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HomeMy WebLinkAbout3740 1 Southold Town Board of Appeals `�- �� �, MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 i5l , TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. J�OSEPH H. $AWICKI ACTION OF THE BOARD OF APPEALS cc Ili U7in gig. Upon Application of CAROL A. MAGUIRE for Variances to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard, and Article XI, Section 100-119.1, for the placement of a fence in the frontyard area in excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1 (prev. 14 and 13) . WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of CAROLE A. MAGUIRE under Appeal No. 3740; 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 a request for Variances: (a) under Article III, Section 100-32 for permission to place accessory building approximately 29 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property; and (b) under Article XI, Section 100-119.1 for approval of fence in the frontyard area at a height (in portions) above four feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 12, Lot 14.1, and is a corner lot as defined by Section 100-13 of the Zoning Code, with frontage along three streets: Nassau Point Road, Vanston (or Old Cove) Road, and Broadwaters Road, at Nassau Point, Cutchogue. 3. The premises in question contains a total area of 1.13 acres and is improved with a single-family dwelling, as more particularly shown on the survey map prepared May 5, 1970 by Roderick VanTuyl, P.C. Page 2 - Appl. No. 3', Matter of CAROL A. M::-.:IRE Decision Rendered September 16, 1988 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is shown on the sketched survey with a setback of 29+- feet from the front property line along Old Cove Road, a distance of approximately 26 feet from the garage area of the existing dwelling structure; (b) that the premises is unique as to its limited rearyard area, - particularly due to its frontage along three town streets. 6. It is the position of this Board that in considering this application: (a) the relief as alternatively granted is not substantial and is the minimum necessary to afford relief; (b) the relief as alternatively granted will not- alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (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 following alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT: (a) a Variance for the location of storage shed (total combined size as given 10' x 201 ) at a proposed height not exceeding eight feet, for storage purposes accessory to the existing residential use of the premises, as alternatively noted below, and (b) a Variance for the excessive height of the fence structure, as exists at a maximum of five feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building: (a) be located from the westerly front property line along Old Cove Road not closer than 50 feet, and shall be , screened with evergreens along the building side facing Old Cove ge 3 - Appl. No. 740 Matter of CAROL A. :%GUIRE Decision Rendered September 16, 1988 Road; (b) from the southerly rear property line not closer than 10 feet and not farther than 30 feet; (c) the side property line be not closer than 10 feet, as requested; (d) be used for storage purposes incidental and accessory to the residential use of the premises; (e) not be enlarged or expanded without further application to this Board; (f) not exceed one-story height. 2. That the fence be screened with evergreens (or similar) at a minimum height of three feet, close enough to allow proper growth and sufficient screening {approximately five feet apart is recommended) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. ) This resolution was duly adopted. �Y lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLE1 K DATE i o/z o h� HOU Town Clerk, Town of Southc.ld NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town. Law and th'e Code of the Town of Southold , the following hearings will be held 'by the 'SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at thee .Southold. Town. Hall , Main Road, Southold , NY. 11971 , on THURSDAY ; AUGUST '18 ; 1988 , at the following times : 7 : 35 p .m . Appl . No. 3740 - CAROL MAGUIRE. Variances to r Zoning Ordinance , Article. III , Section, lOQ-32 , for ' the ement of accessory building in .an area other than the ired rearyard , and Article XI ,' Section. 100�1,19.. 1 , for placement of a fence in the frontyard area in excess of maximum-permitted four-foot height requirement. Location of Property : 2500 Nassau Point. Road , Cutchogue , NY ; County Tax Map Parcel No .. 1000- 104- 12- 14. 1 . 7 : 40 p .m . Appl . No . 3750 - SEYMOUR AND MERLE LEVINE. Variance to the Zoning Ordinance , Article III , Section 100-32 for placement of an acces-sory building in an area other than the required rearyard . Location of Property : 460 Private Road' #8 , East Marion , 'NY; County Tax Map Parcel No . 1000-23-1 - 3 . 2 . 7 : 45 p .m. Appl . No . 3751 - 'JEAN C .-'HOCEAND/LONGNECKER. Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of proposed Parcels A and B having insufficient area and width. Location of Property : Sunset Road , Beach Lane , and ,Lowland Road at Nassau Point Map Section C , Lots 327 and 328 , and Walter Grabie Map ; . Lots 36 and 37 ; Cutchogue , NY ; County Tax Map Parcel No . 1000-111 - 10- 18 , 1 , and 2 . Page 2 - Notice"*of Hearings Regular Meeting - August 18 , 1988 Southold Town Board of Appeals 7 : 55 p. m. Appl .. No . - 3753 = V.INCENT GEROSA. Variance to the Zoning Ordinance , Article XI , Section-=100- 119 . 2A, . for per- mission' to construct additions to existing dwelling with an insufficient setback from the top of .bank or .bluff along the Long Island Sound. Location of Property : 31.5--Aqu.aview Avenue , East Marion , 'NY ; County Tax Map Parcel .-No., 1-000-21 -2-3 .. 8: 00 p.m. Appl . No . 3755SE - .TIMOTHY COFFEY 'AND THE COVE 'AT­SO.UT.HOL-D ; ' INC ... .- Special Exception to the Zoning Ordinance , Article. -.T-II';", Section...100 .30C , for permission to erect off-premises=di rectib-rral---.sign . Location of .Property: S:o-uth' Side of .the Main. -Road. (S . R 25 ) 'S.ou hold-;. 'NY ;. County Tax Map -Parcel No.. 1.000-.7.5r06-7 .3. - - 8 :05 p .m . Appl . No. ' 3.7.56.V = `.HENRY J : SMITH AND THE 'COVE AT' SOUTHOLD-; INC .- -- Variance to. the ZQni-ng -Ordinance , Article VI , Section. .100�60 , for permission to erect off-.p.remises- directional -s'ig-n . L-ocation of .Property : South---Side of the Main Road (S. R. 25 ) , Southold , NY ;- County. Tax Map Parcel No. 1000-.70-07-007 . (Business-Zone District) . 8 : 10 p. m. Appl . No. 3744 - WILLIAM BAXTER , JR . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area and width of lot. in a proposed set-off to be considered by the Planning Board. Location of Property : Private right-of-way extending off .the north -side -of Oregon Road , Cutchogue , -NY ; County._Tax Map Parcel No . 1000�72-2-:2 . 1 and 3 . - 8. 15 p .m. Appl . No . 3754 - ANDRE AND. THOMAS CYBULSKI . ' Variance to the Zoning Ordinance , Arti.cle . .III ,' Section, 100=.30A for permission to. utilize existing barns for storage of-- general. items (instead of agricultura-1 storage ) and use as an alternative under New:- Y6)rk Town Law , Section 280-a existing driveway for access . Location of .Property : West .Side of .Depot Lane-, Cutchogue ,. NY ; District. 