Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
3777
mot• ocl_�I��,i L�,11'r Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR.JOSEPH H. SAWICKI ACTION OF THE BOARD OF. APPEALS JAMES DINIZIO,JR. Appeal No. 3777: Application of CARL J. and RUTH V. NELSON for Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 6-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 percent. Location of Property: 1060 Moore' s Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43 . WHEREAS, a public hearing was held and concluded on October 26, 1988 in the Matter of the Application of CARL J. and RUTH V. NELSON under Appeal Application No. 3777; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area(s) ; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants in this proposed tennis court project request Variances from the following provisions of the Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedule, as to lot coverage in excess of the maximum-permitted requirement of 20 percent for all structures and buildings; (b) Article III, Section 100-32 for permission to locate same in an area other than the required rear yard; (c) Article XI, Section 100-119.1 as to the fence height in excess of the maximum-permitted requirement of four feet, all as more particularly shown on the survey dated August 13, 1988, prepared by Roderick VanTuyl, P.C. Page 2 - Appeal No. _ .77 Matter of CARL J. AND RUTH V. NELSON Decision Rendered November 16, 1988 2. The premises in question is located in the "A" Residential and Agricultural Zone District, contains a total area of 19,500 sq. ft. , has frontage along the east side of Moore's Lane North of 150.0 feet and the south side of Inlet Pond Road of 130.0 feet. The regulations applying to this Zone District are regulated by Column "A" of the Bulk Schedule of the Zoning Code. 3. The subject premises is improved with an one-story single-family dwelling and accessory swimmingpool as depicted on the survey. map of June 30, 1979 (amended August 13 , 1988) . The dwelling structure is set back 50 feet from each of the two front property lines along the roads, 20 feet from the easterly (side) property line, 41-1/2 feet from the southerly rear property line, and the accessory swimmingpool is located in the southerly (rear) yard area. 4. By this application, appellants proposes to construct a 50' by 110 ' tennis court with six-ft. high fencing along the northerly property line (along Inlet Pond Road) with zero setback from the easterly and northerly property lines, and 20 feet from the westerly front property line (along Moore' s Lane North) . 5. Article III, Section 100-31, Bulk Schedule of the Zoning Code provides for a maximum of 200 lot coverage for all structures on a lot. The lot coverage furnished for the record by applicants is 9,335 sq. ft. total, or 48 percent in relation to the total lot area. 6. Article III, Section 100-32 of the Zoning Code provides that all accessory structures and uses be located in the rearyard area and shall occupy not more than 400 of the area thereof. The tennis court with fence is not proposed in the rearyard area, and for the record it is noted that the rear yard area is occupied (lot coverage) by 57 percent. 7. Article XI, Section 100-119.1 of the Zoning Code provides that the same shall not exceed four feet in height when located along the front yard property line. The fence height proposed herein is at six feet, requiring a variance of 330, or two feet from the requirements. 8. In considering this application, the Board also finds and determines: (a) the variances requested are substantial in relation to the zoning requirements, supra; Page 3 - Appl. No. 17 Matter of CARL J. A:._ RUTH V. NELSON Decision Rendered November 16, 1988 (b) the practical difficulties claimed .are not sufficient to warrant approval; (c) significant economic injury has not been demonstrated by dollars and cents proof as required by the Courts; (d) the variance, if granted, will not be within the spirit and intent of the zoning ordinance; (e) the character of the immediate area will be adversely affected if the variance were granted, particularly due to the nature of the use and construction close to this street intersection; (f) in view of all the above factors and the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Dinizio, it was RESOLVED, to DENY the Variances requested in the Matter of the Application of CARL J. AND RUTH V. NELSON under Appeal No. 3777. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Charles Grigonis, Jr. {out-of-state} . This resolution was duly adopted. lk 'Z-,Z- i'1-Y GERARD P. GOEHRINGER, CHAIRMAN F Ourr p 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. NOTICE OF HEARINGS JOSEPH H. SAWICKI James Dinizio, Jr. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 'the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, OCTOBER 26 , 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. . HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1) . 7:40 p.m. Appl. No. 378.4 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard Z.B.A. Legal Notice -2- October 2E 1988 Hearings setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters, " Southold, NY; County Tax Map District 1000, Section 87, Block 3, Lot 8. 7: 45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for }' permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 37855E - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice -3- October ' 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3 , Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43 . 8:05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762 - ROBERT G. AND DIANNA BAKER. Bed and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988) . 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized - for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Z.B.A. Legal Notice -4- October 2 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3 , Lot 18. 3 (previously part of 18. 2) . The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted Z.B.A. Legal Notice -5- October 1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski --------------------------------- - --------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20 , 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. -----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y, NOTICE OF DISAPPROVAL Date . . . 1�/�,7 . . . . . . . . . . . . . . . .. . ... . . . . . . . . . . J � c PLEASE TAKE NOTICE that your a plication dated . . O��I. • . , . , • , , • , . , ., 19 . for permit to . . . . .�. . . . . . . . . . . at Location of Property .f.1 w) . .