .Tax Map Item No . : 1000- 115-3-18 . 3
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay , Sound. or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State o'r 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 .
approval of
COMMENTS: Applicant is requesting xt�,o Par-M-1 a exists with
insli�ffiriant 1nt area and wid+-h having been set-off without Planning
Board approval
Copses of Town file and related documents enclosed for your review.
Dated : Decemb.er 1, 1988
A4 ` Southold Town Board of Appeals
.�'✓ �' 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.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. November 30, 1988
J. Kevin McLaughlin, Esq.
828 Front Street, Box 803
Greenport, NY 11944
Re: Appl. No. 3708 - Walker/Turtle Associates (Variances)
Dear Kevin:
Transmitted for your records in the above matter is a copy
of the official findings and determination recently rendered by
the Board of Appeals at our Special Meeting held on Novem-
ber 16, 1988.
Yours very truly,
JOSEPH H. SAWICKI
CHAIRMAN PRO TEM
By Linda Kowalski
Enclosure
Copies of Decision to:
Charles R. Cuddy, Esq.
Gary Flanner Olsen, Esq.
Office of the Planning Board
Office of the Building Inspectors
Suffolk County Planning Commission
1 Standard N.Y.B.T.U.Form 8002 1-7 S-70M—Bargain and Sale Deed,with Covenant against Grantor's Acts-individual or Corporation,(Single sheet)
s CONSULT YOUR LAWYER -)RE SIGNING THIS INSTRUMENT—THIS INS ENT SHOULD 6E USED BY LAWYERS ONLY.
LIBEFM22 cc-
THIS INDEN1 JRE,made the 6 day of October , nineteen hundred and seventy-six,
`�Vic. BETWEEN ROBERT E. REHM, residing at Marratooka Lane (no -street
number), Mattitt ck, New York,
party of the first part, and ELAINE E. CUDDY, residing at Marratooka Lane
(no street number), Mattituck, New York,
party of the second part,
WTTNES.SETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, situate,
lying and being WAWK a# Mattitack, in the Town of Southold, County of
Suffolk. and State of New York, bounded and described as follows :
. tn
BEGINNING at a monument located on the westerly line of Marratooka
Lane distant 601.47 feet southerly (as measured along thewEsterly
line of Marratooka Lane) from the corner formed by the intersection
of the southerly line of Sunset Avenue with the westerly line of
Marratooka Lane;
RUNNING THENCE along the westerly line of Marratooka Lane,
South 1 degree �5 minutes 30 seconds West 75. 50 feet to land of
Cuddy;
THENCE along said last mentioned land, North 78 degrees 02 minutes
10 seconds West; 396. 00 feet to Marratooka Lake;
THENCE along the waters of Marratooka Lake on a tie line course
bearing North 21 degrees 01 minute 20 seconds East, 55. 94 feet to
the southerly line of land now or formerly of Robert Rehm;
THENCE along said last mentioned land, South 80 degrees 56 minutes
50 seconds East; 373.87 feet to the westerly line of Marratooka
Lane at.-the point or place of BEGINNING.
TOGETHER with all the right, title and interest of the party of the
fir f
iep*rke ' i and to Marratooka Lake as it adjoins said premises
— TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second par forever.
i
AND the party of the first apart covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive then 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,ithe party of the first part has duly executed this deed the day and year first above
written,
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IN PH OF:
b s E q
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e executed a e• executed the same. `>>
N6ta ublj.c $ ........
Rom• ESTATE
cRON 0 CT 1 1975
J. Of N.�
RIG�IBe State
sotar9$ttblic ► 5uffo� COual ?.
NO 52-0 Expires�gar.30+ TRANS FEE TAX
COUNTY
STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF
On the day of 1 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 fitness 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 instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- exec'to 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.
35argain anb male Oeeb SECTION
WITH COVENANT AGAINST GRANTOR'S ACTS
S ' r �i
TITLE No. BLOCK4 d
LOT
ROBERT E. REHM COUNTY o TOWN
TO
ELAINE E. CUDDY ecorded At Request of The Title Guarantee.Company E
RETURN BY MAIL. TO:
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STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Tooker, Tooker Sc ES SekS, ESgs. IL
Durribwod by I;.
TITLE GUARANTEE- 108 East Main Street ,
NEWYORK P. O Box 268 �r
Rivet head, New York 11901
ATICOR COMPANY Zip No.
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STATE OF NEW YORK)
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I , the undersigned, an attorney admitted to practice in the
courts of New York S ate, certify that the within executor 's deed
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has been compared by me with the original and found to be a true
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and complete copy.
I affirm that the fore
going statement is true, under
the penalties of perjury.
Dated: October 26th, 1988
CHARLES R. DDY
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Ln Southold Town Board of Appeals
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.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
November 1 , 1988
Dear Board Members:
Attached is the 11-page Transcript of Hearing in the Matter of
Walker/Turtle Associates. Since Joe and/or Serge will be needed
to vote on this application, please stop by or call for an
update of the file material. This matter will be calendared for
November 16th to determine whether the public hearing should be
continued for further questioning or officially concluded at
that time.
Thanks.
Linda,
r
TRANSCRIPT OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
OCTOBER 26, 1988 REGULAR MEETING
Appl. No. 3708
Matter of DAVID WALKER/TURTLE ASSOCIATES
Request for Variances to the Zoning Ordinance, Article III,
Section 100-31, for approval of parcel as exists with insuffi-
cientlot area. and width and more particularly described in
Deed at Liber 8721 page 433 dated October 25, 1979, having been
set-off without Planning Board approval. Location of Property:
1300 Marratooka Lane, Mattituck, NY; County Tax Map District
1000, Section 115, Block 3, Lot 18. 3 (previously part of 18.2) .
Present were: Chairman Gerard P. Goehringer, Charles
Grigonis, Jr. and James Dinizio, Jr. , constituting a quorum
of the five-member Board. (Absent were: Serge Doyen due to
serious family illness, and Joseph H. Sawicki. ) Also present
were: Linda Kowalski, Board Secretary, and approximately 28
persons in the audience (including Councilpersons Ruth Oliva
and Ellen Larsen) .
The Chairman read the Legal Notice of Hearing for the
record and proceeded with the public hearing, as follows:
CHAIRMAN GOEHRINGER: I have a copy of a map dated July 14, 1988
indicating Lot 18.3 at 89. 50 feet on Marratooka Lane,
approximately 373.87 feet on the south side, and variable on the
north side, and 58 feet on Marratooka Lake. And I have a copy
of the Suffolk County Tax Map indicating this and surrounding
properties in the area. Mr. McLaughlin, would you like to be
heard?
J. KEVIN McLAUGHLIN, ESQ. : Thank you, Mr. Chairman. If it
may please the Board--I 'm here representing this evening, Turtle
Associates, the contract vendees on a conditional contract to
purchase from the current owner, David Walker. As the legal
notice and I think as your file will reflect, the subject lot is
a part of an originally larger lot that has in fact been
�PiLge 2 - Transcript Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. McLAUGHLIN (continued) :
subdivided by Mr. Walker, and one of the pieces sold to
Lowells, who are adjoining landowners, and I believe one of
the pieces sold to Mr. Cuddy. The remaining lot --the subject
lot is approximately 25,000 sq. ft. , does have approximately 90
feet of road frontage, and is a very long, relatively narrow
lot.
We' re .seeking tonight from you an area variance for relief
from the Bulk Schedule for both width and area for this lot. I
have with me a copy of the Tax Map for Section 115 that I had
marked up, and basically, I ' ll hand it up to the Board. What it
shows is that within half mile of the subject property there are
well over 200 lots of approximately equal or smaller size as far
as square footage, as to the subject lot, and I 'd like to hand
that up to the Board at this point. (Marked copy of portion of
Section 115 was submitted for the record. )
CHAIRMAN: Thank you.
MR. McLAUGHLIN: As I said, it' s well over 200 lots in the
general area that are of equal or even smaller size than is the
lot on which we seek our variance.
We do have practical difficulties here-- without this
variance, this lot is basically an unusable lot for any type of
improvement. There' s no other way of being able to improve this
lot, but to obtain the variance that we seek. I don't feel that
especially in light of the numerous lots in the area that are of
similar size that the granting of this variance would possibly
have any adverse impact on the neighborhood. The neighborhood
as a general rule is of lots of substantially similar size that
are certainly -- not all lots are of this size, but a large
proportion of them are. And as I said before, we really don't
have any alternative that this lot is ever going to be utilized
for anything other than as a vacant piece of property. We need
the relief that we seek tonight. Thank you.
I do have some of the people here tonight that are involved
in Turtle Associates, and if the Board has any questions of
either them or myself, I'd be happy to answer them.
CHAIRMAN: Thank you. Is there anybody else to speak in favor?
(No one) . Anyone to speak against this application?
CHARLES ZAHRA: Jerry, I want to speak. My name is Charlie
Zahra. I don't want to speak in favor or against. I just
want to bring something up. I 'm no lawyer, so I don't want to
use the term as a matter of law. But I would like to ask you a
question. Do you hold a license with Bob Celic, a current
license?
CHAIRMAN: No.
MR. ZAHRA: Do you sell real estate?
Page 3 - Transcript Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
CHAIRMAN: No. My license was resigned to the Commissioner of
Real Estate. And I 'm glad you brought this up, Charlie,
because this particularly has an endearing effect upon me
tonight, I happen to know all these people in Turtle
Associates. As you can see, however, we have a minor little
problem here tonight. We have one gentleman (member) in
Florida, and we have one whose wife is terminally ill. And what
has basically happened here was, I have been forced to officiate
at this particular hearing.. I had all intentions of asking Mr.
McLaughlin if he had any objections to that, but the hearing .
could not continue if this was not the case. But to answer your
question, upon my starting employment with the Commissioner of
Real Estate, who at that time was Robert Skroy. He asked
that I terminate my license. And the way I did that, the
license is still in effect but it is held by one of the members
of the Organization of which there are approximately 74 in the
Suffolk County Department of Real Estate. These people are
still all my friends. I have been with them, and I socialize
with them at certain times, and I have no intentions of voting
on this application. As early as this evening, I did mention to
Mr. Grigonis at exactly 7: 27 that I had all intentions of
asking him to run this meeting. And he asked me at that
particular time that- he felt that he really didn't want to, and
I said to him, "Well I really have no problems running it." So
that' s basically the reason why I 'm here and I didn't ask
Mr. McLaughlin mainly because I feel that that' s really my job
and you really can' t get personalities into it.
MR. ZAHRA: I didn' t mean it to be --
CHAIRMAN: No, no. That' s all right. My wife --
MR. ZAHRA: All I was looking to do was constructive
criticism. I 've been on Town Board Meetings. I 've had matters
brought before Judges that have had to step down because they
were a member of the firm representing the other party. I 've
seen 'George Penny give a disclosure on matters where he was
supplying the town--not the town, the contractor with
materials. I just thought it would be in the best interests of
the Board - Southold Town, and the audience, if it were the fact
that you had a license, that you would just make a disclosure.
Not step aside. I realize that would be impossible. That' s all.
CHAIRMAN: Yes.
MR. ZAHRA: Thank you.
CHAIRMAN: You' re welcome. All right, we' ll continue. Is there
anybody else that would like to speak in favor of the
application? Anybody to speak against the application? Yes,
Mr. Cuddy.
Page 4 - Transcript -_ Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
CHARLES R. CUDDY, ESQ. : My name is Charles Cuddy. I speak
in opposition to the application for three people. My neighbor,
Mrs. Woodhull; she' s one lot to the north of the Lowells, who
own the lot immediately adjoining the subject one. I speak for
my wife, Elaine Cuddy; she owns the lot immediately to the south
of the subject lot. And together with myself, she owns the
parcel upon which we both reside, which is the one to the south
of that.
I speak particularly because I was involved in the
creation of the lot that's the subject of this application. I
was involved in 1976 with a former owner of the property, Robert
Rehm. Mr. Rehm came to me -- and I would like to relay, if I
may to the Board, the history of what happened.
In 1976, in the Summer, he telephoned me. He said to me
that there was a parcel between our houses that is entirely
wooded on the road to the Lake, some 400 feet in depth, 50,000
square feet, give or take a few feet. That parcel was in an
one-acre zone. It was entirely possible that that would be a
parcel that would be developed. He said to me that in order to
keep that as a separate buffer between both our houses, and both
our houses are relatively close to the respective lines, that it
would be a good idea if I would purchase part of it, and he
would retain part of it, and our lives would be that much
happier--which was very true. I was very happy to have the
opportunity to do it, and I purchased it in my wife' s name.
When I say I purchased it in her name, she is in fact the owner
of the parcel. We did that deliberately. We've never had a
parcel until that time that we owned without a mortgage on it.
Our house parcel is in both our names that has a mortgage, and
we just kept it separate. And that was the reason we have it in
her name as opposed to both our names.
There came a point in time when I got the deed, which was
in October of 1976. Mr. Rehm kept the other half of the parcel
in his name.
I would like to point out to the Board that the purpose of
doing this was to keep both pieces, both one-half-acre parcels
just as they were, and as they today are, 12 years later.
Neither one of us, Mr. Rehm nor myself., had any intention
of developing or using it for building purposes whatsoever. I
would hope that the Board would keep it just as it is.
I would point out, and like Mr. McLaughlin who believes
that a lot of the lots in that area are half-acre lots, or less
than an acre, that around the Lake that is not true.
The lakefront is composed of lots that are at least an acre
or bigger. One of the motivating factors for my keeping this
half-acre as a buffer zone, was that in 1975, just prior to
Page 5 - Transcript Hearing
Matter of WALKER/TU__-:_,E ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. CUDDY (continued) :
this time, 14 acres of the lakefront were given to Nature
Conservancy. And that' s just on the Main Road. The people' s
name are Hagen.
Another factor that I think is significant in keeping it
as it is, is that the School, the Mattituck High School, owns a
parcel that has been kept open and preserved for more than 30
years, and that is greater than an acre. That's right on the
Road.
The third parcel that's preserved on that Lake is by the
Mattituck Part District, and that' s across on an angle from the
subject parcel tonight.
The parcels on that Lake are not half-acre parcels.
They're acre parcels. The Tax Map shows some of them as smaller
because they were put together, but the use of those parcels as
one unit, and they're all greater than an acre.
I would like to go into -- I just relate this personal
history because I think it's important. What happened
subsequent to Robert Rehm's breaking this property up. One
parcel was conveyed to Elaine Cuddy. The price $17,500.
Mr. Rehm kept his parcel, and subsequently conveyed it to
Mr. Walker for $12,000. Mr. Rehm got his parcel from the
Estate of Marguerite Goldsmith, who owned the entire piece at
one time. For $28,000.
I have three deeds. I would like to put them all before
you. Those are the three deeds I just mentioned. Mr. Rehm
made no profit on this essentially. He paid "$28,000 and three
years later he got $29,500. There's no question, I think in my
mind, that he wasn't trying to make a profit. He was
essentially saying, this is exactly what I 'm explaining to you,
and that is that the two pieces were to be kept separate, they
were not to be used for anything. He sold them on that basis.
He sold the parcel that's a half-acre in size in 1979 for
$12,000 with lake frontage. That was not the going price at
that time for usable property. It was not usable. It' s never
intended that it would be usable. I never intend, so the
audience will know, that my piece was to be built on. My wife' s
piece.
I would like to eventually put those three deeds into
evidence. But I would like to do a little bit more. We're here
tonight asking the Board--I am--to oppose and deny an area
variance, and I think you've got to have some proof before you
that accords with the case of Wachsberger verses Michalis, which
is the case that sets forth five standards that must be met in
order to grant an area variance.
Page 6 - Transcript Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. CUDDY (continued) :
The first standard is how substantial is the variance in
relation to the request.
In this case, you're being asked in a two-acre zone to take
a piece of land that's 25,000 square feet and to endorse it as a
buildable lot. That means that you have a 35% ratio between
what's going to be there and what the requirement is, which is
80,000 sq. ft. It's much, much too small to grant an area
variance.
The second standard is the effect of the increased
population density on governmental facilities.
Here I guess it's a toss up question because you can either
have one family or no family. I give the other side a half a
point for that, but when we get all through, the points don't
add up on their favor.
The next criteria is a substantial change in the character
of the area or is there a substantial detriment to the adjoining
property owner.
This is a 60-ft. wide lot at its building point. If
there's a house put on this lot, these people, whoever they
would be, would essentially be in the side yard of the Lowells,
who are the people immediately to the north. You wouldn' t just
have suburbia here--in fact you'd have city-life here because
you have about a 10-ft. difference between the pool and the
garage of the existing and the new house. It would just be
wrong to do something like that.
The fourth criteria is whether the difficulty can be
obviated by some method other than a variance.
I think in a few minutes Mr. Olsen is going to speak, but
not to take something away from him, but I would point out to
the Board that there are at least two possible purchases of the
parcel - one are the Lowells to the north; the other the Cuddys
to the south. Both of us have from time to time indicated we
would be willing to purchase the parcel. I still am. As far as
I know, the Lowells still are. This is not a man who is in
desperate straits. But this is a person who now, in the form of
Mr. Walker, has decided that he wants a windfall. And it' s
unfortunate that he does, but that' s why I guess we' re here
tonight. Because what he is really asking the Board to do, is
to take a lot that was created for the purpose of a buffer zone
and change it now into a lot that can be used for a dwelling.
And there' s really no basis at all to do it.
Page 7 - Transcript Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. CUDDY (continued) :
I would like to get to the last item, how the difficulty
arose. And whether justice is served by allowing a variance.
To proceed just a little further, with the thought that I last
had, this is a person who created and participated in the
creation of this bad lot--not because he himself created it, but
because he sold off the adjoining property to the Lowells, and
retained this parcel. And he knew, and I think Mr. Olsen will
point out to you well that he knew, that at the very time he was
selling to the Lowells to the north, this was not a good parcel
to the south. In other words this half acre that we are now
talking about, he was fully aware, and if not by the price, I
think by the applications that were made to the Building
Department.
So there is virtually no criteria or a standard met by this
application.
I would also point out to the Board that, and I haven't
heard it, but there' s apparently no indication of financial
loss. And I'm not talking about financial hardship. I 'm
talking about financial loss.
Under Cowan verses Kern, which is a New York Court of
Appeals Case, you must have much more than just saying there is
some financial harm. You must show that the price that was
originally paid really put you in jeopardy at this point and
having a terrific financial loss, and that' s not true. This is
a man who bought this property at $12,000. He could easily sell
it to his neighbors, recoup his loss, and in fact I 'm sure, make
a lot of money.
There is no instance where I can think that this
application merits this Board' s endorsement. If in fact you
were to grant this application, I think to the Members of the
Town Community, you would be saying, "Go out, create a lot from
your existing lot, come in to the Zoning Board, ask the Zoning
Board to endorse it, and then you'd get a building permit, and
you can build on small lots. " This would go on indefinitely.
It would be an amazing approach to zoning and building.
I ask the Board for myself, my wife, and Mrs. Woodhull, to
deny this application.
CHAIRMAN: Thank you, Mr. Cuddy. Is there anybody else that
would like to speak against the application? Mr. Olsen.
GARY FLANNER OLSEN, ESQ: How are you. My name is Gary Olsen.
I 'm an attorney having my offices at Main Road in Cutchogue, and
I represent Mr. and Mrs. Jackson Lowell, who own the adjoining
Page 8 - Transcript Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. OLSEN (continued)
property to the subject premises on the north. Mr. Cuddy pretty
much summarized what the Lowells feeling is. They certainly
object strenuously to this application. They feel that none of
the criteria that the Board must listen to in order to make a
determination have been met by the presentation made on behalf
of the applicant tonight.
I also wish to point out that they have authorized me to
speak to the Board and tell the Board that they are willing to
purchase this vacant parcel as a nonbuildable lot. They
understand that if they purchased it, it would not be buildable,
and that it would merge with their existing parcel--which was
the intention of the division by Robert Rehm in the beginning.
So for what it's worth, if Mr. McLaughlin would like to contact
me afterwards, I would be happy to sit down with him and try to
work out something so that this parcel could be sold by Mr.
Walker to Mr. and Mrs. Lowell.
The other thing I would like to point out is that Mr. and
Mrs. Lowell bought the house parcel to the north of the subject
premises. They entered -- from Mr. and Mrs. Walker. They
entered into a contract on July 7, 1986, and if the Board
wishes, I can provide you with a copy of that contract. But my
review of the Zoning Board file indicates that David Walker knew
prior to July 7, 1986 that the lot was not buildable--that was
the subject of this hearing. So he knew at the time that he
conveyed the house parcel away that the lot wasn't buildable,
and so I don't see -- he has created his own hardship.
Other than that I think that I ' ll just state that I agree
with everything that Mr. Cuddy said and go on the record that
Mr. and Mrs. Lowell are opposed to this application.
CHAIRMAN: Thank you, Sir. Mr. Cuddy.
MR. CUDDY: I just wanted to say -- I forgot initially, but I
have no objection -- I think the objectants have much more at
stake than the proponent of your officiating or your
participating in this matter.
CHAIRMAN: Thank you. Can I just ask you a question,
Mr. Cuddy? As you know, we have been empowered at certain times
to swear people in and very rarely do we swear attorneys that
come before us at all times, and we haven't sworn anybody in at
this hearing. But I would like to ask you as if you were sworn
L� in, did you at any time have any intentions or your wife of
\\ buildable on that particular parcel of property which now
appears to be 18.4, ok, and is in your wife's name?
Page 9 - Transcript -- Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. CUDDY: The answer is unequivocably no. We had no
intentions originally. We have no intentions now. It never
occurred to me until I saw this application that my neighbors,
who would do otherwise and then sell it as one unit. When we
sell at some time in the future, or when we die and it' s sold, I
would anticipate that it would be sold as one unit, and that's
why I explained it was taken simply in her name because frankly
at that time, it was the first piece of property we owned
without a mortgage on it. And that's the only reason. But we
do not, and I put on the record for the Town, for whoever wants
to use it at any time in the future, that I have no interest in
development, I do not intend to develop, my wife whom I . speak
for does not intend to develop it', and we never did.
I also would ask you -- I have three deeds--
CHAIRMAN: Yes. Thank you. (Copies of three deeds: Liber 8721
cp 433 dated 10/25/79 from Rehm to Walker; Liber 8122 cp 212
dated 10/6/76 from Rehm to Cuddy; Liber 8045 cp 420 dated May
28, 1976 from the Executors of the Estate of Marguerite W.
Goldsmith to Rehm, were all submitted for the record. )
CHAIRMAN: Is there anything else -- Mr. McLaughlin, do you have
anything in rebuttal?
MR. McLAUGHLIN: Just very briefly. A couple of points. I
think that the criteria that have been mentioned are in the
cases cited are fairly accurate: I think the issues that were
not directly spoken about are issues that the Board can take
cognizance of themselves, the degree of the percentage of the
area variance being requested and that sort of thing. I think we
have provided you with sufficient evidence of no harm to the
neighborhood. I think we have provided you with sufficient
evidence that it' s not going to impose any hardship on any
governmental facilities, and I think we have basically fulfilled
all of the requirements that Mr. Cuddy mentioned.
Concerning the lot and the potential ..for a house being
built on it, as you can see, it is a long lot. I think there
certainly is the ability to utilize that long lot to stagger any
proposed house that would be placed upon it so as not to unduly
interfere with --especially with the Lowells. I think that any
house on that lot could be so situated that it would not be
directly opposite where their house is, and in fact as Mr. Cuddy
mentioned, their house is basically along with a swimmingpool
right on or almost very close to the property line.
