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HomeMy WebLinkAbout3691 M??V~ tQS~~,~JG P<I I 1 P,Lj, /~a/f?.1 ~Jr:;, '1/ of'rc.e;,{, #)(.~-x.d-.yktfv.nv)<=Il~ ~ c4c~ Y--:c-€.-- fi~ ~ t-;-7L a~~ /00/ '~c?(f~ ~- ..1J-~~~,dA--//Z.e.~ ~ rzd~~5~~~v6 ~ ~ C'~~ - / ~Y;l8'S> LAnbA "'-' LPO~~ - /T'1>biiiD05!I9;':P;, ti!3/.vFr 6CTIO/lck. If-of // PH &J..r J07, 'l'/~Jo1 b {JJ/o I~} '1//I"{07 ,); X Southold Town Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Oly: � TELEPHONE (516) 765-1809 .ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3691 Application 'Dated November 6 , 1987 TO: Mr. Hosny -Selim [Appellant (s) ] 671 -Vandam Street North Woodmere-, NY 11581 At a Meeting of the Zoning Board of Appeals held on January 14 , 1988 , . the above appeal was considered, and. the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for .Special Exception under the Zoning Ordinance Article , Section [ X] Request .for Variancesto the Zoning Ordinance Article XI , Section 100- 119 . 2 and Article III , . Section 100-31 [ ] Request for Application of HOSNY SELIM for a Variance to the Zoning Ordi - nance , Article III , Section 100-32 and Article XI , Section 100-119 . 2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Island Sound , at premises known as 855 Sound Avenue , Mattituck , NY ; County Tax Map_ District 1000 , Section 94 , Block 01 , Lot 07 . WHEREAS , a public hearing was held and concluded on Decem- ber 10 , 1987 in the Matter of the Application of HOSNY SELIM under Appl . No . 3681 ; 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 personal.ly 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 a described parcel of land containing a total area of approximately 40 ,000 sq . ft. with 100 . 55 ft . frontage along the north side of Sound View Avenue at Mattituck , and more particularly known and identified on the Suffolk County Tax Maps as District 1000 , Section 94 , Block 1 , Lot 7 . 2 . The subject premises is located in the "A-40 " Residential and Agricultural Zoning District and is improved with a single- family dwelling with setbacks as shown by the October 1 , 1983 survey map prepared by Donack Associates (at 5.5 feet from the existing bulkhead at its closest point) . (CONTINUED ON PAGE TWO ) DATED: January 14 , 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) x Page 2 - Appl . No . 3691 Matter of HOSNY SELIM Decision Rendered January 14 , 1988 3. By this application , the appellant requests a Variance from the Provisions of: (a) Article XI , Section 100-119 . 2 and. (b ) Article III , Section 100-32 for permission to locate inground swimmingpool with decks and fence enclosure in the frontyard area . at more than 100 feet from the front property line along Sound View Avenue . 4 . Article XI , Section 100-.119. 2 , subparagraph A[l ] requires all buildings proposed on - lots adjacent to -.the Lon_g Island Sound to be set back not less than o.ne-_hundre.d (100 ) _feet from the ordinary highwater mark and not less - than one-hundred ( 100 ) feet from the top of .the bluff, or bank. 5 . Article III , Section 100-32 of the Zoning Code requires accessory structures to be located in the rearyard area . For the record , it is noted that -Article III , Section. 100-31 of the Zoning Code permits additions or attachments to a principal dwelling in the frontyard area provided that the frontyard setback is not less than 50 feet (Column A-40 ) . 6 . For the record. it is also noted that a Building Permit under. Appl . No . 15783Z issued March 21 , 1987 is pending at this t i m e. 7 . On-site inspections find as follows : (a ) the existing construction is set back 21 ± feet from the top of bluff and 55± feet from the highwater mark along the Long Island Sound; (b ) the area of the proposed pool construction is in a depression (low area ) of the lot. Along the east side of the depression , the land gently rises and then lowers into a drainageway sloping onto the adjoining easterly lot. 8 . In considering this appeal , the Board also finds and determines that the placement of the inground pool , either as an accessory structure or as an addition to the existing dwelling : (a ) is not unreasonable and will not create_ a substantial. change in the character of the area ; (b ) the circumstances are unique; (c ) the construction as proposed is landward of existing building[s] and would not be detri - mental to the bluff or L . I . Sound area.s ; (d ) there is no other method feasible for appellants to pursue other than a variance ; (e ) the practical difficulties claimed are suffi - cient to warrant the relief , as alternatively granted below ; (f) in view of all the above factors , the .interests of justice will be served by granting an alternative location , in the frontyard area , as noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it. was RESOLVED , to DENY the location as requested of the inground pool with decks and fence enclosure , and .it was further RESOLVED , to GRANT the construction of a 20 ' by 40 ' inground pool with decks and fence enclosure in the Matter Page 3 - Appl . No . 3691 Matter of HOSNY SELIM Decision Rendered January 14 , 1988 of the Application of HOSNY SELIM under Appl . No . 3691 , in the frontyard area PROVIDED THE POOL : - 1 . Be situated in a north-south direction , rather than the requested east-west direction ; 2 . Be located closer to the easterly side property line with a setback at not less than 15 feet from the east line and not less than. 36 feet from the westerly side property line ; That the actual pool construction be not closer than 36 feet to the west property line ; the actual deck and fence construction be not closer than 30 feet to the westerly property line ; . 4. That the proposed construction remain unroofed (as proposed ) ; 5 . Sufficient evergreen screening be placed and maintained on both sides of the proposed construction (with minimum three-ft . . high evergreens , six foot apart , for the full distance ; 6 . That there be no overhead or adverse lighting in the yard areas ; 7 . That house lighting , if any , be shielded to the property . 8. Proper measures to be taken to insure that final eleva- tions and grades will not result in storm-water surface runoff flowing onto adjoining property or off-site . Vote of the Board : Ayes : Messrs. Goehringer , Grigonis , and Sawicki . (Members Doyen and Douglass were absent due to illnesses . ) This resolution was duly adopted . , lk GERARD P . GOEHRINGER, C AIRMAN January 29, 1988 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 , New York , on 'THURSDAY ; DECEMBER 10 ; 1987 at the following times : 7 : 30 p.m . Appl . No. 3566 - THEODOSE TRATAROS and ERAKLIS APODIACOS . Variance to the Zoning_ Ordinance , Article III , Section 100-31 ,. Bulk Schedule , for approval of insufficient lot area of proposed Parcel #1 in this pending set-off division of land located along the south side of the Main Road , and. extending along the- east side of Wiggins Lane , Greenport , NY ; County Tax Map District 1000 , Section 35 , Block 5 , Lot 3 , containing a total area of 3 . 262 acres . 7 : 35 p .m . Appl . No . 3694 - 'THERESA CZECH . Variance to the Zoning Ordinance , Article III , Section 100= 31 , Bulk Schedule , for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane , Southold , NY ; County Tax Map District 1000 , Section 135 , block 2 , Lot 19 . 7 : 40 p .m. Appl . No . 3695 - HENRY J . SMITH & SON . Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to construct truck-storage building in this " C-LSght Industrial " "Zoning District . at premises known as 2740 .Peconic Lane , Peconic , NY ; County Tax Map District 1000 , Section 74 , Block 2 , Lot 19. 