�, House No. - street " " " ' • " " " " ' HI-'le County Tax Map No. 1000 Section . . . . . s . . . . . Block . . . . . : . . . . , Lot . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . , , , • , is returned herewith and disapproved on the following grounds K/tceek -4-Z�4 . . . . . . . . rT. . ..l,D_. . 2 . .,!��� � G �Z Try- 14�. X-/"IAof -�- - - Y 44-7-&77. - . . .?4-4104jW •�• • . • T. . • • . • . . . . • • • • . . . • • • • • • • . . • • • • . . • . • Bu di "Inspector RV 1/80 019- CEIVED TOWN OF' SOUTHQ0G N®,�?jK APPEAL,.FROM DECISION OF BUILDING INSPECTOR v7 1... t APPEAL NO. 77 7 DATE ... ,......,;,,,, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Carl J. Nelson and Ruth V. Nel;yn 1.060 Moore's Lane North .... ..... ..... .... ....................................................... Name of Appellant Street and Number G.r.eenAA.r.t.....................Saut uo.Ld.................................. ..New..Yark..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON . APPLICATION FOR PERMIT NO. .No..#...$e.�!..4UAQh.ed DATED .....AU9USt...17..,...19B$................... WHEREBY THE BUILDING INSPECTOR DENIED TO Carl J. and Ruth V. Nelson .. ...... ............................. Name of Applicant for permit of 1060 Moore's Lane No. , Greenport Southold, New York .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) . PERMIT FOR OCCUPANCY . (x ) Construction of clay tennis court and fence (6' structure) 1. LOCATION OF THE PROPERTY 1060 Moore's Lane .No. &..1120 Inlet Pond, Greenport .. ..... ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section033 Block2 Lot43 .................................................:...................... Current Owner Carl J. & Ruth V. Nelson Map No. 4475 Lot No. 99 prior Owner N/A 3 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 II`I&XI Section 100-32 & 100-31 & 100-1191A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has)G n;) 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 Form zsi (Continue on other side) REASON FOR AF'r"«,L Continued 1. STRICT APPLICATION-OF THE ORDINANCE would produce practical difficulties or unneces- J• _• sary HARDSHIP.because The property in question is a corner lot thereby housing two (2) front yards and very limited rear yard space where accessories are required to be located (Article III, Section 100-32) . Article XI, Section 100-1191A permits only a four-foot fence in front yard. This is not adequate or safe for a tennis court. The proposed six'-foot fence would be an acceptable compromise. Article III, Section 100-31 restricts construction because of..lot coverage. The- ,proposed clay tennis court would only change .to current wood, weeds. and shrubs to a clear non-permanent clay surface yard. 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 The propery is a corner lot which therefore has two (2) front yards. This extremely limits, the amount of rear yard where accessories are required to be located. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There would be no permanent construction- (such as a building or -pool) . The variance would not change the character of the District. In fact, it would serve to enhance this tourist district and increase the property values. STATE OF NEW YORK ) ss ........ ... ...... .. ............................................ COUNTY OF ) Signature Sworn to this ............. �/ ............ day of.............Cam. ...... ......:............. 19 .•••• •.. •• Notary PublicCTORLA Q.. 140TARY PLMIC,MOO"Mr" Nm 52-1728100 Quaff ie6 In&&ak C 9 __Casio"Expires TOWN OF SOUTHOLD' ' PROPERTY- RECORD CARD OWNER = STREET VILLAGE DIST. SUB. V LOT CAt J S o N.. /�loareE sZq wr " `.FORMER OWNER :N E ACR. oRo Ah, W ELCf� S W TYPE OF BUILDING RES. +1� SEAS. VL " . FARM COMM. CB. MICS. Mkt. Value f ' LAND IMP. TOTAL DATE REMARKS ( _ IL8S 2. �I t�-c� ✓ / �G SOL,� ' 1.3 ,�Od, �� W�LCt� 0 C,IU LSaN DWI-' 06 d 1.5, f 414 7T Lb . Ne /b/kTz BLE) N1 Dw, cc. :moo 400 //o S �o �^ 0- G S6 4 l yourud oo/+-!'•e4JCe. - � .�► - ov 5 now `� '`� 3f/Sr( - m o baoa o to b8 'AGE BUILDING CONDITION NEW NORMAL = BELOW ABOVE FARM -Acre •Value Per Value Acre Tillable FRONTAGE ON WATER Woodland 'FRONTAGE ON ROAD Q . :Meadowland a . = DEPTH j :. House Plot �',Total_ DOCK t.- Am NOISE MEMEMIMEMS p E■■■E mom ■■■■■ONE■■■■■■■■■■■■■ NINON ONE■■■■■■■■■■ No mom mom■■■■■■■■■■■■■ IN ■E■ifMEME ■■■E ■■ NONEEMEMM ■■ _ ■■EENNIEEEENEEME■O ■NEE■E■O■■■ Tit LLL mom■■■■gra■uI■■m Nmom No No ON OON■ ■ME■■■N®I■OEE■®!�!EEEEENE■O■ ■ ■■■■E■ERNME■N NEE■ EEE NEON■■■■ ■■■■MUSOMMEW ONE 0 No ■ INUM ■ENE■■■■■■EN■EEE■ IN ONEEE■EN■■■E■e■eOE MEN EE■NEE = � ■iiEMEMME�■iii■i■E■E�EEEiiiii Basement .. ME M6 ,0 - • ® &ooms Ist Floor ;. ' Rooms 2nd Floor . _� '. - . SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. No4c : Lo-b -H%,;:- 99 'r-cycei- 40 "(Ylqt- C-/-, --:3 - 5ecric.wT A1101b No. -4-1757. STATEMENT OF INTENT 5c-n Ice: -10 '= I - - -- THE WATER SUPPLY AND SEWAGE DISPOSAL - 1"-,,500 447 SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE irorr pipe -5a,I-ri-4ck-®r , SUFFOLK CO. DEPT. OF HEALTH SERVICES. (S) APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL OF C) CONSTRUCTION ONLY DATE: L 128 H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: 0 . DIST. SECT. BLOCK PCL. 4") 1. 1 100Q 053 :71 OWNERS ADDRESS: �.� _ ` h1.69�G2`to"E. - f:,+n.�+ � r%j l�lE_LSGc�! r `re[, 76 5-3 6,:-::;8 DEED: L. Nl��a P. t-1 f TEST HOLE STAMP Unw1horized alteratJ01%or mdjition to the sur.--v is a Wo!qtlon of LIU otl e t5;�47pj/ aectr©n 720'2 of,the Nav4 yort F-d"ation Law. Its _j CC06S 0,%hir,survey mar>not boring <1 gar. the land sueveyor's inked spit W, amb-eod seal shalf not be considerod , jo to be a valid true copy, "Cr Guarantees indicated heman shOl run Qri!y to thenerson for whom the surver, -j PrOV3r8d,and on his behalf to the Is V-110 comrarm govemmen-ml agency ane. v - ) lordina in--titution liste.i hereon m3 y) I- - I i IL 10 the P-ssig—a of the landing inss- mcion.GUGranteas are not transferahjj* A 10 7i-Ne Pfu,78 -4t67 to vdditional institutions or subs"uent m"Ierz, C SEAL 001 Ljarai-tiee�d 4-0 4-hc J.151 cF NE ar-7d -!o 4-irm %nk as zurvexre-' clone 30, i979. A. IDCIIV-� `or- eleval-iot-ls RODER I�Ci5 VAN TUYJ�, P.C. Lo-r LICENSED LAND SURV -ORS L GREENPORT NEW YORK TRANSCRIPT OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variance to the Zoning Ordinance, Article III, Section 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with six-ft. high fencing in the frontyard. area and total lot coverage in excess of the maximum-permitted 20 percent. Location of Property: 1060 Moore' s Lane, Greenport, NY; County Tax Map District 1000, Section 33, Block 2, Lot 43. Present were: Chairman Gerard P. Goehringer; Charles Grigonis,. Jr. ; and James Dinizio, Jr. , constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki. ) Also present were: Linda Kowalski, Board Secretary, and approximately 40 persons in the audience at the beginning of the meeting. The Hearing commenced at 8:15 p.m. and the Chairman read the Legal Notice of Hearing for -the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl, P.C. dated June 30, 1979 indicating a one-story framed house and swimmingpool, wood deck and board walk. The swimmingpool is on the one side and the wood deck and boardwalk are in the rear. The proposed nature of this application is a fenced-in area to be used as a tennis court, primarily on the north side of the property and adjacent to Inlet Pond Road. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area, and I have letters of objection in the file. Are the Nelsons here? How do you do, Sir. CARL J. NELSON: We are here to answer questions per your request. I think the application speaks for itself. We're just requesting an opportunity to put in a non-permanent clay tennis court, private, which is not the only type we have in Southold Town now. You did make a correction on the typo there (six ft. ,r Page 2 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3777 - NELSON hearing, continued: ) MR. NELSON, continued: high fence, not ten ft. ) . I would also just call to your attention in the letter of objection of October 16th by Mr. Gillian. I believe he refers to some sort of restriction in the deed. I don't know that to be an accurate statement and �- you. should just consider that in your decisions. If you have any questions I might answer. CHAIRMAN: I just wanted to mention, Mr. Nelson, that as a matter of -- I really hate for people to leave here thinking that there' s a 50-50 chance, or a 40-30 chance, or you now, 70-30 chance, I realized that 40 and 30 don't add up to a- hundred (jokingly) . But sometimes there are these types of situations. We did have an application, and the particular applicant' s name does escape me, but it was on Arrowhead Lane in Peconic. And it was a very similar type of application to yours. The lot was maybe a little bit larger. The Board did see it to deny that application because of the excessive lot coverage. We did at that particular time indicate that the enclosure itself really did effectuate lot coverage, and we thought that particular amount was too excessive, too severe in the nature of the application. I'm not saying that that' s the way I feel at this time; but that was the most recent one that I can remember in a situation that was somewhat similar to this one, ok? And I just want you to be aware of the fact that there is a maximum that we usually go over in reference to lot coverage. Ok? MR. NELSON: I' ll leave that to your discretion. That' s why we' re here. CHAIRMAN: Thank you. Is there anyone else that would like to speak in favor of the application? (None) Anyone to speak against the application? Mr. Arnoff. HARVEY ARNOFF, ESQ. : Good evening. My name is Harvey Arnoff. I'm an Attorney from Riverhead. I'm also a resident of the Town. Addressing the application sort of in a cursory manner in the beginning, I have for the Board's consideration a petition signed by 45 neighbors opposing this, and I would like to read the petition,, It' s very brief. It said, "We, the undersigned residents of Stirling Eastern Shores, oppose the application Page 3 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3777 - NELSON hearing, continued: ) MR. ARNOFF, continued: of Carl and Ruth Nelson for a variance to construction a tennis court on their property at 1060 Moore' s Lane North, Greenport, New York for the following reasons: 1. the granting of this variance would be creating precedent in Southold Town by allowing the road setbacks to be eliminated on Inlet Pond Road and Moore' s Lane North. This plot is a corner one fronting on both roads. 2. Inlet Pond Road is presently only 20 feet wide and the fence proposed to enclose this tennis court would cause hazardous conditions to routine traffic, snow removal, road repair, and emergency vehicles. 3. If this variance is granted, this corner plot will be encompassed by recreational areas. It will contain their home and enclosed porch, decking and swimmingpool presently surrounded by a six-ft. stockade fence as well as the proposed 76 by 38 ft. tennis court, also to be enclosed by a six-ft. stockade fence, all this on a lot of less than one-half acre. The undersigned feel this application should be denied since the density of this lot will be unsightly and unwarranted in a residential area. Recreation of this type is certainly available elsewhere in Southold Town." So I 'd like to hand up this. It' s three pages long and there are 45 signatures on it with the addresses of the various people. CHAIRMAN: Thank you, Mr. Arnoff. (Received petition) . MR. ARNOFF: Now my recollection of the applicable law is that in order for there to be a variance, they must have some sort of hardship. In this instance it' s a completely self-imposed hardship by the Nelsons. They were the ones that built the house. No one else. They situated it in such a way as to put their swimmingpool right behind it and to leave themselves with large front yards. Had they moved their house in such a way, or position their house in such a way initially to allow for the expansion of a swimmingpool and/or tennis court, perhaps the opposition of the neighborhood would not be as great. But I think under the circumstances, I think there is clear opposition by virtually everyone in the neighborhood. It is certainly not consistent with the neighborhood either. I don't believe if the Board chooses to tour the area, that there' s any swimmingpool or tennis court in anyone' s front yard. Which is exactly what' s r. k` Page 4 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3777 - NELSON hearing, continued: ) MR. ARNOFF, continued: desired here. The question crossed my mind as I drove out -- I was in Hauppauge all day and I was coming out here that had the Nelson' s decided they liked golf, would they be here for an application for a golf course in the front yard. There has to be a time when the Board says enough to. the recreational use of one's own property at the expense of the neighbors. And I think this is one of those instances where this application should be denied. There is one other thing, and Mr. Nelson mentioned it. There have been, up until 1984 covenants and restrictions. And this application would have been barred by the covenants and restrictions in everyone' s deed. However, in 1984, the application merely on fences along, and those covenants and restrictions did in fact expire as a matter of law -- or at least I am lead to believe they expired. No one has said they still exist. However, the spirit and intent of those covenants and restrictions is shared by at least 45 people who have chosen to place their names on this petition. And I think for all those reasons, the application should also be denied.. Thank you. CHAIRMAN: Thank you. Is there anybody else like to speak against the application? Anything in rebuttal, Mr. Nelson? (None) Hearing no further comment, I ' ll make a motion closing the hearing and reserving decision until later. Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, the hearing was declared concluded (closed) , pending deliberations and decision at a later time. Re pectfully submitted, inda .�Ko alsk`i, Secretary Southold Town Board of Appeals September 19, 1988 P.O. Box 373 Greenport, NY 11944 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, NY 11971 Dear Mr. Goehinger.: I am in receipt of your letter dated September 14, 1988. As per your request I am furnishing you with the following information according to my best estimate. A) The total square footage of lot coverage by all structures together with area encompassed within the fence enclosure is 9,335 square feet. B) The percentage of lot coverage in relation to both the rear yard area and the total lot area: 1 ) percentage of lot coverage in relation to the rear yard = 57% 2) percentage of lot coverage in relation to total lot coverage = 48% Should you have any- further questions, please do not hesitate to call my office at 477-1950. Cor 'all , Car J. Nelson CJN/maw �UF rJC�-�� V. Southold Town Board of Appeals v MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December 9, 1988 Mr. and Mrs. Carl J. Nelson P.O. Box 373 Greenport, NY 11944 Re: Appeal No. 3777 - Variance .for Tennis Court Dear Mr. and Mrs. Nelson: Transmitted for your records is a copy of the official findings and determination rendered by the Board of Appeals in the above matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decision to: Harvey A. Arnoff, Esq. Office of the Building Inspectors A.. STIRLING EASTERN SHORES ASSOCIATION, INC. '/ Box 151 10 /' 2 _ Greenport, New York 11944 October, 1988 We, the undersigned, residents of Stirling Eastern Shores oppose the application of Carl and Ruth Nelson for a variance to construct a tennis court on their property at 1060 Moores Lane North, Greenport, N.Y. for the following reasons: 1. The granting of this variance would be creating a precedent in Southold Town by allowing the road set-backs to be eliminated on Inlet Pond Road and Moores Lane North. This plot is a corner one fronting on both roads. 2. Inlet Pond Road is presently only 20 feet wide and the fence proposed to enclose this tennis court would cause hazardous conditions to. routine traffic, slow removal, road repair and emergency vehicles. 3. If this variance is granted this corner plot will be encompassed by recreational areas. It will contain their home and enclosed porch; decking and a swimming pool presently surrounded by a 6M stockade fence, as well as the proposed 76' by 381 tennis court also to be enclosed by a 6' stockade fence. All this on a lot of less than one-half acre. 4© The undersigned feel this application should be denied since the density on this lot will be unsightly and unwarranted in a residential area. Recreation of this type is certainly available elsewhere in Southold Town. NAME C?�-�- ADDRESS� 4 NAM DDRESS 0) f — NAM R a DDRESS NAME r DDRESS ( { < < << NAT-IE ��- NAME ADDRESS NAM.2 —ADDRESS- ,ik��g ,�-' Ce- C N o --A DDRESS + NAM c- ADDRESS h , NA�1Ec--��� p�-Pit���-�� ADDRESS y' NAIvIES/�a ADDP,ESS !!/ `I' continued �n� Petition of Stirling _stern Shores Association, : ,c. Page 2® Name Address Name Address 0 -- Name Address �/ c Name Address d 1yAa 'CzC)OC" Name Ad ress Name Address T am e Address hw Name Address N � Address �a®o ,�Y►�[ �w�.� n.� gam` a'�, Nameu, �/ �iUc Address/,!97G ltfi�.�Z �7 ' G Tame OV Address D 4-1 76 e2a a ge V j-'a u fir tZ' -e No �`L f STIRLING EASTERN SHORES ASSOCIATION, INC. Box 151 Greenport, New York 11944 October, 1910"0 :e, tiie undersigned, residents of Stirling Eastern Snores oppose the application: of Carl and Ruth Nelson for a variance to construct a tennis court on their property at 1060 P''oores Lane north, Greenport , .i'. for the following reasons: 1. _'i:e gra.zting of t,ii s variance ,:ould be creating a tsecedent in S)out "old To•:rr_ by allowing the road set-bac s to be eliminated on Inlet Pond Toad and _-.00res mane :orth. -Phis plot is a corner one fronting on both roads. 2. Inlet Fond Toad is presently only 20 feet wide and the fence proposed to enclose this tennis court =sould cause :iazardous conditions to routine traffic , szovr removal, road repair and emergency vehicles. If this variance is granted this corner plot vlill be encompassed by recreatior_al areas. It will contain their horse and enclosed porch; dec :ing and a swimming pool presently surrounded by a 6' stoc:ade fence, as :yell as the proposed 76' by 381 tennis 6 court also to be enclosed by a ' stockade fence. All this on a lot of less th n one-half acre. 1; T' he undersigned feel this application should be denied since the density on t::i s lot '..i11 be unsirrlitly and un:'.arranted in a residential area. 2ecreation of this type is certainly available else,: here in Sout _old o n. IV6Jul 19DD12e Ss , �—o wo j l 1 MR.&MRS.WILLIAM L.SCHROEHER Box 608 Greenport, New York 11944 September 30, 1988 Mr. Gerard P. Goehringer Southold Town Board of Appeals Town Hall, Main Street Southold, N.Y. 11971 Dear Members of the Boars: It has come to our attention that our neighbor, Mr. Carl Nelson, has requested a variance to enable him to construct a tennis court on the north side of his lot on Moores Lane North and Inlet Pond Road, Greenport, N .Y. The stakes outlining the site for this proposed tennis court show it to be a minimum of 5-6 ft. from Inlet Pont Lane and perhaps 15 ft. from Moores Lane North. This corner half-acre plot already contains his home, a swimming pool and a 6 ft. stockade fence. Vie feel adding anything more would be appalling. We hope you will consider the rights of the other property owners in Stirling Eastern Shores and deny this variance. This type of density certainly should not be allowed in any residential area of Southold Town. Yours truly Caroline Schroeher William L. Schroeher (525 Greenhill Lane')% Franco se