Page 10 - Transcrip-_ <,f Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. McLAUGHLIN (continued) :
My understanding, and I say this basically upon information
and belief without any personal knowledge, but it is my
understanding from speaking to Mr. Walker' s attorneys, that in
fact when the Lowells purchased their property that portion of
Mr. Walker' s property that is improved with a house, they were
in fact offered this parcel as part of that purchase, and at
that time, chose not to accept that offer. And it' s my
understanding that is one of the reasons Mr. Walker has
attempted to sell it otherwise. Now at this point, people are
coming forward and saying, "Yes, we're interested," but in fact
the attorneys for Mr. Walker said this property was offered to
them in the past and was not accepted. Thank you.
CHAIRMAN: Anything else, gentlemen, in rebuttal? Mr. Olsen.
MR. OLSEN: I 'm not privy to all the conversations that took
place when my client was purchasing the house parcel from the
Walkers; however, it' s my understanding that they were told that
the parcel was a valid building lot. And of course the price
that, if there was a conversation I wasn't a party to it. If
there was a conversation, it was based upon the fact that it was
a valid building lot when in fact on May 21, 1986, there was a
Notice of Disapproval from the Building Department on this
piece, and my clients entered into a contract to purchase the
house parcel on July 7, 1986, so Mr. Walker knew darned well at
the time that this was not a buildable piece, and if my clients
were not willing at that time to pick it up, then he shouldn't
have sold the house to them. He should have waited until he
could sell the whole kit and boodle to somebody that was willing
to pay whatever price he was looking for at the time. I 'm
saying now- that they are willing and they've told me to purchase
this vacant parcel. Obviously, the price isn't going to be what
it would be if it's a buildable lot. They would buy it strictly
as a buffer, just like the Cuddys did and quite frankly, I don't
think Mr. Walker ought to make a profit on it just like Mr. Rehm
didn't make a profit. He sold it for what it cost plus $1500
extra for closing expenses--that's the way it looks to me. And
I have a feeling that he knew darned well when he took the lot
in his name alone that he knew it wasn' t buildable at the time.
And he knew it when he entered into the Contract that it wasn't
buildable. With the Lowells. And if he knew, he shouldn't have
signed the Contract.
And also if you look at the Tax Map, there' s no question
that this lot--this narrow lot--is not in keeping with the
general size, shape and area of the other lots on that Lake. It
just isn't. Thank you.
CHAIRMAN: Thank you, Sir.
Page 11 - Transcrip- �f Hearing
Matter of WALKER/TURTLE ASSOCIATES
Z.B.A. Regular Meeting - October 26, 1988
MR. CHAIRMAN: Now I have a problem, gentlemen, and maybe you
can all help me with it. And my problem is that we have two
Board Members here that will vote on this application as I
mentioned before in the discussion with Mr. Zahra, I will not be
voting on this application. However, in fairness to the two
Board Members who are not here, I 'm going to suggest that we
recess this hearing and close it with no verbal testimony at our
Special Meeting on the 16th of November. And it will be at that
particular time that there. will be a full vote to close the
hearing, or at least three members other than myself to close
it. And if those particular members who are not here have any
respective questions concerning this hearing, then they can
either vote to continue the hearing until December 1st, which is
our regularly-scheduled (open hearings) meeting or close it on
the 16th. So I think in all fairness to those two gentlemen,
that' s what I ' ll do. And if anybody has any objection to that,
we' ll do that at this particular time.
SECRETARY: And you won't accept any written testimony?
CHAIRMAN: No written testimony. No written or oral, other than
the fact that this hearing was held and they basically will be
filled in by the other two Board Members what occurred at the
hearing because I don' t think the transcript will be done by --
SECRETARY: Yes it will be done.
CHAIRMAN: It will. Ok, great. Then they can read the
transcript and make a determination if they want to close the
hearing at that particular time. And I think that's the best
way to deal with the situation here. As I said if it wasn't for
the fact that one is out of State and the other one has a very
severe health problem with his wife, which is terminal, and I
were voting on it, then I would continue this situation right
now--I'm sorry, not continue it and close it at this time.
Since that is the situation, I think we' ll wait until the 16th
when at least both or one of the other Board Members will be
back. So hearing no further comment, I ' ll make a motion
carrying or reserving this particular hearing over until the
16th of November, which is a Special Meeting, and you are
welcome to call our office that day or the day before to find
out exactly what the time is, we usually meet at 7: 00 in the
Town Hall, and we' ll probably be sitting right down here at the
table, which will be moved out in the center and at that
particular time-- it will be up to the Board Members what they
want to do. So I' ll offer that as a resolution, gentlemen.
MEMBER GRIGONIS: I'll second that.
CHAIRMAN: Thank you all very much for coming in and thank you
for your courtesy.
Re pectfu ll ubmitted,
Olind-a
Kowa ki, Board Secretary
Southold Town Board of Appeals .
e[ •i r
K•�- IF 'y r► `v7'if71. f 1�1-v .1 .+� ip. X r,�.+0 �+•:�,as -
1 N.Y.2d 591 COWAN v. KERN
5!9 ( r�
Cite as 394 N.Y.S.2d 379
363 N.E.2d 305 parcel of land which he had purchased at
p i ??mot=?*€�•'
41 N.Y.2d 591 tax -sale. CPLR 7801 et seq.
1;y, �In the _hatter of Randolph .+ .
CON AN, Respondent, 3. Zoning a536
V. Before zoning authority is required to '•
explain why public health and welfare re-
Roy Ill. KERN et al., Constituting the quires adherence to zoning standard, a
Zoning Board of Appeals of the Town ppli-
I '
cant for variance must first come forward
of.Smithtown, Appellants. with proof of significant economic injury. '
` t n
Court of Appeals of New York.
4. Zoning e-493 ! ,.
April 5, 1977. In calculating whether financial hard- 3
ship to landowner would be inflicted by
adherence to zoning standard inquiry j
Landowner petitioned pursuant to Ar-
ticle 78 to annul a zoning board of appeals' should properly focus upon value of parcel
denial of his application for an area vari- as presently zoned, rather than upon value '
ance. The Supreme Court, Suffolk County, that parcel would have if variance was.
Charles R. Thom, J., dismissed, but the Su- granted.
preme Court; Appellate Division, 51 A.D.2d% 5. Zoning a544
569, 378 N.Y.S.2d 746, reversed that order. Absent
Board appealed. The Court of Appeals,Ja- Proof as to what landowner
pp paid for property at tax sale there was no t
sen, J.; held that: (1) the petitioner failed predicate which would support finding of
to establish a claim of discrimination in the economic hardship in requiring landowner
denial of his application for an area vari- to adhere to zoning ordinance. -A
ance to permit construction of a residence
on a substandard parcel of land, and (2) 6. Zoning a497
absent proof of what the landowner paid While fact that any financial hardship. }
for the property at a tax sale, there was no to landowner was self-imposed does not pre- `
predicate which would support a,finding of vent zoning board of appeals from granting '
economic hardship in requiring the land- variance in proper exercise of its discretion,
owner to adhere to the zoning ordinance. existence of self-created hardship does not
Appellate Division order reversed. entitle landowner to demand variance. `
Gabrielli, J., filed a dissenting opinion 7. Zoning a353
in which Cooke, J., joined. Absent arbitrariness, it is for locally
1. Zoning 433=491 selected and locally responsible officials to' `
determine where the public interest in zon- '
:Mere fact that one property owner is ing lies.
denied variance while others similarly situ- I '
ated are granted variances does not, in it- 8• Zoning 0-602
self, suffice to establish that difference in Where there is rational basis for local ;
result is due either to impermissible dis- zoning decision, that decision should be sus-
crimination or to arbitrary action. tained by courts, and it matters not wheth- y `s
2. Zoning cz=646 er, in close cases, 'court would have, or
In Article 78 proceedin should have, decided matter differently. }s'
g seeking to an-
nul zoning board of appeals' denial of appli- 9. Zoning e-602
cation for area variance, landowner failed Judicial responsibility is to review zon-
to establish claim of discrimination in denial ing decisions, but not, absent proof of arbi-
of his application for variance to permit trary and unreasonable action, to make {
construction of residence on substandard them.,
•t
I
: 1 -
4
r:- R
1 i
I' r
580 394 NEW YORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 59
I
i —LDudley L. Lehman, Port Jefferson, for properties and that a residence on his prof.
appellants. erty would be in conformity with the chaff
Sidney N. Gitelman, East Northport, for acter of the neighborhood. It was als
respondent. claimed that denial of the variance woul
inflict "severe" economic hardship on th
JASEN, Judge. landowner.
The sole issue presented on this appeal is On June 25, 1974, the board conducted
whether the Zoning Board of Appeals hearing Qn the Cowan application. Th
s: abused its discretion, as a matter of law, in landowner submitted proof that, oflthe 1
denying petitioner's application for a zoning parcels on his block, nine parcels either mt
1 variance. or exceeded the zoning requirements an
!I
r In January. 1970, petitioner Randolph that eight others did not. With respect t
Cowan purchased, at a tax sale, a substand- the eight substandard properties, two (t)
and parcel of land in the Ronkonkoma Cowan property and one other) had not yE
'> -Heights section of the Town of Smithtown. been improved. Two substandard parce
te build- had been improved after the board hz
The parcel consists of three separa
ing lots and has a total land area of 7,500 granted requisite area variances. No e-
" square feet. The property is located in an dence was introduced by petitioner to e:
"R-10" residential zone which authorizes plain whether the remaining four improv(
the construction of single-family residences but substandard properties were .nonco
on minimum plots of 10,000 square feet. forming uses constructed prior to the 19"
The land was originally divided into build- zoning ordinance or had been the subject
! ing lots by a map filed in 1911 and the prior grants of variance or, finally, we
10,000 square feet requirement was first constructed in plain violation of the zoni.
imposed in 1949. In order to construct a ordinance. The landowner did produce
residence on the Cowan property, a vari- analysis of the entire neighborhood, inclu
ance must be obtained to cover the total ing several nearby blocks, which indicat
C.
I �
el • 67,E of the distinct
area deficiency, as well as deficiencies to that approxtmat y pE
the sizes of the proposed front and rear "eels and approximately 77% of all the in(
yards. vidual building lots in the area conform
In January 1974, Cypress Homes, Inc., a to the zoning requirement. The applican
" builder and the prospective purchaser under expert appraiser testified that the value
the realproperty,, with the variance wou
_ a contract of sale, applied for the necessary
!' variance, asserting that the Cowan parcel be approximately- $7,500. Without the 1
was the same size as other improved parcels ance, the landowner would be able to
i on the same street. The Zoning Board of the nonbuildable plot to the owner of
= lit. Appeals denied the application on February adjoining parcel for approximately $1,01
26, 1974 and the contract of sale was re- The landowner did not report the price
rs • � 'f;�f; scinded. paid for the property at the tax :..
}�
The landowner, Cowan, then sought to Several persons appeared at the hear:
s �... obtain a building permit for the property, in opposition to the variance applicati,
but the request was denied on the ground The neighboring landowners testified tl
!.ifl
s that a variance had not been obtained. if Cowan were to build on his .proper
pp Thus, on May 24, 1974 Cowan applied di- there would be less than the. 100-foot
rectly to the board for the necessary- vari- tance between Cowan's cesspool and th
ance. His application was based on much water wells, as required by the ordinar:
the same contention as had been asserted in This testimony was rebutted to some
the earlier application by the builder:_ the by a letter from the Suffolk County I'
4+ •.� '- fact that others had built on similarly sized partment of Health to the effect that
i
41 N.Y.2d 595 COWAN v. KERN 581
Cite as 394 N.Y.S.2d 579
Cowan cesspool could be located the neces- granted the request for a hearing. The
nary distance away from the neighboring petitioner submitted proof that, on Novem-
wells and that any shortage in the distance ber 11, 1971, the board had granted area,
between Cowan's well and the neighbors' front yard and rear yard variances to the t1:
cesspools could be compensated for by dig- owners of two parcels immediately adjoin- i 4
Bing the Cowan well deeper. Unrebutted, ing petitioner's. No other proof was put
ho% ever,was the testimony of one neighbor forward; instead, counsel for petitioner en-
that all of the houses on substandard plots, gaged in a lengthy oral argument. The _
sa
ve the two for which variances had been court denied the motion for renewal on the
granted, had been constructed prior to the ground that the petitioner had failed. to j
adoption of the 1949 area requirement. establish his claim of discrimination. The .�
Hence, it was established that four of the Appellate Division,with one Justice.dissent-
six improved but substandard parcels were ing, reversed the judgment of Special Term i
and directed that the board grant petitioner s
nonconforming uses. a -
On September 16, 1974, after the board a variance. (51 A.D.2d 569, 378 N.Y.S.2d ' ; } ':y .•
had failed to pass upon his application,.. 746.)
Cowan commenced an article 78 proceeding On appeal, petitioner presents two sepa- I l
v ri- 1 =:
to compel the board to_grant him a a � rate arguments in support of his claim for _
ance. At a regular meeting six days later,' . the variance. First it is argued that the , ?r
the board voted to deny the application* board, by granting variances to others simi- j
The board found that the character of the larly situated while denying relief to the
1534 neighborhoodLvas substantially in accord- . petitioner, discriminated against him- and,
ance with the zoning requirements and that thereby,-abused its authority. A second
the applicant had failed-to establish unne `
PP c- and distinct contention is that the petitioner
essary hardship or practical difficulty. It had submitted ample proof that the applica- f
was noted that "the applicant did not testi- tion of the zoning ordinance to his property
f y• before the board as to what the loss of
would result in economic hardship entitling s a:
value in the premises would have been to him to a variance. We conclude that the
him, since it was not revealed what the record does not reveal either discrimination
purchase price of the subject parcel was at or abuse of discretion. We would, there-
the time applicant purchased same. There-
fore, reverse the order of the Appellate
q
fore, the board would also find that the Division and reinstate the judgment of Spe-
testimony of applicant's expert witness is cial Term. `
incomplete and affords very little upon
which this board can determine the loss in [1] As.to the claim of discrimination,
j value to said applicant." the law is well settled that the mere fact 1535
that one property owner
Special Term awarded judgment to the is denied a.vari- '
board and dismissed the article 78 proceed- ance while others similarly situated are
ing. The court ruled that "where, as here, granted variances does not, in itself, suffice
a substandard parcel of property is pur- to establish that the difference in result is a
eof due either to impermissible discrimination
chased at a tax sale, the purchaser ther
cannot later claim that a denial of a vari- or to arbitrary action. The controlling
ance for that property results in a severe principles were stated by Judge Lehman.
economic hardship. The Court further with his usual eloquence, long ago. "The
finds that petitioner has failed to demon- mere fact that consents were granted to
strate that the character of the neighbor- owners of premises somewhat similarly sit-
°s hood is substandard." Petitioner moved for uated does not in itself show that consent
r renewal of the article 78 proceeding and for was arbitrarily refused to this applicant.
a hearing on the ground that the board had The question is not whether.-someone else
The court has been favored. The question is whether
discriminated against him.
:3
�f i
R y
• +I
t 582 394 NEW Y ORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 5
the petitioner has been illegally oppressed. different result.. Having granted two va
Exercise of discretion in favor of one con- antes in the past, the board could prope
fers no right upon another to demand the decide that additional variances would i
G same decision. Unlimited discretion vested pose too great a burden and strain on
t in an administrative board by ordinance is existing community. More importantly,
" not narrowed through its exercise. ` board, after three years' reflection, co
The [board] may refuse to duplicate previ- find that previous awards had been a rr
? ous error; it may change its views as to take that should not be again repeat
what is for the best interests of the [town]; Certainly, the board was not bound to F
1 it may give weight to slight differences
g g petuate earlier error. .
which are not easily discernible. There are, —
of course, extreme cases where analogy is Three additional factors are import-
. Only two variances were awarded in
�?, r so complete, where grant of consent under
past and these applications were decides
+ similar circumstances has been so frequent,
the same time. The evidence showed t
s ; both before and after refusal in one in the neighborhood, generally, was in c
stance, that inference arises that the refus-
t.,'- fortuity with the ordinance and the of
al is the result of unfair discrimination and exceptions on this particular block were
" a oppression. Especially is this.true where
- ► strong reason is made out for granting the due to variance awards, but were tree
,- prior to the adoption of the present zor.
consent. In such case, perhaps, the courts requirement. Thus, this is certainly not
may call upon the dispensing power to re- q y
r i ; extreme case where the board had con:
but such inference." (?flatter of Larkin Co.
v. Schwab, 242 N.Y. 330, 336-337, 151 N.E. ently granted.variances and issued built
637, 639; accord Matter of Crossroads Rec- Permits to all in the neighborhood say
reation v. Broz, 4 N.Y.2d 39, 46-47, 172 few selected out for discriminatory tr
o ment. (See Matter of Ozolins v. Horr
+ \.Y.S.2d 129, 134-135, 149 N.E.2d 65, 68-
69) , A.D.2d 555, 270 '_�.Y.S Ld 1001.) Secor
~ the timing of the two variance grants
[2] Here, petitioner has shown only that
sates that the awards were made or.
r' }' two variance applications were granted to individual basis viewed in the light of cc
SS t adjoining landowners in 1971. Although tions then prevailing in the commu
sf,I the board of health indicated that it was phrased another way, there is no histor
s -s technically feasible to lay out water and a consistently liberal board policy that
sewage facilities in a manner that would suddenly and dramatically changed to
�f not create an unsanitary condition, the zon- disadvantage of this petitioner. Thi
ing board was certainly free to conclude the board denied a variance to a bu
that, after three years from the last resi- who sought to construct a residence or
t dential construction, the area had become
same parcel. This indicates that the b
.' too congested to permit further substand-
l-i had' changed its policy on variances
j and development. The board could consider
before this petitioner applied for
s o a en Thus,f the existence of several nonconforming uses denial f his application was coi
in the same immediate vicinity, uses that, ent with the board's policy with respe
u
constitutionally, the board was powerless to
this neighborhood.
change. That the board had granted two
variances in the past did not strap it to [3-5] Turning to the second gr
; : . grant variances to all comers in the future pressed by the petitioner—that the '.
s; 1, automatically and without due regard for abused its discretion in denying the
�59F_Lchanged conditions that might require a ante—we find that the evidence subs-,
The Appellate Division's statement to the effect is denied" (51 A.D.2d at p. 570,378 N.Y.S
1
that a claim of discrimination is made out situ- p. 749), is in plain conflict with rstab
t, ph if"Tweedledee is granted,and Tweedledum principles and cannot be sustained.
R .7 I
�i
'���� :it�� � �jr.4,�.. -SC� .;,-r�4y.,� ,..i'�� .'!v ,''f'r ir.:.'7 'fa'�' j j� "�: _ �i;• 8�. q'^��°sf •Q
1 � a
41 N.Y.2d 598 COWAN v. KERN 583
Cite as 394 N.Y.S.2do-79
ates the board's conclusion that the peti- interdictions of the zoning ordinance which
tioner had failed to establish that the denial limited ' development." (flatter
of the variance would result in the infliction of National Merritt v. Weist, supra, at p. i t'
of either significant economic hardship or 444, 393 N.Y.S.2d, at p. 384, 361 N.E.2d, at
practical difficulty. Before the zoning au- p. 1033.) Hence, economic loss, if there be
thority is required to explain why the public any, was self-inflicted and self-created.
health and welfare requires adherence to While no proof of. the purchase price has ,
the zoning standard, the petitioner must been adduced, it is reasonable to assume `
first come forward with proof of significant that the price obtained by the County-of
economic injury. (�llatter of National her-
j y• Nassau at the sale reflected the value of , 1
ritt v. Weist, 41 N.Y.2d 438, 442, 445, 393 the property as restricted by the ordinance. i
�'.Y.5.2d 379, 3S3, 355, 361 N.E.2d 1028, Hence- the granting of the variance would,
1032, 1033; see Conley v. Town of Brookha- like as not, result in a windfall to petitioner
ven Zoning Bd. of Appeals, 40 N.Y.2d 309, well above the minimal price paid at the
386 'N.Y.S.2d 681, 353 N.E.2d 594.) The tax sale. `Chile the fact that any financial
petitioner's only proof on the question of hardship was self-imposed does not prevent
financial hardship was to the effect that if the board from granting the variance in a .
J s9T theLariance was granted the real property proper exercise of its discretion (Conley v. 4
_ for building purposes would be worth ap- Town of Brookhaven Zoning Bd. of Ap-
proximately $7,500, whereas the real prop- 2 +
erty was worth onl • approximately $1,000 - Peals, 40 N.Y.2d 309, 315, 386 N.Y.S.2d. 681,
y pp y 684, 353 N.E.2d 594, 597, supra), the exist-
without the variance. However, in calcu- ence of a self-created hardship does not
lating whether financial hardship,would-be entitle the landowner to demand a variance. '
inflicted by adherence to the zoning stan- (hatter of National Merritt v. Weist,supra,
dard, the inquiry should properly focus ;
41 N.Y.2d, at p.442, 393 N.Y.S.2d, at p. 383, ( i a
upon the value of the parcel as presently 361 N.E.2d, at p. 1032.)
zoned, rather than upon the value that the !.
parcel would have if the variance were One further comment is necessary. The `
granted. (flatter of Douglaston Civic Assn. dissent places its primary reliance on the
V. Galvin, 36 N.Y.2d 1, 9, 364 N.Y.S.2d 830, standard of review articulated in .'natter of
836, 324 N.E.2d 317, 321.) Concededly, the Fulling v. Palumbo, 21 N.Y.2d 30,-33, 286
parcel, without the variance, has an eco- N.Y.S.2d 249, 251,' 233 N.E.2d. 2 M, 2 M.
nomic value of at least $1,000. In the ab- Since 1967 when Fulling was decided, we a
Bence of proof as to what the petitioner have had numerous occasions to both clarify
paid for the property at the tax sale, there and modify much of its admittedly broad s
is no predicate which would support a find- language. (E. g., hatter of National tier-
ing of.economic hardship in requiring the ritt v. Weist, supra,41 N.Y.2d,at p:1142,393 Asa
petitioner to adhere to the zoning ordi- N.Y.S.2d, at p. 383, 361 N.E.2d, at p. 1031;
! nance. Thus, the petitioner failed to prove Conley v. Town of Brookhaven Zoning Bd. }
that the property will not yield a reasonable of Appeals, supra; flatter of Overhill Bldg.
