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%w Southold Town Board of eals PP 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. ACTION OF THE BOARD OF APPEALS ROBERT d. DOUG6ASS JOSEPH H. SAWICKI Upon Application of DOUGLAS AND ELIZABETH WHELAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an . insufficient setback at the easterly side of existing dwelling which has been determined. by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-008. WHEREAS, a public hearing was held on July 14, 1988, in the Matter of the Application of DOUGLAS AND ELIZABETH WHELAN under Appeal No. 3741; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for a Variance under Article III, • Section 100-31, for permission to construct a 10 ft. x 16 ft. open deck (with railing) along the easterly side of the existing single-family dwelling structure. The setback requested. is 22 feet from the inside line along the right-of-way easement as shown on the sketched survey amended September 23, 1980, prepared by Roderick VanTuyl, P.C. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3 , Lot 8.6. 3 . The premises in question contains a total area of approximately . 413 acre(s) and is improved with a single-family dwelling of a size 25 x 30 plus 9 ft. x 18 ft. addition and garage of a size 13 x 30 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Page 2 - 'Appl. No. 3' • Matter of DOUGLAS ANL .'LIZABETH WHELAN Decision Rendered August 18, . 1988 .Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The present setback of the dwelling appears to be at 4215" from the property line along the center line of the right-of-way and at 3215" from the westerly line of . the right-of-way easement. The reduction proposed by this application is from 4215" to 3215" from the actual easterly .property line, and from 32' to 22' from the nearest right-of-way. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a ' variance of approximately 100 of the requirement (reduction to 32 feet from the actual property line along the easterly border) ; (b) the relief. requested is will not alter the character of the neighborhood; (c) the difficulties are unique and related to the property; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion _by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for the construction of an open deck with partial hip roof with a setback at not less than 32 feet from the easterly property line (at the center of the right-of-way) , or at not less than 22 feet from the nearest . , right-of-way line, under Appeal No. 3741 in the Matter of DOUGLAS AND ELIZABETH WHELAN, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unenclosed, with the exception of the partial hip roof as proposed herein; the deck shall not be enclosed or converted into liveable floor area; 2. The deck be of a size of 10 f t. x 16 ft. , as proposed herein, and not be enlarged; 3 . Any lighting which may be placed at the premises be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent due to family illness. ) This resolution was my ad 9 .,� lk R P. OEARINGtA CHAIRMAN �LB•9,!!ti RLry rjF _ S. ;i. f 5 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JULY 14, 1988 at the following times: 7:30 p.m. Appl. No. 3733 . Esme and Nicholas Laqudis. Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known as 760 The Strand,- Pebble Beach .Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84.. 7:35 p.m. Appl. No. 3735. - DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to ,construct deck addition, landing and stairs near and along. bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. 7: 40 p.m. Appl. No. 3736. JOHN R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as- 160 Blue Marlin Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. 7: 45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variances .to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot #24 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743.- NORTH FORK GREEK COMMUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article III, - Section 100-30B for permission to expand building for a Place of Worship at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map .Parcel No. 1000-106-9-6.1. 8: 00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 1116" x 36 ' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8: 05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page 2 - Notice of Hearings Regular Meeting-July 14, 1988 Southold Town Board of Appeals . 8: 10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance,. Article III, Section 100-31, Bulk Schedule, 'for permission to extend deck with an insufficient 'rearyard setback, at premises known as 395 .Dogwood Lane, Southold, NY;. County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes. in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. -3745. JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19. 8 :35 p.m. Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule for approval of. insufficient rearyard .setback from the northerly property line for proposed principal building, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals will at said time and place hear any . . and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of- the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary -----------------------------------------------------------------x Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988, and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5 , 1988. FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL. File I�'o. Uatc . . . . . . . . . . . . . 119 . To . . . . . . . . !C. .1?1+2•. . . . . . lam. -. .4k'A . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . .�Y1 9.1 . . . . . . . . ., I9 8 �. . . p for permit to construct 7� a: . . . . . . . . . . . . at Location of Property S. . . . �. . .�A �- .9.-0. . !��• 1 House No. Stre�[ U Hamlet County Tax Map No. 1000 Section . . . All . . . . . . . Block . . . . .O 4. . . . . Lot .. . . . . . . . . Subdivision . . . . . . . . . . . . . . . I-'ilcd ,Mal) No. . . . . . . . . . . . . . . . . Lot N . . . . . . . . . . . . . . . . is returnedp lie retvith and disapproval on the following grounds .; . .c. . �g . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector av iico FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 / Examined . . . . . ->1F,19 � Application No. . . . . . . . . . . Approved ."��.��'�. ��� 19 Permit No. Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date . . . (A-r� 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector,with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, build' g_ de, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspect ns. (Sign ure of applicant, or name, if a corporation) . . . x •7s-s G✓���o i r. . . . . . . . . . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. u, e��7 eS� . . ,f c •�5'.1��1-�r K?r`~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I; G I Name of owner of premises . .(<0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. i (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . .)(. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . ®" ./•`• '� ��~-. . l . J.-.F•c'? .�.'1 t���Uc.f`. . House Number Street Hamlet �1 t County Tax Map No. 1000 Section . . . . . .!/.7. . . . . . . . Block . . . . . . . .`. . . . . . . . Lot . . Subdivision . . . . . . . . . . . . . . . (N .ame. ) . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . .f. . .r'/f t�i c . . .!Z r�S/ a F-Af V i A-4-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Nature of work (check which applicable): New Building . . . . . . . Addition . . . . . . . . . . Alteration . . . . . . .'. . . Repair . . . . . . . . . . . . . . Removal . . . . . , . . . .. . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . ... . If garage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures, if any: Front . . . . .4 s . . . . . . . Rear . . . .JP . . . . . Depth . . . . . . . . . Height . . . . ./::. . . . . . . Number of Stories . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . .. . . . . . . . Number of Stories . . . . . . . . . . . . . . .�. . . . . . . 8. Dimensions of entire new construction: Front . . . . . .l.. . . . . . . Rear . . . . ..6 . . . . . . . Depth . . . /.2- Height . . . . . . .7 . . . . . . . Number of Stories . . . . . I. . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . . . . . . . y. . . . . . . . . . . 9. Size of lot: Front . . . . J. (in . . . . . . . . . . . . . Rear . . . . /. -7 A . . . . . . . . . . . . Depth . . . . y if�. . . 0 . . . . . . . . . 10. Date of Purchase . . . . . . ./ ry `� . . . . . . . . . . . . . . . Name of Former Owner s ; -r 11. Zone or use district in which premises are situated . . . .� .4,�st>.ov.V n IA-.-t-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . m . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . . J.-lt . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises A 4 -;r!,-.r,s Try-. !✓irE is Address t.. , . Phone No. Name of Architect . . � . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . Name of Contractor . . ft�N.r�. .� ��.- . . . . Addresssr. cG+. i .: . . . . Phone No. .7 .- G(--, 7. . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. PGu'r, A tD NV 46-/.Ad Ly O � O PLOTG w 1° r.F.WNELAd GAtz' w� Z �~ � r � �► LL1 I O /yj•30• _ -� �' A � rl t � gSe AREA j STATE OF NEW YORK, COUNTY OF S.S . . . . . . . . . . ./1 I�NI�. .� !�!�u /� 1... . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heis the . . . . . . '... vN. . . . . .r. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this �p . . . . . . . . .day of '� � I?Co. ., 197� / �r / rFOt Notary Public . . . . ; �,/ PA LA J. SCHINELLEP NOTARY PUBLIC,Seale of New York - No.466d300 / . . . . . . . . . . . . . Quellfied in Suffolk Coun,y GS 1 ' ' ' ' ' ' ' Commission / (Signature o 'cant) 1 TOWN OF SOUTHOLD, NEW YORK--` AY 3APEL� FROM DECISION OF BUILDING INSPECTOR APPEAL NO. SOliS01d TOWN Me* DATE .G,,�.yl TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ] / 1, (We) ......!'!©v 6rSF' VILJ.�h.......of ... .. . ... .1.A... . a'.V;bot^.... ............. Name o Appellant Street and Number 9Y.� .......��,.!��f�I..0. ...................................... ........!)!.:.Y............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..................... ............................. Name of Applicant for permit of .:..Q© . �... ors:, r..P?. ................NY...�.�.�l. .......... . ........................ .... . Street and Number Murficipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( � fG'.rff'h Il -to c.,,,AiN- 4 0/'r ss����CC ''ff � f ! . 1. LOCATION OF THE PROPERTY ....I.�...15...P.l ... C9.47 '... ..�u..S9?��Ql K..................... Street /Hamlet / Use District on Zoning Map Di stri ct 1000 Section ]Bl ock03 Lot pY Current Owner DOL ��- .....P.......................................................................: Ma No. Lot No.D 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 -3 1 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) W) 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) as 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 04 A Variance to the Zoning Ordinance is requested for the reason. that Form zsi (Continue on other side) 1 w�} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties:or{ unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and- WOULD NOT -CHANGE 'THE CHARACTER OF THE DISTRICT because STATE OF NE YORK ) ss �...... .. COUNTY OF ) Signatur Sworn to this ....................v�l..S ....... day of.......................: ... 19,�a,� ....... .... .. . ....... Notary Oublic ELIZABETH ANN NEVILLE Notary Public,State of New York No. 52-8125850,Suffolk Coun Term Expires October 31,1 "TOWN . :OF. SOUTHOLD PROPERTY' RECORD CARD OWNER STREET VILLAGE DIET. SUB. LOT N FORMER OWNER ; ` _ E ACR. eCoe �Y. W e 1 0,.413 , S W. TYPE OF BUILDING PS' i 48 R 4Ale) RES-,246a `. SEAS. VL.':. FARM _ .:`. ' COMM. CB. MICS. Mkt. Value 'LAND* ':V:. IMP. TOTAL DATE REMARKS _ .36og��2 L �36 9 ,�' ,Z . �� s �aa .y� �'lh/77- rillabfe <`. FRONTAGE ON WATER Z01 u GOO Noodland FRONTAGE ON ROAD. ` v4eadowlond DEPTH : -louse Plot .T. BULKHEAD rota L ; .9 ■■■■e■■■■■■■■■■■■■■■■■■■■■■■■■ .. ,Jar �:- . ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ - _ ■■■Neel ■■■■■■■■■■■■■■ ■■■■■■■ ■■■■'■� lir■■ ■Iw■e■■■■®■®®®■®■■® i�MEMMENEMENNNENNEMEii��iiiiii Basement ®® .. Rooms Ist Floor Recreation Room 14tr p �� 'v✓00 IN �; ;l OF SUR V'.EYE. PO"� ) _�- L1' 1.�f� �..i1 lam.-i��. . • 1� V £ PP i„ . L, F� f � __�'10 ia. A . l aT � 1 - y L� ...dam ' 1 PLOT D - f r V i � `� • l ; I �Q. PERCH i Pre eJfd �Q .�' ,a � , Sg 30„ -, I tr 5.�31C. A SCkLE E. - i0q 56- �' alteration or ReAttion f r.y:--.._�..,.' of •.�� cf the New York Statc j �\ LAI �. 453 SQ.rr ua 1`!*�s•inroY map not bearing \, ,1r Ig;t�S.+^:eYor's irsxed seal O, -:"60st;Ao.sesi&half not be considered tV ' ip be valid iruq coot. I jGuarantees indicated hereon shall run cr:!y to tFs person for whom the survey is r rerrared:and on his behalf to t:te i Z ri:";c t orncan-1.governmenfel agency and _ at_uUrn listed hereon and 1- -d;nn i� 1• l /�Prl Erb D P►LJ ih. 19 ?o tr_e assignees of the lending insti- � � �` c' u:i.:n.Guarantees are not transferahie hh A�a'� v,;adic:onsi:nstitutioris or subsequent —" M _•i C gy •6 •1K - " dL .- r• SJ�y V f' .A h 1 " y.Er • r . s G ww r'1 ti. r i A 5 t: J i.. C.. b• 4 _ a - � F , L r - S�, - F i A140 •Y .r S •4- a .J 'as ':.% '-,. _- !• - r- " s,. t_ 1• - tM yi 1 ti -1•y• _ f r r av iT•"'t— t• n- 4 t: -ry ri. j Y �L� :x _J art � r.,S 1. M..Lf• �Q. y, . a J♦ y C L+° vl•'' I -. ,, �.. $'^it •,o .,.. .-• _, r+ . .- tea.x<�.- .b.-. --.e a .. . . .in "•s'� o";y'-%' - - ,, COUNTY 'OF'SUFFOLK" PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING August 26, 1988 Town of Southold Zoning Board of Appeals . Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County . Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision .of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) George Bornschein 3737 vDouglas & Elizabeth Whelan 3741 Very truly yours, Lee E. Koppelman Director of Planning , S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK 11788 (516)360.5192 F,7Ear/�1_ Southold Town Board 42 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 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 , Article III, Section100-31 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No. : 3741 Applicant : Douglas and Elizabeth Whelan Location of Affected Land : 1145 Old Harbor Road, New Suffolk, NY County Tax Map Item No . : 1000- 117-3-8 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 or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: . Applicant is requesting permission to construct addition with an insuffi -i Pnt S bark at thA easterly—side of Pxi Sf i Mq dulp1 l i„a which has been determined by Building Inspector to be fron yard area_ Copies of Town file and related documents enclosed for your review. Dated : August 25, 1988 i TOWN OF SOUTHOLD, NEW YOR( ACTION OF THE ZONING BOARD OF APPEALS DATE J q..;7p..APG0 Appeal No. 283 Dated 3'une 1* 1960 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Jamey C. Whelan To Old Harbor Road Appellant New- 3uMlk, New.York at a meeting of the Zoning Board of Appeals on. June 23, 1960,v ThurSday the appeal was considered and the action indicated below was taken on your N.) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a' variance to the Zoning Ordinance, 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article................ Section ................ Subsection. ................ paragraph of the Zoning; Ordinance, and 'the decision of the Building Inspector ( ) be, reversed ( ) be confirmed because " \ 8200 p.M. (90 D.S.T4, j, upon application of. James c. whelan, Old Uarbor Road, New Suffolk# new York, ion, recognition of access in accordance with State of New.York Ott! Law, Section 280A.. Location of propertyt North side Old Harbor Road, Now Suffolk, stew Xoxk,: bounded north by !, Baxter# , east by other land of the applicant, south by Old Harbor.)Road, a d .west by other land of the applicant. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) 40013LMM produce undue hardship because access iris. necessary. to complete the sale of this propertpt which in am .�de lot, (b) he ardship created (is) WNW unique and (would not) be- shared by all properties alike in the immediate vicinity of .this property and in the same use district because THi® i® the only parcel in the lmediate vicinity being divided and requiring access to Ito (c) The variance (does) ( Cobserve the spirit of the Ordinance and (v? (would not) change.the, character of the district because the proposed use of the property is residential in keeping with the neighborhood, and therefore, it was further determined that the requested variance. ( X) be granted ( ) be denied and that the! previous decisions of the Building Inspector ,( ) be confirmed (X ) be reversed. ZONING BOARD OF APPEALS Judith To Soken Secretary FORM ZB4 1 ® t }SA Southold Town Board of Anneals 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.ROPERT August 23 , 1988 JOSEPH H. SAWICKI Mr. Joseph Henry J & R Home Improvements , Box 314 Greenport, NY 11944 Re: Appl. No. 3741 - Variance Dear Mr. Henry: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town .Clerk. Please be sure to return to the Town Trustees Office and Town Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1.809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to: Building Department Suffolk County Planning Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF 'rHURSDAY,' JULY 14•, •1988 Appl. No. 3741 Applicant(s) : DOUGLAS AND ELIZABETH W" 2I�AN' Location.,of Property 1145 Old 'Harbor Road, Suffolk. County Tax Map ID. No: 10007117-03-8. Board rieinbers. .present: Chairman' doehringer P. Goehringer, Members: Grigonis, . Douglass, and Sawicki.. Absent: Doyen . (due to poor weather conditions ) Also Present: Victor .Lessard, Building •Dept. , Linda Kowalski., Z .B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing. 'at 8 :•05 o 'clock p.m. and read the notice of hearing and application. for. the record. CHAIRMAN GOEHRINGER: ` agree with the position of the house• as I mentioned to Mr. Whelan, . amended September, 23.,, 1980 indicating a two-story barn type dwelling. And the addition which he. 'propo.ses. fronts on the right.--of-way.. It a proposed deck of approximately 10 by 16. And I have a. copy of the Suffolk County. Tax Map indicating this and surrounding properties in the area. - Is- the builder handy? Yes. How do you do sir. MR. HENRY: Joseph Henry •from. Dan Home Improvements. CHAIRMAN GOEHRING'ER: You were supposed to be a better sketch. of `where the house actually sits.- In other words, when I• was down there and had spoken to Mr. Whelan, I told him that the house', . I agree with him, ` was facing the right-of-way. The survey that I had basically shows ' me that the house is facing Old Harbor Road. And if,,.you want to take a look at this, I 'll show you what it means because it -doesn't sound like he told you. You see the way it 's sitting? • It should be. . . '. . You've got the same thing. That ' s ' no -problem. . ..We have no problem with that. It 's just that the house is drawn incorrectly. It should be'.,-turned around like this. The •survey' is .wrong. So if you just sup- ply us with, and you. can take this one and draw it in like this coming across and just show. us where the" ten feet is and just send it to us or drop it in the office in .the next couple of days. • If you wouldn't. mind doing that with the setbacks. We don't want -to hold you up. I know you're anxious to get going on this and we just •have to have the correct proximation of where the house is. In this particular case, as I said, it's showing facing Old Harbor Road. When in effect, the Pag� l - Thur saay, u.u-Ly 14 , 1988 PubliO Hearing Doug and Elizabeth Whelan Southold Zoning"•.Board Appeals CHAIRMAN GOEHRINGER (continued). side of the house, the side of the, barii� faces Old Harbor Road. Is there anybody who would like to be heafd in::"favor of this applica- tion other than the builder? Anybody like to speak against the ap- plication? Hearing no further `comment; .-::: This is' a one-story- deck.' ' Is that correct?.. MR. HENRY: Yes, CHAIRMAN GOEHRINGER: No roof or anything of that nature? MR. HENRY:- There is a. . . . CHAIRMAN GOEHRINGER: That's right. It is a partial roof, shed over .the one thing:... MR. HENRY: It is 16 by 5 foot. and it's open. There is no walls or anything CHAIRMAN GOEHRINGER: I'm glad I asked youi that question. MR. HENRY: There is a railing too even though it's only eight inches off the ground. CHAIRMAN GOEHRINGER: Thank you.. Hearing no-..further questions, I 'll make a motion closing the hearing, reserving decision until later. All in favor = AYE. BY. . . . . . . . . . . . . . . . Nadia Moore. !� r -- s � v 0�� e , 1 ;1\ 1 x I Q Pr°'b f o sCJ` OeICIK aXG kFloor �L�cct,mj- ` �Vll n4 �ba 161J H ;r )XC slfa�}Iei`S �. SUntoof i cA Le s i d44 Southold Town Board of Appeals . MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ' TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 14 , 19 8 8 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOBE H H. AWICKI SS Notice of Determination of Non-Significance JOSEPH H. SAWICKI APPEAL NO. : 3741 PROJECT NAME: DOU'GLAS' '&' EL'I'Z'AB'ETH WHEL'AN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION-Construct .deck addition with an insufficient setback at the easterly sine of existing dwelling which has been determined to be frontyard area by the Building Inspector LOCATION OF PROJECT: Town of Southold, Count of, Suffolk, more particularly known as: 1145 Old Harbor Roa_d, .New -Suffolk, NY 1000-117-3-8 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) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. 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 title XI, Section 100-119.2 for permission to construct deck addi- tion, landing and stairs near and LOHN and JOAN POLE - along bluff of the L.I. Sound, at yard, at premises locates premises known as 755 Soundview Variance to thelang Ordinan ong the west side of Cox La Avenue, Mattituck, NY; County Article VII, SRWh 100-71 to Cutchogue, NY; County Tax Map= Tax Map Parcel No. 1000-94-1-6. construct 11'6" x 36.' addition-(for Parcel No. 1000-84-03-5. 7:40 p.m. Appl. No. 3736. storage) with an insufficient side- 8:25 p.m. Appl. No. 3745. JOHN R. SCHREYER.Variance to yard setback at the westerly yard JOSEPH SPITALIEREIJOHN C.W. the Zoning Ordinance, Article XI, area, at premises known"as 55560 CAMPBELL. Variance for ap- Section 100-119.2 for permission Main Road and 20 Hobart Road, proval of access in accordance to construct deck addition within Southold, NY; County Tax Map with New York Town Law,Section 75 feet of bulkhead along Peconic Parcel No. 1000-62-3-2. B4 Zone 280-a over private right-of-way District. Bay, at premises known as 160 g:05 p.m. Appl. No. 3741. located along the east side of Blue Marlin Drive, Southold DOUGLASANDELIZABETHWHE- Cedar Beach Drive (just south of Shores Subdivision Lot#2, Green- General Wayne Inn) and extending port, NY; County Tax Map Parcel LAN. Variance to the Zoning Or- in an easterly and thence southerly No. 1000-56-7-20. dmance, Article III, Section 100- direction to parcels identified on 7:45 p.m. Appl. No. 3738. 