Tom 5o W.Ic Astorr� Killian architects NEW�'ORIK,N�' 10025 :>- ! Bollag 212.222 3G52 U: rf i Board of Appeals Southold Town Hall Main Road, S.P. 25 Southold, N.Y. 11971 Dear Sirs and Mesdames: I have learned that my neighbors, Carl and Ruth Nelson, on Inlet Pond Rd. in Greenport are seeking a variance to built a tennis court with a fence on the proerty line. I would like to request that this variance not be granted since the purpose of zoning regulations is to maintain uniformity, and in the case of Greenport to preserve the rural/small town character. once a variance is granted it becomes easier for each succeeding variance until the law has no meaning. No one can claim he needs a tennis court. Furthermore what he is requesting is specifically forbidden by a deed restriction which cannot be revoked. Thank you for your kind attention. Sincerely yours, 16 October 1988 .,��- Four O�n. rim. yob Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ,a GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI September 14, 1988 Mr. & Mrs. Carl Nelson 1060 Moore' s Lane Greenport, NY 11944 Re: Appeal No. 3777 - Variances Dear Mr. & Mrs. Nelson: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. It is requested in the interim that you furnish the follow- ing information for the record: �. � (a) the total square footage of lot coverage by all structures together with area encompassed within the fence enclosure. 'b (b) the percentage of lot coverage in relation to both the rear yard area and the total lot area. / Upon the receipt of the above we would expect that the hearing will be held as indicated to you within four to six weeks . A copy of the legal notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation following a resolution adopted by the Board. Please feel free to call at any time if you have any questions. 3bery truPry,,ydu Vs, GERARD P. GOEHRING_ ER �✓ CHAIRMAN tr o��FFo��oG o y Southold Town, Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD October 26 , 1988 MEMBERS 1 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION RGBERT j. BOUG SS JOSEPH H. SAWICKI Notice of Determination of Non-Si nificance James Dinizio, _ Jr. APPEAL NO. 3777 . PROJECT NAME: CA' L' 'J'.' AND' 'RUTH' V. N'E'L'S'ON 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 n44-4 of the Town of Southold. This board determines the within project not to have a sigAifi- 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: i ":] Type II [KY) Unlisted [ ] Exempt DESCRIPTION OF ACTION:Construct tennis court with 10 ft. high fencing in the frontyard area and in excess of the maximum-permitted 20 percent, total lot coverage LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1060 Moore' s Lane., Greenport, STY 33-2-43 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to. flooding which amy be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me 9 STATE OF NEW' �) SS: - COUNTY OF SUFFOLK) Christina Conten+ Q of Mattituck, in C said County,being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for i weeks successively, commencing on the 20 day of October 19 88 -ou(�,jnr - Principal Clerk ` Sworn to be re me this '12 . MARY K.DEGNAN day of RY PUBLIC,State of New York �Sufiolk County No.419 rv'!� �� r".m.CvnirPS Feb[ua z•. • NY County Tax Map Ihstnct 1000 percent Location of Property: 1060 store uses,all as shown on.the Au Le�a� Notices Section 87,Block 3,Lot 8 .: c Moore's Lane,.Gteenport,NY;East- gust 4�1988 Site Plan. 7:45 p.m. Appl.'.No. 3772 } em'Shores Subdivision, Section•3, Appl.1`10.3782-variance to thee. JOHN G..PHII,IPPIDES -Variance dot 99; County Tax Map District . Zoning Ordinance,.Article VIII,Sec NOTICE OF HEARINGS the Zoning Ordinance,Article XI, Section 33,_Block 2,Lot 43. 2 lion 100 80 for permission to convert NOTICE IS HEREBY GIVEN, Section 100-1192 for permission to 8:05 p.m. Appl.-'No.. 3786' - yi existing boil�'+B to retail(grocery) pt;�ttuant to ction 267 of the Town construct deck addition at rear of ex- MARION SACCONl. Variance to store.which is not lismdaI a pemtit- Law and the Code of the Town of ,misting dwelling with an insufficient the Zoning OrAinance, Article III, led use in this"C-Light In " Southold,the following hearings wr71 setback from existing bulkhead. Lo Section 100-30,�or permission one to re- -'`Zone District; in addition to the be held by the SOUTHOLD TOWN. cation property: South Side of Old place nonconfornung trailer with new existing sales use(of gasoline and BOARD OF APPEALS at a Regular .Cove Road,Southold,NY;County single-family dwelling,in addition to diesel)andproposed new bur7ding far Meeting at the Southold Town Hall,' ; Tax Map District 1000,Section 52,. the established d elling structures and automobile servicing. Main Road,Southold,NY 11971,on ' t,Block 2,•Lot 10.1. uses.Location o Property: 66075 ~ 8:30 p.m. Appl. No. 3708 - WEDNESDAY OCTOBER 26.1988 -7:50 p.m. •.App1. No. 3785SE C.R 48,Greenpo 'NY;County Tax DAVID WALKER/I IJRTLE ASSO- at the following times: RAYMOND NINE and CHARLES Map District 1 Searon 40,Block CIATES. Variances to the Zoning 7:30 p.m. Appl. No. 3173 ZAHRA. Special Exception to the 2,Lot 7. Ordinance,Article III,Section 100- v GRETCHEN R HIIGL Variance to. ;;'Zoning Ordinance,Article III,Section 8:10 P.M. A pl Flo:"3762 - 3l,for approval of parcel as exists the Zoning Ordinance,'Article III, 100-30B(16) for permission to es ROBERT G. . IUD;;};;DIANNA _ '`with insufficient lot area and width Section 100-31.for permission to tablish"Bed and Breakfast Use,""an BAKER. Bed and areakfastproposal, and more particularly described in connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau AVehue,Southold; Deed at Luber 8721 page 433 dated sufficient setback from the hotel,where lodging and breakfast is 1000 55-6-9. (Reccs•'sedfran October. .'.',October 25,1979,having been set-off south(westerly)property line. Loco- provided for not non than six casual, .6,.1988) without Planning Board approval. lion of Property: Private Right of transient roomers,and renting of not 8:15 p m. . O�$i A. ...Location.of Property: 1300 Way extending off the North Side of- _ more than three rooms. Location of STOCKEN/M.dt •AUTO; INC. Marratooka Lane, Mattituck, NY; -Soundview Avenue,Southold,NY; `" ''Property: North Side of New Suffolk Location of Property:-'-South Side of County Tax Map District._1000,: County Tax Map District 1000,Sec Avenue,Mattituck,NY,County Tax Front Street(Route;VD,Greenport, Section 115, Block 3, Lot,18.3 lion 68,Block 1,northerly part of Map District 1000, Section 114, NY;County Tax Map District 1000, (previously part of 18.2). s' Lot 14(now 14.1).. lock 11.Lot 20. " Section 45,Block The Board of Appeals will at said 740 p.m., Appl. No. 3784 - 7:55 p.m.. AppL No. 3777 Appl.No. 37835E—Special Ex ;time and place hear any and all per- JAMES YOUNG. Variance to the CARL J.AND RUTH V.NELSON ception to the Zoning,Ordinance,Ar- sons or representatives desiring to be Zoning Ordinance,Article III,Section Variances to the Zoning Ordinance, title VIII,Section 10Q 80 for expan- heard in each of the above matters. 