1 . 7 : 45 p .m. Appl . No . 3689 —PETER AND DIANE LUHRS . Special Exception to the Zoning Ordinance , Article VII , Section 100-70 (B ) for permission to construct addition for a repair station in conjunction with Special Exception Permit #31.61 rendered October 11 , 1983 , at premises known as 45845 North Road , Southold , NY ; County -Tax Map District 1000 , Section 55 , Block 02 , Lot 17 . Zone District : " B- 1 . " 7 : 50 p .m . Appl . No_ 3691 - HOSNY SELIM. Variance to the Zoning Ordinan.ce , Article III , Section 100- 32 and 3 Page 2 - Notice of ....wrings Southold Town Board of Appeals Regular Meeting - December 10 , 1987 Article XI , Section 100-119 . 2 for permission to locate inground \ swimmingpool with decks and fence enclosure landward of C9 existing dwelling in the front yard and within TOO feet of the Long Island Sound , at premises known as 855 Soundview Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 4 , Block 01 , Lot 07 . 8 :05 p.m . Appl . No . 3696 - RICHARD NASS . Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for per- mission to locate open wooden deck with a setback of less, than 75 feet from existing bulkhead along canal , at premises known as 50 Willow Point Road , Southold , NY ; County Tax Map District 1000 ,- Section 56 , Block 5 , Lot 25 . 8 : 10 p .m. Appl . No. 3676 = ANTHONY ROBUSTELLI . Variances to the Zoning Ordinance , Articles : (a ) III , Section 100- 31 as to insufficient rear yard and side yard , and (b ) XI , Section 100- 119. 2 as to insufficient setback from bulkhead and ordinary highwater mark , and (c ) III , 'Section 100-31 as to excessive lot coverage , for the proposed construction of a deck addition , at premises known as 5 Haywaters Road , Cutchogue , NY ; Lot 23 and part of 22 , Peconic Bay Properties ; County Tax Map District 1000 , Section 111 , Block 1 , Lots 19 and 18. . .i 8 : 15 p.m . Appl . No . 3671 - ANDRE- AN-D THOMAS CYBULSKI . Variance to the Zoning Ordinance , Article III , Section 100-30A for permission to utilize premises for book-publishing operations , wholesale book storage , and updated 280-A approval over the existing private right-of-way for such use . Zone District. "A" Residential and Agricultural . Location .of Property : West Side Depot Lane , Cutchogue , NY; District 1000 , Section 96 , Block 5 , Lot 1 . 2 and ,part of 1 . 1 . 8: 25 p .m. Appl . No . 3543 - '.PETER AND BARBARA HERZ . Variances to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to locate new single- family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and- Hog- Neck Bay , premises known as 70 Cedar Point Drive , Southold , NY ; Cedar Beach Park Map , Part of Lots 152 and 110 , County Tax Map Parcel No . 1000-90-02-13 . 1 . Page 3 - Notice of. Hearings Southold Town Board of Appeals Regular Meeting - December 10 , 1987 8 : 40 p . m. Appl . No . 3561 - DOROTHY L . ROBERTSON . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive , the east side of Private Road and the north side of South View Drive , Orient , NY ; County Tax Map District 1000 , Section 13 , Block 1 , Lot 10 . 8 : 55 pm . Appl . No . 3686 - FREDERICK AND DIANE RAYMES . Variances to the Zoning Ordinance , Articles : ( a ) XI , Section 100- 119. 2 for permission to locate dwelling with a . setback of less than 75 feet from existing bulkhead along Gull Pond Inlet , (b) III , Section 100-31 , for permission to locate dwelling with an .insuffi.cient frontyard setback , at premises known as 704 Wiggins Lane , Greenport , NY ; County Tax Map District 1000 , Section 35 , Block 4 , Lot 19. The Board of .Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion. of .the subject hearing . For more informa- tion , please call 765-.1809. Dated : November 18 , 1987 . BY ORDER OF THt SOUTHOLD TOWN BOARD'- OF {APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary -------------------------- ------------------•------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL De �o � . . . . . . ., 19 ��. . File No. . . . . . . . . . . . Date . . . . . . . . . . . . To . ` . . . . . . . Ce). . . . . . . . . . S.S. . .�...�. ..�. .v . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . .. l9 2 �. . .for perniit to construct . .�?-�. .a�. . . . . . . 43rtx. . . . . . . . . . . . � . . . . . at Location of Property . . .Q?—., ... . . . . . . ... . . . . . House No. 1 L Street Hamlet County Tax Map No. 1000 Section . . . 0."1 . . . . . . Block . . . . ©. . . . . . . . I.ot . . .q1 . . . . . . . Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . ... . . . . . . . . . . . is returned herewith and disapproved on the following grounds . ���.�. � .�. . . . . . . . . . . . .Alt PU . . '. . . . . . . . . . Building Inspector RV 1/80 \ - s� . � oo ter✓ TOWN- OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING IN APPEAL NO. NOV 6 DATE .I�Tov..:.... r.198 .. TO THE ZONING BOARD OF APPEALS, T .WO WNSl1�LD, N. Y. - 1, (We) ...EDS.NY.....SZ, Zip.................................of ..6,71­VANDAM -STREET............................... Name of Appellant Street and Number L..... .:: ..::... ................................ ......N.....11 81.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON AFfRLICATION FOR PERMIT NO. ........... DATED .....Oct. 29, 1987 ......................... .1.98.7..................... WHEREBY THE BUILDING INSPECTOR DENIED TO RO.srw..,S- LIX................................................... Name of Applicant for permit of 855 Soundview Ave Mattituck N.Y. ... . ........................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permit to construct an accessory swimming pool and fence. 1. LOCATION OF THE PROPERTY ..8 ..S.oundview Ave ............................ ........ . ........... ....... ........ Street /Hamlet / Use.. District.. ... on Zoning. . Map District 1000 Section 094B1 ock 01Lot07 Current Owner Hosny S elim Mop No. Lot No. Prior OwnerJoseph&Jacqueline GTIIDO 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ,�) 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 Article III Section 100-32 , Accessory permitted in rear ,yard only. Action required by zoning board of appeals. Article XI Section 119.2, constructing within 100' of bluff.. Variance needed. Form zB1 (Continue on other side) cV REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ; Accessory couldn't be ,c,onstructed in rear yard as it is located between the existing house and the bluff. 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 House is close to the bluff. 3. The Variance would observe the spirit of the Ordinance and WOULD' NOT CHANGE THE CHARACTER OF THE DISTRICT because Front yard is over 176' long. Neither the existing house nor the proposed accessory will be visible from the main road (Soundview Ave ) . STATE OF NEW YORK ) ss ...................... ....................... COUNTY OF ) //�ignature Swornto this ......... ......................... day of.... e- L........................ 19 � .. Notary Public LINDA WEBBER Notary Public,State of New York No 24-4757626 Quallfled In K1�s 3 r, Ccmmisston expires/�'/ i;.a ' BOARD OF HEALTH . -K. . . 3 SETS OF PLANS . . . . . . f.1 �.,p?� „' 'i..?. N FORM RiO. 1 SURVEY . . . . . . . . . .0 TOWN OFSOUTHOLD CHECK • - - - - • • - - BUILDING DEPARTMENT SEPTIC FORM - - - • - • • - • - • - - • TOWN HALL l.LF:�9. Cit s'El NOTIFY T�}`r':,. t.;- ,j�)l.:'�i�c�i.E'� _ ;IOUTHOLD, N.Y. 11971 �...r...u .,,..._... TEL.: 765-1802 CALL . . . . . . . . . . . . . . . . � . n MAIL T0 : Examined �. . .a:�, ., 19 U Approved 101' . Permit No. Q' r Disapproveda/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * - 0. . (Building Inspector) . APPLICATION FOR BUILDING PERMIT Date . . . . . ?. . . . . . . . . ., 19�. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted 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 issued 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, bui i code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary in t ns. `(Sid at of applica)n.,t, or riame, if a corporation) (Mailing address 6f applicant) State whether applicant is_owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . . . ��. . . . ,L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . / . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) ALL CONTRACTOR' S MUST BE SU]�FOI.K COUNTY LICRNSED Builder's License No. . 1./.�Ci.�.a. . . . . . . . . . . Plumber's License No. ..... . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . Other Trade's License No.. . ... . . . . . . . . . . . . . . . . . . =�� :� Sa 1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��n r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !KI.�. . � ����✓�. . . . . . . . . House Number, . Street Hamlet County Tax Map Not: 1000 Section . . . . . . .7.1 . . . . . . . Block . . . . . . . . . . . . . . . . . Lot . . . .�. . . . . . . . . . . . . . Subdivision . . : . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . ?`' � ,•� : �.-�,,�.<�� . .` .,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupy -�. i4. . . . . . . .a. . . ..�. . . . . . . . . . . . . . . . . . . . . . . . . . . 3V.Ir ork (check which applicable): New Building . . . . .*. . . . . Addition . . .J` . . . . . Alteration . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . a (Description) 4. Estimated Cost . . . . .. :}. .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) S. If dwelling, number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . .. . Ifgarage, 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 . . . . . . . . . . . . . . . Rear Depth Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front Rear . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . Depth. Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . Name of Former Owner 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . .. . . . . . . . . . . . . . . Phone No.. . . . . . . . . . . . . . . . . . . . . . 15. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No . . . . . *If yes, Southold Town 'Trustees Permit may be required. 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. i ll� STATE OF NEW YORK, S.S -OUNTY OF . . . . . . . . . . . . . . . . . • • . • • • • • • . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract)' _ ibove named. 3eisthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . (Contractor, agent, corporate officer, etc.) )f 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 vork will be performed in the manner set forth in the application filed therewith. ;worn to before me this � ". . . . . . . . . . . . . . . . . . '9 19 f lotary Public, . . .� . . !!. : . .�!!.c� l/ . . County LI K ol: of (Signature ature of applicant) flv Pi18ifC,mite of l�erl York Um PP tb.4707878,Suffolk County Y�Expires Mao 30,19..�.� TOWN OF SOU7H®L® PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. rSUB, LOT �"`�CJ`� � ( r•l-+-t ,� c-fir .,�'` � �i .-/?: c.. �: : �� - .- FORMER dWNER N /4 9 6 E ACR. u ir -i . �, ::,� S'. sifli S W- TYPE OF BUILDING SEAS. iVL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS : /z L - - l� .W. owfie 4-- No. 7,9411 CL)ieC0; AGE BUILDING CONDITION NE NORMAL BELOW ABOVE FA RM Acre Value Per Value Acre 3 0�1 7 6^S 3 Z G{Q C/G CtC1F.l,4-o Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER p p,D (, a Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD TotoI DOCK ■MEMO■■ ■■■■■■■■■■■■■■■■■■ f ■MOM O■ ■■■MOO■■ Y f , � 'y�� * ♦ � .: N■■■O■MEMO■N■■■■■M■■M■MMOO mom �°�� � • _ , ■O■Mv _ _OMB■ONO■MNOOMOM■ M ENE man 02 ZINUN MENEM EMEMEMEMEMEN ME Rooms 2nd Floor Breez • ••- Patio i moll N Gp p. , 01) (, 00 MAP OF N.6e°41 DESCRIBED PROPERTY AT MATT/TUCK TOWN OF SOUTHOLD Z SUFFOLK CO,N.Y. - Epp w� 0 lea, 6r;fEP� a Z } \ + z o Qis m .. ---_-_,___ A r m S66% ?�\ t N m Z ` - D � P 100 ?y. S 0 U N CERT/F/E0 70 \ y THE TITLE GUARANTEE CO o°! T 1283-3165 ✓OESPH K! 6 Ix B ✓A(JUEL/NE M. ; nc donack ass®ciates 3B6 land surveyors and y�BJ2 tt-. O NEVI, consulting engineers n y ova W.opN90� 313 west main street n n p * riverhead,new york 11901 nl °Fy 263 ��o (516) 369-1717 (212) 746-3020 '°. 49 AREA: 38,944 SF0 CAN o s Oct. I ,1983 Job NQ 83-.337 0 1000-094-01-07 Scale-. I° =40' TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF :. THURSDAY, DECEMBER 10, 1987 APpl. No. 3691• Applicant (s) HOSNY SELIM Location of Property: 855 Soundview Avenue, Mattituck County Tax Map ID No. 10 0 0- .9 4.- 1 - 7 Board Members Present were: Chairman Goehringer P. Goehringer., Members: Grigonis, 'Douglass, 'Doyen -and Sawicki. Absent was: (None) IAlso present were: Victor Lessard (Building Dept..) Linda Kowalski, Z .B.A. Secretary and approximately persons in the audience. The Chairman opened the• hearing at 8 :02 o'clock p.m.. 'and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a. copy of a survey produced by Donack Associates, the most recent date is October 1, 1983 with a penned in area to "the rear of the house which is basically the frontyard of the house with a .swimming pool approximately 20 by 40 with a fence surrounding the pool and it ..appears to. be. attached to the house. ''And I have a copy of the Suffolk County Tax Map indicating' this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? MR. SELIM: CHAIRMAN GOEHRINGER: Are you the applicant sir? MR. SELIM: We're proposing putting berm on the eastern side of. the property for the storm water rain off flow. CHAIRMAN GOEHRINGER: Are you. the applicant?' MR. SELIM: Yes. CHAIRMAN GOEHRINGER: Just a couple of questions regarding the swim- ming pool itself. Are you ever intending to enclose the swimming pool in any way with a roof? - MR. SELIM: Just with a fence. CHAIRMAN GOEHRINGER:' The swimming pool is about how far from the front property line? 125 feet? Or is that to the house? .= Pa+ge 2 - December 10, 17 PUBLIC HEARING - Hosny =_1im Southold Town Board of Appeals MR. SELIM: It' s 125 feet from. the fence .to .the front of the property.. CHAIRMAN GOEHRINGER: _. Now will there ,be. a deck around :the swimming . pool? MR. SELIM: Yes. CHAIRMAN GOEHRINGER: How large is the .deck approximately? Will it be that little area in there? MR. SELIM: It would be five foot from each side here, ten from here and there is trees and house. ... And. here also is measurements of the sort of minimum distances to the bluff from the corner. 