{ return if the area standard restrictions are Co. v. Delany, 28 N.Y.2d 449, 455, 322 N.Y.
im osed." (hatter of National Merritt v.
p S.2d 696, 700, 271 N.E.2d 537, 540; Matter
Weist, supra, 41 N.Y.2d, at p. 442, 393 N.Y. of 113 Hillside Ave. Corp. v. Zaino, 27
S.2d, at p. 383, 361 N.E.2d, at p. 1031.) N.Y.2d 258, 261-262,317 N.Y.S.2d 305, 306-
[6] .Moreover, the manner in which peti- 307, 265 N.E.2d 733, 734-735.) The present
tioner acquired the property,by purchase at dispute simply involves a challenge to the !
a tax sale, indicates that any hardship was rationality of an administrative decision.
willingly assumed. In view of the tax sale The petitioner does not challenge the con- i
purchase, the petitioner, an attorney, is cer- stitutionality of the zoning ordinance as
tainly "chargeable with knowledge of the applied to his property. In this circum- !i
i�
.',
r
584 394 NEW YORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 598
stance, it would be inappropriate to apply discretion. (Matter of Fulling v. Palumbo,
constitutional criteria (see, e. g., Matter of 21 N.Y.2d 30, 32, 286 N.Y.S.2d 249, 250, 233
Grimpel Assoc. v. Cohalan, 41 N.Y.2d 431, N.E.2d 272, 273; Matter of Lemir Realty
Ii 393 N.Y.S.2d 373,361 N.E.2d 1022; McGow- Corp. 'v. Larkin, 11 N.Y.2d 20, 24, 226 N.Y.
an v. Cohalan, 41 N.Y.2d 434, 393 N.Y.S.2d S.2d 374, 181 N.E.2d 407.) Phrased another
376, 361 N.E.2d 1025) in lieu of the tradi- way, the determination of the responsible
s, tional standard applicable to the judicial officials in the affected community will be
s review of all kinds of administrative deter- sustained if it has a rational basis and is
minations. Even the Fulling case recog- supported by substantial evidence in the
nized the limited nature of the judicial scru- record. (Matter of Wilcox v.-Zoning Bd. of
tiny of local zoning decisions. Notwitb- Appeals of City of Yonkers, 17 N.Y.2d 249,
standing the broader sweep of the opinion, 255, 270 N.Y.S.2d 569, 572, 217 N.E.2d 633,
the ultimate issue was stated to be whether 635, supra.)" (Conley v. Town of Brookha-
"the Zoning Board of Appeals abused its ven Zoning Bd. of Appeals, 40 N.Y.2d 309,
discretion, as a matter of law". (21 N.Y.2d, 314, 386 N.Y.S.2d 681, 683, 353 N.E.2d 594,
at p. 32,286 N.Y.S.2d, at p. 251, 233 N.E.2d, 597, supra.)
at p..273.) The dicta to which the dissent
averts is not now,if it ever was,representa- _L[7-9) The crux of the matter is that the _L599 _
tive of the state of the law. In fact, the responsibility for making zoning decisions
cases which followed Fulling quite consist- has been committed primarily to quasi-leg-
3 ently adhered to the traditional standard. islative, quasi-administrative boards com- }:
(E. g., Matter of 113 Hillside Ave. Corp. v. posed of representatives from the local com _
Zaino, 27 N.Y.2d-258, 261-262, 317 N.Y.S.2d munity. Local officials, generally, possess
L
4 305, 306-307, 265 N.E.2d 733, 734-735, su- the familiarity with local conditions neces-
pra ; Matter of Overhill Bldg. Co. v. Dela- sary to make the often sensitive planning
ny,-28 N.Y.2d 449, 454, 455, 322 N.Y.S.2d decisions which affect the development of
i 696, 699-700, 271 N.E.2d 537, 540-541, su- their community. Absent arbitrariness, it
pra; see Matter of National Merritt v. is for locally selected and locally responsible
Weist,41 N.Y.2d 438,442, 443,393 N.Y.S.2d officials to determine where the public in-
{ '{ 379, 383-394, 361 N.E.2d 1028, 1031-1032, terest in zoning lies. (McGowan v. Cohalan,
supra.) We have recently reiterated the 41 N.Y.2d 434, 438, 393 N.Y.S.2d 376, 379,
rule. 361 N.E.2d 1025, 1028, supra.) Judicial re-
"The oft-stated standard by which a re- view of local zoning decisions is limited; t
i quest for an area variance is to be meas- not only in our court but in all courts.
ured is whether strict compliance with the: Where there is a rational basis for the local
decision, that decision should be sustained.
zoning ordinance will result in practical dif-
�., ficulties. (E.g., Matter of Wilcox v. Zoning. . It matters not whether, in close cases, a _
Appeals of Cit .of Yonkers,supra[
Bd. of A ea 17 court would have, or should have, decided
. .i 3 P
N.Y.2d 249, 270 N.Y.S.2d 569, 217 N.E.2d the matter differently. The judicial re-
633]; Matter of Village of Bronxville v. sponsibility is to review zoning decisions but
' ? Francis, 1 A.D.2d 236, 238, 150 N.Y.S.2d not absent proof of arbitrary and unreason-
+ re}` ' 906, 908, affd. 1 N.Y.2d 839, 153 N.Y.S.2d able action, to make them. Nothing in
220, 135 N.E.2d 724; 2 Anderson, New York Matter of Fulling v. Palumbo,21 N.Y.2d 30,
s�I+: Zoning Law and Practice [2d ed.], §§ 18.32, 286 '\.Y.S.2d 249, 233 N.E.2d 272, supra is .
_r 'r'• =" 18.33, 18.40.) The local zoning boards have to the contrary. Here, the record does-not 1. :`,•.-
1 � discretion in considering applications for indicate that the zoning board acted in a
variances and the judicial function is a lim- manner that was in any way arbitrary,
ited one. The courts may set aside a zoning unreasonable, irrational or indicative of bad
EE 5 board determination only where the record faith. Its decision, therefore, should not
. f
e � reveals illegality, arbitrariness or abuse of have been disturbed.
,-V
a�.��':a.;°•r,��� �..�.t, „_ �'wsa' '�. ..�..�,.* M ,.'�'e.•,.r,r.�#� :�rci�fin. .. _ a .:t:a"a'4� �s F :�. � . `�.•. is
1< .�� MJ� �., -. -,.7 � .�AX.T�. f 4 g f �.�....+ ♦ !, y'`y .,�.,,�r-,[('K'a, \J J0F'
Z."ry��1'. ''3;- :.� �' f, �_ F .+r"-.r `s,.�` ,e�'a ''-` '''..t�'�� �p '�` ,F�-k�;••yf$ 'T i�a,�s".`�§.,�"X^*'
•S.
2 COWAN v. KERN585
41 N.Y.2d 601
Cite as 394 N.Y.S.2d 579
Accordingly, the order of the.Appellate burden of going forward with roof that
PP g g P �::•�.�
Division should be reversed and the judg- the restriction is reasonably related to a or, �? P
ment of Special Term reinstated. legitimate exercise of the zoning power is I �fi`i�::�c�•:
b g P
upon the municipality" (Matter of National
G ABRIELLI, Judge (dissenting). Merritt v. Weist,supra,41 N.Y.2d,at p.443,
I respectfully dissent and vote to affirm 393 N.Y.S.2d, at p. 383, 361 N.E.2d, at p. .
the order of the.Appellate Division. In this 1032). The proof of significant economics
case the petitioner seeks an area variance 1 injury is met by demonstrating that the
as distinguished from a use variance, and property will not yield a reasonable return,
tL..
just recently- this court stressed the impor- but there is no requirement that in an area
tance of this distinction "since, in the usual variance case the petitioner must prove rsa: xe 3
case, a use variance will have a greater what he paid for the property. In Matter
1 1
impact on the community than an area vari- of Fulling v..Palumbo (supra) the proof .1w `1
ance which does not involve a use prohibit- demonstrated that Fulling had been offered I r
f
ed by the ordinance" (Platter of National $11,000 for his property by his two neigh-
,Merritt v. Weist, 41 N.Y.2d 438, 441, 393 .bors but with an area variance he could
N.Y.S.2d 379, 382, 361 N.E.2d 1028, 1031). obtain double that amount. This was
An area variance does not alter the basic deemed sufficient to satisfy his burden of .
character.and nature of the community in ,.'proving significant economic loss. In the 1 "
the manner that a use variance does and, case before us Cowan demonstrated that !
therefore, the courts have rationalized and without the variance his neighbor owning
properly held that different standards of contiguous land, and who had objected to '
burden of proof are applicable (Platter of the grant of the variance in this case; '
National Merritt v: Weist, supra). "The would purchase the property-for $1,000 but
j�
difference in the level of proof is explained with the variance the value would rise to
by the fact that, generally,an area variance $7,500. This, too, should. be deemed suffi- I !
will release a landowner from the duty to
cient to sustain the burden of proof. The ,
goo follow strict letter of the zoning ordi= fact that Cowan purchased the property at +� x
nance so that the land may be put to a a tax sale and failed to reveal the price paid
permitted use. On the other hand, a use is not determinative here. To demonstrate,
variance, if granted,will result in the use of if Cowan had paid in excess of $1,000 for :
land in a manner inconsistent with the basic the property, clearly the denial of the area
character of the neighborhood" (Conley v, variance would result in economic hardship -
Town of Brookhaven Zoning Bd. of AP- because it would result in an actual finan- i
peals, 40 N.Y.2d 309, 313-314, 386 N.Y.S.2d cial loss. Likewise, if he paid less than
681, 683, 353 N.E.2d 594, 596). $1,000, a situation analogous to the facts in
The petitioner has the burden of proving Fulling, he has still demonstrated economic
that the imposition and application of an hardship because literal enforcement of the
area standard will create significant eco- ordinance will cost him 867c of the value of
nomic injury(Matter of Fulling v. Palumbo, his land (see 2 Anderson, New York Zoning
21 N.Y.2d 30, 286 N.Y.S.2d 249, 233 N.E.2d Law and Practice, § 18.40).Serious finan- moo;
272) and once that proof is adduced "the cial injury need not be equated to actual
1. The ordinance requires an area of 10,000 ed a similar area variance. Obviously,the ordi- ?+
it
square feet. Petitioner,desiring to erect a one-. nance was calculated to maintain the essential
family residence, requested an area reduction character of the neighborhood,which was resi-
! by reducing the front yard setback from 40 feet dential, and there was no evidence that a grant
i to 37 feet and a backyard setback from 50 feet of the variance would defeat this purpose; and, j
to 38 feet. in fact, the proof established that a new house ( f
I
on this lot would improve the raighborhood.
2. It is of consuming interest to note that this
objecting neighbor had but recently been grant- S t
I . .
`y 394 NEW YORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 601
586 .
- financial loss; a significant differential in decision of the board is silent on the issue of
is I value may amount to a hardship even if the self-created hardship but even if it had
i
:4• iN: ' owner paid nothing for the property. been considered, in view of the severity of
I'= The majority, citing Matter of Dougla- the economic loss, it would be insufficient
ston Civic Assn. v. Galvin, 36 N.Y.2d 1, 9, to mandate denial of the variance.
e: Accordingly, the order of the Appellate
364 N
4` .Y.S.2d 830, 836, 324 N.E.2d 317, 321
E; holds that in determining financial hard- Division should be affirmed.
F
ship, inquiry should focus on the value of
fi- the property as presently zoned, "rather BREITEL, C. J., and JONES, WACHT-
i; than upon the value that the parcel would LER and FU_CHSBERG, JJ., concur with
s ' have if the variance were granted" (p. 583 JASEN J.
e of 394 I\T.Y.5.2d, p. 309 of 363 N.E.2d).
Matter of Douglaston Civic Assn.involves a GABRIELLI, J., dients and votes to
use variance. The standard of proof in a affirm in a separate opinion in which
iuse variance case must necessarily be more COOKS, J., concurs.
stringent than in an area variance case Order reversed, with costs, and the judg-
e 3 i because the character of the community is ment of Supreme Court, .Suffolk County,
affected. On the other hand, proof of eco- reinstated.
nomic injury, in the context of an area-
i variance, need,not be as restrictive since the
' over-all impact of relief is less burdensome o S KEYNUM3ERSYSTEM
on the community. The quantum of evi- T
` deuce necessary to satisfy the burden of
1 proof must be balanced with the public
linterest affected (see Matter of \ational 363 N.E.2d 312
E' Merritt v. lVeist, supra). Where the peti- 41 N.Y.2d 602
I
tioner shows that the value of the property
under the existing area restriction does not UNICATIONS, INC.,
I
DFI COMMUNICATIONS,
yield a reasonable return as compared to
the value of the property with an area v .
variance, the burden of proof of economic Sanford GREENBERG, Appellant.
injury has been met. Economic injury does
1; Court of Appeals of New York.
r } not, of course, end the matter. If there is a
1 legitimate purpose for the ordinance and it April 5, 1977.
is reasonably related to the public health,
financial loss will be inadequate to justify
granting the variance (Matter of Overhill Corporation brought action to enforce
Bldg. Co. v. Delany, 28 N.Y.2d 449, 322 stock purchase agreement executed.by indi-
s�z: N.Y.S.2d 696,271 N.E.2d 537). In this case, vidual defendant who counterclaimed for
however, the board introduced insufficient breach of employment agreement. The Su-
. -,-�•_,:��r �
'�y;}.. "evidence", and indeed the record is sparse, preme Court, New York County, William
if not totally lacking in evidence that deny- Mertens, J., entered a judgment in favor of
in the variance would benefit the public•. ,� � g P corporation in connection with the purchase
health and welfare.
and employment agreement executed be-
::^.A
.: fi g:{ t•� The fact that the financial hardship may tween parties and cross appeals were taken.
•`�� '' ''• be self-imposed does not prevent the board The Supreme Court, Appellate Division, 51
from granting the variance (Conley v. Town A.D.2d 403, 381 \T.Y.S.2d 880, affirmed and
of Brookhaven Zoning Bd. of Appeals, su- an appeal was taken. The Court of Ap-
i pra) but is one factor which may be peals, Gabrielli, J., held that the minutes of
weighed with the evidence before it. The board of directors meeting signed by cor-o-
.:r
CIII
i > .
� �e �7��sta�r�35]�b � {.� «�' --}'_„ +��"•.f �. .'��` "�aa - .s..�:�i �ry: _F. :� '.`��'}'.��V;}..
r. ice' r ;� ;y, ,. a: - -fi�,� �+^• L I. J
r, ti •
WACHSBERGER v. MICHALIS 621
Cite as 191 N.Y.S_d 621
It is a sad commentary that an entire month of the court's time and
energy has been devoted almost exclusively to the resolution of problems
parents should be able to work out themselves !which mature, intelligent p . ;� ` •.: i � �7
for the sake of their children. " s
The parties are cautioned to make every effort to abide by the terms of 1� ,
the order to be entered hereon, both in letter,and in spirit and to avoid
at all costs any further litigation.
All motions upon which decision was reserved are denied. i
Settle order forthwith.
- c
-
- O S[ET NUMEEN 51'STEM - �I
Application of Sidney.and Belle WACHSBERGER, Petitioners, For an Order 1
Pursuant to Article 78 of the Civil Practice Act v. Walter G. MICHALIS,
Charles Gregory, Kenneth Chave, and William Seiffert, constituting the ;{
`s Board of Zoning Appeals of the Town of Hempstead, Respondents. f
Supreme Court, Special Term, Nassau County, Part L
Sept. 2, 1959.
ng' PP
Proceeding on application for area variance. The board of zon-
�ing appeals denied variance and appeal was taken. The Supreme Court, j 3
Special Term, Bernard S. ',\Iey er, J., held that where no evidence was
_ -.r presented to board of zoning appeals in hearing on application for area
variance whether difficulty could be obviated by some method, feasible ,
for the applicant to pursue,. other than the variance, and,board's original
consideration of the matter denying variance was based on improper
criteria, matter would be remanded to board for further proceedings.
Remanded to board of zoning appeals for further proceedings.
L Municipal Corporations 0-621.17
A change of area may be granted in a zoning case on ground of A i
practical difficulties alone, without considering whether or not there is
an unnecessary hardship in absence of statutory provision to the con- • '"
trary. _ 1
w:�:. 2. Municipal Corporations 0-621.17
3 Under statute to effect that where there are practical difficulties ;}
or unnecessary hardships in way of carrying out strict letter of•zoning
ordinances, board of appeals had power to vary or modify applicatio fT
n
.:_;• of any regulations or provisions of ordinance relating to use, construe-
_r.
.iR4
:4
'r'`' a ii. •a •> � mot . s"i -f,
•�' t i '
s�� 191 NEW YORE SUPPLEMENT, 2d SERIES
a r ` tion or alteration of buildings or structures or use of land, special hard-
- ship need not be established as a condition to granting an area variance.
Town Law, 267, subd. 5.
r S. Municipal Corporations «621.22
In determining whether area variance could be granted to permit
square feet to build two-family house
owner of plot containing 11,55S
although ordinance, nine days before owners took title, was changed
3r. ,
to require a minimum of 12,000 square feet for a two-family house,
board of zoning appeals should have considered how substantial the
variation was in relation to the requirement, effect, if variance were al-
lowed, of increased population density produced on available govern-
mental facilities, whether a substantial change would be produced in
character of neighborhood or a substantial detriment to adjoining prop-
erties created, whether difficulty could be obviated by some.method,
feasible for applicant to pursue, other than a variance, and whether to
t view of manner in which difficult} arose and considering all above
factors, interest of justicewould be served by allowing the variance.
Town Law, a 267, subd. 5.
. 4. Municipal Corporations Cr 621.57 - --
tr Where no evidence vas presented to board of zoning appeals in
f; hearing on application for area variance whether difficulty could be ob-
`' iz viated by some method, feasible for the applicant to pursue, other than .
the variance, and board's original consideration of the matter denying
4\: s
variance was based on improper criteria, matter would be remanded to
# board for further proceedings. Town Law, 267;subd. 5.
5. Municipal Corporations G-621.47
�Vhere visual inspection wasmade of property in connection with
�; .. hearing before board of zoning appeals with respect to application for
t area variance, board's decision should set forth facts which would be'
{ : ascertained upon such inspection and which would be relied upon to sup-
:. ,.
port board's determination. Town Law, 5 267, subd. 5.
' �. ::' '' Iryin� J. Berman, New York City, for petitioners. '
:° #
r ,
Hem tead Town Attorney, for respondents.
A. \Iorhous,. ps
John
Robert D. Bell, Wantagh, of counsel.
BER\ARD S.. \IEY ER, Justice.
This Article 78 proceeding is remanded to the Board of Zoning gip= 3
X[ z' peals for further proceedings. According to the petition, petitioners i
F are husband and wife, 58 and 56 respectively, "semi-retired" and no��'
residing in Far Rockaway. On August 22, 1957, they purchased the
4 '�*•4 :q •� land in question in ��'oodmere for S8,000 under a contract reciting t1i't
the remises -ere subject to zoning restrictions "which do not prohibit
'ors`
�®R, h d'.k. ..�i' *�•:;. ,�, �"t { '�4� •'a�`'F+�..+:-F � � '-a�"
�� !. .�,..•'�4. ��z. a r 4,,,,3 z �' �' •: .� `* I ti13: .� � V , fin.\ -r,�+nmy,y. r
}• WACHSBERGER v. MICHALIS 23
Cite as 191 N.Y.S.2d 6"-1 6
the erection and maintenance of a one or two family dwelling". The
' seller had in 1933 obtained a re-zoning from Residence "B" to Residence
C Residence C zoning permits one or two-family houses and in •� I .,` : � ,
February, 1936, the seller was issued a permit to erect a two-family house
on the premises. The total area of the plot is 11,538 square feet, but
g square e per family,
1n 19.,6 the Zoning Ordinance required only 1�00 sq i re feet p
" or a total of 3000 square feet for atwo-family house. On August 13,
1937, nine da}-s before petitioners tool; title, the ordinance was changed, i l; -.: .
effective September 9 1937, to require a minimum of 12,000 square feet
for a nvo-family house. Petitioners had no actual knowledge of the
change until their application for a building permit was disapproved on
a PP a P PP ,. 2
= ; April 10, 1939. f\•Ieanwhile, the • had contracted for the construction
of a $28,000 two-family- dwelling. They then applied to the Board of
Zonin PP or a variance after a ear
g Appeals for and aft hearing the application was I
a � a
denied in a decision which recited that it was made."after due considera-
tion of all the statements made-to the Board, of evidence received and
the Board's inspection of the premises" and gave as the reason'for denial
that, "The applicant has failed to show that the premises cannot be used
i-
- = for a one family dwelling. Agrant %N-ould be contrary to the spirit and
intent of the Ordinance". The papers submitted to the Board and in this
proceeding show that the house proposed to be erected would have the
outward appearance of a one family house, that the premises are ad-
t <' oined on the west b two apartment houses,one of eighteen families,the
] Y P
other of twelve, and that on the south side of West Broadway diagonallyHA
-o-family houses, one erected on a plot
opposite the premises are two tN\
5880 square feet in area and the other 8100 square feet. •It is further
._ stated in the petition, although not in the papers presented to the Board, !'
-.
yn r: that additional footage cannot be acquired from the owners of land to
h � -
'' the east and west. Nothing is said concerning acquisition of such foot-
'!
age from the owner of land to the north.
[1 2] The application to the Board was grounded on unnecessary
hardship and the reason given in its decision, as well as the arguments
made in its brief, show that the Board was appl}ing the rule of Otto v.
Steinhilber, 282 N.Y..71, 24 N.E.2d 831. This was error since what
is here involved is not a change in use but in area, and the rule clearly is �
that, "A change of area may be granted on the ground of practical diffi-
whether or not there is an unnecessary
culties alone, without considering
hardship. * * * in the absence of statutory provision to the con-
trary, special hardship need not be established as a condition to granting ! '
;s F an area variance". Village of Bronxville v. Francis, 1 A.D.2d 236, 130
N.Y.S.2d 906, 909, affirmed with opinion 1 N.Y.2d 839, 133 N.Y.S.2d
220; Gapinski v. Zoning Board of Appeals of Town of Cheektowaga, L '
,
:1t :t 3 A.D.2d 976, 162 N.Y.S.2d 943, appeal dismissed on stipulation 3 N.Y.
Jit r 2d 920, 167 1N.Y.S.2d 920; Siegel v. Lassiter, 6 A.D.2d 879, 177 N.Y.S.
/9
A, y]h
I�7-+
...�.- ~ '�� X•i„ .y`z .t a e .'�Y C ".. " .$ ,•.i �7"s r.'�"'"^"r„•,�+t�' ' '.n. < M p�:'^'
.a-, 624 191 NEW PORK SUPPLEMENT, 2d SERIES
2d 894. The statute here involved, Town Lary, 5 267, subd. 5, is not
to the contrary. It is phrased in the disjunctive, referring to "practical
difficulties or unnecessary hardships".
. [3-5] No definition of "practical difficulties" has been laid down by .
a, �r
ordinance, statute, case lacy or text book, although a zoning board was
held in granting an area variance because of practical difficulty in
u gg p
x a� _ Feldman v. \assau Shores Estate_, Inc., 12l'Iisc 2d 607, 172
769, affirmed 7 A.D.2d 757, 181 \.1.S.2d 79 and was ordered to grant '
34
such a variance because of practical difficulty in Gruen v. Simpson, Sup.,
- 153 N.Y.S.2d 287, not officially reported, affirmed 3 A.D.2d 841, 161
'. ti N.Y.S.2d 843 and Stadden v. Macauley, 12 11isc.2d 297; 178 �T.Y.S 2d
".� 954, affirmed 4 A.D.2d 70-1, 164 \.Y.S.2d 100' . Clearly, however, a
r two-family dwelling being a permitted use, the question to be determined
is whether "carrying out the strict letter" of that provision of the ordi-
nance requiring a 12,000 square foot area fora two-family house -
created a practical difficulty that could, consistently with "the spirit of
�. .• � the ordinance" and the security of "public safety- and welfare", be varied
' fs_ in order that "substantial justice [be] done". (Town Law, 267; subd._
3 • _ 5.) To that inquiry the question yhether the property can be used for
a one-family dwelling has only slight, if any, relevance. In its deter-
Y. X
urination the Board should consider (1) how substantial the variation
• �
:ems is in relation to the requirement, (2) the effect, if the variance is alloyed,
'tom- of the increased population density thus produced on available govern-
mental facilities (fire, water, garbage and the like), (3) whether a sub-
r�` stantial change will be produced in the character of the neighborhood or
a substantial detriment to adjoining properties created, (4) wl:ethzr the
f^R difficulty can be obviated by some method, feasible for the applicant to
,•„ z whether in view of the manner in
s, x $ pursue, other than a variance and (-)
' which the difficulty arose and considering all of the above factors the
• '. t interests of justice will be served by allowing the variance. On all ex-
s e•
_.z �•. cept item "4" the facts presented in the petition in this proceeding favor
1r - the granting of the variance." Since, however, no evidence���as pre-
:�_�
sented to the Board on item 4 , and since the Boards ori�irial con-
r�.6± _`:-r x the matter will
za3;
.. r` sideration of the matter was based on improper criteria,
be remanded to the Board for further proceedings. On such rzman�l
. • , since visual
., the attention of the Board is directed to the requirement that
inspection was made of the property, its decision set forth the facts as-
�.r.:..
certained upon such inspection which are relied upon to support the deter-
ruination (Gerlin v. Board of Zoning Appeals of Town of Clay, 6 A.D.