100-31 for permission to construct Article III,Sections 100-31 and 100• sion of the.present property by the Written comments may also be sub addition to dwelling with insufficie 32,and Article XI,Section 100-119.1 addition of a new building to be uti- mitted prior to the conclusion of the front yard setbacks from the westerl for permission to construct tennis lined for the existing automobile ser subject hearing.Each hearing will not and southerly property lines.I.ocati court with 10-ft high fencing in the vice station and public garage, in start before the time allotted. For. of Property:NEls Mimtehaha Boole- frontyatd area and total lot coverage in addition to the continued sales of more information,please call 765- vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 gasoline and proposed retail(grocery) y' 1809. I'-0/..:-.� 'ti4:.' A.i I.L4M.r�e t:s:aC.t / .') ! •:1 -ale f P.V✓...1�+� : I �G�40.��\ - .rx b JET W �_ In. . •i - Dated:October 6.1988. .- BY ORDER OF r THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P.GOEHRINGER,; By Linda Kowalski.. 6087-ITOM GIVEN, pursuant to Section COUNTY OF SUFFOLK - 267 of the Town Law and the --ATE OF NEW YORK ss: Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the at a Regular Meeting at the Southold Town Hall, Main Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County; .'.: WEDNESDAY OCTOBER 26, and that the notice of which the annexed is a printed copy, 1988 at the following times: has been published in said Long Island Traveler-Watchman 7:30 p.m. Appl. No. 3773- once each week for . GRETCHEN K. HEIGL. Vari- /. . . . . weeks ance to the Zoning Ordinance, Article III, Section 100-31 for successively, commencing on the -Permission to connect deck to ' ' ' • • • • ' porch,.leaving an.insufficient - setback from the south(westerly) day . , . . 6�1141 , 19 � property line. Location of Pro- : _. perry: Private Right-of--Way ex- tending off the North Side of � �./. . . . . . . . . . . ' Soundview Avenue, Southold, 8.I0 p.m.•APP1• No:3?b�. NY, County Tax Map District ROBERT G: and. DIANNA 1000,Section 68,Block 1,north- BAKER. Bed and Breakfast erly part of Lot 14 (now 14. proposal, 2900 Boisseau Ave- - nue,Southold; 1000-55-6-9. (Re- d 7:40 p.m. Appl. No. 3784 cessed from October 6 JAMES YOUNG. Variance to 1988). day of the Zoning Ordinance, Artic 8:15 p.m.JOSEPH A.STOC_ III, Section 100-31 for permis= KEN/M&N AUTO,INC.Loca- sion to construct addition to tion of Property:South Side of ' 19 . dwelling with insufficient front. Front Street(Route 25),Green- yard setbacks from the westerly Port,NY County Tax Map Dis- and southerly property lines. trict 1000, Section 45, Block 6, Lot 5: Location Property: Minnehaha at Boulevard at � APPI• No. 3783SE-Special LY Exception to the Zoning . ""Laughing Waters;" Southold, g Ordi- ry Public NY; County Tax Map District Hance, Article VIII, Section 1000,NY; Section 87,Block 3,Lot 8. 100-80 for expansion of the pre- RA A. SCHNEI CER sent property by the addition of UBL1C, State of New Yoe, '7;45 P.M. Appl. No. 3772- _ a new building to be utilized for No. 4806846 JOHN G. PHILIPPIDES.Vari-. the existing automobile service ied in Suffolk Corr y _ance to the Zoning Ordinance, Article XI,Section 100-119.2 for station and public garage,in ad- sion Expires g13//jv dition to the continued sales permission to construct deck ad- gasoline and of proposed retail dition at rear of existing dwell- ing with an insufficient setback (grocery)store uses,all as shown from existing bulkhead. Loca- on the August 4, 1988 Site Plan. tion of Property:South Side of Appl. No.3782-Variance to Old Cove Road,Southold, NY; the Zoning Ordinance, Article .. County (grocery)store,which is Tax Map District to retail(gr1000, VIII,Section 100-80 for permis-' Section 52, Block 2, Lot 10.1. sion to convert existing building ,. - 0 p.m. Appl. No. 3785 (. SE-RAYMOND NINE and not listed-as a permitted use in CHARLES ZAHRA. Special this "C-Light Industrial"Zone Exception to the Zoning Ordi-• District,in addition to the exist-., Hance, Article III, Section •' ing,sales use (of gasoline and nceB116] for permission to diesel)and proposed new build- .100-30 establish "Bed and Breakfast ing for automobile servicing. Use;'"an owner-occupied build- 8:30 p.m. Appl. No. 3708- ' ing,other than a hotel, where DAVID WALKER/TURTLE ASSOCIATES.Variances to lodging and breakfast is provid- the ed for not more than six casual, Zoning Ordinance, Article 111, transient roomers, and renting Section 100-31, for approval of of not more than three rooms. Parcel as exists with insufficient Location of Property: North lot area and Width and more Side of New Suffolk Avenue, Particularly described in Deed at Mattituck, NY County Tax Liber 8721 page 433 dated Oc- tober .. Map District 1000,Section 114, tober 25, 1979,having been set- :r Bl ck 11, Lot 20. off without Planniag Board ap- proval. Location of Property: 7:55 p.m. Appl. No. 3777-CARL J. and RUTH V. NELr 1300 Marratooka Lane, Matti- tuck,NY;County Tax Map Dis- SON. Variances to the Zoning trict 1000,Section 115,Block 3, 18.2) Ordinance,Article 111,Sections Lot 18.3 100-31 and 100-32, and Article (Previously part of . XI,Section 100-119.1 for permis- The Board of Appeals ll ai sion t onstruct tennis court said time and place h arany�and with 0-ft high fencing in th all persons or representatives de- frontyard area and total lot siring to be heard in each of the coverage in excess of the maxi- above matters. Written com- mum-permitted 20 percent. ments may also be submitted Location of Property: 1060 prior to the conclusion of the Moore's Lane, Greenport, NY subject hearing. Each hearing Eastern Shores Subdivision, will not start before the time al- Section 3, Lot 99; County Tax lotted. For more information, Map District 1000, Section 33, please call 765-1809. Block 2, Lot 43. Dated: October 6, 1988. 8:05 p.m. Appl. No. 3786- BY ORDER OF MARION SACCONE.Variance THE SOUTHOLD TOWN to the Zoning Ordinance,Arti- BOARD cle III,Section 100-30, for per- OF APPEALS P GERARD P. GOEHRINGER, mission to replace nonconform- f ing trailer with new single-family CHAIRMAN BY Linda Kowalski dwelling, in addition to the es- tablished dwelling structures and 1X, 10/20/88 (3) uses. Location of Property: 66075 C.R.48, Greenport, NY; County Tax'Map District 1000, Section 40, Block 2, Lot � tia; � r . � �...