95 foot here and 83. CHAIRMAN GOEHRINGER: I just didn't understand that on the deck it's going to be ten feet on these two sides. MR. SELIM: It's about five feet here and here and ten on that side. CHAIRMAN GOEHRINGER: And ten here. What about over here? MR. SELIM: That would be the area between here and the house and this is to that corner:� of the house. CHAIRMAN GOEHRINGER:- So you're going to make that all deck? MR. SELIM: No. It would be landscaping here and we would have a fence here. CHAIRMAN GOEHRINGER: I thank you. We'll see what else develops. Did you want to look at this plan sir? Would you just state your name for the record. MR. ROSSINI: I 'm the adjacent property owner on the west side. I believe I have a similiar sketch. I can proceed Mr. Chairman. I have two basic objections to the proposals.. One of them is based on engineering grounds. I'm going to address it based upon my capacity as a' licensed professional engineer in the State of New York. We have a condition that has been created in this area which is going to create a number of problems with these two lots. First, let me explain that my property and the applicant's property are approxi- mately 96 feet above the beach and the cliff line that we have that is common to both of us, is on the brink of being extremely unstable. I 've been watching the flow of water. I 've been watching the flow of soil. We have, ,my property is back from the cliff edge about'.30 or 40 feet. CHAIRMAN GOEHRINGER: From your house? Page 3 ;.December 101 1987 PUBLIC HEARING Hosny ;lim Southold Town".Board of mppeals j - MR. ROSSINI:- The deck is .about .30 or 40 feet and the- structural part of the house is back- about another 15 or- 18 feet. And I've watched this. cliff eroding for roughly a yard ,or yard and a half since I've .been there -for the past two ,years. Mr. Hosny's property next door, the cliff (over the years) started to descend so that the house that he originally had when he moved in was on the down slope side of. the hill. And much of this house that hehad was on the down slope: It was over the edge' of the bluff. Now, the other ,factors to 'be considered are as follows: I had, a concrete wall which separates the two properties and this concrete wall is in the nature of a retaining wall.. It's helping to hold this whole -thing together. He is proposing to build this pool approximately 28 feet from my house. I'm sorry, 38-:-feet...._=-Approximatley 20 feet from my property line which would be the concrete wall. So we have this massive piece of concrete which is really on the high point of the cliff. His pool is going to be very much at the high point. Further to the north:,:;_as_youu--start going downhill, you--have the house. Now, my house is a massive .piece of concrete. My wall is another massive piece ' of concrete. There.'.s a house with a newly poured foundation is .an entirely rebuilt house on this downhill side of the bluff and now he has this pool structure. Another: emmense massive. piece of concrete all in this clustered..area. Al- though we have two acres between us, all of these structures are in one very very small and constricted space. Once this pool is built, in my opinion having seen-. the flow of water, the flow of land, ..that this pool is going.. to float., There - is not going to be enough drainage in the area. The water from his land is going to head toward the cliff and it's going to erode the cliff -and it's going to weaken the support on my side. Ok. It!s heavily wooded. The only house that doesn't have wood is directly to the west and he does---have a lot of trees in his yard. He does have grass in his yard but he does have a lot of trees-. And certainly- for the time being until other houses may come in, it was our intention to leave the property as much natural as possible. It.'s my in- tent that that should be a quiet, either retirement home or quiet recreational use home and a wooded lot is certainly more advanta- gous than wide open spaces. And it was our intent to leave 'i:t as wooded as possible. The only displace being for actual construc- tion. I'm concerned for that and T think it's a great idea. What happens when it 's sold to someone else who doesn't think it's such. a good idea and decides to take the trees down and have pure grass or wants . to put in a tennis court or something? Does the Board have the authority to specify in its variance that a certain amount be left natural and that would carry over into any future purchases -of the land? CHAIRMAN GOEHRINGER: Very interesting question Mr. Dalton. What we have done in at least the past L.wi ould say maybe two meetings ago, was proper screening. We had not specifically dealt with the. issue of proper ground cover. But we have however, dealt with. the issue of proper water runoff which would of course lead back. Page .4 December .101. PUBLIC HEARING - Hosny Selim 'Southold Town Board. of Appeals MR. RO.SSINI My experience. as an engineer. since 1956.. The condition of so called hardship was one that was created by the . applicant himself.. Pursuant to an application filed. by him, , not the original -application. I'm talking .about a prior ,application. His prior application asked the town to iapprove an extension of 20 .feet on the south side of his house. What happened with this extension is I observed it personally, was that the house was jacked up; an entire new foundation was built underneath. This included the foundation which was common to the 20 foot extension and the existing house. Instead of putting the old house back down on the foundation, the house was carried away and an entirely new structure was built. Right now, to me, this pattern of be havior indicates .a desire and .an attempt to deceive the Board and the Building Department. He. has created a condition which makes it logical or appears to make it logical to create this pool .where he:;.says he .would like to put it. But if he had .observed the rules in the first . place, . the house would have been back from the bluff the required 100 feet and - he- could have provided for his pool on the north side or in his backyard. So he ' s created' a condition whereby he doesn't have a backyard and he' s created in a manner that I consider to be of his..own making and in a manner of- which I 'm suggesting in violation of -proper principals, proper considera- tion and it' s deceptive. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would, like to. speak against this application? MR.. SELIM: What. T have to say is comments .really. The first com- ment about the erosion of the bluff isn't that. My house has been there for over 30 years .and there hasn't been any erosion in the area. I- watch my neighbor speaking about erosion on their side of bluff., -I think- it.'s because .they don't have any bulkheading down near the beach. In front of. my -property there is. bulkheading and I haven't seen any erosion. L've. been therefor over 3 years now. He has moved there only last summer and I don't think he' s had the time to watch and see what is happening. in the area there. The proposed pool is 24 foot from his property line which I don't- think is illegal. There is a. minimum. distance. The concrete wall he is speaking about is a wall which holds a driveway, a concrete drive- way which runs all- the way from the street down to the house. So I don't think that will .have any sort of implication on the actual mechanical structure of his property or- his -house* rhis -house. And as ' far as. the house, my alterations which were. made on my house, I had an ex- tension riot of 20 foot but only 82 foot to the south side. The house was jacked apd a new foundation was poured and that was done by prior permits from the town and the health inspector came on several occasions and the final approval and inspection was done and cleared._ Thank you.--_ - . - CHAIRMAN GOEHRINGER: Not to get counter-productive here but do you have anything to say in rebuttal sir? Do you have any recom- mendations you would like to make concerning this thing? ` Phge 5 - December. 101 17 PUBLIC HEARING - Hosny ---lim Sout}iold Town Board of Appeals MR. ROS.SINI: The position of', the requested position of the pool -is not structural consistent and I don't want it there and I don't want it there and I don 't think it's erosion. As . far as mov- ing it farther toward Soundview Avenue, I think it will clearly change the general overall appearance of Soundview Avenue. Nobody has that kind ofstructure on Soundview Avenue. There are a lot of very very old houses. I would. . . You could solve the engineer- ing problem. by moving the pool farther south but now you're creating a motel type of appearance. It would make it visible to Soundview Avenue and I don't think the neighborhood really deserves this. CHAIRMAN GOEHRINGER: I just want to ask you a .question. What would be the difference between a swimming ,pool and a tennis court? I'm aware of the weight differences. But I 'm saying to you in reference . to the aesthetic overall pleasing view of what you're referring to and the closeness to the proximity of Soundview Avenue. MR. 