1000 , -Section 96 , Block. 5 , Lot. 1 . 2 and part of. 1:. 1 : - Dated : July 27 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN By Linda Kowalski U, , - - . '�m 0 1 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . .`S/ .T. . . . . . . . . . . . .. 19 0 . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . . . . .. 19 for permit to � . . .W.W. . . . . . . . . . . . . at Location of Property . . . . . . . . . House lVo. Street Hamlet County Tax Map No. 1000 Section . . . . . . . Block . . . . . .. pz. . . . Lot . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . ... . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . .. . . . . . . . . _ . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B ding spect:or* . . . . . RV 1/80 " ore EIVE0 }� TOWN OF. SOUTH OLD, NEW YORK MAY AMA9 FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7 4/0 Sadhold Town Gork DATE TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y. (�, 1, (We) ...... .. ©. .. .. .: . �'�-VAR.E.of ....A.�.P_ACLS,S„'(3L(;1 .\.3.:. .................. Name of Appellant Street and Number .................... �l .O.. .45.E'........................................ ..........jj.. . .........HEREBY APPEAL TO Mun'cipaIity Stat THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......... �a3.�. . ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..........C. .r�o ... .:...M.A. �.`.t'z ........... Name of Applicant for permit of ........ .fin. ..... .5 SCc'A....:.....:.�:........LWNAoo.! C. . .... ..Street and Number Municipality �• ate j ( V( PERMIT TO USE ( ) PERMIT FOR OCCUPANCY n 1. LOCATION OF THE PROPERTY ..... ....a ........... .:�:.......�'�.:....0 c ... .� Street /Hamlet / Use District on Zoning 'Map District 1000 Section/o�Bl ock (A Lot /�� 0A?M A� ..................................................................................Current Owner 0 ire /vlap No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article g�—/�—��9• rr � e]—iC,�� [ Db—3Z 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (vl"'A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h9,l,(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 (f) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) .�E REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 4"heve vex,/ r !s 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 '-4)Q q—>-C)Per'1-y, )as 3 4-row,t .J aA-A s r. (2 o vi e 51 rA 11 arca JeS(S Kos-f ej GAS a l (f5a )Pac,,l- ja#-cl is no-� c,� awror-1 bcf o Q cCh 6 vi -Po r Q s--o-ra- e b 1 1� . 3. The Variance would observe the spirit of the; Ordinance and WOULD NOT CHANGE THE -CHARACTER OF THE DISTRICT because +he' .-CetAe E? a,,,A 4�e Qcccosoj-\( 5-Vo ra 3c? b I 19 - 0-re- bock well w i- -7 i h -,e &Mfare-Fj i 0 oc.w j t o a�. STATE OF NEW YORK ) ss .......... ar� . COUNTY OF -&1 ) Signature Sworn to this ..................�.&. ............. day of......... ... ........................................ 19�� Notary Publi MARY ANN CYBULSKI NOTARY PUBLIC.State of New Yoo Residing in Suffolk County No 62.5895900 CgMM15510n Expires April 3U ibp �a,��� i cys - ► -'14. ( TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. . LOT • ' J,,fj �4 r=� a �U c a lv FORMER OWNER N E AC 5 j S _ W TYPE OF BUILDING —ti RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1 . r 76�,f N, c`: vL Knit" a Al, /,/=Avl_K,,v 1' 1 r"R ;+ :. i �/'� {+ �. - ✓?,tJ �'�� •-S 4 - 1'C c-.• �'t-i �Z Gfl!�1"- - �c'�:"�.t'k�: �;;? y-�gr•r .-�S/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH a ; BULKHEAD `�--- DOCK �� . ,• NOON■■ NOON■■■ ■■■e■■■N■■■ Mill ■■e■■■■■e■■e■■■e■■ee � NOON■ MEN■ ■■■■■■■■■■■■■■■ - ; NOON■ RIM ■■■■■■■■■■■■■■■,�. '=u NONE N7 E�JJIILFi■■■■■■■■Ne■■■■■■ IN■N■EEC NOON ■ese���e■■■EeN■■ : V I NONE mull _ e■■■■■■� NOON ■■■EEi�NrE■E.a■■■ ■■■■■■■� NOON ■■■r_:�■■�N■■■■■■ .�_ • � ` y�_ ■■■■■ENS ■■N■ ■N■■s■lo��■�■■N■■ 41 F f-r�'^" " .. _" '��fir• . `�_ � , ■ENNEN� ■EEE E■E■iee■c��■■■Nee e■■■E■E�.■.■ E..ve■■■SEE■E■■■ � .G - ■■■■NEE EEO■ E■E■■■■■■N■■■■■ EEE■ENiEE■E i •• / I Vhdation •• sement Floors Interior Finish Fire Place Rooms 1 st Floor '• / I ' • • •o• Rooms 2nd Floor Driveway a � - i Ap 1 ��o °V 6T•58' -� yL�n•y��`, utG c II (/�f ♦ o t11 I I S-ti:sGC3�' 177 ��, '-c, • s T. S. TP,3V 20 l`'.. — 295.40 LOT • 176 . [AAP OF LAtiD /'7� � u;.e� SCA • 50, = i ,� 5 U 2 V E y C D FOR. o = MfvUTAEkT v n ��, ff ` y� /, I n o Izou PIPE DR . N, IWT0IV �. -FAULf� iVLIG I�QEA 1. 13 A.C:,: �S SITUATE AT I FAST CU► r 0GUE TO Tug '.CiIVN 0= S'��:i�wr!�D• { cllt 1'0�1: !dTl .T t.t^f:TGGG= =Q + T1'E _�+'-n.-• sn;;�•:s •r.arr� i. 5U:!Vt a�E--ezc:� ay !970 5• . • !�OT c • r MVAN TUY � & SON ,I L°T f:Utl.o;vs SUC`17N 26�c£ TO 'l,1AP or I:A5slu P0110 CL.'FS Pz�F«-!ss tlav A' rl."n K v 'T�_ (' 0�--lu %s L!Ei1 SE7-`~ 1 iv COUNTY OF SUFFOLK 'V��� PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING November 1, 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) ✓Carol A. Maguire 3740 Seymor & Merle Levine 3750 The Cove at Southold (Henry J. Smith) 3756 Tony Scarmato, Inc. 3759 John J. Jessup 3763 Denis O'Brien 3764 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald'G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LA., NEW YORK 11788 (S 1 6)360-51 92 Southold Town Board of A eels 4`FI MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 r TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. onoCOT 1 13GUG3 SS JOSEPH H. SAWICKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xx Variance from the Zoning Code , Article III , Section 100-32 and Article XI , Section 100-119 . 1 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3740 - Applicant : Carol A. Maguire Location of Affected Land : 2500 Nassau Point Road, Cutchogue, NY County Tax Map Item No . : 1000-12-14. 1 Within 500 feet of: Town or Village Boundary Line _X 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 toplace an accessory building in area other than the required rearyard, and placement of fence in front— y n c 1 :n excess of the maximum—permitted four foot height requirement. Copies of Town file and related documents enclosed for your review. Dated : October 27, 1988 \�Y ls Southold Town Board of Appea 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. October 17, 1988 JOSEPH H. SAWICKI James Dinizio, Jr. Mrs. Carol A. Maguire 2500 Nassau Point Road P.O. Box 1027 Cutchogue, NY 11935 Re: Appl. No. 3740 - Variance Dear Mrs. Maguire: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Please be sure to return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Name : Course : Sec. WA# IC or OC • Date . ®0 U9 P J , . lle2 C17- X�;t W/e- 1 � � P 7 o � 4 �. M o -/��l C:�4j TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3740 Matter of CAROL MAGUIRE Location of Property: 2500 Nassau Point Road, Cutchogue County Tax Map ID No. 1000-104-12-14 .1 Board Members Present: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. , and Joseph H. Sawicki . Absent was : Member Doyen of Fishers Island (due to family illness) . Also present was the Assistant to the Board, Linda Kowalski , the Applicants and approximately 80 persons in the audience . The Chairman opened the hearing at 7.:35 p.m. and read the notice ofhearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: I have a copy -of the survey in the prior owners name dated May 5, .1970 on behalf of -Robert VanTuyl and