31,Bulk Schedule, for permission the Suffolk County Tax Maps as GEOR BO NSCH .IN.Variances to construct addition with a No. 1000-90-4-14 and 19. to the Zoning Ordinance, Article in setback at the easterl 8.35 p.m. Appl. No. 3749. III, Section 100-31, for perils- side of existing dwelling which STERLING IDEA VENTURES. sion to extend garage located in has been determined by the Build- Variance to the Zoning Ordinance, the frontyard area and attach same mg Inspector to be frontyard area, Article VII, Section 100-71, Bulk to existing dwelling, and to at premises known as 1145 Old Schedule for approval of insuffi- construct additions to square off Harbor Road, New Suffolk, NY; cient rearyard setback from the rear of dwelling in excess of County Tax Map Parcel No. 1000- northerly property line, for pro- 117-03-8. maximum-permitted lot coverage posed principal building, at requirement, at premises known as 8:10 p.m. Appl. No. 3748.' premises known as 46025 C.R. 560 Oak Street, Cutchogue, NY; DAMES and ELAINE KELEMBE- 48, Southold, NY; County Tax Lot#24 and one-half of #25, Map LIDIS. Variance to the Zoning Map Parcel No. 1000-55-2-18.1. of Eugene Heights; County Tax Ordinance,Article III, Section 100- Map Parcel No. 1000-136-1-44. 31, Bulk Schedule,for permission B-1 General Business Zone District. to extend deck with an insufficient 7:50 p.m. Appl. No. 3743. rearyard setback, at premises The Board of Appeals will at NORTH FORK GREEK COMMU- known as 395 Dogwood Lane, said time and place hear any and NtIYASSOCIATION.INC. Special Southold, NY; County Tax Map all persons or representatives de- Parcel No. 1000-54-5-28.1 siring to be heard in each of the Exception to the Zoning Ordi- 8:15 p.m. Appl. No. 3742. above matters. Written comments nance, Article III, Section 100- OLIVER CAMPBELL.Special Ex- may also be submitted,prior to the 30B for permission to expand ception to the Zoning Ordinance, conclusion of the subject hearing. building for a Place of Worship at Article IX, Section 100-90A for Each hearing will not start before premises known as 1950 Luthers permission to construct principal the time allotted. For more infor- Road, Mattituck, NY; County Tax building for storage purposes in mation, please call-765-1809. Map Parcel No. 1000-106-9-6.1. this C-1 Industrial Zone Distrripr in Dated: June 27, 1988. 8:00 p.m. Appl. No. 3737. conjunction with sand and stock- BY ORDER OF aautiu"V1U `Q%jl w . as n ddd de %By LunoD .)CR`11 01 Gusto m er Insured 1 I-Ievq NIA j0,1 uolscnipgnS eupholstery Dooley • 765-3282 -,gy�3seg 6Zia)I , ue11$uno soot gaeag lggad p sc umduX sasnuald 1B `4 S TbyNIV111.J.MIN N& CO. / q ZT`UOIV ;;niq;o dot-ail 3° • Shop at home RG4k 01201 001 utg1lM a11"Is so uuad Wide selection of io; Z'611-00 ,! k ,(iossaaas alsaol 01 • [ uonoaS `IX aian custom fabrics 182 -iV"23u9u?p�0 8u?uoZ 2q1 01 anus Front Street, Greenport -usn. s 477-1500 COMMUNITY i '££L£ d 0S:L 1 1 1 1 :saute Bulmono; ag11e 88 i hi]C'IRf 1CVQS2IRH.L CARPET INSTALLATIONS: ' ' 111 54' uo `IL611 xN `Pi°g1ROS `Peog New or.re-lays, borders, designs. THE ONLY.WAY TO COVER A UTEW `11BH UlAOZ ploglnoS oq1 Over 20 years experience. Jim. i 1gugaW$ a islttSag s 18 722-3501. WITH A CLASSIFIED At n CUSTOM PAINTINu- PAPER Cq1iT120 aq1 Aq p?aq ag i??^" s$uusag HANGING recently relocated to BuIMoIIo; ayt 'plO�noS ;o uA�oJ Y ag1 ;o 2po0 aq1-,pus rosZ uenoy East End. Highest quality residen- tial work. Very experienced and ag1 3° L9Z llO,a o7 lusnsind reliable. Patrick McCarthy, 298- NgAIJ Xfla'dHH SI nOLLON 4814. �. SONI2IVaR 30 flOI LONDRAPERY, BLINDS, SHADES: — 00 Tiny showroom, huge selection. YOUR*25-WORD CLASSIFIED AD $1 80 Come see,Mon/Fri., 10-5.Wading River near Post office. GRIMES WILL RUN IN 182 WEEKLY NEWSPAPERS •(po..o...,29 o CUSTOM WINDOW IN NEW YORK STATE CITIES&TOWNS dw W5?.Wp 'm TREATMENTS. Shop At Home. The state Is divided into 3 regions. it you don't need the whole state 929-6643. You select the regions)you wish to each with your advertising - ■Metro:circulation 470,000 with 60 weekly newspapers participating Area covered:NYC,Nassau,Suffolk FURNITURE REPAIRED and C3 Comm:circulation 267,000 with 52 weekly newspapers participating refinished. Antiques are our Areas covered:Adimndacks,Albany,Poughkeepsie,Westchester g 0 Westem:circulation 314,000 with 70 weekly newspapers participating specialty. Some caning. BRUCE Areas covered:Sunalo.Rochester.Binghamton,Syracuse LAND.298-4970.' Ratire One region ..............: Suffolk Times Txor"oftS.................................$132 Three moon...............................$1e0 News-'Review rig classifieds are in... Upt 25 words per ad bass rate.$2"D per addtio sword 298-3200 0°) ONE ORDER-ONE CHECK and the News-Review NYSCAN Its service of Ino Now Yak Press Association -Wayne � nn Avenue,,Mattituck NY. Coun General setback at the westerly south of, sideyarO IW-,ARI:N(."S-.% ty -Ux,l Ma Parcel No.'.- yard A I rea W '.as -in an easterly and p at.premises known _.4idextending direction: to- -MrIY 1000-94-1-6. M Road an $Out I 20� 55560 thincti'. N-_ol I(+ is Ill. 61% '�736; -'N Al"lly. A pl No.- Southold, 7`40.,p.m. P, Hobart g(jidt- Y; identified on the Suffolk R paicelsidentil 11 it)Sect.ion 207.(.11'. SCH E;�Ek-'�_ 0and No Tx, Maps as .No. the'IuHn JOHN -C-ourity uxt Ma County.- 1 -19 I �alld.the:C'(fde of -m the Zoning 1OW-96444* d 'Variance an �IM6Z-3- ion p m...'Appl.- No.-,3749. tilt: dinance,:_Article. X1, Section : " ' " I N 3741. _835 80: p.m. Am Am 0. I aripps %%ill be.tied A IDEA--VEN.' IWI19.21for.permission-o con-- AND, 'STERLING'-,,- -7- -7 _J -5 -V to the Zoning 1.0, AS' %�_N I DOUUL TU Variance Tfiol 1�. a tLIZABETI- Within,, S.. strata deck:addition I" *14ELAN. -Ao -ArtickYR;S. t rat it feet-of.ibulkheid.alOng-.p conie, Variance i6ninj.-br� brdinemce, -l' - lance the. _ con tilaT.A-1-M,ing at the 1*A)lithok :)wn as .111'_'Siction * .Bulk. Rep B 1 Schedule f r ap ay, 4 premises kn.4, 00 Slam. A(fad I - difiance, -Article . Blue, Marlin- Dfive, -Southold per- -in aid Stiuihoid New IW_,31,BUlk ScheduliJor provi of. suf&1ent,rdiiY 7, YOrk`119-1 TUC .1 Shores"Subdivision:Subdivision-Lot.No. 2; Won-to.6611st -C addition setback from the northerly pro mission al Greenobrt.- NY*,' County_I),IF-RS1)--% t(I_Y 14.198�'it C 't 1lix. with-aw.insufficient setbkk_at;'- pertyline. orproposed princip.4% _arcel NO.A000-56-7-10.. Mao:Psidet,:of�Ws building,at premises known as the.:easter yNY' No.,,'!!�3Mg 7: 0 L No. 3.738.---- P.m. - pp ,. which has een';deter-- CA. 48,,-Sout. 745' 1 A dwellin b.. 461 I 'Pax .Map No. GEOkbE:'BORNSCHEIN. " Parcel mined by. Inspector CoUntY y the Building,'1140 Variances to the Zoning Or m �.B I General to-be 6-6ntyard.area,it Orernises 1000-554-181 . 7 rticli�,X I -SCC -11, Section - I OU., Busine -Zone diiiantel.Article- known-as-4145 i Harbor ,Business 106�31:-fdrpermission.to extend The Board of Appeals.Will at" Road New Suffolk; Counr, hear.a4 and -in,the f.rontyard�,'�. time and.place garage', _s; located Ma p Parcle said 'itire Avit'it, fop.,._ ty�-_�Tlix U% or represe, I.. Sound_ 66 and attach,same to existing -M03- a persons n,tatiyP9 area -dwelling,and to construct audir 7 e� p.m. Appl. NO. 3 M5 desiring to be neard in cameo. -at:..iii-einises kmmil-as -of dwell- Written com- tidns to square off rear AMES. AND--*. ELAINE the abOv. ,str, .. — 11 , . - , - n ... ;e matters. rand,. .11le trig in excess: o maximum merit -mj*- also be-submitted . I..,)( tit, Q f ril KELEMB IDIS.'Viria`Variance:to merits;E Zoning ordinance, Article poor to.:the conclusion of the e,()tltllN 'tax, perrvittedJot coverage require tfi' merit;at pre.mises kfi�wn:i�566. Each.]hearing tit, 100�31, Bulk . subject,hearing;, 111, Section before-.the-_iithe:..