'ROSSINI: Well I would personally, find a tennis court more ap- pealling than a pool from an aesthetic point of view. From the point of view of drainage, of course, a tennis court will accept drainage. A swimming pool would not. If you don't get drainage, the pool is simply going to float. It' s going to come-up out of the ground. I also forgot to mention that my cesspool is 20 feet from my property line in .that area.. So when you combine the cesspool, all 'of this conrete, the interference with drainage is going to be such that this is simply not going to work. It's simply not going to work. CHAIRMAN GOEHRINGER: What I was really alluding to (Mr. Rossini) was the fact that a tennis court requires a ten foot fence where a swimming pool requires a four foot fence. I think with proper aes- thetic greenery, that you can hide a swimming pool a heck of a lot easier than you could hide a tennis court. And although. I 'm not suggesting the man build a tennis court, I 'm only trying to say that I think that with the proper bushes and so on and so .forth, that would be required landscaping in question here, I think that possibly it could be fairly well hidden so that not as to cause a disruption to you and your family. MR. ROSSINI: My wife has asked that I point out our bedroom is on the second story facing the pool. My objection is from the point of drainage and from the point of view of what it's going to do to that land and what it's going to do to his house because his house is more vulnerable than.'mine. I reject his comments concerning the bulkheading and how long it 's been there as absolutely incor- rect. What I'm doing with the cliff is something that perhaps he. doesn't .understoodrLbut I do understand what he's doing on his property. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comments, I make a motion closing the hearing, reserving decision until later. All in favor - AYE. BY ��l�l��1�✓/�r�' ' �J�y�7' V� / n ` COUNTY OF SUFFOLK V�� PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING 0. /L �7 February 9, 198�( 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) Hosny Selim 3691 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (516)360-5192 22-LH-1:12/87cs 141 �r Southold Town Board of.A eats �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 Pursuant to A_rticle , 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 XI'. , Section 100-119..2 . and Article III, Section 100-31 . Variance from. Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3691 Applicant : Mr,. Hosny Selim ' Location of Affected Land : 855 Sound Ave. , Mattituck, NY County Tax Map Item No . :- 1000-94-1-7 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 locate inground swimming- pool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of Long Island Sound Copies of Town file and related documents enclosed for your rt?view. Dated : February 4, 1988 Southold Town , B6.ard 'of A , eats ®1 �� MAIN," ROAD - STATE ROAD 25 SOUTH❑LD, L.I., N.Y. 11971 TELEPHONE(516) 765-1809 APPEALS:BOARD - MEMBERS GERARD P. GOEHRINGER; CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. January 2 9 , " 1 988 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr . Hosny. Selim 671 Vandam Street North Woodmere-, NY 11581 Re : Appl . No . 3691 . - ' Variances Dear Mr. Selim: 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 ..Building Department for issuance of any permits or other approvals in •writing as may be applicable . Please do not hesitate -to call either our office (765-1809) or " that" of .the Building Inspector. (765-1802 ) if you have any. questions . Yours very truly, . GERARD P . GOEHRINGER CHAIRMAN Enclosure Copy of .Decision to : Building Department By Li"nda Kowalski Suffolk County Planning Commission Dino 'Rossini , Esq . Ronald Stritzler , M. D. -1-4q1IqrAD 51 Stirrup Lane, Roslyn Heights,N.Y. 11577. December 7, 1987 Gerard P.Goehringer, Chairman, Southold Town Board of Appeals, Main Road,S.R.25, Southold,N.Y. 11971 Dew Mr.Goehringer, Mr.Hosny Salim,of 855 Soundview Avenue,Mattituck,County Map Districk 1000, Section 94,Block 01,Lot 07, has applied for a Variance to the Zoning Ordinance in order to construct an Inground swimming pool with decks and fence enclosure in his front yard. His Appeal No.3691 has been scheduled for Thursday,December 10, 1987 at 7.50 P.M. 1,Ronald Stritizler,am the property ovner immediately east of Mr.Salim. In assessing the report to you by Suffolk County Senior Technician for Soil and Vater Conservation, Mr.Thomas J.McMahon, I make note of and am concerned about the potential problem of runoff adversely affecting my property. Mr.McMahon specifically states that "the final swimming pool elevation and possible filling and grading of the site could cause storm water surface runoff to flow into the draftmgevay and offsite." He further advises that "measures should be taken to insure that final elevations and grades vill not result in storm water surface runoff floving onto adjoining property." Therefore,in light of Mr McMahon's report to you, I hold the Southold Tovn Board of Appeals responsible for guaranteeing that this potential problem of runoff gill not occur. If the Board cannot offer such a guarantee, I request that Mr.Salim's Appeal for a Variance not be granted.Further, I request that the Variance,if indeed it is to be granted,be v/itheld until an independent Soil and dater Conservation evaluation can be made on my behalf. Sincerely, Ronald Stritzler,M.D. -�P COUNTY OF SUFFOLK MICHAEL L&GRANDE, SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A.PAUZER Pp DISTRICT MANAGER A ,r. �- ��o November 30, 1987 I - Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: In reference to your request for our assessment of ,Appeal 'No. 3691 'Hosny .Selim (Variances), please be advised that a site inspection was conducted on Novem- ber 23, 1987. The proposed construction site of the inground swimming pool, decks, etc. is within a depression or low area of the lot. Along the east side of the depress- ion the land gently rises and then lowers into a drainageway which slopes onto the adjoining lot to the east. The site is landward of the existing dwelling; consequently, there should be no detrimental effects to the bluff. However, the final swimming pool elevation and possible filling and grading of the site could cause storm water surface runoff to flow into the drainageway and offsite. Measures should be taken to insure that final elevations and grades will not result in storm water surface runoff flowing onto adjoining property. , Upon request this office could review construction plans regarding this potential problem. If you require any additional information, please contact our office. Sincerely, Thomas J. McMahon, ,Senior District Technician n� c La I 12-P ? Pewrde Piaza >u� td:c lZ�z � ✓•• �i� 164®id County Road, Rout®58 (� Riverhead,Now York 11901 P m-*516.727-2.915 DINO ROSSINI ATTORNEY AT LAW 151 HEMPSTEAD TURNPIKE,WEST HEMPSTEAD, NY 11552 516 485-4452 November 13, 1987 Zon.in.g_= Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Selim application for variance Dear Boardmember: I am an adjacent property owner and respectfully object to the ; granting of subject application. My reasons are-_-as follows: 1. Location selected for swimming pool is not appropriate. Applicant has one acre ,of property with a 100ft frontage and has selected a site (from .his ppol edge) 20ft from my property and 38ft from my house. 