Son. And I have a copy of the Suffolk County Tax Map as indicated. Is there somebody who would like to speak on behalf of this applica- tion? This is the Maguire application. How do you 'do? MS. MAGUIRE: I 'm Carol Maguire. CHAIRMAN GOEHRINGER: Is there something you would like to say? MS . MAGUIRE: First of all, I 've never been to a Zoning Board be- fore. So I don 't know what the procedure is. Secondly, I 'm sorry that I 'm first on the agenda. I would like to have seen somebody else come up first. But since I 'm number one, I 'm here. I would like to say that the fence and the storage accessory building there is already in place. And I would like to preface it with an expla- nation of why I 'm going for a variance after the fact. We purchased our house three years ago, placed the- metal storage building in its present location. W6re unaware that it was illegal for a variety of reasons. Number one, if you Tool. at the map, you ' ll notice that we have three frontyards. Well, we .didn't know that when we bought the house. When we bought the house, we figured the front of the house is the frontyard, the back of the house is the backyard and the sides of the house is the sideyards. So we placed it in what we considered our backyard. And where we use to live, you only needed a building permit that was on a permanent foundation, on a cement foundation. So these are metal sheds that are not on a per- manent foundation. So therefore, we did not apply for a building permit. The fence also was ignorant on our part. The fence is well within the property line. It ' s anywhere from 38 to 84 feet within the property line. And where we lived previously, you only needed a building permit for a fence that was -on the property line or ob- structed the view of traffic like on a corner plot. So the first that we knew that we were illegal was when we got a letter from the Building Inspector in May and our first reaction was that he Page 2 Matter of Carol M lire Transcript of Hearing - August 18 , 1988 CAROL MAGUIRE: Continued meant the accessory building that was there-. when we bought the house. Because when we bought the house, that had not gotten a building .permit or a. c.o. and money was left in escrow until that was cleared by the previous owners. So we said well, they didn 't get that information. So my husband came in with a c.o. and a building permit for that building. Then of course, we found out that we have three frontyards and that we have-,a build- ing in the back frontyard. Now, we- call itcthe front frontyard, --­.the side frontyard and the back frontyard. First we were just going to correct it and then we thought we 'd apply for a variance. , And up until this past Monday, I did not expect too many problems with the variance. But on Monday I was given a copy of a letter from the Nassau Point Property Owners. Associa.tion .which you probably have. And I .think that a- lot of the things in here are a little misleading and I would like to address myself to that letter. May I do that? CHAIRMAN GOEHRINGER: Sure. MS . MAGUIRE: The first statement there,. number one is correct. Number two, they have words in .here that T'm not quite sure what they mean. It says after numerous complaints from association members on the- property. , Now, .I don 't know if. .numerous complaints are many people or the same people giving the complaint many times. Is it ten people or a Hundred people? I was never contacted by anyone from the Nassau Point Property Owners Association to advise me that there was complaints being registered. Then it says in- volving storage sheds. ' Well, the accessory building that is in our front frontyard has been cleared and okayed by the previous owners. The accessory- building that ' s in question on the variance, is in the back. And when I came in to apply for the variance, I explained that it was two buildings attached to be one building. So therefore, it was. put through as one accessory building. So we 're really only talking about one::accessory building here. And it' s 20 feet wide, 10 feet deep, 7 feet high..: And then we have storage of numerous boats. Well, we have a Boston Whaler and an Oday Marinar which we use. The Oday Marinar has not been used for various reasons for the past two summers but they are boats that we use. They 've been in our possession for over 25 years. We 're not storing other people 's boats by any means. It also says numerous automobiles. We have two vehicles. My husband has a pick-up truck. I have a station wagon. My daughter lives with us, has a car but she 's not home all the time. I would call her only like semi-per- manent. So there are three cars. I don 't know if that ' s numerous vehicles. My son _comes. home from college. He lives with his brother in the summertime that comes out on .weekends. So occasionally, his car might be there. The recreational vehicle is not a big motor home. It is one of these square high low things with a box. We did store it outside under a blue tarp. And in May when we found out we were so objectionable to the area, we stored it in the ga- rage. It ' s been stored in the garage since May. I'm going on to number three. Again, they said that we are in full view of every one that 's entering the .point. That' s true. We live on a little P�Lge 3 Matter of Carol M_ iire Transcript of Hearing - August 18 , 1988 CAROL MAGUIRE: Continued piece of' land that' s between Vanston and Nassau Point road. So anybody that- comes on to the point either has to pass the front front or the back front. And the boats are stored year around and not ,just seasonally. I really don't understand what that means. These are our personal boats. We do use them.• We don 't just. . . . The Oday Marinar was originally kept at our summer home up in Maine and we brought it home two summers ago and it may go back up to Maine again. It says here also in point number three, the last sentence;. the application for variance states that this ` is not practical but it certainly is if the stored boats would be legally relocated and moved- off the property and so forth to make room for the shed. Now, I don 't think it is practical for us to move it into what is the side backyard. It ' s a very small area. It' s presently a -_;-;r:asberry patch which we 're going to do away with because we find out now that we 'need that area. It 's possible to move the shed but to me, it ' s more practical where they're situated. . . That ' s where we choose to put them in the first place before we knew. it was illegal. Comment number four; it says that the fence is not compatible with property in the immediate area. On Monday after I received this letter I just took a ride down Nassau' Point Road and I found three properties that have over 4 foot stockade type fences. Not just on their property in the way ours is but actually on the boundary of their property in ..the--frontyard. What would be considered their front- yard. So our fence is barely visible. "I think it was more visible when it first went up last April because it was new wood and the new wood stood out amongst the-.