__:.' - - - t -will not start-Nti 1.711, Oak Street'-Cuichogue,NY;Lot, for permission o,m .. ... .. Schedule, information, tend.deck'-4ith'--ah:insufficient ed '24 and I - - .. fi , r�of No IV-N, Rflss s I .For.more. No" a�p of Eugene Height -1809. Ile Zotiinp-�(W M s,, ou,.6, setback at premises.,.. plein,call 765 t6aryard. Parcel -No... 1998 a Tdx Map ar ogwood.Lanei DATED: June 27, a known as dill Scoibl. - 1. . . - I . 595.. Igoo 14 BfZone_-District�. CountY 1hx . ORDER OF THE -136- 4- Map Southold,NY . p' .m.- Appil. 0. N 100044-5-281J _BOARD�O F'APPtAL-9- addii-itin all, I'M SOUTHOLD TOW X_ _ - .,. I- - Parcel No Rtft�FORK CREEK COM!- N -.-:3741� ApOL � o., all M-PNITY' 'k.,S9.0cl-AtION, BELL-Special- GERARVP :GOEHRING'ERI the I .I.. So OLIVE CA'MP to the: ti .: -the,Zohing-_ CHAIRMAN'- -i INC'.;`871peci . . Exception to 0 xcep on Zoning Ordinance,-Article 111, ix Simon.- Linda Kowalski, dinanc% Article; Section 100-30B fbrpennissi6n Board.Secretary. IW90A for.permissioh1a.cort fora Place a_6/10/88(9�, to expand building struci-pAnci ipal-.-building,-for, of%riship at prerhises known: §torage;p:urpbsds.m.1Ns C-14n- as.400 Luthers Roadl., Mat:..-- -ZoncDisirict-in,conr dustrial AP stockpile tituck,`NY,'-'Couinty -Tax Itot, an stoc p e. _jpriction.with.sand. d Parcel No. 1000-106-94L d yard,at premises.locate along No. 37376.*,� Uo.p.m.. Appl. side of,Cox LAne, 3*7- the w es JOHN AND.-,. JOXN..'- chdjuei NY-, Tax.ountyJ -the-. -V POLYWODX .Variance::to 000-94-0 .4�ini Ordinance,Article I- No 374 8:25'.Omi PP- 4i--to' construct, JOSEPft _7L Section :106 [.SPItA I EERE/JOHN 11'6''- X 16' additidif:(for-. C.W'CAMPBELL-.VkfianCe.for. with an insufficient of a66ess it,accordance • approval WithNew y0rk-_T0w1i;taw,Sei:- 06n 2S."ovetPO C right vtiay located along the east side`: of Ced�# Beach, Drive (just:: D E V d in I w a i L C dv mi to known Ro ad, s COUNTY OF SUFFOLK ' ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . .!r . . weeks v z2f_ successively, commencing on the . . . . . . . . . . . . . . . . . . day o . . . . . . . . . . ., 19 . . . . . .� . . . . Sworn to before me this . . . . . . . . . . . . . . . . . . . day of �- 19 . . . . .g. . . . J . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County �� Commission Expires 3/ 18 F UQe u Southold Town Board' of A ppeals 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 TO (WHOM IT MAY CONCERN : ' . Enclosed herewith as confirmation of the . time and date - of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc. and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your. publi-c. .hearing will not start before the time allotted in- the Legal Notice . If you have any questions , please feel free to call our office , 765-1,809 . Yours very ,t+`r' 1 GERARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD i In the Matter or the Petition of � NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER d YOU ARE HEREBY GIVEN NOTICE: 1. Tha is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which the subject of the etition is located adjacent to your property and is des- �cribed as follows: 111_S 011 9��r�,�r R h'ek. .S offo It Ka,12 NO I00a s&c-i I Steck eq( 3 That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the dersigned will request the following relief: !',�► �-°�t' �. r '4' par 5. That the provisions of the Southold Town Zoning.Code applicable to the relief sought by the under- signed are Article Section 10 _°9 I [ ] 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) 76�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 I'sland,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 Petitioner 1 Owners ' Names : ov w.J- Post Office Address r er E rwocl M,Ar Tel . No . c30 se -05.SL'. [Copy of sketch or plan showing proposal to,-be' attache' d for convenience purposes . ] a PROOF OF MAILING OF NOTICE k ATTACH CERTIFIED MAIL RECEIPTS ADDRESS y' P 933 160 RECEIPT FOR CERTIFIED MAoL- -_--- - NO INSURANCE COVERAGE PROVIDED y NOT FOR INTERNATIONAL MAIL ( P 9 3 3 160 077 See Reverse) I y Bent to RECEIPT FOR CERTIFIED MAIL 1L II NO INSURANCE COVERAGE PROVIDED Stre t and No. I NOT FOR INTERNATIONAL MAIL (See Reverse) P.O.,StateandkC e IVl I g to �� } COL r5 h Postage S {Street an No. I Kive P. .,State a d Z P Cod �/ I P 933 160 076 w ��` � v nO-AI II RECEIPT FOR CERTIFIED MAIL - � Postage NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P 933 160 078 rS_ent tv �r I I-9- J.r: a@ RECEIPT FOR CERTIFIED MAIL toe nd f o n Y1 NO FORNNTERNAT AGE PROVIDED Iv IONAL MAIL I State and Z P Cpde I� (See Reverse) Cr Sent to I ( I Postage S y G en A w ( II Street and No. Certified Fee L Ave P Q.,State a d ZIP Code �n Special Delivery Fee — vt Postage S Restricted Delivery Fee Certified Fee Return Receipt showing ^_�I to whom and Date Delivered u7 Special Delivery Fee rn Return Receipt shotoiag.,Lg,.whom, Date,and Adds kvre�l: Restricted Delivery Fee d � j TOTAL PAAtage and Fees t1,.� S Return Receipt showing to whom and Date Delivered t N — Postm k or Date a1 J Ret c °pf`sri to whom, Off QQ gg 9$t n Addres�"�f De very k n p U. TOTAL � P"stage end F'e's e S r IL 1-�•� 0 . Postmark or'Date STATE OF NEW YORK ) U. COUNTY OF SUFFOLK) ss.. � 3y,�ry^_-v_ residing at 143111 6/exi 0t- e-k AVc,. being duly sworn, deposes and says that on the -542 day Of' ; 19 , deponent mailed a true copy of the Notice set forth on-the re- verse side here%f, 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 ssessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- Tice at ' that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this S� day 19 Notary Public ELIZABETH ANN NEVILLE Motary Public,State of New York No. 52-8125850,Suffolk Co r'erm Expires October 31,19 (This side does not have to be completed on form transmitted to adjoining property owners . ) I I I I Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the following on or about 6/28/88 : Mr . Nicholas C. Lagudis Mr. Merlon Wiggin , President 760 The Strand Peconic Associates , Inc. East Marion , NY 11939 One Bootleg Alley Greenport , NY 11944 (for O. Campbell ) Mr. and Mrs . Dino Rossini 755 Soundview Avenue Paul A. Caminiti , Esq . .Mattituck , NY 11952 Box 992 - Main Road Southold , NY 11971 (for 0. Campbell ) Mr. and Mrs . 'John R. Schreyer One Wilton Ct. Mr. Joseph Spitaliere Great River , NY 11739 9 N'oel Place Smithtown , NY 11787 Mr. George Bornschein 1750 Stevens Avenue Mr. Garrett A. Strang , R. A. North Merrick , NY 11566 Main Road , Box 1412 Southold NY 11971 Mr. Gordon Ahlers as Agent for Sterling Idea Ventures P . O. Box 6 Jamesport , NY 11947 Mr. Andreas Markakis North Fork Greek Community Assn . Inc . 1950 Luthers Road .Mattituck , NY 11952 Mr . and Mrs . John -A. Polywoda P . O. Box 234 Southold , NY 11971 Mr. Joseph Henry .(as agent for Douglas Whelan ) J & R' Home Improvements Box 314 Greenport , NY 11944 Mr . and Mrs . Douglas Whelan 16-232 Deer Lake Road Derwood , Maryland 20855 Mr . Hank Rienecker P . O . Box 755 Cutchogue , NY 11935 Mr . Chester Wilcox Wilcox and Son (Agents for Kelembe_ lidis ) 130 Sixth Street Greenport , NY 11944 Q Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 31, 1988 Transmitted herewith is Zoning Appeal No. 3741 application of Douglas Whelan for a variance. Also included is: Notification_ to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval.'from the Building Department; survey of property; a_nd any other attachments relative to this application. Judith T.