2. Pool is too large for this narrow strip of property. Note that 'the proposed 36 ' x 40 ' pool is approximately the same size as the house. 3 . Pool orientation is not consistent with reasonable esthetic practice. Since it is located on a belt of land running . North/South the longer pool dimension should run North/South. 4. Proper pool location is behing or North of the owners house. The owner himself has created his difficulty in this regard by recently completely rebuilding his house at its original location at the edge of the cliff in violation of chapter 100-119 .2 A-1. If the board by its indulgence grants this application, a resonable condition is that the pool location be moved 100ft further South and its long side orientation be North/South. Naturally it should be centered in the East/West direction. Very Truly Yours: Dino Rossini Esq. ,P.E. for Dino and Lynn Rossini ss 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. November 16 , 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr . Stanley A. Pauzer , District Manager Suffolk County Soil and Water Conservation District Peconic Plaza - Route 58 164 Old Country Road Riverhead , NY 11901 Re : Appeal No . 3691 - Hosny Selim (Variances ) Dear Mr . Pauzer: We presently have an application pending in which the property owner proposes to locate an inground swimmingpool with decks and fence enclosure landward of the existing construction and as shown on -the enclosed sketched survey.. The premises is located along the north side of Soundview Avenue , with frontage along the Long Island Sound , Mattituck . May we ask your assessment of .this project prior to our scheduling this matter for a . public hearing? Enclosed for' your file are copies of the proposed survey or sketch , County Tax Map showing the immediate area , and any other relevant information . Please don ' t hesitate to call if additional information is necessary . Thank you for your time and assistance . Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN Enclosures I 0NG O ', 4. s 0 00 E as MAP OF 0 3o C��E. N-68 4793 �� �_ DESCRIBED PROPERTY A r MAT rI TUCK . .:- TOWN OF SOUMOLD Z; SUFFOLK CO,N.Y. i o V� g 0 Z JO/ e e m o fcrs Z ram'seppi.' D 4 / T N � FR. e.7 � Ej5 1 m ti, f' \ ♦ T `� p) Iko 2° 'a v 0 SP �1 7. - � a m Gl � n Z O , FOP too- � oSi'0o'�- � P i0�•56 �,5 61 V 1 1, O so V CERT/FiEO W TITLE 6UAR,4NTEE W. o T I293-3/85 ✓OESpV W. GU/M B 14WEUIVe 9 UX; donack associates R; land surveyors and <P`Q°F "Fw Yoe. consulting engineers ' � Co °SOW•opN9p� 313 west main street n n * � A * riverhead,new york 11901 I.��ys �o g9263 � (516) 369-1717 (212) 746-3020 ARE,4 38,944' FpW"pSJ� Oct. I ,1983 Job IVs 83-337 og,�i,-acRES 1000-094-01-07 Scale: I° =40' 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. ROBERT J. DOUGLASS JpsEPH H. sAwlcKl November' 18 , 1987 Mr. Hosny Selim 671 Vandam Street North Woodmere , NY 11581 Re : Appeal No . 3691 - Variances Dear Mr: Selim : This letter will acknowledge receipt of your recent applica- tion . The Members of the Board . of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing . Although the earliest available date for public hearing at this time is on or about December loth, written confirmation will be sent to you within the next couple of weeks . A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L . I . Traveler-Watchman by our office . Please feel free to call if you hav�lany questions . ,I Yours very truly , GERARD P . GOEHRINGER CIJAIRMAN Enclosure y o��L��4• Linda owalskl P . S . We are in the process of obtaining an eval-uation report from the Soil & Water Conservation District of Suffolk County and a copy will be forwarded to you upon receipt . Attached for your perusal is a copy of recent correspondence from an adjoining property owner . L.egalvNofi r � .Cep' STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Christina Contento of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, 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 3 day of December Principal Clerk Sworn to before me this day of _ 1T-U MARY K.DEGNAN NOTARY PUBLIC,State of Neva York Suffolk County No. 'V-0 m Ex Term Februaryry�U? ` �IOTTCE OF HEARINGS w si�*+ *►g pbtil rdth deEks and•'-i+, - fen :10sure landward.of ex- 100-31,.Bulk`' lule, for a�- NOTICE IS.HEREBY GIV isti`_o__'-elling in the front yard proval of the it `cient lot area EN,pursuanbto:Secdon 267 of and within 100`feet of the Long of.two.proposed parcels in this the Town Law and the Code of Island Sound, at premises pending set-off division of land the. Town ,of Southold, the known as 855 Soundview with frontage along the south following hearings:will be held Avenue, Mattituck, NY; Coun- ..side of.North View Drive, the by the .SOUTHOLD TOWN ty.Tax;Map District 1000, Sec- east side of PrivateRoad and the BOARD OF APPEALS'at a tion 94, Block 01, Lot 07, north side of South View Drive, BOAR .:Regular Meeu AP the Southold 8:05 p.m. Appl. No. 3696- Orient, NY; County Tkx Map, Town `Hall, Main Road, RICHARD NASS. Variance to -District 1000,Section 13,Block Southold,NY on THURSDAY, the Zoning Ordinance, Article i Lot 10. XI, Section 100-119.2 for per- '8:55, p.m. Appl No. 3686- DECEMBER 10, 1987 at the p 'FREDERICK AND:DIANE following times: mission to locate open wooden 7 30 m. Appl. No.`3W- deck with a setback of less than S'Variances to the Zon- p ing Ordinance,Articles:(a)XI, TH ODOSE TRATAROS ' 75 feet.from existing bulkhead E Section 100419.2 forpermission AND ERAKLISAPODIACOS. along canal,at premises'known Variance. to. the .Zoning Or- as 50 -Willow Point Road, to�liicate'dwelling with asetback dinance, Article III, Section Southold,'NY County Tax Map of less than feet from existing 100-31, Bulk Schedule, for ap- District 1000,Section 56,Block bulkheadAlong Gull Pond Inlet, proval of insufficient lot area of 5, Lot 25. (b)III,Section 100-31,.for.per- proposed Parcel'No. 1 in this 8:10 p.m. Appl. No. 3676-AN- mission:to locate dwelling with pending set-off division of land THONY ROBUSTELLI. an insufficient'-frontyard set- located.along the.south side of Variances to the Zoning Or- back,at premises known as 704 .the Main Road, and,extending dinance,Articles:W III,Section Wiggins Lane, Greenport, NY; along-,the east side of iggins. 100-31 as to insufficient rear County Tax Map District 1000, Lane, Greenport, NY,'_County yard and side yard, and(b)XI,. Section 35, Block 4, Lot 19. Tkx Map`Distrtcr`I000,Section Section•10.0-119.2 as.to insuffi- The Board of Appeals will :35,Block S,.Lot.3,containing a cient _setback from bulkhead atear at said time and.place all total area of 3.262 acres. .and-ordinary highwater mark, persons or representatives desir- 7 35 .p.m. Appl. No:.3694- and:(c):111,Section•100-31 as to ing to be.heard in each of.the THERESA CZECH. Variance excessive'lot coverage, for the above matters.Each:hearing will to the Zoning. rdinance, Arti-'. . proposed construction of a deck not start a the time allot-. cle III, Section 100-31, Bulk addition,at.premises known as ;ed. Written-comments may be Schedule_:'for:'approval of the 5 Haywaters Road,Cutchogue, submitied;prior 'to the conclu- construction of.open deck with NY; Lot 23 and part of 22, sion of thesubject hearing.'For an insufficient rearyard s4back Peconic-Bay Properties;-Coun- more infbimation;.please call from the.east property line at ty Tax Map'District 1000, Sec- 7654809. premises known as. 150 Goldin tion 111,Block 1,'Lots.19.and 18. Dated: No 18, 1987 8:15 .p.m. Appl. No. 3671- BY ORDER OF THE Lane, `Southold, NY;. .County SOUTHOLD TOWN ian.iriap viSCiGcQlw,ucCiivii. ANDRE AND ..THOMAS 74K. Block'2, Lot=19 CYBULSKI. Variance .to the BOARD.OF,APPEALS 7:40 p.ni: App1. No: 3695- 'Zoning Ordinance,Article III, GERARD P.GOEHRINGER,. Section 100-30A for •ermission CHAIRMAN .HENRY J."SMITH * SON. i 1? Linda Kowalski, Special`Exception to the Zoning to .utilize premises for book- Ordinance,'Article VIII,Section publishing operations,wholesale Board Secretary 100$0(B)6 permissiogto con- book storage- and `updated IT12/3/87(15) struci truce storage building.in ; 280-A approval.over the;existing> this"C Light Industrial"Zon private right=of:way' for such ing,Distiict at premises.known use.Zone District:"A"Residen- as 2746Peconic Lane,-Peconic, tial and Agricultural. Location NY;.County-Tax Map-District of.Property: West Side Depot 1000, Section 74, Block 2, Lot Lane, Cutchogue, NY; District . 