-trees. As if.' s weathering, you can barely see it. I took some pictures which I put in the folder there. and those pictures were taken. I had to walk into the property on to the woods to get those pictures. Because from� the road, you can 't really see it. On point number five, they make reference to a wood pile. Yes, 'we do have a wood pile. We had gotten some free wood which we 're seasoning: We use a lot of wood for our fireplace. And in order for it to air -.dry,. we piled it in a very neat pile. I see piles of wood still from Hurricane Gloria just in a mess. Ours is piled very neatly, very evenly. And it is 42 inches. We measured it after we got this letter-. ' And the wood will be used eventually. I would say there 's about two inches worth of wood in .that pile. The summation paragraph, I' took ex- ception to because I think it really makes our property sound as. if we have junkyard there. I would be ashamed..-to live there,_„if it really looked like this. It says the general_ result of- the conditions described above,- is a property which is being used' as a storage area with all sorts of flimsy storage sheds, unattrac- .tive fencing and a collection of motor' vehicles and boats. That is pretty strong. And .then the final paragraph, the association hopes that the Board of Appeals will .-deny this variance request so that the Building Department, . the association and the owners of the property may confer and reach agreement as much as possible. Page 4 Matter of Carol N iire Transcript of Hearing - August 18 , 1988 CAROL MAGUIRE: Continued May I say that I am a member of the Nassau Point Property Owners Association and never once did I get a phone call from these num- erous and many complaints. I am very hurt by that. I think it would have been a courteous and neighborly, if when the associa- —, tion received these complaints, 1 had been notified. I certainly don 't want to disturb the neighborhood or offend anyone. .And I would have gladly complied with whatever they had suggested. CHAIRMAN GOEHRINGER: Can I just ask you a couple of questions? What is the purpose of the fence which encloses the. . . . ? MS. MAGUIRE: As a privacy. screen. around that building there. My husband uses that building that was put thereby the previous own- ers as his workshop. He' s a hobbyist. He makes picture frames for me and repairs lamps and so forth. .He has his machinery in there and tools. And he just wanted to put up a little fence around there for no- ,particular reason other than his own benefit. He did not think it would offend anyone. CHAIRMAN GOEHRINGER: And the storage. . . . MS. MAGUIRE: The only thing that I must say to be very very truth- ful; we had on our boats, these blue tarps which I don 't like these blue tarps. And when my husband put the blue tarps on- the boat, I said gee. The blue tarps are terrible. He says; well, I hunted all around for khaki colored ones 'or beige- and they don 't make them. They just have the blue tarps. And he said he didn 't. . . . We have a very wooded'-piece- of property and the boats are underneath the trees and he didn 't want the oak trees staining the boats and so forth and that ' s why we had the blue. tarp. Now in May when we found that this wa.s offensive, we put them in -the rasberry patch. So hence, the boats are now in the rasberry patch where I don 't think they can be seen too-.easily because. of the woods around. So they have been relocated. CHAIRMAN GOEHRINGER: As for the storage building, do- you have any objection of screening those from the road with either plantings or anything of that nature? MS. MAGUIRE: Not at all. Actually, if you look at the pictures.. . . If 'you just drive by down the road without trying to really look for something, you really don't take notice of those buildirias. If you slow your car down and you strain and you look, theri.you can see them through the trees. They 're in quite a bit from the road if you look at the dimensions on the map there. They 're about 29 feet in from-the property line and there' s. like a buffer zone between the property line and the road of about 4 or 5 feet. So it ' s like over 30 feet in and it is wooded. The front of the build- ings face our backyard. I look out my kitchen window at them. I don't consider them flimsy or unattractive. I look at them all the time. I had made a list of what we store in there if that ' s of any interest to anyone. CHAIRMAN GOEHRINGER: You can give us a copy if you wouldn 't mind. _ Page 5 Matter of Carol M� ire Transcript of Hearing - August 18 , 1988 MS. MAGUIRE: Well, I just wrote it by hand but I can turn that in. CHAIRMAN (GOEHRINGER: Ok. That ' s fine. MS. MAGUIRE: I just have the contents of these buildings. I hope, you can read my writing because I just jotted this ally-down this afternoon. CHAIRMAN GOEHRINGER: Ok. We thank you. We 'll see what develops throughout the hearing. . Is .there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Is there a spokesperson from the Nassau Point Property Owners Association or whatever? How do you do sir? MR. BAKER: I'm the person who signed that .letter. I 'm sorry that Mrs. Maguire feels that we 're being harsh on :this issue. We have had numerous complaints. What numerous is is that in upwards of 20 calls that we have received, directors have received regarding this. And admittedly. at this time of year, the sheds and the fence is less noticeable than it is in the Fall. It _is a wooded piece of property. When the Spring and Summer is her.e there is foliage around, it is less noticeable. It'.is in 'the Winter and the''Fall that the storage buildings, there are three of them. And individual- ly if you look at these things it doesn 't. sound like it ' s very very important. But when you add three storage buildings and four boats and four vehicles that are immediately at the access of Nassau Point, it really does become an eyesore. And I think that 's what the property owners have been complaining to me 'about and that ' s why we asked that the variance be denied. CHAIRMAN GOEHRINGER: In total the variance be denied? What is your feeling regarding the fences or the fence? MR. BAKER: The fence really- didn't do anything as far as helping the property. We assume that when the fence went up, it was used to 'disguise the boats or the sheds or hide them. Our sense is that it just made matters worse. The same thing could -have been accomp- lished with plantings as somebody had suggested. ' CHAIRMAN GOEHRINGER: Thank you.' Is there anybody else who would like to speak. Yes sir. MR. SLATTERY: Vice President of the Association. And I 'd like to speak to Ms. Maguire ' s point about not having contact with us. Be- ing a long standing policy of the association to ask the town to enforce the zoning laws and that ' s exactly what we attempted to do in this case. From the complaints that I received, the straw that seems to have broken the camel' s back is the arrival of what I would describe as . a 30 foot panelled truck about the size of the George Braun oyster truck which remained on the property for an extended period of time in excess of 90 days. That brought rumors that busi- ness was being conducted on the site. As to one of the buildings Page 6 Matter of Carol M&,_ire Transcript of Hearing - August 18 , 1988 MR. SLATTERY: Continued that was spoken about by Mrs. :Maguir.e" be. temporary in nature and not having a foundation, I would hasten to add that the building has a chimney on it, has electrical service and has outdoor and indoor lighting.. "And I think that that should be brought out and - considered as part of