2d 247, 176 \.Y.S.2d 871).
Settle order on notice.
SEC
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31
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TCN Z Z L..E v� z �TC. Z —E • L.Nt
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SEE SEC NO ON . 'i23 Is
AN. TK Tf ..,.A,
A];
Legend KEY&AP_j nr COUNTY OF SUFFOLK TmoFSOUTHOLD
I...EL RAKER,14. U- F Real Properf Tax Service Agency v1—GE
SCALE —1 C.u.jy Center MlYmum. 1000 Lj11-1— A— —7
P.' 4 C�—
Riverhead,L.I.,N.-Y-k MIMI MAP
C.—;
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420
A<
CO1 T VOW tAW1 sarOle tIG11aW TM 111ST1911111*1 IMI INIMUM"t s6#0010 a UUU BY LAWYLKS OMIT
-
THIS INDIENTURF,mailethl- 28thdavtj Kay .,I neventy o ix
3111WEEIN
MMILR A. WIMUG, residing at 560 Sunset Street, mattitu6,., New
cork 11952o WA j, pAIuMR wIcImAH, residing at (no number) Airway
Drive, pattituck, New York 11952
*A.W 1_t will and
W mucomm of Ka.-gu*rLto W. Goldsmith
poty of do k*put,and
pA=RT X. MM, residing at (no number) Nassau Point Road, Cutchoyir-,
Row York 11935
110"7 of do owcoad put
Wrtj4RSa7R.titer dw pwy(4 the gm part,by virtue ni till,iw,%er and willory it% v,1%1.1 :1 a It, 140 last
-0 Wd ba"WK as I is Ca"W"AtIM of
Twenty eight thousand ($28.000.00)--------------------------- -----
paid lq the pmriy U the
rehaw veto Ike Nrty of thr wvand part,flie hriT,,or Mill 1`•e1111.310 .4 till,1*3111,
ALL Am Canis pkt,piom fir P&Crl Cj 6W. aith th.#pIlkikifte-62nd 1tMWY7VWWIJS!l'
IyftwdWhgj@d#1m at Hattituck, in the Town of southoid, ccujit:y of Suf f C,,i.-
And State of Now York, bounded and described as follown:
UGIMXVG at a point set on the westerly live of marratcxjk.-i 1,-jnv 'j
feet northerly from it's intersection with the norLhcrly
Suffolk Avows;
runniM thence on a line which passes t1roWn a concritti: w-nualf
set near the dare of Marratooks JAkpaprth 79 degrees 02 winutte I-.
seconds West 305 feet, to the shore/ar-yArratooka Lake-,
repAixg thence northerly by and along the mboc* line of xarracz.!J,
Lake ,114 foot more or less;
running thence South 82 degrees 00 mimtoo test 135 feet mi)rx
or less
thence South 88 degrees 37 uinutet 43 seconds Last 22,j.j fcet U:
a memisimat on the westerly line of Morr&tooka Lane;
rwaimq thence along tits said westerly line Of M&rf&t0Qk* ZATI&
SoutA I d"rea 22 miniatoo 20 seconds West IGS-0 foot to the point or
place of SM11111111M. MilSan of
I A.,41%. �z 3 0.
TOCEMER with afl right,tide and interest,if atw.of lb-i).ivt% of den kN Palj t ail; VIFf-ets ar-1
=mk ahwing the abo%v dmvibd tt'."p%-vtrpAMBM,
alma ail sir state which the said Irk%lrdew had at the titne of fin,--k-ztt'l& th in s+.i,(vt mi-- avl akw)
dw evieft dwimin,which the party of thr-first put hu tic kas lit-mcT to(Oft%-m or dilqxre,4,w4p-Awr jNwLvJ-
"Ily.or by%*tw of aW will or othe-mist,;TO HAVE AY)To HOLD thr'n—ties 1,F.41I Cirzy.-T-1 ti-A-)
die party of the wCond pin,the 6ift tit SlIAmirwW,and js%irp%fA 11W 1,2:1, '70 fl, it Ir.—I
AND Hie yoltibefirst ctweriatits that ilve part} 4 tim,fiist pan has notwheteby Cold pmaim-s hart hose hevu itwitulIertil it,ay,y"ay wfule—r.ii qcrpt a;a(m,
APIDtLepart,i-oftbe firm part,in comliliailtv%%-itb S,,i-ii 11of tl,,-IJI-i,,V tialk
--s--
PM1401 ncri the Corali'm for thus 11 ai'd"M -ld t1u•rijir f, I z
anon nowust fund to be mli)pWd first for theIli-111 Ill"till'(1.1 tlW
0woome h*10 tin PAVEIMI of the cc*of 1hL.impili-elf)"It IN-6 it,ij,b.c an) 11.11 A!,`.r t"I'l ,I t:_T
�T,
lbe consuvW"if it md�pwt"w1wwwri thr stmw tv this nju!;-_F,
5ldr6r,do petty or die het part has dulyrimi-ited this 6% i!jd car Ent
shmie udft&
hail A.A. !firs'
too
tafras at Ar aat own aflrtlolk as: eaat ter rater caws*«
tLY of19 ,betas tee
Ox*a 1/th agraf May 1/76�a* �xall)cat"
ifa m Mmila A. Nirein9
ratkor Nickhm WS be the I"Vldw desctibod in and who
M wit!Mara is bp Ira I moll I iM datwMJ la anal%U m t Wvv "fo ,Wd aeknorriedttcd that
they
iraat,ad ackaorrkdKed mcc,ted for sse+e.
somm"MOO-d the sear-
tlwaRt' iatM/'t;ewflati ' .
a�@#
Lnaarrr�a�lalrh - ' ,
•. - � sr
....Wert was,SWw...
1Oadw Asyof 17 .1rFfwem;
Oa� j 1/ ;.be("trot 1 P"ma*'C-W
}wwaa�►ata•a live Mrteti RMA wMarM to live {e,etrsn! CtEfr+car,f v a!,
to afs rawer.eerier,bdrR Ny wa r a* &a dtpr'u and j �m I am pectoaayv r v 6n !rir c by mr es t
�7 trat re realdea at No. I mcxn.did pow
drat W is Ira.. ern he Lums
of do at imiowe&-]
is No"11� ;ai
aiatl:y alders of io1i�of and ere tlti tattMlW� r
w.r..rf iwc 'Z dpa r .ra dm iry lie
. _ lYtawb.
l•ls �� ��r.� *r.d
Tm W& "{h,S r
and J. Patter LugptaiL A. Nirsfty �TOWN of Southold
Nidi]taw County of Suffolk
tta..wa w agar s
flloMarrt _. FAhM e1
r
a.tra by M"w
�ti/t#��al ttii tarts
fh,trt�aetnl�Y
�wgvvt Main rRoad. Cron, Esq.
tMOVIIIII& 04MVIA'" CutChpgne, New York 11935
l�aN'f>M�rR M�iMa t;r w
zr
s �
at
L�
yn
A
lS�t do,..
i
RbiK72 teasers/.Y/S U.tuts MIQ/+7Ys aaa lets Dwe.weed Grrr+re rrYrrur Gr.rwor i Acba++a..�du.1 a Cmea.ea+ItW+e4 ah.wl
tte�tLT Yt>Rwlllt ml/!Oa[MIs1N Tllm MM7�1 TIA MTIM�ISPR MtouLD 92 USND/Y IAWYa OIL11.
Tfltf hosesster+, we the a dey of October, nineteen hundred and seventy-nine,
Mflweme RNZRT E. REM, residing at Woodcliff Drive (no street number),
fe�v Mattituek, New York,
p waif s»srst pert.and DAVID C. WAu=, residing at Marratooka Lane (no
�crc, street number), Mettituck, New York,
•3M
V e party of the second pat,
MIIWs/eW,Yet the party d the tint pert,in consideration of Ten Dollars and other valuable consideration paid by
owlso"of 1ha saoond part.does hereby grant and release unto the party of the second part,the heirs or successors
Mile sesipea of the party of the second part forever,
N r
z, AN"cti a4r plot,pieceor parcel of land,with the buildings and improvements thereonerected,situate,lying and
Yeinginthe Town of Southold, „ounty of Suffolk and State of New York,
wort particularly bounded and described as follows:
"'�• ' SRGINNING at a point on the westerly side of Marratooka Lane at the
3� southeast corner of the herein described premises where the same is
intersected by the northerly side of land now or formerly of Cuddy;
said point also being distant 394.57 feet northerly as measured along
the westerly side of Mmrratooka Lane from the corner formed by the
` intersection of the northerly side of New Suffolk Avenue with the
westerly side of Marratooka Lane;
running thence from said point of beginning along land now or formerly
`� of Cuddy, first above mentioned, North 80 degrees 56 minutes 50 seconds
West 373.87 feet to the mean high water mark of the Marratooka Lake;
running thence along the mean high water mark of the Marratooka Lane,
on a tie line North 17 degrees 57 minutes East 57.51 fr_•et to land now
or formerly of Walker;
running thence along said land the following two courses and distances:
(1) South 82 degrees 00 minutes 00 seconds East 135 feet;
(2) South 88 degrees 37 minutes 40 seconds East 220 feet to the west-
i:i erly side of Merratooka Lane;
running thence along the westerly side of Marratooka Lane, South
• 1 degree 22 minutes 20 seconds West 89.50 feet to the point or place
of BZGDMING.
VjWz.'f to any state of facts an accurate survey may show.
SOL= to covenants, restrictions and agreements of record, if any.
Tego*m with all tight.title and interest,if any,of the party of the first part m and to any streets and roads abutting
the arose described p.emrses to the center Imes thereof;Together with the appurtenances and all the estate and
fights of the patty of the fast part in and to said premises;To Have And To Hold the promises herein granted unto the
party of the second part,the heirs or successors and assigns of the party of the second part forever
kow the party of the first put covenants that the party of the first part has not done or suffered anything whoreby the
twit prernisert have been encumbered in any way whatever,except as aforesaid
Awe/thepai y of the first part,in compliance with Section 19 of the Lien Law,covenants that the party of the first part
mat recwre the consideration for this.onvoyance and will hold the right to receive such consideration as a trust fund
to ba applied firtl for the purpose of paying the cost of the improvement and will apply the same fast to the payment
of the cost of the Improvement beforousing 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 thr,Indenture so requires. a i
la yttlllaes YIAa►Nf,the parry of the first part has duty executed this deed the day and year fact above written 1
�, Rt I or
7
1
t
STATE OF WrIVM.COUNTY OF SUPTOLK as: STATE OF NEW YOAK,COUNTY OF
SIB
on III S day of October. 1979 , before me on the da v of 19 betwe inn
Pr :8*Y CO— ROBERT E. REHH personally came
i
M me krrotvn to be the in/i►rduM described In ane who to me'•nown to be the individual described in and who
exeewa�Mo ifr.SeinS ent.and aeknowl ad executed the foregoing instrument, and acknowledged
r+N he MM executed the same.
NOtARY !IC,Sr..o I fir.Yak
Na.S24 12a0•Sus t Cwnp
CammoOrrr brass Munch 20.1109
STATE fMt
OF NM VO ,COUNTY OF �" as: STATE OF NEW YORK,COUNTY OF So.
On 00 day of 19 , before me On the day of 19 before me
prsanasy Save personalty came
,a was mpsv%WjW being MmedM sworn.did depose MW the iubacribing witness to the foregoing instrument, with
say vise fro roaWs at No. whom I am personNly ecqusinted,who,being by me duly
sworn,did depose;nd say that he resides at No.
filet ,that he knows
to be the individual
se tore corprstion described dewited in and who executed the foregoing instrument;
,n wW tdrrtfr aeearyr sera fpgoi' in serumerd;rye he fhat he,said subscribing vainest,was present and s-n
Mowsowseol of eW esAsrsefM.riserrs MM~tesold
irtm uffawt 1s Ousel gwpw a use;Mat it ssu so a1 nsil by ni sMs the came;end that ly,said witness,
MI/ar of rto boded of dk91:Ne ei sad ptpratien.and at the same tone subscribed h name as witness thereto.
I Mar 1W drAd b NNW*AM"rY 00 orrar.
SECTION
Ma ow&vb KOCK f[I!P1719 TIT
06 Catffaratt ANrtft QaaMes AM LOT
C11YOItTOwN
"ft N..
COUNTY
1t0�SRT E. REfRi
FAMO W r 11 der
II WM TITLE INSURANCE
10 Comparq of NawYark
FETU11N BY MAX TO
DAVID C. W►IM
James E. McGiff, Esq.
OWNS"M„ago New yw,s 70 East Main Street
ww+Taft Und@MW AM Patchogue, New York 11772
faMarslrr
WMTMIF
Tp
NrLO
� tJ <NU
r� U
to
a
i
STATE OF NEW YORK)
) ss. .
COUNTY OF SUFFOLK)
I , the undersigned, an attorney admitted to practice in the
courts of New York State, certify that the within executor 's deed
has been compared by me with the original and found to be a true
and complete copy.
I affirm that the foregoing statement is true, under
the penalties of perjury.
Dated : October 26th, 1988
CHARLES R. TUDD7
FORM NO.6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765 - 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted to the Building Inspec-
tor with the following;for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy $5.00
2. Certificate of-occupancy on pre-existing dwelling $15 . 00
3. Copy of certificate of occupancy $1.00
4 .Vacant Land C.O. $5 . 00 5� /
Date . . . . . . /✓6 (j�- . . . . . . . . .
New Building . . . . . . . . . . . . : Old or Pre-existing Building . . . . . . . . . . . . Vacant Land . . . . . . . .
lieu �--,`n ._._-�
Location of Property . . , �=/K . ��4`. , f`f/,�/(�'.�QS�! ' .�. . . . . . . .����`i
House No. �,� Street Hamlet .
Owner or Owners of Property . . . .4/Azoo.E-_A_ L < , , , ,
. . . . . . . . . . . . . . . . . . ... . . . . . . . .
County Tax Map, No. 1000 Section . . . . . . . . Block . . . d.. . . . . . . . . Lot . 0/ . . . . .
Subdivision . . . . . . . . . . 7777. . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . . .Lot No. .--. . . . . . .
Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Dept. Approval . . . . . . . . .. . . . .. . . . . . . . . .Labor Dept. Approval . . . . . . . .. . . . . . . . . . . . . . .
Underwriters Approval . . . . . . . . . . . . . . . . . . . . . . . .Planning,Board Approval . . . .. . . .. . ... . . . . . . . . .
Request for Temporary,Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . ... . . . . . . . . . . . . . . . .
Fee Submitted $ . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . .
Construction on above described building and p meets all applicable codes and a lations.
ApplicantO... . . . . . . . ... . . . . . . . . ... . . . . . .. . . . . .
. . . .
Rev.10-10-78::'.
HL n
So�d of ® n Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROSERT I nGUG4 nC
JOSEPH H. SAWICKI
James Dinizio, Jr.
List of Mailings
Hearings for October 26 , 1988
Southold Town Board of Appeals
Copies to the following on or about October 14, 1988:
Mr. and Mrs. Frederick Heigl
P.O. Box 32, Peconic, NY 11958
Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive,
Huntington Station, NY 11746
Horton Construction Co.
Attention: Mr. Gerry L. Horton
P.O. Box 1442, Mattituck, NY 11952
Mr. John G. Philippides
35 Avalon Road, Garden City, NY 11530
Mr. Charles Zahra and Mr. Raymond Nine 1830 Pike Street,
Mattituck, NY 11952
Mr. and Mrs. Carl J. Nelson
P.O. Box 373 , Greenport, NY 11944
Mr. and Mrs. William L. Schroeher (Re: Nelson)
525 Greenhill Lane, Box 608, Greenport, NY 11944
�lidcC'�vrau D v4II�O��e —_— _
Lod'. Kevin McLaughlin, Esq.
828 Front Street, Greenport, NY 11944
as Attorney for Marion Saccone
as Attorney for Joseph A. Stocken
ids Attorney for Turtle Associates (David Walker)
William D. Moore, Esq.
Box 23 , Suite 3 , Mattituck, NY 11952
as Attorney for Mr. and Mrs. Robert Baker
1
Legal Notice of Hearings for October 26, 1988:
Copies to the following on or about 10/14/88:
Mr. and Mrs. Robert G. Baker
2900 Boisseau Avenue, Southold, NY 11971
Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates)
as Attorney for Mr. and Mrs. J. Lowell
Main Road, Box 706, Cutchogue, NY 11935
Mr. and Mrs. Jackson Lowell
1100 Marratooka Lane, Box 266, Mattituck, NY 11952
Mrs. Catherine Woodhull
Marratooka Lane, Mattituck, NY 11952
Charles R. Cuddy, Esq.
180 Old Country Road, Box 1547, Riverhead, NY 11901
L.I. Traveler-Watchman, Inc. (Official Town Newspaper)
Suffolk Times, Inc.
Town Clerk Bulletin Board
ZBA Office Bulletin Board
ZBA Chairman and Members with copies from file
ZBA Individual Files
�c� FOLIr
Town Hall, 53095 Main Road
P.O. Box 1179
SoLithold� New York 11971
bMro
JUDITH T. TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 1, 1988
TO: Southold Town Zoning Board, of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3708 application of Turtle Assocs.
David C. Walker for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S. y
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
Gzrt2Q
YET vol ,
i
s
PUT
I
Mr. & Mrs. Jackson Lowell
1100 Marratooka Lane A 2G-6
Mattituck, N.Y. 11952
To The Board of Appeals
Town of Southhold
I
January 22, 1988
I
i
Re: Petition of Turtle Associates
i
r We Mr. & Mrs. J. Lowell of 1100 Marratooka. Lane have received a certified
letter (as adjacent property owners) from Mr. J. Kevin McLaughlin attorney
at law; representing Turtle Assoc., Mr. David Walker, owner.
i
I
We bought the property we now own from the same Mr. & Mrs. David Walker
in September of 1986 - at that time the adjoining property in 'question was
also up for.-sale, represented as a legal building lot, for $42,000.00. We
indicated our interest in buying it and asked and received from Mr. & Mrs. Walker
a promise of first refusal for the property.
4
We heard nothing from the Walkers for the next four months. We then received
a note from Mr. Walker taped to our door asking us to contact him if we were
still interested in the adjoining property. We did contact him and he asked us
1 to make an offer for the property.
We did not make an immediate offer as we did not know what the property was
worth. We had looked up the status of the property in question and found 'that
I it was not shown on any record that could be found as a legal building lot.
We are willing to buy it as additional property and keep it in its natural state.
We feel that building on this long, narrow strip..'would constitute overcrowding,
especially as it is directly on Marratooka lake. We are opposed to it for both
environmental reasons and reasons of self-interest, as jamming a house on this
narrow property would only act as a detriment to the character and property
-1-
values of the area surrounding Marratooka Lake.
Just as the Walkers, who lived here many years, did not want a building jammed
up against them, we ask that no building variance be allowed now.
Yours truly,
Eunice & Jackson Lowell
--------------
-2-
i
I
GARY FLANNER OLSEN
i COUNSELLOR AT LAW
I
P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516 734-7666
February 5, 1988
Re: Walker to Lowell
Our File # 4409
Dear Mr. and Mrs. Lowell :
Enclosed please find a letter addressed to me from Kevin Mc Laughlin
dated February. '4, 1988. Perhaps it would be best if you and Mr. Walker
negotiate the purchase of this lot between yourselves and if you reach
a meeting of the minds then contact my office for the appropriate
contracts, etc.
Very truly yours,
,.l�X,yrr�C
GARY ANNER OLSEN
GFO: lmm
Enclosure
Mr. and Mrs. Jackson Lowell
1100 -Marratooka Lane
Mattituck, NY 11952
I
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803
GREENPORT,NY 11944
(516)477-1016
February 4 , 1988
Gary Flanner Olsen, Esq.
PO Box 706
Cutchogue, NY 11935
RE: Walker to Lowell
Dear Gary,
Please be advised that I have discussed the contents of
your letter to me dated January 29 , 1988 , with my clients.
They would be willing to entertain any offer which the
Lowells wish to make. We would be looking for an all cash deal
with the purchasers accepting the property in its present status.
Very truly you s
J Kevin McLau li
JKM/lmt
GARY FLANNER O.LSEN
COUNSELLOR AT LAW
P.O. BOX 706 • MAIN,ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 1 1935 PHONE 516 734-7666
January 29, 1988
_. Re: Walker to Lowell
Our File # 4409
Dear Kevin:
I received a phone call from Mrs. Lowell who indicated that she would be
interested in purchasing the Walker lot and has requested me to inquire
with you as to whether or not it is available to purchase and the price,
terms, etc.
Let this also confirm that when you have the date of the public hearing
you will contact my office before hand.
Very truly:.yours,
GARY FLANNER OLSEN
GFO: lmm
J. Kevin McLaughlin, Esq.
828 Front Street
P. 0.. Box 803
Greenport, NY 11944
cc:
Jackson and Eunice Lowell .
210 East 36th. Street
New York, NY 10016
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666
y January 29, 1988
Re: Walker to Lowell
File #4409
Dear Mr. and Mrs. Lowell:
Please be advised that I have been in contact with Kevin McLaughlin,
attorney for Walker (Turtle Associates) in connection with the above
Zoning Board matter. The nature of his application is to have the
town approve Mr. Walker'sllot as a valid building parcel for the
construction of a single family residence since apparently at one time
this lot had been "Set Off" without Planning Board Approval. Mr.
McLaughlin does not know when the public hearing will take place but
will advise me and I will relay the information to -you. He 's of Seeking
an Access Variance under Section 28A since same is not re fired due to
the fact that the property is located on a public road.
Very truly ours,
,ram
GA � SEN
GFO: lmm
r
Jackson and Eunice Lowell
210 East 36th Street
New York, NY 10016
1.
_7
>: the Mter ofthe Petitior.-.0
TURTLE ASSOCIATES NOTICE
TO
to the Boardof Appeals of the Town of Southold ADJACENT
i TO: a'
PROPERTY OWNER
I
!V. 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 reluest a Varianc (Special Exception) (Special Permit) (Other) [circle choice]
i 2. That the property whichis'the subject of the Petition is located adjacent to your property and is des-
cribed'as follows: 1300 Marratooka Lane, Mattituck, New York
s.:
Tax Map No. 1000-115-03-18.3
. 3. That the property which is the subject of such Petition is located in the following zoning district:
A Residential-Agriculture
31
4. That by such Petition, the undersigned will request the following relief: Article III
Section 100-31 Bulk and Parkin - insufficient area
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed:are Article III Section 100-31
[ ] Section 280-A, New York Town Law for approval of access over rights)-of-way.
6. That within five days from the date hereof, a writFen 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
exam-e the same during regular office hours. (516) 7d5-1809.