- Terry c%mithnlr-i Tnwn dark ,14-16-4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Vk e- L 3. PROJECT LOCATION:Municlpallty t,iv J(� V,f-4-0 County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) HIS 0 W&r. or & ��-�►� 5. IS PROPOSED ACTIONe ❑New ElExpansion IJ Modificationlalteration 6. DESCRIBE PROJECT BRIEFrY'1 Dec is �dr�6io� Par+io] roof 7. AMOUNT OF LAND/�AFFECTED: Initially j0Q jdj acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes If No,describe briefly #0 25"off ,-.d-e-e—"t" Ar I i c le S-e-c4i'o,, 10o_3 9. W IS PRESENT LAND USE IN VICINITY OF PROJECT? HAresidential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)r?nf/ ❑Yes L�l No If yes, list agency(s)and permitlapprovals 11. DOES ANY ASP T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT,O—F,/PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes v No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlspon r nam cT'G p2 Date: Signature: ( If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires sut�mission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM ' INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and.the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. , . (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes 'I NO Will there be a major change to any unique or unusual land form on the site? Yes -IN 3. Will project alter or have a large effect on an existing body of water? _Yes VN 0 4. Will project have. a potentially large impact on _ J groundwater quality? Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes _/No 6. Will project affect any threatened or endangered / plant or animal species? _Yes ���/// No 7. Will project result in a major adverse effect on VNO air quality? Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas / known to be important to the community? Yes y No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes VNo 10. Will project have a major effect on existing or / future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes V_No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes 40 13. Will project have any impact on public health / or, safety? Yes V/ No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes VNo period or have a major negative effect on the character of the community or neighborhood? 15. Is there ublic controversy concerning the _ project? _Yes 40 Preparer's Signature: ' � � L Representing: Date: ZBA 9/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED VTH YOUR APPLICATION FORM'S' T'O THE BOA'RD' 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. L. Are there any proposals to change or alter land contours? Yes G 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b)Are there any areas open to a waterway without bulkhead? Yes o 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes No 4. Are there any existing or proposed fences, cpncrete barriers , decks , etc? Yes No 5. If project is proposed for an accessory building or structure, i$ total height at more than 18 . feet above average ground level? State total: ft. Yes No 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes , please submit copy- of deed. Yes No 8 . Are there any building permits pending on this .parcel (or abutting land under your ownership, if any)'? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes Town Trustees . . . . . . . . . . . Yes o County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes io 10 . Is premises pending a sale or conveyance? If yes, please submit copy_ of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at t is time ne.4%_r6- and proposed �nAn- Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals i considering my application. Signature (Property Owner) Au horized Ag t) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-198q . A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of. five (5) feet, including,* but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low,lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, hiKh :bush, cattails, groundsel, marshmallow and low ;.march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tie 1, § 24-0.107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." ' ( 9705 2.25-H5 I TOWN 0 ' JOUfk1OLD BUILDING `DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. !.: . . . . . . . . . Date . . . . . . . . . . . . . THIS CERTIFIES that the-building located at Street Map No.Wfu er -. . . Block No. . . . . .Lot No. . . . . . ./ . . . . .` conforms substantially to the offlee d -. . . ., 19:�2. pursuant to which Bk�-'A, g�-v-P- No. dated . . . . .p+ -z . . . . . . . . . . . .1 1922 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . The certificate is issued to G. . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . ... . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . . . . . . . . . . . Street . . . . . . . . . .A . . .0�1 . . �: . . . . . . . . . . . . . . . . . . . . i Building Inspe for CONNECTI STATE OF NEW aRK.COUNTY< S 'OLK ss: STATE OF IIMKXG Ri', INTY< HARTFORD IBIS On the day of 19 ), before me On the 304 day of 104J9440 198° , before me personally came personally came DOUGLAS F. WHELAN ELIZABETH F. WHELAN and PATRICIA WHELAN to me known to be the individual described in and who to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. they executed the same. - Notary Public Notary Pu lic AGNES L. DOOLING ALICE K. SWIETij< NOTARY PUBLIC, State of New York NOTARY PUBLIC , No. 30-6075700 My CQMMISSION EXPIRES MARCH 31;1983. Qualified In Suffolk County Certificate Filed in NO3SOU County r Commi-Ion Expires March 30, 19D___ i STATE OF NEW YORK.COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: I 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.&pose 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- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. l ]Bargain anb &ale Meeb SECTION WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. BLOCK LOT ELIZABETH F. WHELAN COUNTY OR TOWN TAX BILLING ADDRESS TO DOUGLAS F. WHELAN and PATRICIA Recorded At Request of The Title Guarantee Company WHELAN, his wife RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Richard F. Lark, Esq. DjWHbured by Main Road — P. 0. Box 973 Cutchogue, New York 11935 j TITLE GUARANTEE- j NEW YORK Zip No. ATICOR COMPANY Lu O L7 N = r� Dj O LU p V6 Lij LU o _ " _� �� u) OEM W W j' Standard N.Y.B.T.U.Form 8007'10-79-20M—Bargain and Sale Deed,with Cotenant against Grantor's Acts—Individual or Corporatioi n -.j CONSULT YOUR LAWYER BE SIGNING THIS INSTRUMENT-THIS INSTRUI. SHOULD BE USED BY LAWYERS ONLY. LIP,«�.7��S ,tiGE 6`:3 iq.Y.S. "T rr an s f e r THIS INDE14T JRE, made the 3 0 th day of October , nineteen hundred and eighty .:$. 55 BETWEEN ELI_ZABETH F. WHELAN, residing at (no #) Old Harbor Road, :�:ev- Suffz�i ;.. New York party of the first part, and DOUGLAS F. WHELAN and PATRICIA WHELAN, his wife, residing at 116 Woodhaven Road, Glastonbury, Connecticut party of the second part, WITNFSSETH, that the party of the first part, in consideration of Ten and 00/100---------- ------------------------- ($10. 00) ---------------------------- dollars, lawful money of the United States, 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, I i, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being Ric at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: { BEGINNING at a point on a line bearing North 230 23 ' 00" East from a point on the northerly side of Old Harbor Road where the same is intersected by the westerly line of land now or formerly, of Berman, said point on said line being 186. 58 feet north of the north- erly line of Old Harbor Road; running thence along land now or formerly of Sargeant the following two courses and distances: (1) South 790 - 31 ' 00" East 10. 26 feet; (2) South 540 59 ' 00" East 197. 30 feet to the ordinary high water mark of Cutchogue Harbor; thence along the ordinary high water mark of Cutchogue Harbor, Xorth 190 31' East 30.0 feet to a point; thence through other land of the party of the first'7 k, TAX.MAP part the following five courses and distances as follows: (1) North DESIGNATION 540 59 ' 00" West . 