the application: ' CHAIRMAN GOEHRINGER: But that' s the building that ' s lega-1 Mr. Slattery. MR. SLATTERY: I 'm not exactly sure what is legal and what •is not. CHAIRMAN GOEHRINGER.: Well, that ' s the" one that she claims she has the c:o. for and I 'm looking at one - right now. I didn't review that. But again, the nature of this particular hearing is the fence and the two storage buildings which I would basically refer to on the west side .of the .property. The storage building. So, thank you. Is there anybody else who would like to speak against the application? In rebuttal Mrs. Maguire. , I have to ask you. I don 't know why I 'm so tongue tied tonight. I 've got to apologize. MS. MAGUIRE: I 'd like to explain that panel truck. That is my son 's truck. He lives in Jericho. He .was bringing the wood out for the wood pile and he broke down in Rive rhedd by Carl ' s Nursery there. We towed him as far as our property and it took him about two weeks to get- the truck running and it was not there more than three weeks. The idea of 90 days is ridiculous. He needed that truck for his business. He ' s in the trucking business. He could not have afforded to have left it on our property for that length of time. He would have been "out of business. CHAIRMAN GOEHRINGER: Thank you. . Is there anybody who would like to say anything either pro or con regarding this hearing? The only question that I would like- to ask the president if I might, where do you propose -the storage sheds be placed or relocated? MR. BAKER: Where the boats are. CHAIRMAN GOEHRINGER: That' s in the rasberry patch. in back of the house supposedly? MR. BAKER. That ' s the side that ' s least visible. CHAIP AN GOEHRINGER: Sir, you had a question. MR. ROMMAN: I 'm a neighbor. I live down Vanston Road. It seems to. me .that we have a long series of procedures that we have to ,go through to get a legal building permit. Just adding on to my house I went through 9 billion inspections and had a building permit, cer- tificate of occupancy. If you can just walk into this committee and make everything legal by moving a building around 'or talking about a fence, then what ' s the point in the rules. And we all do it that way. The remedy is to take it out. Move it. Page 7 !latter of Carol M iire Transcript of Hearing - August 18 , 1988 CHAIRMAN GOEHBRINGER: Thank you sir. Hearing no further comment, I `ll make a motion closing the hearing reserving decision until later. All in favor - AYE. _ BY FOSS NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate (If Occupancy No. Z13210 . . . . . . . . Date . .February 11. . . . . . . . . . . . . . . . .. 19$� . THIS CERTIFIES that the building . . . . . c c e s s o r Z' s t o r a e b u i 1 cl i it p�:. . . , , , , . , . Location of Property . . . 2500 Nassau Point Rd . , Nassau, Pgipt, , , . QAtghQgue . Clouse No. Street Hamlet County Tax Map No. 1000 Section . .1.04. , , , , , .Block . . . .1?. . . . . . . . .Lot . . . .1 . 1 4. . . • . Subdivision . Nassau Point .Club Prop : , ,Filed Map No. . . . . . . . .Lot No. conforms substantially to the Application for Building Permit Heretofore filed in this office dated . .Feb,., 7 , , , , , ; , 1985. pursuanttowhichBuildingPermitNo. 1, iQ1Z, , , , , , , , , , , , , , , dated . , , ,Feb . 1 1 . . . , . , , , 19 5, ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which tlis certificate is issued is . . . . . . . . . / . . .Accessory stor:age buildinia:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l The certificate is issued to . . . . . . . .V .. . . . .F. . . Lois G . . . . . .Faulkner. . . . . . . . . . . . . . . . . . (owner, MK-X7 )X of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . A. . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . .N/A. . . . . . . . . . . . . . . . . . . . . . . . . . . . Building inspector Rov.1/81 f•� NASSAU POINT PROPERTY OWNERS ASSOCIATION P. 0. Box 346 CUTCH❑GUE, L. I., N. Y. 1193S Mr. Gerard P. Goehringer, Chairman August 8, 1988 1pc . �l Board of Appeals Mud r "x r1F}t al A BI Town of Southold Southold, N.Y. 11971 Dear Mr. Goehringer: The Nassau Point Property Owners Association (the Association) has noted a hearing on application for variance No. 3740 by Carol Maguire on the placement of an accessory building and for the placement of a fence in excess of the four feet height requirement, all in violation of the Town Code. The Association has reviewed the application in this case and also the actions that the Association has previously taken on the subject property and has the following comments: 1 . The storage shedsand fence are presently in existence and violate the Town Code and it is presumed that this appeal for variance is to allow them to remain in their present locations. 2. After numerous complaints from Association members on this property involving storage sheds, storage of numa.., erous boats, automobiles and recreational vehicle, the Association complained to the Building Department. This Department in their letter to the Association of May 18,1988 stated that the fence, boats and storage sheds would be made to comply with the Town Code 3. The location of this property is at the entrance to Nassau Point and is in full view of all entering onto the Point and this causes the many complaints the Association has received. Boats are stored year around and not just seasonally. Under the Town Code, it is understood that accessory buildings cannot be placed in front yards as these are but must be placed in the backyard area. The application for variance states that this is not practical but it certainly is if the stored boats would be legally relocated or moved off the property to make room in the backyard for the sheds. 4. The fence on the east side of the property was added recently and while it violates the Town Code it also is not compatible with the other properties in the immediate area. --2- 5. On the west side of the property facing Vanston Road and adjacent to the illegal storage sheds, there is in effect another fence made of logs which is probably higher than the Town limit of four feet. In effect, the general result of the conditions described above is a property which is being used as a storage area with all sorts of flimsy storage sheds, unattractive fences and collection of motor vehicles and boats. The Association hopes that the Board of Appeals will deny this variance request so that the Building Department, the Association and the owners of the property may confer and reach agreement as much as possible on a way to accomplish the goals of all :-parties. Thank you for the opportunity of commenting on this appeal. Very truly rs, Frt eger, President. �0 A� I �-, � 5.6 cl i • Q o o I cb rr-.--7 17.0 177 Z 1 -�; A G - 3C 20' N. 295.40 - LOT IT6 [AAP OF LA 'N SCALE • 501 = I " SUfZvlyr.D FOIZ o = IAOMUMEKT 0 - IzON PIPE DR . KEWTON L. FAULVN LP a12Ea = 1. 13 AC2 �5 j SITU6TE AT I CAST 000C _ i') kol1� SOLI` =-r2 .V,T ww or- soul n , TI i (•��f�TGcGG =Q a THE y'n:_u N0Tc • Sy2v r ae�\/e:cn cMAY 5, ?s70 COT NUl!.Fi2s Su0Y1N 2e�6R TC "lAAP OF Klhcsd'J v U i L & JV P01W CL:.'3 P2J?E2-!LS . E:A--7: I:14P A• FILED K v,.� `r _, `• IL - ..:t:FC_L_ iJ-ik-y _i Z:2 'S OF^ICE �5 ---- --- �-- :'a- W- - :5E LICeNSE7 -LiK7 Sft�'LY✓G�. .. _. ! . - fXt Southold, T6wn .Board :of A gals MAIN ROAD - STATE ROAD, 25 SOUTHOLD; L.I , N.Y 11971 TELEPHONE (516)7651809 APPEALS BOARD August 18'. 