{FSouthold Town Board of Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBE�i-�--J�B60G�:A&S JOSEPH H. SAWICKI James Dinizio, Jr. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN SS " :� Southold Town Board of Appeals •-��� .�.:a:;: � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROSERT i, nl UG4� JOSEPH H. SAWICKI James Dinizio, Jr. List of Mailings Hearings for October 26 , 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive, Huntington Station, NY 11746 Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine 1830 Pike Street, Mattituck, NY 11952 Mr. and Mrs. Carl J. Nelson P.O. Box 373 , Greenport, NY 11944 'Mr. and Mrs. William L.. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 ➢�ha�-1--��tri3y J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as Attorney for Marion Saccone as Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23 , Suite 3 , Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 L.I . Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files r'71 a r y �wrt z Lr' `w"I Town Hall, 53095 Main Road r;�,•.. ::.,k .s..."� P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk bated: August 30, 1988 Transmitted herewith is Zoning Appeal No. 3777 application of Carl J. and Ruth V. Nelson for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of .Disapproval from the Building Department.; survey of property; and any other attachments relative to this application. • Judith T. Terry gnllthn1H Tnwn rlark low, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th3LUIis the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a LyaLiance (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adiacent to yo r ro ert and is des- cribed as follows. corner of 1060 Moores Lane North and 1120 Inlet Pond Woad, G�reenport 3. That the property which is the subject of such Petition is located in the following zoning district: Southold Town, Suffolk County, Tax Map No. 1000, Sec. 33, Block 2, Lot 43 4. That by such Petition, the undersigned will request the following relief: for the purpose of constructing a clay tennis court and six-foot stockade fence. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III.XI Section I00-32, 100-31T 100=1191A [ ] 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 appea/,and be he�ardd at such hearing. Dated "'U Petiti0 er Owners ' ames : Carl J. & Ruth V. Nelson Post Office Address Post Office Box 373 ArPPn_nQox±, NPw York 11944 Tel No . (516 ) 477-1305 (home) 477-19,50 (business) [Copy- o,f sketch or- pJ,,,an showing proposal to be attached for convenience purposes . ] r PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS John Tsigonias 181 Monroe Street 33-2-44 Franklin Square, NY 11010 William G. Hempel Jr,. & Wife P.O. Box 535 33-2-45 East Marion, NY 11939 Richard Musich & Ors. 24-23 Parsons Boulevard 33-2-42 Whitestone, NY 11357 STATE OF NEW YORK )' ss.: COUNTY OFSUFFOLK) 4,14A�. A/e residingat Cry2�eo� o,ttc , o�l� f 19 y k being duly sworn, deposes and says that on the ?_ day of AU 6V.S'F ,.19 $k , deponent mailed a true copy of the Notice set forth on theye- verse sidd 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 Gf_r;:r,) an.-LT nt t t9 y`) ; that said Notices were mailed to each of said persons by Ccertifie (registered).ma.if. Sworn to Wore me this clav of 19 d tee( Notary Public MCTQM Q.MAKY NOTARY PU@M Stye Of Naw retic Na 62-1728100 a a ° (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) ,14.16-4(2187)—Text 12 ' PROJECT I.D. NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1.Carl LIS. e�sos% Ruth V. Nelson 2. PROJECT NAME 3. PROJECT LOCATION: Municipality Green port County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 1060 Moore's Lane North 1.120 Inlet Pond Road 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construction of a clay tennis court and six-foot stockade fence 7. AMOUNT OF LAND AFFECTED: Initially 110'x50' acres ultimately 110'x50' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes M No If No,describe briefly Variance required for Article III,Sec. 100-32 & 100-31 and .Article XI, Sec. 100-1191 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 13 Residential ❑Industrial ❑Commercial ❑Agriculture ❑ParklForest/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 EgNo If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT 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 PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes Eg No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor danx Carl J. Nelson and Ruth V. Nelson Date: Slgnature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, . and an environmental review will be made by this i)oard 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? _YesNO 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on an existing body of water? _Yes �No 4. Will project have a potentially large impact on groundwater quality? _Yes _LNo 5. Will project significantly effect drainage flow on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes },No 7. Will project result in a 'major adverse effect on 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 _2S.No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes _,XNo 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 kNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes _No 13. Will project have any impact on public health or safety? _Yes _No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes _No period or have a major negative effect on the character of the community or neighborhood? 15. Is there publ' controversy concerning the project? _yeSjo Preparer's Signature: Representing: �/1/Z p�U7`i % Y J� Date: ZBA 9/75 QUESTIO-NNAIRE TO BE COMPLETED AND SUBMITTED L)KTII YOUR APPLICATION FOMS 'PO ` 11E Bo.,-M OF APPEALS Please complete, sign and return tol,. 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 b)Are there any areas open to a waterway without bulkhead? Yes <93> 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Ye No ttAc'L.ro 'SUY ve 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? - State total: ft. Yes 6. If project is .proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . .. .6 ft. Yes �� 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes d 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 (&P Town Board Yes Town Trustees Yes OP County Health Department Yes Village of Greenport Yes N.Y.S .D.E.C. Yes > Other Yes M-) 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes Qo 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 40 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 13. Please list present use or operations conducted upon the subject property at this time 4(617/e__ and proposed C/a_, te4„l„� Oo(jri )?ecru-h6.