48 feet; (2) South 180 01 ' West 23. 95 feet; (3) North Di,t. 1000 540 59 ' 00" West 148. 70 feet; (4) North 79° 31' 00" West 10.26 feet; (5) South 230 23 ' West 6.16 feet to the point or place of BEGINNING. Sea .117. 00 The above premises contains within its boundaries an exclusive Blk. 03.00 easement and right-of-way granted by the party of the first part to the parties of the second part by a deed dated December 17, 1977, Loc(X: P/O and recorded on January 4, 1978 in Liber 8369 Page 330: and. also 008.001 xecited in a mortgage bearing the same date from the parties of the second part to the party of the first part and recorded on January 4, � �' ° 1978 in Liber 8082 Page 481. It is the intention that said easement is hereby unconditionally released by the parties hereto,and that the parties of the second part shall have the fee title to the premises above described free and clear of any easements and free and clear of the lien of the mortgage dated December 17, 1977 and r recorded on January 4, 1978 in Liber 8082 Page 481. :-.. For this. - purpose both the party of the first part and the parties of the second part join in the execution of this instrument. b� i Reserving to the party of the first part an easement for ingress and egress over the northerly 10. 26 feet of the aforedescribed premises . ` a� ua�-189- 1 TAGE 61 ^• 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 part forever. I i I I I t i i i i I AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party.' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE El zabeth F. Whelan r. Dougla& F. Whelan i Pa ricia Whelan Np' LIs��8369 PAf32 SUl LK ss: STATE OF NEW YORK, I ITY OF ss: STATE OF NEW YORK, COUNTY OF On the 17th day of December 1917 , before me On the day of 19 before me personally came ELI ZABETH F. WHELAN personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. executed the same. Notary ubTic RICHARD F. LARK NOTARY PUBLIC, State of New York No. 52-7432500 - Suffolk County Commission Expires March 80, 191 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said 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- I execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name- as witness thereto. J �I i I 3Bargain anb &ale Oeeb SECTION WITH COVENANT AGAINST GRANTOR'S AcTs BLOCK j TITLE NO. � LOT - COUNTY OR TOWN ELIZABETH F. WHELAN TO DOUGLAS F. WHELAN quest at :;h RETURN BY MAIL TO: Recorded By: Richard F. Lark, Esq. MIFE TITLE INSURANCE Main Road - P. o. Box 973 Company of New York ' Cutchogue, New York 11935 127 W.Main Street ? Riverhead NY 11901 eC. , Zip No. Return to: W LL W O ♦� —� r ea `� v Z LU W6 '0 O `.'' ^ 000 IU In O) O 7 Le.Vb lu N W 9•.J W CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS - LY. 4 I . c� N.Y.S. IBER 8369 PAGE 326 Transfer THIS INDENTURE,made the 17th day of December , nineteen hundred and seventy-seven Tax Stamps $11.00 BETWEEN ELIZABETH F. WHELAN, residing at (no #) Old Harbor Road, i New S I.ffolk, New York, 1000 Dist. i 117. 00 party of the first part, and DOUGLAS F.' WHELAN, residing at 116 Woodhaven Sec. Road, Glastonbury, Connecticut, 03. 00 Blk. 008.000 Lot .party of the second part, A TNESSEI K that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ' lying and being$iSftat New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: O.A BEGINNING at a point on the northerly side of Old Harbor Road . where the easterly line of Mason intersects same; running thence along land of Mason, North 230 12 ' 20" East; 103. 54 feet to a monument; thence along other land of the party of the first part, South 66° 37 ' 00" East 109.56 feet to a monument located at the centerline of a 20 foot right-of-way; thence along the center line of a 20 foot right-of-way, South 23° 23 ' 00" West, 143.93 feet to a point located on the northerly side of Old Harbor Road; thence along the northerly side of Old Harbor Road, North 460 18 ' 30" West, 116.46 feet to the point or place of BEGINNING. TOGETHER WITH an easement and right-of-way for purposes of ingress and egress between said premises and Old Harbor Road over a 10 foot in width strip of land of premises immediately adjoining on the east of the premises herein described for persons, vehicles and animals and for utility purposes to be used in common with the suc- cessors and assigns of James C. Whelan and Elizabeth F. Whelan and present and future owners of any property abutting on said right- of-way and their guests and subject to a like easement and right- of-way over the easterly 10 feet of the premises described herein in favor of the successors and assigns of James C. Whelan and Elizabeth F. Whelan and present and future owners of any property abutting on said right-of-way analMirAuests. r� BEING AND INTENDED TO BErt a e premises conveyed by deed C% dated April 28 , 1955 and recorded in the Suffolk County Clerk's Office on May 25 1955 in Liber 3892 at Page 468 , of which the party C�! of the first part is the surviving spouse of James C. Whelan who died a resident of Nassau County on September 16, 1964. 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 part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will,receive the consideration for this conveyance and will hold the right to receive such consid- ■ eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply j 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. j The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: RECEfVED _ 10555 PEAL ESTATE ✓; � i JAN 4 1978 izabeth F. Whelan TRA gSFER i,;kX SUFFOLK COUNTY �. LIBER:H � S:A OF NEW YOLK. COUNTY OR SUF Z ss: STATE OF NEW YOWL CC r OF so: On the 17th day of December 1977 before me On the day of 19 , before me personally came ELI ZABETH F. WHEIJW personally calve to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged tha c; ; ::; the foregoing instrument, and acknowledged rl.}G she executed the same. executed the same. Notary ubTic F. LARK NOTARY PIUBLIRC, State of New york No. 52.7432&1) - Sufislk Count Commission Expires March 30, .18. ' STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK. COUNTY OF as: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described , the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it—was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. JBargain anb *ale Meeb SECTION WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. BLOCK LOT ELIZABETH F. WHELAN COUNTY OR TOWN TO DOUGLAS F. WHELAN RETURN BY MAIL TO: Recorded By, Richard F. Lark, Esq. MIFE TITLE INSURANCE Main Road - P. 0. Box 973 Company of New York Cutchogue, New York 11935 127 W.Main Street Riverhead NY 11901 ec- Zip No. Return to: 'I A�IVva wmreV.• I' W V W W O O Z l01 �� U >: C } l.1_ Z us `, 0 M o .> IL N N W W Vf W Standard N.Y.B.T.U.Form 8007+1- - -OM—Bargain and Sale Deed,with Covenant against Grantoi s—Individual or Corporation. a'l�c�� I CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYER ONLY. N.Y.S.Transfer LIBER8369 PAGE330 Tax Stamps $30.25 THIS INDENTURE, made the 17th day of December , nineteen hundred and seventy-seven BETWEEN ELIZABETH F. WHELAN, residing at (no #) Old Harbor Road, I New Suffolk, New York, 1000 j Dist. 117. 00 �• Sec. lk. r of the first and DOUGLAS F. WHELAN and PATRICIA WHELAN his wife 4 Blk. party part, 008. 000 residing at 116 Woodhaven Road, Glastonbury, Connecticut, Lot RECENEJ84 FR$EAL . .3s� :z ESTA �`06 AN 4 19HiSFER party of the second part, SUFFO!K •rt• MTMESSETH, that the party of the first part, in consideration of ----- --------------------------- ($10.00) ---------------------------dollars, lawful money of the United States, 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, with the buildings. and improvements thereon erected, situate, lying and being Jncdwat New Suffolk, Town of Southold, County of Suffolk. and State of New York, _bounded and described as follows: r,{"A BEGINNING at a monument which is the southwesterly corner of the premises about to be described which point is North 23° 12 ' 20" East 103. 