1988 MEMBERS GERARD P. GOEHRINGER,-CHAIRMAN.. S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. . . NEGATIVE ENVIRONMENTAL DECLARATION ROSER JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : .3740 PROJECT NAME: CAROL MAG'U'I'RE 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 si iifi 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: Placement of accessory building in. area other than rearyard and placement of fence in ' frontyard in excess of four feet. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2500 Nassau- point .Ro_ad, Cutchogue 104-12-14. 1 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) 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 lQ c�U� Southold Town ����. ��r � � 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. DGWG nee JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk - r NOTICE OF HEARINGS NOTICE IS fipa 26 GIVEN, _ /J E pursuant t g 267 of the Lots 36 and 37� chogue, NY; ��0 j Town Law and the Code of the County Tax Mal ;el No. 1000- I i Town of Southold, the following 111-10-18, 1, and 2. iSTATE OF NEW YORK hearings will be held by the 7:55 p.m. Appl. No. 3753 -- ) SOUTHOLD TOWN BOARD VINCENT GEROSA. Variance \ )SS: OF APPEALS at a Regular Meet- to the Zoning Ordinance, Article COUNTY OF SUFFOLK) ing at the Southold Town Hall, XI, Section 100-119.2A, for per- Main Road, Southold, NY 11971, mission to construct additions to on THURSDAY, AUGUST 18, existing dwelling with an insuffi- 1988, at the follows cient setback from the top of bank Christina' Contento of Mattituek, in t' es: or bluff along the Long Island Said County, being duly sworn,says that he/she is Principal f = 7:35 p.m. Appl. No. 3740 -- Sound. Location of Property: 315 CAROL MAGUIRE. Variances Aquaview Avenue, East Marion, Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, to the Zoning Ordinance, Article, Y; County Tax Map Parcel No. published at MattltUCk, in the Town Of Southold, Count of III,Section 100-32, for the place- 000-21-2-3. ment of accessory building in an 8:00 p.m. Appl.-No. 3755SE -- j Suffolk and State of New York,and that the Notice of which area other than the required iea - IMOTHY COFFEY AND THE yard,and Article XI, Section 100- OVE AT SOUTHOLD, INC. I the annexed is a printed copy,has been regularly published In 119.1, for the placement of a �pecial'Exception to the Zoning I said Newspaper once each week for 1 weeks fence in the frontyard area in ex- ;ardinance, Article III, Section- successively, commencing On the 4 day Of cess of the maximum-permitted r100-30C, for permission to erect. four-foot height requirement. off=premises-directional sign. An rrti c _$$ Location of Property:2500 Nassau Location of Property..South Side - I Point Road, Cutchogue, NY; Main Road (S.R. 25), Southold, 1 County Tax Map Parcel No. 1000- NY; County Tax Map Parcel No. 104-12-14.1. 1000-75-06-7.3. 7:40 p.m. Appl. No. 3750 -- 8:05. p.m. Appl. No. 3756V -- SEYMOUR AND M•E R L E HENRY J. SMITH AND THE LEVINE. Variance to the Zoning COVE AT SOUTHOLD, INC. — — Principal Clerk Ordinance,Article III,Section 100- Variance to.the Zoning Ordinance, 32 for placement of an accessory Article VI, Section 100-60, for g building in an area other than the permission to erect off-premises- a time allotted. For more infor- I j required rearyard. Location of directional sign. Location of ation, please call 765-1809. Property: 460 Private Road #8, Property:.South Side of the Main ated: July 27, 1988. 11S East Marion,NY;County Tax Map Road (S.R. 25), Southold, NY; BY ORDER OF THE Parcel No. 1000-23-1-3.2. County Tax Map Parcel No. 1000- SOUTHOLD TOWN 7:45 p.m. Appl. No. 3751 -- 70-07-007. D OF APPEALS 19 (NARY K.DEGNAN (Business-Zone r JEAN C. H O L - District). GERARD P.GOEHRINGER, 1 NOTARY PUBLIC,State of New York LAND/LONGNECKER.Vari- CHAIRMAN I Suffolk County No.4849860 8:10 p.m. Appl. No. 3744 -- Article c to the Zoning Ordinance;' WILLIAM BAXTER, JR. Vari- By Linda Kowalski ��.�" Term Expires FebCuar 9� Article III, Section_ l of p, Bulk _ antes J9 the Zoning Ordinance, 5027-1TA4 (� Schedule,for approval of proposed Article III, Section 100-31, Bulk Parcels A and B having insuffi- Schedule, for approval of insuffi- cient area and width. Location of cient area and width of lot in'a Property: Sunset Road, Beach roposed set-off to be considered Lane,and Lowland Road at Nassau y the Planning Board. Location Point Map Section C, Lots 327 f Property: Private right-of-way and 328, and Walter Grabie Map,r r Mending off the north side of regon Road, Cutchogue, NY; . . _'. .-_. : t s , , ___ ounty Tax Map Parcel No. 1000-'1&-D 1 2 2-2.1 and 3. 8:15 p.m. Appl. No. 3754 -- { NDRE AND THOMAS CY- $ULSKI. Variance to the Zoning Ordinance,Article III,Section 100- 30A for permission to utilize xisting barns for storage of gen- ral items (instead of agricultural torage) and use as an alternative under New York Town Law, Sec- tion 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District 1000,-Section 96, Block 5, Lot 1.2.and part of 1.L . The Board of Appeals will at said time and place hear any and all persons or representatives de- siring 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 1 g COUNTY OF SUFFOLK ss: STATE OF NEW YORK . �pT10E OF HEARINGS. • NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of Patricia Wood, being duly sworn, says that she is the r the Town Law and the Code of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town of Southold, the following hearings will be held a public newspaper printed at Southold, in Suffolk County; tr` by the SOUTHOLD TOWN and that the notice of which the annexed is a printed copy, " BOARD OF APPEALS at'-a Regular Meeting at the Southold has been published in said Long Island Traveler-Watchman Town Hall, Main Road, once each week for . . . . . . . . . . . . . . . . . . . . �. . . . . weeks Southold, New York, 11971,'on THURSDAY, AUGUST_ I8 1988 at the followin times: successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . 7:35 "in App. N�4.0. CAROL 4AGUIRE.Variances day of to the Zoning Or mance, Arti y 19 cle III, Section 100-32, for the 1 r ram— �J�!. . placement of accessory kiuildin . . in an area other than the r " ' " " " " " " " ' quired rearyard,and Article X Section 100-119.1,for the,place ment of a fence in the frontyard urea in excess of the maximum- , permitted four-focit height re- Sworn to before me this . . . . . . . . . . . . ./. . . . . . . . clay of tY q. : 2500 Nassau Point Road, uirement.Location of Pro er- Cu chogue, NY, County Tax . . . . . . . . .G��?G �. . 