7, That before the relief sought may be granted, a public hearing must be held on the matter by the
Boarq-,,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 Travel er-Mat tit uck Watchman, newspapers published in-the`
Towriof 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. ;
Date 1/15/8 8, TURTL ASSOC S
Pefiti'b er
' Owne ' Names : David C. W lker
Post ffice Address
` c .o J. Kevin ivf-T 1,1 Esq.
PO Box 803, 828 Front Street
Greenport, New, York 11944
l` GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666
July 1 , 1988
Re: Variance Application of Turtle Associates
David Walker
Our File #4701
Gentlemen:
Please be so kind as to notify me when the above captioned matter comes
up for a hearing.
Very truly .yours,
GARY L NER OLSEN
GFO:af
Zoning Board of Appeals
Town of Southold
Main Road
Southold, New York 11971
k
FfOU�
0,01 �)j
s C
® T
Town Hall, 53095 Main Road
P.O. Box 1179 O I• Q�
Southold, New York 11971
TELEPHONE
(516)765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO: Southold Town Board of Appeals
FROM: Southold Town Planning Board
RE: , David Walker/Turtle Associates
SCTM# 1000-115-3-18. 3
DATE: October '20, 1988.
The Planning Board recommends that the Zoning Board of Appeals
not grant an area variance for this. proposal because it is
inconsistent with the proposed Master Plan which was endorsed by
the Planning' Board.
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ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803
GREENPORT,NY 11944 lee.
(516)477-1016 Rd -, g
n �, t
�7 F "CIE,
il
June 22, 1988
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application of Turtle Associates
Dear Linda:
I have enclosed the Notice to Adjacent Property Owners
with certified mail receipts sent to the owners of . lots 1000-115-3-
17 , 25 . 5, 26 , 27 , and 28 . I have also enclosed the map of the
entire parcel as it was existing in 1976 and how it has been
divided, the short environmental assessment form and a copy of my
affidavit disclosing the names and addresses of the partners of
Turtle Associates.
I believe that this application is now complete and can
be scheduled for a hearing.
4
Very trul o ors
r
n McL 'gh i�
JKM/lg �
Enclosures
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
J. KEVIN McLAUGHLIN, being duly sworn, deposes and says:
That I am the attorney for Turtle Associates regarding the
instant application before the Southold Town Board of Appeals.
That Turtle Associates is a New York State Partnership and
has duly filed a partnership certificate with the Suffolk County Clerk.
That annexed hereto is a copy of said partnership certifi-
cate, which accurately reflects the names and addresses of all of the
partners of Turtle Associates and there are no other persons interested
therein.
N McL G IN
Sworn to before me this
22nd day of June, 1988 .
Notary Public
LAURIE E.GRAM
Notary Public,State of New York
Na 4821818,Suffolk Cquntv
Term Expires S"Mminr S0.low
BoaU 444t R 1p V J t aL:jl"`� 9. ul�
dYk
SHORT ENVIRONMENTAL 'A
INMUCTIO1;St
(a) In order to answer the quosrion:l in this Short: EAV in is nsailmocJ that the
pproparar will use currently available infonxition concorning, the project and tho
llkoly impacts of the action. It is not oapected th.,t C1(1i11LIC.lU11 an,dloe, raecurch
or othor investigations will be undartakan.
(b) If any question has been answorod ',',:n Lho project r:ny L(i ,Ii�,nlf4 rant find a
ecrplotod Environmental Assossmont Formal is heceaanr-y.
(c) If all quuations have barn answcrrd No it is likoly t.hrlt thi:; proj,•ct in
not significant.
(d) F-1vironmenral Annnnnrr.ent
1. Will project rosult in a largo )hyaical civinvo
to the project site or physical y filter more
than 10 acres of land? . ��.� No
2. Will thoro be a major change to any uniqua or
unuauul land form found on the eitc'f . `^ 'fo:l No
3. Will project alter ,or have a larp;u offset on
an oxiuting body of water? . . . . . . . �- Yc:, A I;o
Ln 4. Will project have a potentially lar,u impact, on
groundwater quality? Yc,:,
$• Will project sif-,nificantly. offoct dra!na o !'lv,,
on adjacent aitus? . . . . . . . . . . f•� : - No
6. Will project affect any throac,utull or endanp;cro,!
-plant or ani.^i11 species? . 110
pro ec reulL in frajor n6vor or :ct c,
` n air qualit a a an f (illty? . . . • . . . .
Will project have 'a major offoct cn viaual char
acter of the co=•nunity or scenic view:, or viutur:
ul
known to be important. to the cof:;,un.ity'l
9. Will project ad.vornoly impact ally nitti or'• :,truct_-
cra of hiatoricl pro•-historic, or I,aluoncological
importance or any sito dosignated a. it cl•itical
onvironmental area by a local alruncy•? . Yu:, No
10. Will project have a m,,jor affect on cxl:ltin,r, or
future recreational oppurtunitio:l'1 . ye tier
�11. Will project.rosult' in rlajor traffic prohlemn o:-
cause a major affect to uxistinl; t:rnnalx>r tfitio:l --�
= 12. Will Froject regularly cau:;u ob•Icctionablc
npiou, glare, vibration, of electrical (1i:;tur1,-
- ante as a result of the pro,ject'a (;l.er:rtiorl? •f,.:; Ile,
1). Will project have any impact oil publ is health or
safitLy? . . . . . . . P
JL. Will project e,ffcct the uxiacinl; c•omrnurlrty by
directly causing; a growth in p(.. rn,:rlt I;c,hulrc-
Lion of noro than 5 purcent uvor a rna-your•
period or have a major nrl;at4vo CCfc t un
character of thu com.rilurity .r- fle 1_,
15. Is there public Conti- a :v alit 1: 1 CI:u 1)1-o ct
iJ
PREPx.1ER'S SICNATIME: _- —_--- TITLE: I DlK� ._ . Ki _ __--
PEPRES-_NTING:
"Il]C....
of alp
rn
'd' L 0� r,tt,w:'..;SJdCc
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Turtle Associates 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) (Other) [circle choice]
from Article III Seciton 100-31 of the Southold Town Zoning Ordinance )
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 1300 Marratooka Lane, Mattituck
Tax Map No. 1000 - 115 - 03 - 18 . 3
3. That the property which is the subject of such Petition is located in the following zoning district:
A (Agricultural-Residential)
4. That by such Petition, the undersigned will request the following relief: the parcel is
insufficient in width and area and therefore a variance from Article III
Seciton 100-31 of the Zoning Ordinance is requested
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section_ 100-31
[ ] 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) 7�5-1809.
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 Travel er-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you r y r repres tive have the '
right to appear and be heard at such hearing.
Dated: �June 22 , 1988
Pet' ner
Ow rs ' Names : Tur e Associates
P Office Address
c/o J. Kevin McLaughlin Esq. ;
828 Front Street, PO'Box 803,, Greenport, NY 11944
Tel . No . ( 516 ' ) 477-1016
[Copy of sketch or plan showing proposal to be attached for convenience
purposes . ]
0 Ell rII a 1 A31fl0aI'
a
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Earl Woodhull and wife
1000-115-03-17 Mattituck, New York 11952
Robin E. Wickham Box 520 New Suffolk Avenue
1000-115-03-25 . 5 Mattituck, New York 11952
Theresa Vaitis Box 783 -New Suffolk Avenue
1000-115-03-26 Mattituck, New York 11952
Robert Barker PO Box 1488 , Lupton Point
1000-115-03-27 Mattituck, New York 11952
Charles Cacioppo and ano. 25 Lilloc Drive
1000-115-03-28 Syosset, New York 11791
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
Linda M. Tonyes residing at 340 Pine Road, Southold
New York being duly sworn, deposes and says that on the 22nd day
of June 119 88 , deponent mailed a true copy of the Notice set to on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective , .
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
��certifie�(rejgiste'r'ed)
eeport, New York ;that said Notices were mailed to each of said persons by
mail.
eTT�T M. TONYES
Sworn to t efor e s
day
Nota P blic
(This side does not have to be completed on form transmitted to adjoining
property .owners.. )
r
PF-28
Rev.(11/85) NYBTU Form 8041 (Rev. 11/78' --NTRACT OF SALE
f
WARNING:
NO REPRESENTATION IS MADE THATTHIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF
r—� REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN
ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
This contract form does not provide for what happens in the event of fire or casualty loss before the title closing.
Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part
of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises.
CONTRACT OF SALE made as of the 7-P� day of June, 1987
BETWEEN
DAVID C. WALKER
Dale:
Parties: Address: (no #) Maratooka Lane, Mattituck, New York 11952
hereinafter called "SELLER", who agrees to sell;
and
TURTLE ASSOCIATES
Address: c/o Jane Stubelek, President - 2105 Park Avenue, Mattituck, NY 11952
hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements
thereon.(the "PREMISES"), more frilly described as, all that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in the
Premises: AS PER ANNEXED PHOTOCOPY OF DEED RECORDED IN THE SUFFOLK
COUNTY CLERK'S OFFICE ON OCTOBER 31, 1979, IN LIBER 8721,
PAGE 433, HERETO ANNEXED AND MADE A PART HEREOF.
and conditioned upon the. Purchaser securing a vacant land cent' e of
occupancy from the Southold Town Building Department, s sole cost
and expense. Any applications to be filed in -ion therewith shall
be done by the Purchaser as expediti as possible. If Purchaser
fails to secure said vacant 1 rtificate of occupancy with- in sixty
(60) days of the dat his Contract, either party may cancel this
Contract upon 0) days written notice, .after which said Contract of
Sale cancelled and null and void, and the down payment herein
IT IS. UNDERSTOOD AND AGREED that this contract is subject to and
conditioned upon purchaser obtaining a vacant land certificate of
occupancy from the Town of Southold Building Department and obtaining
approval of location for well and cesspools from the Suffolk County
Department of Health, at purchaser' s sole cost and expense, within
120 days of the date hereof. If purchaser fails to secure said
vacant land certificate of occupancy and Health Department approval,
either party may cancel this contract upon 10 days written notipe,
after which said contract shall be cancelled and null and void, and
the down .payment herein shall returned to purchaser.
Also known as: Street Address: (no #) Marratooka Lane, Mattituck, New York
Tax Map Designation: 1000 — 115 — 3 — 18.3
Together wiXh SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9.
Personal -r•T__ ....T_ _T„_ : _T Ti r
k
a,T-�ixct+fes-arrd-articles-af-persoflal-prop. .-:; attached-to--or'-used--imconnecti."Sn-with-the--'
Property: Pi!MiS.ES,unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and
clear of any ' other than the EXISTING MORTGAGE(S).'They include but are not limited to plumbing, heating,
F lighting and cook> lxtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades,
screens, awnings, storm ows, window boxes, storm 'doors, mail boxes, weather vanes- flagpoles, pumps,
shrubbery, fencing, outdoor statu tool sheds, dishwashers,washing machines, clothes dryers, garbage disposal
units, ranges, refrigerators, freezers, air ditioning equipment and installations, and wall to wall carpeting.
r.,,,1HE10d r.. r, dais sale are F d-furtusht
' I
PREMISES IS VACANT LAND
1. (a) The purchase price is $ 75,000.00
Payable as follows:
Purchase
Pnce. On the signing of this contract, by check subject to collection: $ 7,500.00
-ehe-Principal-ernetrr�ll-dnpaid-on-EaH-ST4NG-M-ORTGAGE-(S): $ -0-
By a Purchase Money Note and Mortg a from PURCHASER (Qr as i s t SgELLER: $ 50,000.00 '
payable over a term of five ) years in amortized no t% y
installments of principal and interest of $1t062.361 commencing
�5p(X one (1) month after closing, with full pri--
vilage of prepayment. at any time.
BALANCE AT CLOSING: $ 17,500.00
(h) 111his snlc-cubjec GACFT4ie4� relzase-Money-Note-and-Mortgage•will-also provide-
that-it-will-remain-subject-to-the-prior4ierrof-any-EXI•S34NG4viOR-T-GA errthvrrg}rrht
-i 14Qlifivd4n-good-fait1-,The Purchase Money Note and Mortgage shall be drawn on the standard form
of New York Board of Title Underwriters by the.attorney for SELLER.PURCHASER shall pay the mortgage recording
tax, recording fees and the attorney's fee in the amount of$350.00 for its preparation.
/r1 Tr...-.., FL4�,1 �' rc n.•n a..,.7 � iCTTT�T!' �,1 11DT!`A!�T
-r t �J }�CWPrn nnw and C r)STN!_..wl}iC1.
reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph-2;'t�ien
the balance of the price payable at CLOSING will be adjusted.'SELLER agrees that the amount showmiri-Paragraph 2
is reasonably correct and that only payments required by the EXISTING MORTGAG�ng
made.
(d) If there is a mortgage escrow account that is maintained for the purpose of pa axes or insurance, etc.
SELLER shall assign it to PURCHASER,if it can be assigned. In that event PUR SER shall pay the amount in the
escrow account to SELLER at CLOSING.
2. The PREMISES will be conveyed subject to the conti g lien of"EXISTING MORTGAGE(S)" as follows:
Mortgage now in the unpaid principal amount and interest at the rate of per cent per
Existing . year, presently payable in installments of $ , which include principal,
Mortgage(s): interest, a Tth any balance of principal being due and payable on
SELLER he states that no EXISTING MORTGAGE contains any provision that permits the holder of the
Mort a to require its immediate payment in full or to change any other term thereof by reason of the fact of
et
3. All money payable under this contract unless otherwise specified, shall be either:
a. Cash, but not over one thousand ($1,000.00) Dollars,
Acceptable b. Good certified check of PURCHASER,or official check of any bank, savings bank,trust company,or savings
Funds: and loan association having a banking office in the State of New York,payable to the order of SELLER,or to the order
of PURCHASER and duly endorsed by PURCHASER(if an individual) to the order of SELLER in the presence of
SELLER or SELLER'S attorney.
c. Money other than the purchase price,payable to SELLER at CLOSING,maybe by check of PURCHASER up
to the amount of Five Hundred ($ 500.00 )dollars,or
d. As otherwise agreed to in writing by SELLER or SELLER'S attorney.
4. The PREMISES are to be transferred subject to:
a. Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they
"S4ect to" are not violated by the buildings and improvements erected on the PREMISES.
Provisions: b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
Title 5. SELLER shall give and PURCHASER shall accept such tide as a title company doing business
Company in Suffolk County , a member of The
Approval: New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of
title policy, subject only to the matters provided for'in this contract.
r c
RIDER TO CONTRACT OF SALE.
I
SELLER. ... DAVID C. WALKER .... ...... . . Dated. 6/. . /87. .
PURCHASER. TURTLE: INC.. ... . . ..... .. .. .. .... .. . . .... . .. ......... . . . . .. .
1. The foregoing described premises are sold and are to be .conveyed
subject to the following additional provisions:
a) Subject to any state of facts an accurate survey may show,
provided same does not render title unmarketable.
b) Subject to building regulations, covenants, utility easements,
restrictions, reservations and agreements of record, provided the
same do not prohibit the maintenance of single family residential
dwelling.
c) Subject to the building ordinances and zoning regulations of the
Town of Southold , together with all amendments thereto,
provided the same do not prohibit the use of the premises as a
one=family dwelling.
2. It is understood .that neither the seller, nor any agent or
representative of the seller, has made any representations or warranties,
expressed or implied, to the purchaser or his agents with respect to the
conditions and present state of the prope::ty conveyed by this sale, or
regarding any other matter whatsoever, except as expressly set forth in
this agreement. The purchaser represents further that he has inspected
the premises and knows the conditions, applicable zoning restrictions and
present state thereof and is purchasing same "as is".
3. Purchaser shall notify the seller of any objections of title, and the
seller shall be entitled to a reasonable adjournment of the title closing
date in which to cure such objections. Nothing herein contained, however,
shall be deemed to obligate the seller to undertake any actions or other
proceedings to cure title defects, and in the event, for any reason
whatsoever, the seller shall be unable to deliver title to the premises as
herein specified, the sole remedy of the purchaser will be to accept such
title as the seller shall be able to deliver without abatement in the
purchase price, or in the alternative, to cancel this agreement and
receive a refund of the contract down payment made hereunder, together
with the net charges actually charged "to the purchaser for the examination
of title, without insurance, by a .title company which is a member of the
Board of Title Underwriters licensed to do business in the State of New
York.
4. The acceptance of the deed by the purchaser shall be deemed full
performance and discharge of every agreement and.obligation on the part of
the seller, except those, if any, which are herein specifically stated to
survive the delivery of the deed.
5. It is agreed ,that the down payment hereunder shall be held in escrow
by RICHARD J. CRON, ESQ., as attorney for seller, and paid to the seller
upon the closing of title or refunded to purchaser if he shall become
entitled thereto.
6. This contract may not be assigned by the purchaser without the written
consent of the seller.
7. 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.
By. Purchaser, , Seller
?hRTN Tresident- DAVID C. WALKER
Purchaser Seller,
-2-
PF 29(6177)Standard N.Y.B.T.U.Form 8argain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corporation(Single Sheet)
• CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
3. -;'0 EER 8721. PACE 433
This Indenture, made the da
Y of October, nineteen hundred and. seventy—nine.,
Between ROBERT E. REHM, residing at .Woodcliff Drive (no street number),
/e-av Mattituck, New York,
SiC
�t no party of the first part, and DAVID C. WALKER, residing at Marratooka Lane (no
13t1c, street. number), Mattituck, New York,
0 300
L'v party of the second part,
Witnesseth,that the parry 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 parry of the second part,the heirs or successors
and assigns of the party of the second part forever,
la
All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and
being in the Town of Southold, County of Suffolk and State of New York.,
more.-particularly bounded and described as follows :
``� BEGINNING at a point on the westerly .side of Marratooka Lane at the
southeast corner of the herein described , premise's where the same is
intersected by the northerly side of land now or formerly of Cuddy;
said point also being distant 394. 57 feet northerly as measured along
the westerly side of Marratooka Lane from the corner formed by the
intersection of the northerly. side. of New Suffolk Avenue with the
westerly side of Marratooka Lane;
running thence from said point of beginning along land now or formerly
of Cuddy, first above mentioned, North' 80 -degrees 56 minutes 50 seconds
West 373.87 feet -to the mean high watermark of the Marratooka Lake;
running thence along the mean high water mark of the Marratooka Lane,
on a tie line North 17 .degrees 57 minutes East 57. 51 feet to land now
or formerly of Walker;
6running' thence along said land the following two courses and distances :
(1) South 82 degrees 00 minutes 00 seconds East 135 feet;
CtJ (2) South 88 degrees 37 minutes 40 seconds East 220 feet to the west-
cr{ , erly side of Marratooka Lane;
-1 running thence along the westerly side- of Marratooka Lane, South
rMt 1 degree 22 minutes 20 seconds West 89. 50 feet to the point or place
of BEGINNING.
SUBJECT to any state of facts an accurate survey may show.
SUBJECT to covenants, restrictions and agreements of record, if any.
Together with all right,title and interest,if any,of the parry of the first part in and to any streets and roads abutting
the above described premises to the center lines thereof;Together with the appurtenances and-all the estate and
rights of the party of the first part in and to said 'premises;To Have And To Hold the premises herein granted unto the
party of the second part,the heirs or successors and assigns of the patty 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 encumbeered in anyway whatever,except as aforesaid.
And the party of the first part,in co(mpliance with Section 13 of the Lien Law,covenants thatthe party of the first part
will receive the consideration for this conveyance and will hold the right to receive such consideration 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 yearfirst above written.
IN PRE5ENC
Robert E. ehm
STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF ss:
On the o'1 S day of October, 19 79 before me On the day of 19 .
Personally came ROBERT E. REHM personally came , before mE
to me known to be the individual described in and who to me known to be the individual described in and whc
executed the foregoing i ru ent, and acknowledged executed the foregoing instrument, and• acknowledged
that he executed the am
e. that executed the same.
RLCHARD J. ClzoN
NOTARY PUI uc, State of New York;
No. 52-5861280-Suffolk County
Commission Expires March 30, 19.ra,,
STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 before me
personally came personally
the day of 19 before me
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
I
to be the individual
the corporation described described in and who executed the foregoing instrument;
in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw
knows the seal of said corporation;that the seal affixed to said
instrument is such corporate seal; that it was so affixed by execute the same; and that he, said witness,
order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto.
that he signed h name thereto by like order,
;�
y SECTION
13argatri atth 25MaP iorr.0 BLOCK
With Covenant Against Grantor's Acts LOT 'C�IIGG� TIRE I'►SUP�T�CE COf;1P�11`
Title No. CITYORTOWN +
ROBERT E. REHM COUNTY
+ Recorded at Request of
To f l�y.IFE•T ITLE INSURANCE
Company of New York
DAVID C. WALKER RETURN BY.MAIL TO
;tames E. McGiff, Egq.
Standard Form of New York 70 East Main Street
Board of Title Underwriters
Distributed by Patchogue, New York 11772
LKIFE TITLE I ANCE Zip No.
Com of New York
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:ing ` ` 6�"CLOSING" means the :ment of the obligations of SELLER and CHASER to each other under this
�.efined contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a
And Bargain and Sale with Covenant deed in proper statutory form for recording so as to transfer
Form of full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated.The deed will
Deed: contain a covenant by SELLER as required by Section 13 of the Lien Law.
If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING(a)a resolution of its Board of
Directors authorizing the sale and delivery of the deed,and(b)a certificate by the Secretary or Assistant Secretary of
the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the
requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient
to establish compliance with that section.
Closing 7. CLOSING ill take lace(15 t t e office of CRON nd CRON, ESQS., fain Rd.,Cutehogue, NY, on
iftee3 days after o'Itaining vacant land certificate of
Date and or about t�
Place. occupany and Health Department approval.
Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other
than CELIC ESTATE AGENTS, INC.
and URCHAWS agrees to pay the broker the commission earned thereby (pursuant to separate agreement).
Streets and 9. This sale includes all of SELLER's ownership and rights,if any,in any land lying in the bed of any street or highway,
Assignment of opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of
Unpaid Awards: SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by
reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at.
CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and
damages.
nr rn u eate-&ate¬rY ore-diairthirtyt3OI days-befor�
Mortgagee's L'"" '
Certificate CLOSING signed by the holder of each EXISTING MORTGAGE,inform for recording,certifying the amo t o the
or Letter as to unpaid principal and interest, date of maturity, and rate of interest.
Existing SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a band;-or other msutution as
Mortgagee(s). defined in Section 274-a,Real Property Law, it may,instead of the certificate,furnishan-unqualified letter dated not
more than thirty (30) days before CLOSING containing the same information SELLER hereby states that any
EXISTING MORTGAGE will not be in default at the time of CLOSI AS.
or municipal ordinances, orders or
Compliance with 11. a. SELLER will comply with all notes or notices�f-violaaons of law p
State and requirements noted in or issued by any governm�dl'department having authority as to lands, housing,buildings,
Municipal fire,health and labor conditions affecting th -EMISES at the date hereof.The PREMISES shall be transferred free
Department of them at CLOSING and this prow n shall survive CLOSING. SELLER shall furnish PURCHASER with any
Violations authorizations necessary to the searches that could disclose these matters.
and Orders: -
Omit if tlu b. All gations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New
Property is not in York r to CLOSING and payable in money shall be discharged by SELLER at CLOSING.This provision shall
the City of New s •
York:
Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in
Assessment: annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all
the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING.