1000, Section 96, Block 5. Lot `19.1: ._. 1.2. and part of 1:1.- 7:45 ,pain.'Appl.'No.-3689- PETER AND DIANE WEIRS. 8:25 p.m. Appl.-No. 3543- Special Exception to-the Zoning PETER AND BARBARA Ordinance;Artici$VII;Section. HERZ.Variances to the Zoning 100-70(B)for..pertiission to con- Ordinance, Article XI, Section, struct addition fora repair sta- 100-119.2 for permission to tion in conjunction with Special locate new single=family dwell- Exception Permit No. 3161 -'ing with insufficient.setbacks rendered October 11, 1983, at from existing bulkhead and. premises known as 45845 North from highwater areas along Road, Southold,NY; County Midway .Inlet and Hog Neck Tax Map District'1000,•Section Bay, premises 'known as 70 55, Block 02, Lot 17. Zone Cedar Poirit:Drive, Southold, trict: NY; Cedar Beach Park Map, 7:50 p.m. Appl No. 3691- Part of Lots 152 and 110,Coun- ,HOSNY SELIM. Variance to ty Tax Map Parcel No. the Zoning Ordinance, Article 1000-90-02-13.1. II1, Section 100-32 and Article 8:40 p.m. Appl. No. 3561- XI, Section .100-119.2 for per-" DOROTHY L. ROBERTSON. O mission'to locate inground Variances to the Zoning r dinance, Article III, Section a COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . r. . . . . weeks successively, commencing on the . . . . . . . 3. . . . . . . . . . . . . day of J 19 . 7N. . . . . . . . . . . . ..77777777_:__� .L"'A�_ Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of . . . . . . , 19 . J� . . . . . . . . . . . . . . . . .41�; . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 19 �o��FFo��oG L Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD December 10, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. , SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination .bf Non-Significance APPEAL NO. : 3691 PROJECT NAME: HGSNY SELIM 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:For proposed inground pool with decks and fence enclosure within 100 ft. of Long Island Sound and landward of existing dwelling in front yard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as:1000-94-1-7 855 Soundview Ave:-, -Mattituck, NY - 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 a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA. (3) Construction proposed is landward of existing structures 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 �oC. F f Town Hall, 53095 Main Road u e� w '` � P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TORN CLERK (SI6)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 6, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3691 application of Hoshy Selim for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. � �Ts . �Ih ® Ross in I 410 C' IarKs Blvd . 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 ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of a Petition/ is located adjacent to your property and is des- cribed as follows: /� T4 M ra ,/1/�. l on0 �zc. 'oiq (7�(-4, .CC n Z®t /1:1 3. That the pr`o'perty which is the subject of such Petition is located in the following zoning district: "I P1���n. .1�L ,21 4. That, by such Petition, the undersigned will request the following relief: PC C-1 A S61 In 4CCC3!5,gr/��r, i ryi ,'r► n 0—,St 444,1 hvrelM r(k P &_C14 -/ 5. That the provis ons of the Southold. Town Zoning Code applicable to the relief sought by the under- signed are Article s" � Section J06—32 [ ] 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) 7t;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 or your representative have the right to appear and be heard at such hearing. Dated: !A/g Petitioner Owners ' Names : Post Office Address 17 L�,, -1 r,w, STT . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS i STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Se 3 tim residing at yaG ' l &4' S r_ 10 being duly sworn, deposes and says that on the day Of ,Q��'I/el,10 19 22 deponent mailed a-truecopy 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 r II of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at that said Notices were mailed to each of said persons by (certified) (regis red) mail. Sworn to before me this 3,1W day of A)D ✓Cm E72 , 19 Notary Public LINDA WEBBER Notary Public,State of New York No 24-4757526 6luall8ed In Kings t 0M* C'OMMIWlw►'ExPIM�1�y 3� 10-- (This side does not have' to be completed on form transmitted to adjoining property owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: A00ald s �rl�zl�r 51 S rrin� �avle R©S 13m /XeOli fs )1577 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 ( ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of thn Petition is ocatted adjacent to your property and is des- cribed as follows: �F, �' rsrA Yn�� (Ls�f +`e Ate'H) (1w r y 3. That the property which is the subject of such Petition is I Gated in thefo lowing zoning district: �iaq 4.. That by such Petition, the undersigned will request the following relief: 00 h c 6ire b� (Z( C P!$5 ri}nn' 0 Gi�i!' k„vvt% J_ - I /� 1 -1 cc I�jn t.P n;•4 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I—PL111C., Section 2- Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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: ' Petitioner Owners ' Names : lleo ,0 Post Offi a Add ess � ins^-ate K•i:a: F�"t'..ILf ty+ it JII Y-: 1� d PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 698 953 3119 RECEIPTOR FANGE COVERAGE PROVIDED MAIL MO NOT FOR INTERNATIONAL MAIL (See Reverse) I Sent t I �f I street and No. I p.0. State ands Code Postage 2v I certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing 7 to whom and Date Delivered u7 G Return Receipt showing to whom, Date,and Address of Delivery 5 d TOTAL Po �s �{ p p Date, I [F E 1987 U_ NSF - ----------- --- n. STATE OF NEW YORK ) ss.: . COUNTY OFSUFFOLK) b t� Q ° INS residing at _ ---ate— -that being duly sworn, deposes and says that on thrJ day of Gt/-V6--vu4tde f , 19 �, 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 `�W6E/ 5/-720-41 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of �dvc-7m gr , 19 S_ C4��4 _/Z� Notary Public LINDA WEBBER tiptoY Publ18,State of New York No g"767526 glfied in KinP COWAY g g owlllliti 7n 4y 3l ...- (This side does not have' to be completed on form transmitted to adjoining property owners.._ ) SIIORT ENVII1011M . ITAL A' ';I4l:1!'f l�til4 I11STRUCTIO1+St (4) .'.In order to answor the quosr.iona in this .nhort. EA1 is is.noau,rl)d that .the tpproparcr will use currontly available infor,nztion concozniny, tho rrojoct find the . 