19 . �� p l� No. 1000-104-12-14.1.. � ' 40 p.m. Appl. .No.; 375 . SEYMOUR AND, MERLE LEVINE. Variance to the Zon- 8:00 p.m. Appl,No. 3755SE. tng Ordinance,Article Ill,Sec- TIMOTHY COFFEY AND tion 100-32 for placement of in THE COVE AT,SOUT.HOLD,, Notary Public accessory building in an area INC..Special Exception to the other.than the required rearyard. Zoning Ordinance, Article III, BARB Location of Property: 460, Section 100-30C,.for permission ARA F�RBES Private Road No. 8,' East to erect off-premises-directional Notary Public,o State Of New York Marion, NY; County Tax Map sign. Location of Property. �6846 Qualified in Suffolk County Parcel No. 1000-23-1N o. South Side of the Main Road I Commission Expires 31 19�9' 7:45 p.m. Appl No. 3751. ,(S.R.2§),Southold,NY;Coun-, JEAN -C. - HOLLAND/ ` ty ',Tax 'Map, 'Parcel No. LONGNECKER. Vartar:ces4o 1000-75-06-7.3'. the Zoning Or mance, Article 8:05 p.m: Appl.'No. 3756V. III, Section 106-31, Bulk HENRY-J: SMITH AND THE Schedule; for approval of pro- COVE AT SOUTHOLD'INC. Or- posed parcels,A and B having Variance tote Zoning Or- . insufficient area and width: dinance; Article VI; `Section Location of Property: Sunset 100-60, for permission to erect Road,Beach Lane,and Lowland off-premises- directional sign. Road at Nassau Point Map Sec- Location of. Property: South tion C, Lots 327 and 328, and ; Side of the Main.Road(S.R.25), i _ _ _ , —- - Walter Grabie Map,Lots 36 and' Southold,NY;County Tax Map r 8:15 p:m. Appl. No. 3754, The Board of Appealswll at 37;Cutchogue,NY:County Tax Parcel ;.No.• 1000-70-07-007: ANDRE AND. THOMAS said time and place hear any and i (Business-Zone District). i , CYBU'SKI. ,Variance to the � � all persons or representatives Map Parcel No: 1000-11140-18, 8.10 Article th i. desiring to be heard in each,of 1 and 2. p.m.- Appl. No.•3744. Zoning Ordinance, j W ILLJAM BAXTER,• J R. Section 100-30A,for permission I,. the above matters.Written coin. 7:55 pJn. Appl. No. 3753. Variances to the.Zoning', Or- to utilize existing barns for ments.may also be submitted VINCENT GEROSA. Variance .e prior to:the conclusion of the to the Zoning Ordinance; Arti- dinance, Article III, Section storage of general items,(instead P de XI, Section 100,119.2A, for 100.31, Bulk Schedule, for ap- of agricultural storage)and,use 1 subject''hearing: Each hearing permission to construct addi- proval of insufficient area"and as an alternative under New will not start, before the time p width of lot in a' ro osed set- York Town Law,.Section 280-a ! allotted.For.more information, tions to existing dwelling with an p p {I lease call 765-1809. insufficient setback from the top `off to be considered by the Plan- existing driveway for access. p ning Board.Location of Proper- Location of Property:West Side Dated:,July 27, 1988. of bank or bluff along the Long $ BY ORDER OF.THE ty: Private right-of-way exten- of Depot Lane,Cutchogue,NY; Island Sound.Location of Pro- ding. off the' north side_of District,1000,Section 96,'Block SOUTHOLD'.TOWN pertyr- 315 Aquaview Avenue,! 5, Lot 1.2 and part of 1.1: BOARD OF.APPEALS East Marion, NY; County Tax Oregon Road;Cutchogue, NY; -- — GERARD P.,GOEHRINGER, Map Parcel No. 1000-21_2-3. County 'Ihx Mal),Parcel•'No: CHAIRMAN 1000-72-2-2,1 and 3: — .. By Linda Kowalski 1T 8/4/88(6) Mailing List . Hearings of August 18, 1988 . Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire P.O. Box 1027 (Hand D211V2ry) Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq. , P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland Application) Mr. John Amisano, .Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffey) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. I Wickham, Wickham & Bressler, P.C. (Re: William Baxter, Jr. ) I Main Road, Box 1424 Mattituck, NY 11952 Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information Town Hall, 53095 Main Road ''- P.O. Box 1 179 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 26, 1988 Transmitted herewith is Zoning Appeal NO. 3740 application of Carol A. Maguire for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; Idtter relative to NYS Tidal Wetlands Land Use; Notice.-of-Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Id DATE........ ...... . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.q�Y.. 1, (We) .....aAO.&..... .......of .......97. a :..cci................ Name of Appellant Street and Number O .....................L.�h.�C!G!.... A9.......................................... .........I... .. ...:......HEREBY APPEAL TO M�icipality Sto e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ................................... DATED .............5./y��.Fk.................... APPLICATION FOR PERMIT NO. ! .••. WHEREBY THE BUILDING INSPECTOR DENIED TO C 6 20 lg.:...M6.G:.0(2t_................. ..... ......... Name of Applicant for permit of .... .5..�.�......... . . 5 ..��'T X............ Street and Number Municipality Sate (� PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... SUO :/�'CtSSGtU 7f.I S!- �l ct,t`CGt� IF ... ...... ..... .. ..... . ...................... Street /Hamlet / se District d1i Zoning Map District 1000 Section/o�'Bl oclQ Lot / /Ourrent Owner C�ecvvt�9•/ �u��^E' ..................................... a Qu�r� Map No. Lot No. prior Owner wt&j&n FV_a p� 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'(-/w1li4JSgGt-i-eft a,µd 6_14Ie(61 72C , too- 3 Z 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( )) A Variance to Section 280A Subsection 3 ( ✓) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because `Nj1�,e � (/$ ey`(� /�-T 2. The hardship created is UNIQUE and is not shared by all properties alike in' the immediate �" M vicinity of this property and .in this use district because `�� pY'p�P,ir''f'J.,/ I1Q5 3„ ands a.wd -�-C,a- ©he Snood 0-.-ea desi5v10,ied as Q leqa� k yGN-6 I s not a,,, O f propri ate- IOQatto'n. —f�-ra S-6ro-ge )DICLO3 . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because GhC ' ac d � QCa�„�SOfr'� S'(ox-acse bld3, are )DO-t witkih 4�e (PrDper-j line) ao 110-t` Glib emy— O -V�e-,AS1 Ve —fo`rhe e) c O d O—f o6Jht-la . W 0-cj. LA) a, �ir-a Pe r�,es STATE OF NEW YORK ) ss ... . G' ................. COUNTY OF ) Signotur�po..... . ..� Sworn to this .................... ....!? ........... day of........ .... . .. 19 Notary Pu lic MARY ANN CYBULSKI NOTARY PUBLIC State of New York Residing in Suffolk County No 52.6895900 �ommssion t xpaes April 30.19f.0 t BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of M P\G U 1 R 1= NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variance) Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: OU Lqs Lt cS. Sec-ttoy, 1041F, •d< Id'! Lo-t-col3 . olq 3. That the property which is the subject of such Petition is located in the following zoning district: ZOOO 4. That by such Petition, the undersigned will reques the following relief: �f �� Y)�qY! 41e4-C'e ✓1 e Uin C iln NQ4 SS Cc(A Ci u oZ i cLcc eso _ cAQ, -Q i VIQ Vag s iz�v� Rd, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article _XT I yo-114.1 ' See too- 3Z [ ] 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) 7d5-1809. 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. Ma.S4 ' Petitioner C A IRO l„ 4. MA G-U 112.1- Owners Names : QE{,81t1 S F_ AA a. I' Post Office Address �• 0 . 8 ok (o- ' C.yTctE ® C U LE . N: I (q.3 Tel . No . (,5J(o ) 73q 5&09 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS G_eov�e 1�t�c'kc �� Po. Box �o a CLLI v e STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) (I A-YV,o L A ...1 A&U = residing at cR 0 O rI�CLSSc_ u WJ. �� 0 LA c_knn Ct u P . N_�/ . being duly sworn, deposes.and.says that on the � ay of M A)! 