Apportionments: 13. The following are to be apportioned as of midnight of the day before the day of CLOSING:
' (d) Taxes,water charges and sewer rents,on
the basis of theA» �
perio for
ec: hich assessed. (x � � � Y
If CLOSING shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon thelbasis of the
old tax.rate for the preceding period applied to the latest assessed valuation.
Any errors or omissions in computing apportionments at CLOSING shall be corrected.This provision shall
survive CLOSING.
Water Meter �� tauihvi►�[�tticiC �� 7til�fl(
Readings:
Allowance for 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any
Unpaid Taxes,etc.: unpaid taxes, assessments,water charges and sewer rents,'together with any interest and penalties thereon to a date
not less than five business days after CLOSING, provided that official bills therefor computed to said date are
produced at CLOSING.
Use of 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER
Purchase Price may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit
to Pay money with the title insurance company employed by PURCHASER required by it to assure its discharge,but only if
Encumbrances: Elie title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of
the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide
separate certified checks as requested to assist in clearing up these matters.
Affidavit as to 17. Ifa title examination discloses judgments,bankruptcies or other returns against persons having names the same
judgments, as or similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they
Bankruptcies: are not against SELLER.
Deed Transfer 18. At CLOSING .LER shall deliver a certified check paya`_ ;o the order of the appropriate `hate, City or
and 11 County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or
Recording Taxes: recording of the deed,together with any required tax return.PURCHASER agrees to duly complete the tax,recurn"and
to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING.
Purchaser's lien: 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the
PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable
out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER.
Seller's Inability 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability
to convey and shall be to refund all moneyaid on account of this contract plus all charges made for: t examining the title
Liinitalion o p �P g (•) g ,(ii)any
f appropriate additional searches made in accordance with this contract,and(iii)survey and survey inspection charges.
Liability: Upon such refund and payment this contract shall be considered cancelled,and neither SELLER nor PURCHASER
shall have any further rights against the other.
Condition of 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale
Property: and is thoroughly acquainted with their condition.PURCHASER agrees to purchase them"as is"and in their present
condition subject to reasonable use,wear,tear,and natural deterioration between now and CLOSING.PURCHASER
shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING.
Entire 22. "All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It
Agreement: completely expresses their full agreement. It has been entered into after full investigation,neither parry relying upon
any statements made by anyone else that are not set forth in this contract.
Changes Must Be 23. This contract may not be changed or cancelled except in writing.The contract shall also apply to and bind the
In writing: distributees;.heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties
hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this
contract.
Singular also 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may
Means Plural.- require it.
TURTLE ASSOCIATES
By:Aa
Z.
f:
In Presence Otub k rtner, Buyer
By:
Peter W. Kr n Partner, Buyer
David C. Walker, Seller
Closing of title under the within contract is hereby adjourned to 19
at o'clock,at ;as of title to be closed and all adjustments to be made
� 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
PREMISES
TITLE NO. SectionBlock
--- Lot.. .
DAVID C. WALKER, County or Town
Street Numbered Address
Recorded At Request of
To: rTITLEUSA Insurance Corporation
TURTLE, INC. of New York
RETURN BY MAIL TO:
Standard Form of New York
Board of Title Underwriters
Distributed by
TIT/,FINA Insurance Corporation
of New York Zip No.
GIVEN, pursuant to Section COUNTY-OF SUFFOLK
267 of the Town Law and the T E OF NEW YO R K ss
Code of the Town of Southold,
the,following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the
at a Regular Meeting at the Southold Town Hall, Main Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County;
WEDNESDAY,OCTOBER 26, and that the notice of which the annexed is a printed copy,
1988 at the following times: has been published in said Long Island Traver-Watchman
7:30 p.m. Appl. No. 3773- once each week for . weeks
GRETCHEN K. HEIGL. Vari-
ance to the Zoning Ordinance,
Article I11, Section 100-31 for successively, commencing on the
permission to connect deck to _
porch,,leaving an,.,insufficient G
setback from the south(westerly) day - ]9 0
property line. Location of Pro- �-
„perty: Private Right-of--Way ex- / � >
tending off the North Side of a3I rrir'A �/
Soundview Avenue, Southold, P' PP1• No:i37b�
ROBERT G' and DIANNA
NY; County Tax Map District BAKER. Bed and Breakfast
1000,Section 68,Block 1,north- proposal, Bed BO Breakfast
sseau Ave-
erly part of Lot 14 (now 14.1). nue,Southold; 1000-55-6-9.(Re-7: E p.m.YOUNG.
No. 3784= cessed from October 6 1988). . day of
JAMESYOUNG. Variance to � • • • • • • • • • • • • • • • • • •
3
- the Zoning Ordinance, Artic 8:15'p.m.JOSEPH A.S TOC-
I II, Section 100-31 for permis= `KEN/M&N AUTO,INC.Loca-
sion to construct addition to tion of Property:South Side of 19
dwelling with insufficient front.. Front Street(Route 25),Green-
yard setbacks from the westerly :r.Port,NY;County Tax Map Dis-
trictand southerly property lines., 1000, Section 45, Block 6,
Lot 5:
Location of Property: NE/s
Minnehaha Boulevard at Appl. No. 3783SE-Special
Exception to the ZoningOrdi- . . . . . . . . . .
"Laughing Waters;" Southold, nance, Article VIII ry Public
NY; County Tax Map District , Section
1000,Section 87,Block 3,Lot 8. .'100-80 for expansion of the pre- RA A. SCHNETTR
sent-property by the addition of BLIC, State of New Yo i;
745 p.m: Appl. No. 3772- ' a new building to be utilized for No. 4806846
a JOIIN G.PIIILIPPIDES.Vari-. the existing automobile service ied in Suffolk Coon y
ance to the Zoning Ordinance,
Article XI,Section 100-119.2 for station and public garage,in ad siion Expires ��3
dition to the continued sales of
permission to construct deck ad- _ gasoline and
dition at rear of existing dwell- Proposed retail
ing with an insufficient setback (grocery)store uses,all as shown
from existing bulkhead. Loca- on the August 4, 1988 Site Plan.
tion of Property:South Side of APPI. No.3782-Variance to
Old Cove Road,Southold, NY; the Zoning Ordinance, Article ,
County Tax Map District 1000, VIII,Section 100-80 for permis
Section 52, Block 2, Lot 10.1. sion to convert existing building ,
_
to retail(grocery)store,whicb,is 4.
- 0 p.m. Appl. No. 3785 not listed-as
SE-RAYMOND NINE and a permitted use in
CHARLES ZAHRA. Special this "C-Light Industrial"Zone
Exception to the Zoning Ordi-. District,in addition to the exist-
nance, Article III, .Section ing•'sales use (of gasoline and
100-30B[16] for permission to diesel)and proposed new build-
establish."Bed and Breakfast ing for automobile servicing.
Use;'"an owner-occupied build- 8:30 p.m. Appl. No. 3708- "
ing,other than a hotel, where DAVID WALKER/TURTLE
lodging and breakfast is provid- ASSOCIATES. Variances to the J
ed for not more than six casual,
Zoning Ordinance, Article III,
Section 100-31 for'.transient roomers, and renting approval o
'of not more than three rooms. Parcel as exists with insufficien
Location of Property: North lot area and•width and more
Side of New Suffolk Avenue, articularly described in Deed at
Mattituck, NY; County Tax iber 8721 page 433 dated Oc-
tober ..
,.,.Map District 1000,Section 114, 25, 1979,having been set-
:Block.11 7:55 p.m., Lot 20 Appl.. 7 off without Planni 1g Board ap-
17. No. 3777- proval. Location of Property:
1300 Marratooka Lane, Matti-
`CARL J. and RUTH V. NEL-
tuck,NY;County"Pax Map Dis-
SON. Variances to the Zoning trict 1000,Section 115,Block 3,
Ordinance,Article 111,Sections Lot 18.3 (previousl
100-31 and 100-32, and Article 18.2) Y part of
XI,Section 100-119.1 for permis- The Board of Appeals
sion t ons[ruct tennis court said time and place hearanyill
and
WithCO-V high fencing in the all Persons or representatives de-
frontyard area and total lot siring to be heard in each of the
coverage in excess of the maxi- above matters. Written com-
mum-permitted 20 percent. ments may also be submitted
Location of Property: 1060 prior to the conclusion of the
Moore's Lane, Greenport, NY; subject hearing. Each hearing
Eastern Shores Subdivision, will not start before the time al
Section 3, Lot 99; County Tax lotted. For more information,
Map District 1000, Section 33, f please call 765-1809.
Block 2, Lot 43. Dated: October 6, 1988.
8:05 p.m. Appl. No. 3786- BY ORDER OF
MARION SACCONE.Variance THE SOUTHOLD TOWN
to the Zoning Ordinance, Arti- BOARD OF APPEALS
cle III, Section 100-30, for per- GERARD P. GOEHRINGER,
mission to replace nonconform-
ing trailer with new single-family
dwelling, in addition to the es- BY Linda Kowalski
tablished dwelling structures and IX, 10/20/88 (3)
uses. Location of Property:
66075 C.R.48,Greenport, NY;
County Tax'Map District 1000,
Section 40, Block 2, Lot
To Whom It May Concern:
I am the owner of certain real property more accurately
depicted on a copy of a certain deed annexed hereto.
I do hereby authorize TURTLE ASSOCIATES, a New York
partnership, to make any and all applications to any and all
governmental entities for permits necessary to construct a
private one-family dwelling on said property.
Very truly yours,
u/!rtvv
David C. Walker
QUESTIONNAIRE TO GE CMMPLETED A,10 SUBMITTED
IJITH YOUR APPLIC„TION. FOI tH1 TO THE roA" OF ",PPE;1LS
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
� . 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 i
b ) Are there any areas. open to a waterway without bulkhead ? Yes r;
3. Are there existing structures at or belot.r ground level ,
such as patios , foundations , etc? Yes
4 . Are there any existing or proposed fences, concrete
barriers , decks , etc? Yes N
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
6. If project is proposed for principal building or
r
structure , is total height at more than 35 feet above
average ground level ? State total : ft . Yes
or were mere,
7. Are there other premises under your ownership abutting
this parcel ? If .yes , please submit copy of deeds Yes Nr
8,; Are there any building permits pending on this parcel
(or abutting land under your ownership , - if any ) ? Yes N
State Permit # and Nature :
9. Do state whether or not applications are pending
concerningthese se premises before any other department
or agency (State , Town , County , Village , etc . ) :
Planning . Board Yes N�
Town Board Yes Nc
,Town Trustees Yes N;
County Health Department. Yes N(
Village' of Greenport - Yes N �
N . Y . S . D . E. C. c
Other Yes N
Yes Nc
Is premises pending a sale or conveyance ?
If yes , please submit copy of names or purchasers
and conditions of sale . (from contract ) . Yes N:
11� Is new construction proposed in the area of contours
"- a't 5 feet or less as exists? Yes Nc
12:. If new construction is proposed in an area within
75 feet of wetland grasses , or land area at aii 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 N�
Please list present use or operations conducted upon the
subject property at this time
ro p o and se
a d
* p la��\��1� cry-�'csn►.���•�,,,y��,�.�.w o-� '
Please submi t photo ra tts for clle record of w�rTE�¢roM1" R�Ef� W�+Ev ,gyQ��,q(jL�
Icertify that the above statements are r e nd submitted for
reliance by the Board of Appeals n-x n i ing L.being
cation .
Sl CUt'�
LflorlZed `%(jenc
3/Z7 1 k
§ 97-13 WETLANDS
. § J7-13
TOWN — The Totivn of Southold.
TRUSTEES -_ The Board of Trustees of the Town of
Southold. [Added 6•5-3.1, by L.L. No. 6•199.11
WETLANDS [Amended 8-26-7G by L.L. No. 2-1976; 3-2G-
85 by L.L. No. 6-19851:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered ti:•ith, or which border on, tidal waters, or-lands ,
lying beneath tidal waters, which at mean low tide
are covered by tidal water:) to a maximum depth of
five (G) feet, includinK but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action: -
(2) All banks, bons, meadows, flats anti tidal marsh
subject to such tides and upon which grows or may
grow some, or any. of the followir.,: salt hay, blacic
I grass, salt%vorts, sea,lavender, tall curd,rass. high
bush, cattails, groundsel, marshmallow and low
• march cord:;rass; and/or
(3) All land immediately ruljacent to a tidal wetland as
defined ill Subsection A(2) and lying within seven-
- t} fitic (75) fee
t 1. lidward of,thc'ntnat landv:arrl
edge Of such a tidal WOLI.ttitl.
13. FPLESII,ATL•'R WETL,1,ti'1)S: -
(1) "Freshwater wetland;" as dofinecl in Article 2.1, Ti-
tle 1; § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive,
of the EnvironnienUd Conservation Law of the State
Of New York;and
(2) All land 1mmediatel%,adjacent to 'I"fn:sh�c:t(er wet. land,,'as defined in Suh>c'ction NO and 1�•ink� with-
in seventy-five (7;,) feet laitd%vnrcl of the most land-
«•nrd edge of a"ft'csh��atty' wetland."
9705
C � ,.Id, r t � ^t«Ctt`'�'t i• , �3 P � �1 V �� �+� r 1 A
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at Mattituck, in the ToWn of Southold, County of p fp
soul +St;ate of Now York. bounded and described at;'.jpllow&: a 1 •. `. `Il
t f, BEGLNUV4 at a point set on the westerly ljnu of x&rratoo" IAne;
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a. melt racer the shore of Marratoolca 1.akp j�ortb 78 degrets 0�2' �;1�;;•','
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runrotfig tlstnitie northerly by ±utd alOp9'fhs► trhorr LiR0 4s�,laa>tl,�►1�oail;al,
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4�. letuttniaq tnonae South 62 deyrace 00 o4outes Ust 13S .# t
or lass;
' thgfwa South da degrees 37 tsuauteu 40 seconds ]vast 240,40 fe*tr,
a MeattMUt tl:o this westerly line of Urrata04 Lana;[
fr;• :;:;1> tu;usittq thence along 'th* solid westerly line of wsxratooka LOA*;?q
FI
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tall nrartl•JbXI14•44,.;hick the party r,f tlw,ir►t;l d Ism or h4s[x,wtr tlr c:anuy or dt a ,se o�,\s itgpjt�r fudikld• r' .
*Or,see b*,vlstur of said will or otlwy",w,ID HAVE AA'U l U Il(]W t6d ,nsssrc!wr t�ra tad ss4lp'' ,
tK tit► n
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�ycicltao ro. cE r�N� of Southold
Pp County of Suito
R*ort R. Rwho •Ylid4 .
tb 0 wo va am w rm I F - arts l4 0) rtYl w
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Richard J. Cron. F:aq,
.. �.7YlY R a M1PN>wY Main Road 4,
�ylt#Reaw Cutchoque. Nev York 11935.Uy No.
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Southold Town Board of Appeals
� a
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
yf `e 1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI September 14 , 1988
J. Kevin McLaughlin, Esq.
828 Front Street
P.O. Box 803
Greenport, NY 11944
Re: Appeal No. 3708 - Turtle Associates
Dear Kevin:
Following communication with your office on September 2 ,
this letter will confirm that we are awaiting a copy of the
deed at Liber 4310 , Page 208, dated January 2, 1947.
Upon receipt of the above we expect that the public
hearing on this matter will be held within the next four to
six weeks. A copy of the legal notice as published in the Long
Island Traveler-Watchman and Suffolk Times will be sent to you
as confirmation following a resolution adopted by the Board.
Please feel free to call at any time if you have any
questions.
Very trulX yours,
GERARD P. GOEHRINGER"
CHAIRMAN
tr
cGa � of gJ,e.ot 01 m C K. o2G 'K
d�
UU
Southold Town Board of APP ,eals
o
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.
JOSEPH H. SAWICKI J U l y �, 1988
J . Kevin McLaughlin , Esq .
828 Front Street , Box 803
Greenport , 'NY . .1.1944
Re : . Appl . No. ' 3708 - Turtle Asso.ciates
Dear Kevin :
Attached is a blank questionnaire, which should
be completed and returned., together with:
(a) a copy of the contract of sale ;
(b) Letter of Consent from the current property owner;
(c ) recent photographs of the waterfront area ;
(d) copies of .the previous deeds mentioned in the
Chain of. .Title preparedby Terramara Abstract Inc. at"
Liber 4310 page 208 dated._ 1 /2/47 , and at Liber 8045 page
420 dated M.ay 28 , 1976 .
In reviewing the map and information recently furnished
and shown on the July 14 , 1988 map prepared by Roderick Van-
Tuyl , P.C . it appears _that_ the Lots numbered 1 , 2 and 3 were
merged in common ownership on and before May .28 , 1976. It.
is presumed that the. lot lines shown on this July• 14 , 1988 map
reflect those conveyances. made on and after May 28 , 1976.
In any event, this matter is expected to be held for a
public hearing during the early par-t . of August . Notice will
be forwarded to you within the next week or two.
Attached for your information are copies of communica-
tions received . recently in opposition to _this project .
Page 2 - Appl . No. 37.08
To : J . Kevi,.n McLaughlin , Esq .
Re : Appl . of Turtle Associates
July 1 1988_
Please forward the items listed in (a) through (d ) ,
supra, as soon as possible in order to complete the file .
Yours. very truly ,
GERARD P . G.GEHR.INGER
CHAIRMAN
By Linda Kowalski
Enclosures
"ou..
cc U- ,
cula 0<;-� C,
lJL- a
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v-z��
Mr. & Mrs. Jackson Lowell
1100 Marratooka Lane p , 2G6
Mattituck, N.Y. 11952
To The Board of Appeals
Town of Southhold
January 22, 1988
Re: Petition of Turtle Associates
We Mr. & Mrs. J. .Lowell of 1100 Marratooka Lane have received a certified
letter (as adjacent property owners) from Mr. J. Kevin McLaughlin attorney
at law; representing Turtle Assoc., Mr. David Walker, owner.
We bought the property we now own from the same Mr. & Mrs. David Walker
in September of 1986 - at that time the adjoining property in 'question was
also up for.-sale, represented as a legal building lot, for $42,000.00. We
indicated our interest in buying it and asked and received from Mr. & Mrs. Walker
a promise. of first refusal for the property.
We heard nothing from the Walkers for the next four months. We then received
a note from Mr. Walker taped to our door asking us to contact him if we were
still interested in the adjoining property. We did contact him and he asked us
to make an offer for the property.
We did not make an immediate offer as we did not know what the property was
worth. We had looked up the status of the property in question and found :that
-it was not shown on any record that could be found as a legal building -lot.
We are willing to buy it as additional property and keep it in its natural state.
We feel that building on this long, narrow strip..would constitute overcrowding,
especially as it is directly on Marratooka lake. We are opposed to it for both
environmental reasons and reasons of self-interest, as jamming a house on this
narrow property would only act as a detriment to the character and property
-1-
p '
4
values of the area surrounding Marratooka Lake.
Just as the Walkers, who lived here many years, did not want a building jammed
up against them, we ask that no building variance be allowed now.
Yours truly,
Eunice & Jackson Lowell
G �
-2-
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, -NEW YORK 11935 PHONE 516 734-7666
February 5, 1988
Re: Walker to Lowell
Our File # 4409
Dear Mr. and Mrs. Lowell :
Enclosed please find a letter addressed to me from Kevin Mc Laughlin
dated February. ,4, 1988. Perhaps it would be best if you and Mr. Walker
negotiate the purchase of this lot betwee+l yourselves and if you reach
a. meeting of the minds then contact my office for the appropriate
contracts, etc.
Very truly yours,
f
GARY ANNER OLSEN
GFO: Imm
Enclosure
Mr. and Mrs. Jackson Lowell
1100 -Marratooka Lane
Mattituck, NY 11952
36 ���
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803
GREENPORT,NY 119.44
(516)477.1016
~ February 4, 1988
Gary Flanner Olsen, Esq.
PO Box 706
Cutchogue, NY 11935
RE: Walker to Lowell
Dear Gary,
Please be advised that I have discussed the contents of
your letter to me dated January 29, 1988 , with my clients.
They would be willing to entertain any offer which the
Lowells wish to make. We would be looking for an all cash deal
with the purchasers accepting the property in its present status.
very truly you s
J Kevin McLau lit
JKM/lmt
GARY FLANNER O.LSEN
COUNSELLOR AT LAW
P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516 734-7666
January 29, 1988
Re: Walker to Lowell
Our File # 4409
Dear Kevin:
I received a phone call from Mrs. Lowell who indicated that she would be
interested in purchasing the Walker lot and has requested me to inquire
with you as to whether or not it is available to purchase and the price,
terms, etc.
Let this also confirm that when you have the date of the public hearing
you will contact my office before hand.
Very truly;.yours,
GARY FLANNER OLSEN
GFO: Imm
J. Kevin McLaughlin, Esq.
828 Front Street
P. 0. Box 803
Greenport, NY 11944
cc:
Jackson and Eunice Lowell
210 East 36th Street
New York, NY 10016
•
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK, 11935 • PHONE 516 734-7666 .
January 29, 1988.
Re: Walker to Lowell
File #4409
Dear Mr. and Mrs. Lowell :
Please be advised that I have been in contact with Kevin McLaughlin,
attorney for Walker (Turtle Associates) in connection with the above
Zoning Board matter. The nature of his application is to have the
town approve Mr. Walker'-sllot as a valid building parcel for the
construction of a single family residence since apparently at one time
this lot had been "Set Off" without Planning Board Approval. Mr.
McLaughlin does not know when the public hearing will take place but
will advise me and I will relay the information to -you. He is ot' seeking
an Access Variance under Section 28A- since same is not re ired due to
the fact that the property is located on a public road.
Very truly ours,
GA N SEN
GFO: Imm
Jackson and Eunice Lowell
210 East .36th Street
New York, NY 10016
u hold Town Board of Appeals
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
JOSEPH H. SAWICKI J.U,ly , 1988
. J . Kevin McLaug.h.lin , Esq .
_828 Front Street , Box 80.3
Greenport , NY . .11944
Re : Appl . No . ' 3708 - Turtle Associates '
Dear Kevin :
Attached is a blank questionnaire, which should
be completed and returned , together with :
c�A (a) a copy of the contract of sale ;
I/% (b) Letter of Consent from the current property owner;
(c ) recent photographs of the waterfront area ;
(d) copies of the previous deeds mentioned in the
Chain of. Title prepared by. Terramara Abstract Inc. at
Liber 4310 page 208 dated_- 1 /2/47 , and at Liber 8045 page
=�.420 dated—M-ay 28 , 1976 .
In reviewing the map .and information recently furnished
and shown. on the. July 14 , 1988 map prepared by Roderick Van-
Tuyl , P .C . it appears .that_ the Lots numbered. ] , 2 and 3 were
Merged in common ownership on a_nd before May .2.8 , 1976. It
is presumed that the. lot .lines shown on this July. 14 , 1988
reflect those conv'eyances.. made on and after May 28 , 1976.
In any event , this matter is expected to be held for a
public hearing during the early part_ of ,August. Notice will
be forwarded to you within the._ next week or two .
Attached for your information are copies of communica-
tions received recently in opposition to this project .
J �
Page 2 - Appl . No. 3708
To : J . Ke_vi.n McLaughlin , Esq .
Re : Appl . of Turtle Associates
July 1 l. 988.
Please forward the items. listed in (a ) through (d ) ,
supra as soon as possible in order to complete the file .