'likely impacts Of the aetion•� It is�not .expected that udditio,inl. sturlioc., .rocenrcl or. other .invostigations:will be undortalcon. (b) ' If any question has boon anowornd Y,!a tho pro ject r:ny bo �nigni£ici,nt "and ecrp10tad' Environmental Assessment Form is neceasar1. (c) "If all .questions havo boon answered No it is likely Lint, th' project ct is not significant• p (d)' E.hvironmentnl A:,nnnsment ; 1 1. Will, project rosult.1n 'a large 1,1ry ,1cu1 clu,nko ' � • to the project site or physically filter more V-an 10 acres of land? •. • 1f 110 2. Will 'thoro be a major chnngo to any unique or unusual land form found on the sitct 7 • fu:, tto . Will FroJect alter •or have a 1fir1;u uffuct on an oxiuting body OS wator? • ,• fc:, / t,0 N 4. Wi11 project have a potontially lar,�u impact. on . groundwater quallt/? tu:; %t1c. 11 5. Wi11 project ai ificantl offoct.dra Ina go i'lcra • "�`- ,,. c4 tl%' on ad.jnccnt aitos? . . . . t +'k 1Io c, r _. . 6• Will project affoct nny titi•ontunod or endun;tero.l -plant or,anL•nal species'? 7e , Ito rn '7• Will pro oct result to itcru jor udvor:u, oI'fuct on r / air qualty? o 8• . Will project havo 'a major offoct c.n visual char•- =; a actor of the co Tunity or acc'nlc views or vinta,; J <� lcno,m to be errant" to the cor.. (init 7 . 9. Will projoct advorooly impact. atzy situ oz- atruct.- uro of- historic, pro-historic, or pnlooncological. importance or any site designated n;: n critical onviroamental area by .A local agency? Yo:, � tlo 10. Will project have a major- offoct on oxiuting or- Suture rocrcatianal opportt,nitiva'1 • - Yes �11. Will projoct.rosult' in rtizjor traffic prohlemn or. cause -a major offect -to existing gran:)hortation Syptcros? • • • • • • -• . • •. •. • f ti0 _. 12. Will project rogularly causo ob,Iertion:ible noi:;c, glaro,, vibration, or electrical -clisturt,•• anco as a result of. the pro ject's operas ioa? / 1l0 -17`� ' 1.30 Will project have any impact on' publ.ic health or li.. _ Will•.projoct c,ffoct the uxisti),I; c'ommunit/ t;7. directly caz,tling a Grot,th !n perm.lr :fit Iu:Incln-.. Lion cl' more than j liorcent o:,(ir a c•nc•-your period or hive n tna�or n(•I;,,ti:a eCfcct .�,u tJ.c: character of thu coc4;11inity :r 'nei;,Ill.wrhrcd'' , `Yc .15. . Ia there public co!)Crovuz•:,• (•,: i}',,: tLu I>, O� :r t'' ►:'U 'rr•l t-::: -�-Z• i�✓ e'er' llATL: 'QUESTIONNAIRE 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 seaward of area under construction? Yes r 7 Are there anv areas which contain wetland grasses ? (Attached -is a list of the wetland grasses oetined dy, Yes No Town Code ; Ch . 97 for your reference . ) 3. A e there existing structures at or below ground 1eve,l , Yes �o such as patios , foundations , etc? 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Ye No 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes No average ground level ? State total : ft . 6. If project is proposed for principal building or structure , .is total height at more than 35 feet above Yes No average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If yes , please submit copy of deed. 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes Vo 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 !o Town Board Yes Vo Town Trustees Yes o County Health Department Yes Cao Village of Greenport Yes - No N . Y-. S . D . E . C . Yes Other Yes o 10 . Is premises pending a sale or conveyance? If yes , please . submit copy of names or purchasers and conditions of ' sale . (from contract) . Yes No 11 . Is new construction proposed in the area of contours at - 5 feet or less as exists? Yes No . 12 '. If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an inspection 'for possible waiver or permit under Yes No the requirements of Ch . 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at thi s time c, 'C,�,,;lU and proposed � ���� �,M '` �i r.,�16� I certify that the above statements are true and are being submitted for reliance by the B and f P,peals in considering my- application . Signature roperty Owner Authorized Agent 3/87 1 k i § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TIIUSTEES — 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 mean low tide are covered by tidal water4 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, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying, within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. I3. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to ft"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 2-25-85 Standard N.Y.B.T.U. Form WM—ZOM —Bargain and Sale Deed,with Covenants against Granin.......—Individual or Corporation. (single sheet) < CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY ti 5D THIS INDENTURE, made the 18th day of June , nineteen hundred and eighty-siX 01 o BETWEEN 42592 JOSEPH W. GUIDO and JACQUELINE M. GUIDO, his wife, both residing at Paradise Point, Southold, New York 1-1971 CEIVED r party of the first part,and 42592 j REAL ESTATE HOSNY SELIM, residing at 671 Vandam Street, �% JUL 7 1986 North Woodmere, New York 11581 ` L COUNTY TRANSFER TAX SU1✓FOLK , party of the second part, WITNESSETH, 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 , piezeor parcel of land , with the building and w •i improvements theron erected , dituate , lying and fronting Lort� Island Town of Sounii on the-' North side ofz' Sodnd View Avenue a"t Mattituck , 3_ Southold, County of Suff�ol-k and ,State of New York , MOre particularly DISTRICr .bou.nded and described as follows : -- '1000 - BEGI1NING at a. monument on . the Northerly line of Sound View Avenue SECTION - 100 . 56 .feet Easterly along-, the said Northerly line. -from the Southeaster 094 corner of land of McNulty - 'from said point of beginning ; ` runn:-ng thence North 19 degrees- BLOCK - 01. 00 feet to ordinary high water mark of Long Island Sound ;- LOT thence North 68 degrees 30 minutes 00 seconds East 47 . 93 feet along 007. 000 said high water mark of Long Island Sound and then North 57 degrees 00,. m.inutes East 52 . 13 feet . to land now or formerly of Mowery and Hall ; thence South 19 degrees 25 minutes 10 seconds East 402 . 6.5 feet along last mentioned -land ;: thence along said northerly line South 61 degrees 51 minutes 00 secor..ds West 100 . 55 feet to the point or place of BEGINNING . • Sc,l� Q l�vrt �S,Go �e� ldq youndvret� vim, rn�-P Itue,_,10 t �c.�.,r„c� �r4�2.Im t S..a� a.�.. ►�off"' 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. � .vbdhtjfira"art, in compliance with Section 13 of the Lien Law, covenants that the party of tFlf'wwo1#pi'e. a the consideration for this conveyance and will hold the right to receive such cons id- eratlo '"p-04 A.,to,�be applied first for the purpose of paying the cost of the improvement and will aptly them -r¢tyfb the payment of the cost of the improvement before using any part of the total of the same for any other purpose. r� 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: l t W �JO PH W. GUIDO �� UELINE M. GUJ O 1 0071 P929 �1 sS t,.. SYAT1 OF NEW YORK, COUNTY OF £�e�k SS: STATI OF Nr* YI COUNTY OF SS: On the 18th day of June 19 86 , before me On the day of 19 , before me personally came personally came Joseph W. Guido and Jacqueline M. Guido,''his wife . to tue known to be the individual s 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 theyexecuted the same. executed the same. n2o ff�¢l0 IMF NOWYOI* � ~4isa ii,t�tr� d 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- 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. i Bargain anD Oak Red) (� WITH COVENANT,AGAINST GRANTOR'S ACTS SECTION O TITLE NO. s 6 ,S _s BLOCK 0/ LOT QQ/ rS Gui doO COUNTY OR TOWN Recorded at Request of S e 1 im CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEV.YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by Harvey A. Levine, Esq. CHICA 0 PrI'I°>Lac 115 Christopher Street 11VISUnANCS COMPANY New York, New York 10014 Zip No. U U. U. O - 2�329 Z o .. W } Q. H tiil�tl '� `Q Uj of W VI