54 feet distant from a monument located on the northerly side of Old Harbor Road where the easterly line of Mason intersects same; running thence North along land of Mason and Lockwood, North - 230 12 ' 20" East 142. 65 feet to a monument; running thence along land of Lockwood, South 660. 37' 00" East 110.00 feet to the center line of a 20 foot right-of-way; thence along the center line of a 20 foot right-of-way, South 23° 23' 00" West 142. 65 feet to a monument; thence North 660 37' 00" West 109. 56 feet to a monument at the point or place of BEGINNING. TOGETHER WITH an easement and right-of-way for purposes of ingress and egress between said premises and Old Harbor Road for persons, vehicles and animals to be used in common with the successors and assigns of James C. Whelan and Elizabeth F. Whelan, his wife and future owners of any property abutting on said right-of-way and their guests which right-of-way is described as follows: BEGINNING at a monument located on the southeasterly corner of ' the above-described premises; running thence North 660 37' 00" West 10 feet to a point; running thence South 230 23 ' 00" West 143.93 feet to the northerly side of Old Harbor Road; running thence along the Dnortherly side of Old Harbor Road, South 46" 18 ' 30" East 21. 32 feet to a point; thence through land now or formerly of Berman, Sargeant and Elizabeth F. Whelan, North 230 23' 00" East, 286. 58 feet to land of Lockwood; thence along land of- Lockwood, North 661 37' 00" West 10 feet to a monument located on the northeasterly corner of the premises herein described; thence along the easterly boundary of the premises herein described, South 230 23' 00" Wes•e.:q 14 . 65_feet to the point or place of BEGINNING. Subje=..t, to a like e;'na::ewe.nt and right-of-way over the easterly 10 feet of the premises herein :.. � described in favor of the successors and assigns of James C. Whelan and Elizabeth F. Whelan, his wife. \� 'TOGETHER WITH an exclusive easement and right-of-way to the parties of the second part, their successors and assigns, from the IBER 8369 PACE.331 premises being conveyed herein over other land of the,'4party of the : =...r.st part hereinafter �.cscribed to C.tchogue Harbbr-:..for the purposes J bathing, boating and recreation, �::.?_�::: _ :e 1•i-git>~a truct and maintain a cabana or beach house together with install ion and maintenance of electric and water lines over the following described premises: BEGINNING at a monument which is located on the easterly boundary of premises being conveyed to the parties of the second part which .monument is located, North 23° 23' 0.0" East 186. 58 feet from a monument located on the northerly side of Old Harbor Road where the westerly line of land now or formerly of Berman intersects same; running thence along land now or formerly of Sargeant the following two courses and distances: (1) South 79' 31' 00" East -10.26 feet; (2) South 540 591. 00" East 197. 30 feet to the ordinary high water mark of Cutchogue Harbor; thence along the ordinary high water mark of Cutchogue Harbor in a northerly direction for a distance of 30 feet more or less to a point; thence through other . land of the party of the first part the following five courses and distances as follows: (1) 'North 541 59 ' 00" West 48 feet; (2) South 18° 01' West 25 feet; (3) North 540 59 ' 00" West 148. 8 feet; (4) North 791 31' 00" West 10.26 feet; (5) South 230 23 ' West 5. 13 feet to the point or place of BEGINNING. The party of the first part also covenants and agrees with the parties of the second part to grant the parties of the second part, their successors and assigns, a perpetual easement over the following described property: ALL that parcel of land on property of the first part which is southerly from a line described as follows: BEGINNING at a monument which is on the northwesterly corner of the premises of the party of the first part which monument is North 230 23 ' 00" East 186. 58 feet from a monument located on the northerly side of Old Harbor Road where the westerly line of land now or formerly of Berman intersects same; running thence from said point of beginning on a course of South 79" 31' 00" East across the . land of the party of the first part approximately 200 feet to the high water mark of Cutchogue Harbor for the purpose of receiving light, air and an unobstructed view over that portion of the real property of the party of the first -part southerly of the above- described line to the extent that said light, air and view will be received and enjoyed, by limiting any structure, fence, . trees or shrubs on said property or any part thereof to a height not exceeding 3 feet. BEING AND INTENDED TO BE the same premises conveyed by deed dated April 28, 1955 and recorded in the Suffolk County Clerk's Office on May 25, 1955 in Liber 3892 at Page 468, of which the party of the first part is the surviving spouse of James C. Whelan who died a resident of Nassau County on September 16, 1964. I BER8369 PACE 332 w i TOGETHER with all right, _ -e and interest, if any, of the party of the t 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 I successors and assigns of the party of the second part forever. i r , AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and.will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using a 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 VVP TOM WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ,r /,% lizabeth F. Whelan ' .3 '•4 .. 62 - I •o ,00' ,I FOR PARCEL NO. aoI IFF.r _ 7ti_ SEE SEC.NO. 2 - 110 - g uo• -OB-034 a.a _ - _ 1.1 A(c) TUTHILL RR .,.• 1 10 o a uQ 20° 3.IAlc1 • . 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I74 IF-Di.I.icf Li.. -.�4_-_ Ref°se D•+r•i°r LIP•_ R.-_ Deed Dlmenalon •l0 87' tiAll a,EE, 1- Light Di.rr.cl Lin. _-_L__- BI«i No. O Sc•led DImm+lon 87'+ IIS II7 w PmY Di+nicr Li.. __.p__. Pmcel W. 7) Deed A.,a 17A Id! IN ISe D L S S•,W BI L N• Ql) C I 1 J A 17A 1 I11-1,Linir P.'D•+ ' Lin• __p_- Po-'I No- 7] Deed Are• b• . 1 D L xry I S D L S I S.,bf BI L Fb at) I Cnt I e A. I A 1 1 1 -oo j�,.2 3 4 6 2 FOR PARCEL NO. . -9 1.2A(c)ru 7 SEE SEC.NO.110 ev -08-034 1.1 A(c) MA(c) a3.1 1.9A(c) TUTHILL REX (501) 20 4 1.5A(c) 2.04tc) 12 2 3.IA(C 12 4 ' 2.8A 4.IA(,) Ioo 0s) x.i w r.. U. T 9 16 .......... 24 25= 14Al 01 112 10 34.2 16 49 4 At', 4 1 2 A(C,)w 8 3 14.1 4111(.) N, CUTCHOGUE HARGOR, 31 21 28 .V. ^1.4A( I 44 r -44 2, 25 26 )fOU LA-I �'l I -�IARL15'5 47 -,ClOO 46.3- kc501 6.4 I.6A 34 '3 2 41 36 37-38 39 t,O*l 1. ORCHARD 2 3.�Atci .13 23:ZZ4.' 27 14 10 -o 9 32 '2 4C k5ol 0 2 SEE 9 o NEVIF t9 RD. 0 . -7 -51 DIVt).L KING, 16 '"2 3 L2Atc -fOwN NEW OF 28 2 84 SuFFOLK XJI 19.2 1,.. lAt I I SCHOOL 22 27 DISr.IS,r.IST. 21 CI %3 1.4M � z a 501 ST. 1- r q?,6 :16.5 OF 26 TOWN MAIN .30 .1 SOUTHOLD 3 lb 5 LAND AVE. .fm I- 17 z :�Zl .249 In 2, 9 s. -d 26 telo a SAW 4t 15? 19 20• a 1 - D; 3 io t 7 OF SOUIViOLD 25 . zo.7. v- of 20 0' 10 it Is A(c) 1.8A(c) 2.OA(c) 'd wr- BAY PECO/vic GREAT NO, 134 UNLESS DRAWN OTNERWI%E. ALL PROPERTIES SEE SEC ARE WITHIN THE FOLLOWING DISTRICTS: A CHANCE. SALE OR SCHOOL. 15 SEWER OISITIRTITION OF PC I lb% 0 -C F:RC_ ?9 HYDRANT SUlIOL- C�Nll I— S -lq.TE- D AT_ .45 'ITT% pf59ON OF T"C WATER... ... GOT 0*P� PARK-. 99 REFUSE . L I ft TY TAI M-CC AGENC.. -------- KEY MAP Legend .64 Fm-Di.1-1 Lim 1341 200 a Di.l-ia Li- RFI-D-icl t -R.-- D-J D--- 62' Light D;Ff-1 Li- III-'No. O U.I.d D---..- 62'. 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