Yours. very truly ,
GERARD P . G.GEHRINGER
CHAIRMAN
By. Linda Kowalski
Enclosures
�OUTHOLD TOWN BOARD OF APPEALS (516) 765-1809
INSTRUCTIONS
VARIANCE OR SPECIAL EXCEPTION APPLICATIONS
Please submit the following at the time of filing your application:
1 . Notice of Disapproval from the Building Inspector (after submitting your proposal
in writing for his review under the zoning regulations).
(;�2 ) Application in triplicate (typed or neatly printed) . Be sure to complete the
entire form, includ the following:
a. Permission or relief requested.
b. Street Address , Hamlet, Name of Subdivision (if any) , County Tax Map Number.
(from Notice of Disapproval ).
c. Zone District (from Building Inspector' s Office) .
d. Current owners' names and addresses. If you are an agent or interested party,
please submit written authorization from owners. If the applicant or the
owner/interested party is a corporation, please furnish Disclosure Affidavit.
e. Variance forms must include difficulties or hardship imposed by strict compli-
ance of the zoning regulations (reverse side of Form ZB1 ).
f. Special Exception Form ZB2 must include uses and activities existing and those
proposed on this form as well as on the site maps under consideration.
g. Applications for signs must include general wording of sign, exact size, loca-
tion on the premises , written consent of property owners if applicant is not
the owner of the property, etc.
The Article and Sections of the Code applicable must be furnished (see Notice
of Disapproval form) .
0 Notice to Adjoining Property Owners Form:��a u
a. Confirm current abutting owners' mailing addresses (as shown on Assessors tax
rolls) . Please include owners of abutting private roads.
b. Send one copy (front side completed) together with copy of survey or map to
each abutting landowner by Certified Mail (postmarked by Post Office) .
Return one completed form, signed and notarized on reverse, together with
(:�C?
�p ostmarked Certified-Mail Receipt;_ to the Board of Appeals. (Form to be
fit e�out exactly as those sent to the adjoining property owners. )
Environmental Assessment Form (Short and/or Long Forms) completed and signed.
I yes box is c ecked, additional forms will be necessary. See Z.B.A. Clerk. ]
05- Z.B.A. Questionnaire. If "yes" box is checked, please furnish additional information.
Please sign form.
6. If the subject property:
a. Fronts along a waterway, freshwater or saltwater area, please be sure to submit
applications to the Town Trustees and N.Y.S. Department of Environmental Con-
servation as soon as possible [subdivisions included]. If applications are
pending, please confirm status andru0artL� ? ,�iousl� S �`,✓ce /9-7l
s Q Abuts other property that you own, please furnish copies of the current deed
(, and a single-and-separate title search from a title insurance company or
Suffolk County Clerk' s Office. [This information may be submitted any
time prior to the public hearing as soon as available.]
Involves a subdivision, lot-line change, commercial use, or other project
also under review by the Planning Board, please be sure to obtain written
comments from the Planning Board for coordination with the Z.B.A. as early
as possible. [Planning Board 765-19381
d. Involves an increase in density such as multi-dwellings, motels, subdivision-
or set-off division, please submit copy of County Health Department Article 6
approval (and updates) when available.
7. Copies of:
a. current, or available, Certificate of Occupancy (from Building Inspector) , and
b. current deed sJ , c. building floor plan, height of structure, etc.
i8 Four original prints of survey or plan (certified to scale) showing aV--e-x s-t-.,g
�-knd-proposed structures , thei-r setbacks from property lines, patios , raised decks ,
fence enclosures, uses of all structures , size of lot, square footage and dimensions
of the entire new proposed construction, percentage of lot coverage including
pool , deck, patios (if any).
9. $150.00 filing fee [payable to "'Southold Town Clerk"]. Please submit your packet
o t e Z. B.A. Office for initialing before payment is submitted to the Town Clerk' s Off.
10. Rlease flag all outside corners of proposed construction for on-site inspections as
e.d`rIy as possible. Photographs of areas of proposed construction (and areas seaward
/if nea.r wetlands) s ould be su mitted at least 10 days before the hearing date.
Written notification will be forwarded to you by way of a copy of the Legal Notice of
hearing (as published in the Suffolk Times and Long Island Traveler-Watchman). The
hearing will be held at the Southold Town Hall , Main Road, Southold, at the time allotted
in the Legal Notice. (The hearing will not start before the time given. ) Please feel
free to call our office if you have any questions. 765-1809.
Rev. 1/881k
LS
r ` SOuthold Tows Board of Avveals
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. August 16 1988
SERGE DOYEN, JR.
RQBCOT I I)GUG ACC-
JOSEPH H. SAWICKI
TO: Southold Town Planning Board
,Mr-s� Valerie Scopaz, Planner
RE: Matters Involving P.B. /
September Hearings Calendar
i
j
Attached for your convenience is a list of our upcoming
applications, some of which will involve Planning Board site-plan
review.
If you choose to submit written comments on any of these files,
please transmit same to our office no later than September 8th.
Your cooperation is appreciated.
4"
Ir
fr
Southold I own Board of Appeals 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.
RQR_ERr j. nnnni nec
JOSEPH H. SAWICKI _
New Applications Under Review and Calendared for Hearings:
Appl. No. 3746(V) - JOSEPH HARDY AND OTHERS. 1000-114-11-5r'w1 -
Also requires site-plan review by Planning Board. Input not
received. 100-31.
Appl: No. 3746(SE)- JOSEPH HARDY AND OTHERS. 1000-114-11-5
Also requires site-plan review by Planning Board: Input not
received. C-Light Zone District. Uses by Special Exception.
Appl. No. 3758 - THEODORE. KUDLINSKI. Addition to dwelling. A
Zone. 1000-78-9-50
Appl. No. 3759 - TONY SCARMATO, INC. 100-119. 2. Residential
Zone. 1000-31-16-9
Appl. No. 3760(SE) - ELSIE D: YOUNG. 100-30B( 15 ) . Special
Exception for Accessory Apartment. Residential Zone.
1000-78-1-10. 3 .
Appl. No. 3761(V) - ELSIE D. YOUNG. Does not require P.B. review
for Variance. Residential Zone. 1000- 78-1-10.3 .
Appl. No. 3762(SE) - ROBERT AND DIANNA BAKER. Does require P.B.
review for Bed and Breakfast Use. 100-30B(16) . Residential ��
Zone. 1000-55-6-9. Boisseau Avenue, Southold. .�F��_LBGc�•
Appl. No. 3763 - JOHN J. JESSUP. Addition at East Road,
Cutchogue. 100-31. Residential Zone. 1000-110-7-15
Appl. No. 3764 - DENNIS O'BRIEN by Allan Shope. 100-32 and
100-119. 2. Residential Zone. 1000-3-3-3 . 5
Appl. No. 3765 - JOSEPH SPITALIERE. Residential Zone. Frontyard
setback variance. 1000-90-4-14.
Appl. No. 3767 DAVID STRONG d/b/a STRONG' S MARINA. r%' !
Interpretation of extent of uses. (P.B. review not required. ) l �
1000-122-9-6. 2 ( 6.1 and 3 ) and 44.2 I=�=
Page 2 - New Applications
Under Review and Calendared for Hearings
Appl. No. 3768 —FRANK AND SANDRA CURRAN. Residential Zone.
Variance under 100-31. 1000-111-01-016
Appl. No. 3769 - CUTCHOGUE FARMS LTD. (GRI STINA VINEYARDS)
Residential Zone. Special Exception for Winery. Also required
P.B. review for site-plan approval. 1000-109-01-013 . 48.343o NG
acres on Main Road, Cutchogue. -}rpcc%c�f
Port of Egypt - S/s Main Road, Southold. Special Exception and
Variance for substantial new boat-storage building is held in
abeyance pending appropriate filing fees, filing with P.B. and
Trustees for appropriate department reviews..
Appl. No. 3708 - DAVID WALKER and TURTLE ASSOCIATES. Residential
Zone. 100'0-115-3-18. 3 , 18.4, 18, 18. 1. 100-31 as to
insufficient area of lot as exists and divided without Planning
Board approval. Single-andseparate_search_is._pant_ of Z.B.A. -:
S file. (J. Kevin McLaughlin, Esq. met with Planning Board office "-�
c�� prior to filing with Z.B.A. ) « "'
J
s �
, •Yr
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yz
61 . �
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803
GREENPORT,NY 11944
(516)477-1016
Ilc�C
? f
January 27, 1988
Southold Board of Appeals
Main Road .
Southold, NY 11971
RE: VARIANCE FOR TURTLE ASSOCIATES
Dear Rita:
Persuant to our telephone conversation, I have enclosed
the first four items on the list contained in your letter
to me dated January 21 , 1988 .
Very trul o s,
c
J._ in cLa "g li
JKM: lmt
Enclosure
QUESTIONNAIRE TO BE COi•1PLETED AND SUMMITTED
WITH YOUR APPLICAT ION.. FORi•1S TO THE BOr1RU OF P,4EALS
Please complete , sign and return to the Office. of the Board of Appeals
with your completed application forms . If "Yes " is ansti.rered 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 P]
Z. 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 N
*b) Are there any areas open to a waterway without bulkhead ?
3. Are there existing structures at or below ground level , Yes N
r such as patios , foundations , etc? Yes N,
4 Are there any existing or proposed .fences, concrete
barriers , decks , etc? Yes N,
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 :4
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 N
or were, -,�Ae-re-
7 . Are therekother premises under your ownership abutting
this parcel ? If .yes , please submit copy of deeds Yes N�
�8 Are there -any building permits pending on this parcel
(or abutting land under your ownership , - if any ) ? Yes N
State Permit # and Nature :
9. Do state whether or not applications are pending
concerningthese e premises before any other department -
or agency (State , Town , County , Village , etc . ) :
Planning . Board Yes NC
Town Board Yes Nc
Tot-in Trustees Yes N6
County Health Department Village' of Greenport Yes N Yes Nc.
N. Y . S . D . E. C.Other Yes N�
Yes N�
10. Is premises pending a sale or conveyance ?
If yes , please submit copy of names or purchasers
and conditions of sale . (_from contract ) . Yes N�
r- Is new construction proposed in the area of contours
at 5 feet or less as exists?
1Z_ If new construction is proposed in an area within Yes Nc
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 Toren Trustees for an
inspection for possible waiver or permit under
the requirements of Ch-. 97 of the Town Code ? Yes PJc
13• Please list present use or operations conducted upon the
subject property at this time
and proposed
*Please submit photographs for t'he record of wRTErfro� ftP6� w�EN
,9valcA(•$LGJ
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering my . application .
v
SignaLure Property U,iner ) f1uthorized Agent )
3/237 lk
§ 97-13 WETLANDS § 97 13
TOWN — The Town of Southold.
�.; TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6.5.84 by L.L. No. 6-103.11
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
_ 85 by L.L. No. 6-1985]:
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 watery to a maximum depth of
five (6) feet, includinK but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying_lands subject to tidal action;"
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which ;,rows or may
grow some or any.of the followir.;,: salt hay, black
( grass, saltworts, sea'lavender, tall cordgrass,' high
bush, cattails, groundscl. marshmallow and low
march cordnrass; and/or
(3) All land immediately adjacent to a tidal wetland ss
defined in Subsection A(2) and lying ti•.,itltin seven-
ty-five (75) feet landward of the lllhvt l:rnd�:airl
edge of such a.tidal wetland.
13. FRESII1VATER WETLANDS: -
(1) "Freshwater wetlands" as defined in article 2.1, Ti-
tie 1, § 2-1-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmcnt;d Conservation Law of the State
of IvTow York;and
' (2) All land imnlediatcIy adjacent ton"frvtihwater wet-
land,"as defined it, Sul)jvCtiotl Ii(I) and lying with-
in seventy-five (75) fvet landwnrd of the most land
- ward edge of a"freshwater wetland."
P705 _
�JN.1
,s; J
Southold Town Board ®f Anneals
��p'
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
JOSEPH H. SAWICKI January 21 , 1988
J . Kevin McLaughlin , Esq .
828 Front - Street , Box 803 J
Gree.nport , NY 11944
Re : . Variance Application for Turtle Associates/David Walker
Dear Mr . McLaughlin :
This letter will confirm that the above application with
relevant attachments has been received and deemed at this
ti.me incomplete pending receipt of .the following :
,p ' L
I�j��� 1 . Insertion on the variance application of the Article
and S appeal -is of .the Code under which th.is appeais made (#2.) ;
4 2 . Postmarked Certified-Mail Receipts (for the adjacent
property -owners of this lot and the owners adjacent to the
portion from which the s_et-off is made ) ;
�n� �-------- 3. Completed and signed Short Environmental Assessment
Form (attached ) ;
^ __..�_
4. Z . B . A. Questionnaire (attached ) together with additional
; submissions where applicable ;
5 . Single and separate title search issued by either a
I `c� title insurance company or the Suffolk County Clerk ' s Office
l,`l�l�cb which would include the history of conveyances between .1.957
ry1 and 1988 .involv.ing this parcel ;
- - 6 . Map showing the portion of the premises from which this
parcel i s be ng set-off;
t
c�a\_
a n
Page 2 - January 21 , 1988
.Matter of Turtle Associates/Walker
To : J . Kevin McLaughlin , Esq .
��. 7 . Written comments from the Planning Board (or Town Planner )
following your submission of the Division Map [for appropriate
coordination as applies to their jurisdiction] ;
Disclosure affidavit together with copy of the Contract
\ of Sale concerning these premises .
Unless otherwise requested , ' we will file the papers sub-
mitted with the understanding that the .application is incomplete
pending receipt of the above items .
Please keep us advised.
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
lk
Enclosures
cc : . Planning Board
Fo �oG
Southold Town. Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
r TELEPHONE (516) 765-1809
October 26, 1988
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice_ of Determination of Non-Significance
James Dinizio, Jr.
APPEAL NO. : 3708
PROJECT NAME: DAVID WALKER/TURTLE ASSOCIATES
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 [ ] Exempt
DESCRIPTION OF ACTION: For approval of parcel as exists with
insufficient lot area and width
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 1300 Marratooka Lane, Mattituck, NY I
115-3-18. 3
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) The relief requested is not directly related to new con-
struction as regulated by Section 617. 13 for a lot-line or area variance.
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
5UF r DL��,
Southold Town Board of Anneals
'J"a► ,_ � 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 DOYEN1,1JR1. c
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
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
s STATE OF NEW 1►vtiQ
r�, )SS:
COUNTY OF SUFFOLK)
l a
Christina Contento of Matti(uck, in
C said County, being duly sworn,says that he/she is Principal y�
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a printed copy,has been regularly published in
said Newspaper once each week for 1 weeks
successively, commencing on the 2 0 day of
October 19 gg
Principal Clerk
s Sworn to be re me this [✓
day of fg MARY f(.11101
- MARY PUBLIC,State of New York
_ Suffolk County No.4849860®
-,�-_
Legal Hotices see County Tax Map District 1000, percent. Location of Property: 1060 store uses,all as shown on.the Au- '
Section 87,Block 3,Lot 8. Moore's Lane,Greenport,NY;East- gust 4, 1988 Site Plan.
7:45 p.m. Appl. No. 3772 - em Shores Subdivision, Section 3, Appl.�ltlo:`3782-'Variance to the'
NOTICE OF HEARINGS JOHN G. PHILIPPIDES. Variance Lot 99; County Tax Map District Zoning Ordinance,Article VIII,Sec-
NOTICE IS HEREBY GIVEN, to the Zoning Ordinance,Article XI, 1000.Section 33,Block 2,Lot 43. tion 100-80 for Permission to cone_,
p,gSuant tSSection 267 of the Town Section 100-119.2 for permission to 8:05 p.m. Appl. No. 3786 - existing building to retail (grocery) 'zi O
Law and the Code of the Town of construct deck addition at rear of ex- MARION SACCONE. Variance to store,which is not listed as a permit-
-'isting dwelling with an insufficient the Zoning Ordinance, Article III, ted use in this"C-Light Industrial" 'p g
Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30.for permission to re- Zone District, in addition to the
be held by the SOUTHOLD TOWN. cation of Property: South Side of Old place nonconforming trailer with new existing sales use(of gasoline and I C
BOARD OF APPEALS at a Regular e 8 Cove Road, Southold,NY; County single-family dwelling,in addition to diesel)and proposed new building for y�t°�w°p
Meeting at the Southold Town Hall, Tax Map District 1000,Section 52, the established dwelling structures and automobile servicing. rjO
Main Road,Southold,NY 11971,on Block 2,Lot 10.1. uses. Location of Property: 66075 8.30 p.m. Appl. No. 3708 - b b
WEDNESDAY-OCTOBER 26 1988 7:50 p.m. Appl. No. 3785SE - C.R.48,Greenport,NY;County Tax DAVID WALKER/I[JRTLE ASSO- p■ at the following times: RAYMOND NINE and CHARLES Map District 1000,Section 40,Block CIATES. Variances to the Zoning O
7:30 p.m. Appl. No. 3773 - ZAHRA. Special Exception to the 2,Lot 7. Ordinance,Article III,Section 100-
L. , n
GRETCHEN K.HEIG Variance to Zoning Ordinance,Article III,Section 8:10 p.m. Appl. No. 3762 - 31,for approval of parcel as exists the Zoning Ordinance, Article III, 100-30B(16) for percussion to es- ROBERT G. AND DIANNA with insufficient lot area and width
Section 100-31. for permission to tablish"Bed and Breakfast Use.""an BAKER. Bed and Breakfast proposal, and more particularly described in
connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau Avenue, Southold; Deed at Liber 8721 page 433 dated
sufficient setback from the hotel,where lodging and breakfast is 1000-55-6-9. (Recessed from Omer October 25,1979,having been set-off
south(westerly)property line. Loca- provided for not more than six casual, 6,1988). without Planning Board approval.
lion of Property: Private Right-of- . transient roomers,and renting of not • 8:15 p.m._ JOSEPH A. Location .of Property: 1300
Way extending off the North Side of more than three rooms. Location of STOCKEN/M & N AUTO, INC. Marratooka Lane, Mattituck, NY;
Soundview Avenue, Southold,NY; Property: North Side of New Suffolk Location of Property: South Side of County Tax Map District 1000,
County Tax Map District 1000,Sec- Avenue,Mattituck,NY;County Tax Front Street(Route 25),Greenport, Section 115, Block 3, Lot 18.3
lion 68, Block 1,northerly part of Map.District 1000, Section 114, NY;County Tax Map District woo, (previously part of 18.2).
Lot 14(now 14.1). • Block 11,Lot 20. Section 45,Block 6;Lot 5: The Board of Appeals will at said
7:40 p.m. Appl. No. 3784 - 7:55 p.m. Appl., No. 3777 - • Appl. No. 3783SE -Special Ex- time and place hear any and all per-
JAMES YOUNG. Variance to the CARL J.AND RUTH V.NELSON. ception to the Zoning Ordinance,Ar- sons or representatives desiring to be
Zoning Ordinance,Article III,Section Variances to the Zoning Ordinance, ticle VIII,Section 100-80 for expan- heard in each of the above matters.
100-31 for permission to construct Article III,Sections 100-31 and 100- sion of the.present property by the Written comments may also be sub-
addition to dwelling with insufficient 32,and Article XI,Section 100-119.1 - addition of a new building to be uti- mitted prior to the conclusion of the
front yard setbacks from the westerly for permission to construct tennis lized for the existing automobile se, subject hearing.Each hearing will not
And southerly property lines.Location, court with 10-ft.high fencing in the vice station and public garage, in start before the time allotted. For
Of Property:NE/s Minnehaha Boule- frontyard area and total lot coverage in addition to the continued sales of more information, please call 765-
vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 gasoline and proposed retail(grocery) 1809.
r a N.4•.; a ,
NOTICE OF HEARINGS
NOTICE IS', HEREBY
GIVEN, pursuant to•Section 01UNTY OF S U F FO L K
267 of the Town Law and the STATE OF NEW YORK ss:
Code of the Town of Southold,
the following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the
at a Regular Meeting at-the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Southold 'Town Hall, Main
Road, Southold, NY 11971, on Suffolk a public newspaper printed at Southold, in Suolk County;
, y
WEDNESDAY OCTOBER 26, and that the notice of which the annexed is a printed copy,
1988 at the following times: has been published in said Long Island Traveler-Watchman• • •
7:30 p.m. Appl. No. 3773-
GRETCHEN K. HEIGL. Vari- • • • • • • • • • • • • • • • • • •once each week for , weeks
ante to the Zoning Ordinance, 0
Article III,,.Section 100-31 for 'permission to connect deck to successively, commencing on the . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
porch, leaving an insufficient
setback from the south(westerly) day . . . . /!`! . . . . . .. 19 �
property line. Location of Pro-
perty: Private Right-of-Way ex-
tending off the North Side of . . . . . . . . . . . (// . . . . . . . . .
Soundview Avenue, Southold,
I NY; County Tax Map District 8:10 p.m. Appl; No. 'Y-rEe
1000,Section 68,Block 1,north- ROBERT G. and DIANNA
erly part of Lot 14 (now 1'4.1?. BAKER.' Bed and Breakfast
7:40 p.m. Appl. No. 3784- proposal, 2900 Boisseau Ave- ;his . . . . . . . . . ... . . . . . . . . . . day of
JAMES YOUNG. Variance to nue,Southold; 1000-55-6-9.(Re- f'
the Zoning Ordinance, Artic cessed from October 6 1988).
III, Section 100-31 for permis= 8:15 p.m.JOSEPH A.STOC- , 19
sion to construct addition to KEN/M&N AUTO,INC.Loca-
dwelling with insufficient front tion of Property:South Side of
yard setbacks from the westerly Front Street(Route 25), Green-
and southerly property lines. port,NY,County Tax Map Dis-Location of Property: NE/s trict 1000, Section 45, Block 6,
Minnehaha Boulevard at Lot 5• . . . . . . . . . . . . . . . . . . . . . . . .
"Laughing Waters;" Southold, Appl. No. 3783SE-Special Notary Public
NY; County Tax Map District Exception to-the Zoning Ordi- BARSARA A. SCHfVEIGER
1000,Section 87,Block 3,Lot 8. nance, Article V1II, Section TARY PUBLIC, State of New Yori;7:45_p.m. Appl. No. 3772-_ 100-80 for expansion of the pre- No.48068e
JOHN G.PHILIPPIDES.Vari 46
sent property by the addition of
ante to the Zoning Ordinance, a new building to be utilized for Qualified in Suffolk Coun y
Article XI,Section 100-119.2 for Commission Expires ��3 i/qd
the existing automobile service
permission to construct deck ad- station and public garage,in ad-
dition-at rear of existing dwell dition to the continued sales of
ing with an insufficient setback gasoline and proposed retail
from existing bulkhead. Loca- (grocery)store uses,all as shown .
tion of Property:South Side of on the August 4, 1988 Site Plan.