19 $ r deponent,mailed a true copy of the Notice,set forth on the re-, verse side Kereof, 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 C LA CV�Osy c ; that said Notices were mailed to each of said persons by (certified) (registered) ail. Sworn to before me this day of , 19 9 Notary Pub is MARY ANN CYBULSKI NOTARY PUBLIC.State of New York Residing in Suffolk County No 52-5895900 Commission Expires Apn130 19"D (This side does not have to be completed on form transmitted to adjoining property .owners.. ) ,14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 ' SCAR 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 C Kok M &vi " [-: I I= lleCeSvY 3. PROJECT LOCATION: Municipality CU tc,Gw u e_ County a pl� 4. PRECISE LOCATION(Street address Ad road intersections,prominent landmarks,etc.,or provide map) as oo !Qsue . mil. . � V��h �d. 5. IS PROP SED ACTION: 11a New ❑Expanslon ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY:—geviCe — 51 d x 101 X 7' _7Atuie bleb, 7. AMOUNT OF LAND AFFECTED: Initially ��1 3 acres Ultimately L,/3 acres 8. WILL PROPOSED A TION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes No If No,describe briefly K6W1ejnc& netted- _qW 6_1_re� a-'� �vo-�-�y aod e bl�C, 9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑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)?—� ❑Yes pa No If yes, list agency(s)and permit/approvals 11. DOES ANY ASP CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes No If yes,list agency name and permit/approval 12. AS A RESULT OF P OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes VNo I CERTIFY THAT THE INFORMATIONN PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: ��4L Signature: If the action is in the Coastal Area, and you are a state agency, complete the . Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made L-y 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 NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes ZNo i 3. Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a potentially large impact on groundwater quality? _Yes INO 5. Will project significantly effect drainage flow �• on adjacent sites? • Yes VINO 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? _Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologinal importance or any site designated as a critical envircnmental area by a local agency? Yes No 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 ZNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes �o 13. Will project have any impact on public health / or safety? _Yes , NO 14. Will project affect the existing community by bL`� directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes No period or have a major negative effect on the _ character of the community or neighborhood? 15. Is there public controversy concerning the project? A _Yes _ No Preparer's Signature:�a�`-"�� -�L.`" Representing: Date: ZBA 9/75 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z .37Fa2 . . . . Date . . . .February. . . . Z7.;. . . . . . . ., 19 7.0 .- THIS CERTIFIES that the building located at .Nassau. Pt. . Road. . . . . . . . Street Map No.Nassau. Pt® Block No. . . . . . . . . . .Lot. No. 1-7.7.&. .178. . .Gutckiogue x 19P Xo . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . .July. . . .16.,. . . . . ., 1969. . pursuant to which Building Permit No. . •4389z dated . . . . .July. . . 1.6. • . . . . .. 1969. .., 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 . . private -one :faarily• dwell.ing • • • • • • • • • • • • • • •; . . . . . • • � • • • • • • • The certificate is issued to . . . . Dra •Xewton. J±aulkner. . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval February. •267. .1970.,. .Robert. Villa Building Inspector ' . Standard N.Y.B.T.U.Form 8002*2/84-20M—13argain and Sale Deed,with Covenant against Grant( ;ts—Individual or Corporation. (single sheet) �C CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. -., -�� LIBER 9'1 2 PAGE 14j �`�� THIS INDENTURE,made the 24th day of January , nineteen hundred and eighty five BETWEEN NEWTON E. FAULKNER & LOIS G. FAULKNER, his wife, both residing at (No #) Nassau Point Road, Nassau Point, Cutchogue, New York 11935, party of the first part, and CHARLES F. MAGUIRE & CAROL A. MAGUIRE, his wife, both residing at 125 St. Regis Drive, Massapequa Park, New York 11762, party of the second part, WI TNESSETH,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 INie at Cutchogue, Town of Southold, County of Suffolk and State of New York, known and designated as lots 177 and 178 on a certain map entitled, "Amended Map A of Section A, Nassau Point Club Properties, Nassau Point", filed in the office of the Clerk of the County of Suffolk-'on"October- 21, 1920 as Map No. 753, and also shown on said map filed August 16, 1922 as Map No. 156. BEING and intended to be the same premises conveyed to the parties .�, of the first part by deed dated 8/17/74, recorded 8/20/74 in Liber 7698 at `116�0 Page 252. I , t .� T KA ' TAX MAP )ES1GNATION )tst. 1000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to.any streets and 104 00 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 1k. 1200 the party of the second part forever. tcs�: 0130 J 014 OV 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 the same first to the,paynlent of the cost of the improvement before using any part of the total of the same for `s 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 —1 written IN P F OF' NEWTON E. FAULKNER �! LOIS G. ULKNER LIBEP,U IJ4 SAGE 1JU STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF ss: On the 24th day of January 19 85 before me On the day of 19 before me personally came personally came NEWTON E. FAULKNER & LOIS G. FAULKNER to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. ' executed the same. r' F� Xb , ry Public VVIWAM WICKHAM Notary Public, State of Now YOTIE l�!o. 52-4259000- Suffolk County. Expires March 30, 19 S S 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. ,bL3t 100 jDargain anb &ale Meeb SECTION j 014 WITH COVENANT AGAINS"I' GRANTOR's ACTS BLOCK TITLE No. 560-S-0887 (S-18559) LOT 013 .t 61[I NEWTON E. FAULKNER & COUNTY OR TOWN LOIS G. FAULKNER TAX BILLING ADDRESS TO CHARLES F. MAGUIRE & CAROL A. MAGUIRE RETURN BY MAIL TO: MARK X. LYNCH, ESQ. 1060 Park Blvd. TRANS-AMERICA ABSTRACT SERVICE INC Massapequa Park, New York 11762 185 HILLSIDE AVENUE WI LLISTON PARK, N.Y. 11596 (516) 747-4824 zip No. W J V W LL O __ C V LU L Jl1T�R//J��OI t�)10���fi W W SS, U Q � 6 N N W Lu W N W _ G: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED PITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the . Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes -No 2. a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b)Are there any areas open to a waterway without bulkhead? Yes 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, concrete barriers , decks , etc? p(ee C Yes No 5. If project is proposed for an access ry buildin 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 No Town Board Yes o Town Trustees Yes o County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes o 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 No 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time (e'�Vate: Vlotnne and proposed Ae- V)ome Please submit photogr phs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (P perty Ow r) (Authorized Agent 1/88 WETLANDS [Amended 8-2G-7G by L.L. No. 2-1976; 3-26- ' 85 by L.L. No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows,. flats or other low lying lands subject to tidal action; (2) All banks, bogs,.meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high "bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. 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 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