Old Cove Road, Southold, NY; Appl. No. 3782-Variance to,
County Tax Map District 1000, the Zoning Ordinance, Article,
Section 52, Block 2, Lot 10.1. VIII,Section 100-80 for permis-
7:50 p.m. Appl. No. 3785 I sion to convert existing building
SE-RAYMOND NINE and to retail(grocery)store,whicb is
CHARLES ZAHRA. Special not listed-as;a permitted use in
Exception to the Zoning•Ordi-• this"C-Light Industrial"Zone
nance, Article 111, Section District,in addition to the exist-
100-30B[16] for permission to ing-'sales use (of gasoline and
establish "Bed and Breakfast diesel)and proposed new build-
Use;'`•`an owner-occupied build- ing for automobile servicing. 1�(
ing,other than a hotel, where 8:30 p.m. Appl. No. 3708- '
lodging and breakfast is provid- DAVID WALKER/TURTLE 30
ed for not more than six casual, ASSOCIATES.Variances to the
'transient roomers, and renting Zoning Ordinance,'Article III,
of not more than three rooms. Section 100-31, for approval of
Location of Property: North parcel as exists with insufficient
Side of New Suffolk Avenue, lot area and width and more' '
Mattituck, NY, County Tax particularly described in Deed at
Map District 1000,Section'114, Liber 8721.page 433 dated Oc-
Block 11, Lot 20. tober 25, 1979,having been set-
! 7:55 p.m. Appl. No. 3777- off without Planni Zg Board ap-
CARL J. and RUTH V. NEL- proval. Location of Property:
SON. Variances to the 'Zoning 1300 Marratooka Lane, Matti-
Ordinance,Article III,Sections tuck,NY;County Tax Map Dis-
100-31 and 106-32, and Article trict 1000,Section 115,Block 3,
XI,Section 100-119.1 for permis- Lot 18.3 (previously part of
s,on t onstruct tennis court 18.2). --- - - --
with 10-ft high fencing in the The Board of Appeals will at
frontyard area and total lot said time and place hear any and
coverage in excess of the maxi- all persons'or represenfatives de-
mum-permitted 20 percent. siring to be heard in each of the
Location of Property: 1060 above matters. Written com-
Moore's Lane, Greenport, NY; ments may also be submitted
Eastern Shores Subdivision, prior to the conclusion-of the
Section 3, Lot 99; County Tax subject hearing. Each hearing
Map District 1000, Section 33, will not start before the time al-
Block 2, Lot 43. lotted.- For more information,
8:05 p.m. Appl. No. 3786- please call 765-1809.
MARION SACCONE.Variance Dated: October 6, 1988.
to the Zoning Ordinance, Arti- BY ORDER OF
cle III, Section 100-30, for per- THE SOUTHOLD TOWN
mission to replace nonconform- BOARD OF APPEALS
ing trailer with new single-family GERARD P. GOEHRINGER,
dwelling, in addition to the es- CHAIRMAN
tablished dwelling structures and By Linda Kowalski
uses. Location of Property: 1X, 10/20/88 (3)
66075 C.R. 48, Greenport, NY;
County Tax'Map District 1000, '
Section 40, Block 2, Lot 7.
STATE OF NEW- K)
SS:
COUNTY OF SUFFOLK)
of Mattituck, in
Christina Cont en
C said County,being duly sworn,says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State of New York,and that the Notice of which
the annexed is a printed copy,has been regularly published in
said Newspaper once each week for -1-- weeks
_ successively, commencing on the
20 day of
October 19 88
Principal Clerk
Swom to be re me this �pRY K.DEGNAh
day of 19- RY PUQLtCr See 4849860oi ork
Sutt0lk CountyU
Y..m_�Ynrras Febtuar l
• NY;County Tax Map District I",_ percent. Location of Property: 1060 store'uses,all as shown on.the Au .
Leal Notices Section 87,Block 3,Lot 8. Moore s Lane;Greemport,NY;East- gust 4,1988 Site Plan.
7:45 p.m. Appl. NO. 3772 s em Shores Subdivision, Section 3, AppL R6_.3782-Variance to the',;
70HN G..PHII.IpPIi)Es. Variance •_-Lot 99;County Tax Map District Zoning Ordinance,Article VLII,Sec
NOTICE OF HEARINGS. ,o ti1e Zoning Ordinance,Article XI, f000,Section 33,Block 2,Lot 43. tion 100-80 for permission to convert
NOTICE IS HEREBY GIVEN, "'Section 100-119 2 for permission io 8:05 p.m. Appl. No. 3786 - "- existing building to retail (grocery)
prVinant.toAction 267 of the Town construct deck addition at rear of ex- . MARION SACCONE. Variance to store.which is not lim&44�a permit-
Law and the Code of the Town of ,, isting dwelling with an insufficient the Zoning Ordinance, Article III," ted use in this"C-Light Indtrnrinl\
Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30,�oipemiission tore- Zone District, in addition to the
be held by the SOTHOLD TOWN. cation of property: South Side of Old place nonconforming trailer with new 'existing sales use(of gasoline and
U�
BOARD OF APPEALS at a Regular Cove Road,Southold,NY;County single-family dwelling,in addition to diesel)and proposed new building for
Meeting at the Southold Town Hall, ,.Tax Map District 1000,Section 52, the established dwelling structures and a obile servicing.„
Main Road,Southold,NY 11971,on Block 2,Lot 10.1. uses. Location o Property: 66075 8:30 p.m. Appl. No. 3708 -
WEDNESDAY OCTOBER 26.1988 ?`:7:50 p.m. Appl. No. 3785SE - C.R.48,Greenpo ;NY;County Tax DAVID WALKER/TURTLE ASSO-
at the following times:`,. .RAYMOND NINE and CHARLES Map District 1 ;Section 40,Block CIATES. Variances to the Zoning
7:30 p.m. . Appl. No. 3773 ZAHRA. Special Exception to the 2,Lot 7. d• Ordinance,Article III,Section 100- i
GRETCHEN K.HIIGL Variance to '`Zoning Ordinance,Article III,Section 8:10 p.m. A`pl:�'No. 3762 - 31,for approval of parcel as exists
the Zoning Ordinance.,Article III, '100-30B(16) for permission to es- . ROBERT G. P(1) ;;.DIANNA with insufficient lot area and width
Section 100-31.for permission to tablish"Bed and Breakfast Use,""an BAKER. Bed and Breakfast Proposal, and more particularly described in
'
connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau Avenue, Southold; Deed er 5,1 9,h page been
dated
sufficient setback from the hotel,where lodging and breakfast is 1000-55--9. (Recessed from October October 25,1979,having been set-off
south(westerly)property line. Loci-' provided for not more than six casual, 6,1988). ` without Planning Board approval.
p y:
tion of Property: Private Right-of- transient roomers,and renting of not 8:15 p.m. . : OSEPH A. Location . of Pro ert 1300
Way extending off the North Side of more than three rooms. Location of :STOCKEN/M & ,3XUT0; INC. - Marratooka Lane, Mattituck, NY;
Sotmdview Avenue,Southold,NY; Property: Noah Side of New Suffolk Location of Property:,South Side of County Tax'Map District_1000;
County Tax Map District 1000,Sec- Avenue;Mattituck,NY;County Tax Front Street(Route Greenport, Section.I IS. Block 3; Lot.18.3
tion 68,Block 1,northerly part of Map District 1000, Section 114, '-.'.'NY;County Tax Map District 1000, (previously part of 18.2).
Lot 14(now 14.1).. Block 11,Lot 20. Section 45,Block 6,Lot 5:. " _ - e oard of Appeals will a said
7:40 p.m.. Appl. No. 3784 - 7:55 p.m. AppL No. 3777 - Appl.No. 3783SE-.Special Ex-: time and place hear any and all per-.
JAMES YOUNG. Variance to the CARL J.AND RUTH V.NELSON. .. ception to the Zoning,Ordinance,Ar- sons or representatives desiring to be
Zoning Ordinance,Article III,Section Variances to the Zoning Ordinance, ticle VHI.Section 100-80 for expan-. heard in each of the above matters.
100-31 for permission to construct - Article III,Sections 100-31 and 100- sion of the.present property by the Written comments may also be sub-
addition to dwelling with insufficient 32,and Article XI,Section 100-119.1 tion of a new building to be uti- mitted prior to the conclusion of the
front yard setbacks from the westerly for permission to construct tennis lized for the existing automobile set- subject hearing.Each hearing will not .
and southerly property lines.Location_ court with 10-ft high fencing in the vice station and public garage, in start before the time allotted. For
of Property:NEls Minnehaha Boule- frontyatd area and total lot coverage in addition to the continued sales of more information, please call 765-
vard at"Laughing Waters."Southold, excess of the maximum-permitted 20 gasoline and proposed retail(grocery) 1809.
".- rs n-n r:t�Nrox-•.-.a.r.r....,...4. r+v�.tr t •-f . '7 ,+ �� a •,.a-� d: r- .-o�aa�r� :�� w�'.'rar`��•+
....F 3+�.a��.vf..�.f'-4?t8„ .. "--�._.,.._-..�-__._t. _ 4'. � i'.:�iC S.d..L t`.� ..�f'c: I R.c7.. ..`L•i'r .r`
Dated:October 6,1988: .
BY ORDER OF
THE SOUTHOLD TOWN .
BOARD OF APPEALS
GERARD P.GOEHRINGER,
CHAIRMAN .
By Linda Kowalski
6087-1T620
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ..... .��
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Turtle Associates, of 2105 Park Avenue , ,
.............................. pp ........
Name of A ellant Street and Number
...................... Mattituck. . . ..................................... ......NY ..............HEREBY APPEAL TO
.. .. . ...........
Municipality. , State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR.ON.-, ...
APPLICATION FOR PERMIT NO. ..................................... DATED August 13; 1987................
WHEREBY THE BUILDING INSPECTOR DENIED TO
William H. Price, Jr. , .as counsel for David Walker
.... .... .......... .... ..... ........ ... ... . ..
Name of Applicant for permit .
of 828 Front Street Green art New York
.......... .P..... ...........................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) PERMIT TO SUBDIVIDE
1. LOCATION OF THE PROPERTY .....1,300 Marratooka..Lane..........................
.............. ..
Street /Hamlet / Use District on Zoning Map
Di stri ct. 1000 Section 115 Block 03 Lot 18..'3Current Owner David Walker
Mop No. . Lot No............. Pri or 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 100-31
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 cppeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X ) A Variance'to the Zoning Ordinance
( )
is requested for the reason that the parcel, which has been previously been set—off
without Planning Board approval is insufficient in width and area.
Form zB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because this parcel has been previously set-off without Planning Board
approval and is in separate and single ownership. Without this' variance, the
property would be virtually useless and without value-.
i
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because .of the unique history of the' set—off
and transfer .of the property without obtaining requisite approvals.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
I .
CHARACTER OF THE DISTRICT because the size of the parcel is similar to most of
the other parcels in. the. area and, in fact, larger than many.
^I
STATE OF NEW YORK ) / c
�) ss ........ .... .. .. ........................ ................... .
COUNTY OF i) Signature
J K vin McLaughlin, Attorn y/ gent
1v
Sworn to this ............. ..1. ...................... day o `......... anuary.............................. 1988
. . .. ............� . ...�... -c,G�J........
C� .
Notary Public
LAURIE E.GRAEB
Notary Public,State of New York
No.4821818,Suffolk County
Term Expires September 30,1988
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
TURTLE ASSOCIATES 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�equest a Variance (Special Exception) (Special Permit) (Other) [circle choice]
1.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 1300 Marratooka Lane, Mattituck, New York
Tax Map No. 1000-115-03-18.3
3. That the property which is the subject of such Petition is located in the following zoning district:
A Residential-Agriculture
4. That by such Petition, the undersigned will request the following relief: Article III
Section 100-31 Bulk and Parking - insufficient area
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31
[ ] 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) 7�5-1809.
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: 1/15/88 TURTL AS`SOC S
C.
Pe ti 'o er
Owne ' Names : David C. W ker
Post ffice Address
c/ J. Kevin McLaughlin, Esq.
PO Box 803, 828 Front Street
Greenport, New York 11944
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Jackson and Eunice Lowell 1100 Marratooka Lane
Mattituck, New York 11952
Elaine E. Cuddy Marratooka Lane
Mattituck, New York 11952
N
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
Laurie E. Graeb residing at 4780 Ole Jule Lane, -Mattituck, New York
, being duly sworn, deposes and says that on the 15th day
of January 11988 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck. New York ; that said Notices were mailed to each of said persons by
(certified) (rcgistc mail.
l
Sworn to before is 1
day of ' -ua 8
— C
Notary P lic
J. KEVIN McI AUGHLI
Notary Public, S I � of flew York
Qualified in MA S unty
My Commission Expires M 1 i.,"
(This side does not have to be completed on form transmitted to adjoining
property owners.. )
i
UESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FORMS 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
2 . a) Are -there any areas which contain wetland grasses ?
(Attached is a list of the wetland grasses defined by
Town Code , Ch . 97 for: -your reference . ) - Yes
*b) Are there any areas open to a waterway without bulkhead ?
3. Are there existing structures at or below ground level Ye
such as patios , foundations , etc? Yes
4. Are there any existing -or proposed fences', concrete
barriers , decks , etc? Yes
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
6. If project is proposed for principal building or
structure , is total height at more than 35 feet above _
average ground level ? State total ft . Yes
:
7 . Are there other premises under your ownership abu.tting
this parcel ? If .yes , please submit copy of-deed . Yes
8. Are there any building permits pending on this parcel
(or abutting land under your ownership , - if any ) ? Yes CK
State Permit # and Nature :
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State , Town , County , Village , etc . ) :
Planning . Board N
Town Board Yes
Town Truste-es Yes �
County Health Department QrD N
Village' of Greenport Yes
N . Y . S . D . E. C. Yes
Other Yes
10 . Is premises pending"a sale or conveyance ?
If yes , please submit copy of names or purchasers
r and conditions of sale . (from contract ) . N
11 . Is new construction proposed in the area of contours
at 5 feet or less as exists7 - Yes
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 Yes
the requirements of M. 97 of the Town Code ?
13 . Please list present use, or operations conducted. upon the
subject property at this time
and proposed
*Please submit photographs for e record .
I certify- t.hat t- e a o e s n n s . are true and. are being submitted for
reliance b Bo d f .{lppe s n cons ' dering my . applicati n .
Si Iacu e � Prop _ .-ty :-finer Authori zed Agent
3/37 lk
§ 97-13 WETLANDS § 97-13
TOWN — The Town of Southold.
TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6.5-84 by L.L. No. 6-19841
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L.No.6-1985]:
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 mein low title
are_covered by tidal watery to a maximum depth of
five .(5) feet, includinK 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 F;ro%vs 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 AM and lying within seven-
ty-five (75) feet landward of the most .landward
edge of such a tidal wetland.
13. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 2.1, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
( of the Environmentid Conservation Law of the State
of New York; and
(2) All land immediately adjacent to a"freshwater wet-
land,"as defined in Subsection I3(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a"freshwater wetland." '
9705 z•�s-e:�
MIMI ENV l!?OMM Fill'AC,
111 S Tf?UC'l'I ON S t
• (a) In order to anct•+ar the quoation:, in thi:, :,bore. FAA i:, i,a aa:,us .(1 that the
proparcr efill uao currently availablo info;natt:lon r.c;nr.urnir;�; r.f n pro,�ct d t1:o
likely Impacto of tho action. It is not uxpected Lfv,t urtdltic,n+(1 atuc:lnc , rocerl:ct
or other invostigatxons All be tuidortakon:
(b). If any quastion has bean anoworml YO.-I Lha protect r:ity f,(, :,in:f!cor,t find
ccrpletod 'F.nviron.mental Asaossmunt Form is beccasary.
(c) If all •quuationa have boon an:swcrcd 111) it i:, 11!(oIy L't'J,t; thl.-; ;:ro, ;+•ct in
not significant.
(d) r-,vironmontal Aginnnrr.ent
1. Will project result in a largo )1,yalcal clxsnF,O
to the projact sits or ph7:,1•cally filter more
ti,an 10 acrea of land? • • • . • • • • • . • Yr: ✓ 11rJ
2• Will thorn be a eta jor chango to any uniquo of �
unu:,ua1 land form found on the ait.e7 r,,.t V t;o
3• Will project altor .or hava a lnri;u uft'r,ct or,
an axinting body of water? . . . . . . • . . . �— Y
Ln 4. Will project have a potuntially 1arf;u ir;1>n(:u on
groundHatcr quality? . . . . Y„•, (1 'ic
;,- sn —f 5. Will project slgaificantly• uffoct c!ra!r,u�,o flv,,
+,. c,, r.' on adjacent aituo? . . . . . . . . 7•+ ; t;c•
` V
r. 6. 19i11 project affect any thront,nw,1 ,rr endc:nr(:rc, !
plant or ani:.il species? . . . . . . .
n 7. Wi11 proloct rc! It in a ,ra jor u(lvnrar, u!'1'(:ct c,n
air quality?
-� o
= 13. Will project Nava 'a c-zjor offuct cr, vi:,oa1 cl:e:r-
actcr of the co=Munity or nccnl vie:,,:, or :i:,tu,:
J
knotm to be Lnporcant to Clio cu;7!:+un1ty7 r 'l-:n ✓;10
9. Will project advarnaly Impact uny :,itn or :,truer,•
urn of. hlatorice prb—hiptoric, ur paluontul6gicul
importanca or any site doaignated z:; r, cs•itical
onviroamcntal area by a local aguncy? Yu:, 11c,
10. Will project have a mn jo1• offoct on oxi:.,ti-nz or
future recreational •opportunitiou'1 . - Y(:.�
ill. Will projact.rosult• in major tr:,l'fic prohlemn o.-
cause a ma jor affect to axl�Lin1; t:rnn:,l,c,r totio:;
12. hill projocc regiLlarly
noise, Clara, _vibration, or ciecr-rical di:,•u,rt,••
anco as a rasLLlt of tt:c p1•o Sect':, c;j�ur:lLiJt,'' y,..; 1;c,
13• Will projoct have any ir:,pact on Kuhlic hersl.th or
sal'aL7?
11.. 1-1111 project c,ffoct thn uxl:ltin+; cnrnmuns y by —
dircctly ca,; ;1n(; a Crutfch Jn
Lion ci' more than 5 purcc:nt �:ur ., cnc•-yuus
I,,:riod or have a rna jor orrvc!.
characLer of chu_ comnl11nit ,r nui.,;1,r „ urccl ' . Y • 1;,:,
15. Is there publ ' ot .s*ot y
PR£PA;
?ca,S SICNATi71St
!'•SPR° :;T:::C: --
To Whom It May Concern:
I am the owner of certain real property more accurately
depicted on a copy of a certain deed annexed hereto.
I do hereby authorize TURTLE ASSOCIATES, a New York
partnership, to make any and all applications to any and all
governmental entities for permits necessary to construct a
private one-family dwelling on said property.
Very truly yours,
va'v_ if uja_�4
David C. Walker
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 808
GREENPORT,NY 11944
(516)477-1016
January 20 , 1988
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Variance for Turtle Associates
Gentlemen:
I have enclosed the application forms and filing fee
for the above-referenced variance for insufficient area.
Very truly y rs,
J evin Mc au g 1 n
JKM/lg
Enclosures
a
1
29 W77)Standard N.Y.B.T.U.Fumi oJ02 Bargain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corporation(Single Sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
PAGE 433
r This Indenture, made'the, day of October nineteen hundred and. seventy-nine,
-nine
oZ y
('S�.
Between ; ROBERT E. �.REHM, .residing at .Woodcliff Drive (no street number),
Matti tuck, New York,
party.of the first part, and DAVID C. WALKER, residing at Marratooka Lane (no .
1.3 K, street number),,. Mattituck, New York.,
party of the second part,
Q. Witnesseth,thatthe.party'of the first part,inconsideration of Ten Dollars and other valuable consideration paid by
the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors
and assigns'of the party of the second part forever,
7
All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and
��n f being in the Town of Southold, County of Suffolk and State of New York,
more. particularly..bounded and described as follows :
,
BEGINNING at, a point .on the westerly •side of Marratcoka Lane at the
3' southeast ,corner ,of the. herein described premises, where the same is .
inters.ected ,by the northe.rly. side of land now or formerly of Cuddy;.
said point also being distant 394.57. feet northerly as measured along
the westerly side, of Marratooka Lane from the corner formed by the
intersect_ ion' of the northerly. side of .New Suffolk Avenue with the
westerly .side of Marratooka Lane;
running thence :from. said point of beginning along land now or formerly
of Cuddy, first above mentioned, North' 80 -degrees 56 minutes 50 seconds
West 373.87 feet -to the mean high water .mark of the Marratooka Lake;
running thence along' the mean high water mark of the Marratooka Lane,
on a tie ._line North 17 .degrees 57 minutes East 57. 51 feet to land now
or formerly of Walker;
running ,thence along. said land the following two-courses and distances :
(1) South 82' degrees 00 minutes 00 seconds East 135 feet;
(2) South 88 degrees 37 minutes 40. seconds East 220 feet to . the west-
erly side` o,f Marratooka Lane;
running ,thence along the westerly side of Marratooka Lane, South
1 degree=.22 .minutes 20 seconds West 89. 50 feet to the point or place
of BEGINNING.
SUBJECT to, any state of facts an accurate survey may 'show.
SUBJECT to covenants, restrictions and agreements of record, , if any.
Together with all right,title and interest,if any,of the parry of the first part in and to any streets and roads abutting
the above described premises to the center lines thereof;Together with the appurtenances and all the estate and
rights of the party of the first part in and to said premises;To Have And To Hold the premises herein granted unto the
party of the.second part,the heirs or successors and assigns of the party of the second part forever.
And the party of the first part covenants thatthe parry of the first part has not done or suffered anything wherebythe
said premises have been encumbered in anyway whatever,except as aforesaid.
And the party of the first part,in cdmpliance with Section 13 of the Lien Law,covenants thatthe parry of the first part
will receive the consideration.forthis conveyance and will hold the right to receive such consideration 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 PRESENC F:
',. ., Robert E. ehm
r}}
STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNT( OF
On the 9 S day of October, 19 79 before me On the day of 19 before me
personally came ROBERT E. REHM personally came•
to me known to be the,individual described in and who to me known to be the individual described in and whc
executed the foregoing i ru ent, and acknowledged executed the foregoing instrument, and acknowledged
that he executed the ame..•; that executed the same.
RICHARD J.CROPI
NOTARY PUBLIC, Stotc of New York
No. 52-5861280-Suffolk County
Commission Expires March 30, 19.
STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF s,.s,
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 I ; that he.know<
to be the individul
the corporation described described in and who executed the foregoing instrument:
in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw
knows the seal of said corporation;that the seal'affixed to said
instrument is such corporate seal; that it was so affixed by execute the same, and that he, said witness,
order of the board of directors of said corporation, and. at the same time subscribed h name as witness thereto.
that he signed h name thereto by like order,
SECTION
�:1�MxI�Miri FIYiMIP�PTe BLOCK
With Covenant Against Grantor's Acts LOT °C�IIG �O TITtC Iti1�C+RAN CE GOf'rll' P+li`
Title No. CITY OR TOWN
ROBERT E. REHM COUNTY
Recorded at Request of
To l LIA1F1: TITLE INSURANCE
Company of New York
DAVID C. WALKER RETURN BY MAIL TO
games E. McGiff, Egq.
Standard Form of New York 70 EaS t Malri' Street
Board of Title Underwriters
Distributed by Patchogue;. New York 11772
MIME TITLE I ANCE Z,p
Com of New York
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{. 3�j.�.0 I _. MA I "t U to tt»e io�EtiQr of
a cat ion 72 of the New York St..tc
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TOWNYGF .DOUTIAOLD,
Conies of this s!jrvw ma?no!Ceas,Rg
; She lard Surveyor"hn O to o s^at o.
tossed se-11 not
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t � Csuarentees indiGaW hereon shGti run
only to the person for whom the snrvel
and an hie br,hai`to the
is prenared,
�* Q tit! Gomisany.governmrsRtai a^ercY nne
t��L✓�(_(_- lord�nP irt4ti!ution listed hereon anc!
_1 t to the assignees a the lend°.ng insti-
1 +t (ZRY 18.1 7� to ion.Guarantees are net treurequer is
ni
w�additional imtitaRians or subsa cent
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-NOTES,-1-18°
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