-I Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance the Board of Appeals in considering my application. Sign re % (Property Owner) (Authorized agent 1/88 WETLANDS [A`rnended 8-26-76 by L.L. No. 2-1976; .3-26- 85 by L.L. N'0,6-19851: A. TIDAL WETLANDS: (1) All lands generally covi.red or intermittently cov ercd-with, or which border on, tidal wati.rs, 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, boKs, 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, Kroundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: �1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and - (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection BM and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." a R ( 9705 2.25•HS i FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . .Z 1 447.5 . . . . . . . . Date . . . . . . . . . . .June 4 1986 . . THIS CERTIFIES that the building . . . . . . i n g r 0 u n d , p o 01 , , . Location of Property 1060 Moore ' s Lane No Greenpgrt House No. Street Hamlet County Tax Map No. 1000 Section . . . . . 3.3 . . . .Block . . . . . . . .2 . . . . . .Lot . . 4 3 . . , . . . Subdivision . E a s tern Shores Sect .3 Filed Map No. 4 4?5. . .Lot No. . . . .99. . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . F e b r u a r y 2 0 19 8 6 pursuant to which Building Permit No. 1 4 61 8 Z . . . . . dated . . . . . . .March 6 . . . . . . . . . . . . 19 8.6• • • ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . , Accessory, inground , pool : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . .C A R L J & R U T H V NELSON of the aforesaid building. Suffolk County Department of Health Approval . . . . ... . . . . . . . .V A, , , , , , , , . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . VA 2 7 35, Building Inspector Rev.1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. .Z9639. . . . . . . . . . Date . . . .August. 15. . . . . . . . . . . . . . . . . .. 1979. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1060 .Moores Lane North Location of Property Ho*use 0. Z�jot. 'Pond Road . • • Street. . . . .. . . . . . . . . . . . .Gr.ete�por. . . . County Tax Map No. 1000 Section . Q3.3 . . . . . . .Block . . . . . . . . . . . . . .Lot . . . . . .43. . . . . . . . . Subdivision .Eastern Shores. . . .Sec,., .3. . .Filed Map No. . . . . . . . .Lot No. .9.9 . . . . . . . . . conforms.substantially to the Application for Building Permit heretofore filed in this office dated August. 1A . . . . . . . 1979. pursuant to which Building Permit No. . . . .10188,Z . . . . . . . . . . . dated . . April, .19. . . . . . . . . . . . . . 19 .7.9,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . One , . ...fam ]�y, dw.��1,ng.with. accessory. . structure . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . ,Carl. .7• . and Ruth V. Nplsorl . . . . . . . . . . . . . . . . . . . . . (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . Jury. 5., . 19.79 . . #9-SO-3.3 . .R—A. .Vi-11a UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . .44396.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . B ' ding Inspector Rev 4179 BOARD OF ;ALTH . . . . . . . . . . . . 3 SETS OF PLANS . . . . . . . . . . . . FORM NO. 1 SURVEY . . . . . . . . . . . . . . . . . . . . . TOWN OFSOUTHOLD CHECK . . . . . . . . . . . . . . . . . . . . . . BUILDING DEPARTMENT_ SEPTIC FORM . . . . . . . . . . . . . . . . TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY t c TEL.. 765-1802 CALL Examined . .a. �7. . . . . . . MAIL TO , 19� Approved . . . . . . . . . ... . .1 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . • .(Buildin g Inspector) • . . APPLICATION FOR BUILDING PERMIT Date August 17. . . . . . . . .. 19 88. 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, buil ing code, housinti code, and regulations, and to admit authorized inspectors on premises and in building for necessary in S. Sig tureoi'applicant, or name, if a corporation) .?:9..�4x.3Z3, CreenRgrta .NY ,1,1944 . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises Carl J:. & Ruth V. Nel son . . . . _ • . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . (Name and title of corporate officer) Builder's License No. .Sea Breeze, Tennis. Zpc... (proposed) 734-6586 Plumber's License No. .R/A , , , , , , , , , , , , , , , , , , , , Electrician's License No. N/A . Other Trade's License No. N/A I. Location of land on which proposed work will be done. . Moores Lane North & Inlet Pond Road 1060 Moores Lane North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House Number Street . . . . . . . . . . . . . . . . . . . , , Hamlet County Tax flap No. 1000 Section 033 , , . . Block . . . . . . . . 43 . . . . . . . . . Lot . . . . . . . . , . . . . . . . . . Subdivision . . . . . : . . . . . . . . .N/A . . . . . . . . . Filed Map No. N/A, Lot N/A (Name) . . . . . . . . . . . . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy One Family Dwel 1 i ng b. Intended use and occupancy . . , Same.with tennis court and fence • . f 3. Nature of work (chec _ ;tich applicable): New Building . . . . . . . . . . Addition . . . . . . . . . . Alteration Repair . . . • . , , Removal . . , • Demolition X ' ' ' ' • Other Work . Cl ay tenni s court and 6' stockade fence as per attack survey (Description) 4• Estimatcd.Cost . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5• If dwelling,number of dwelling units . . . . . • • • • • • . . . . Number of dwelling units on each floor . . . . . . . . . . If garage, number of cars 6• If business, commercial or mixed occupancy, specify nature and extent of each•type.of use . • .7. Dimensions of existins structures if an ' ' ' ' • • • • • • • • • • • • • • . Height . . . . . . . . . . . . . Y: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . ... . . . . . . . . . . .. Number of Stories . . . Dimensions of same structure with alterations or additions: Front . . • • • • • • • • • ' ' ' ' ' ' Depth . . . Iiciglrt Rear . . . . . . . . . . . . . . . . . . . Number of Stories . 8. Dimensions of entire new construction: Front • • • ' ' ' ' ' ' ' ' ' ' Heiglit . . . . . . . . Nu . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . ber of Stories 9. Size of lot: Front " " " " " ' • • • • • • • • • • • • • • • • • • • • • • • . . . . 10. Date of Purchase Rear . . . . . . . . . . . . . . . . . . . . . . Depth. . . . . . . . . . . . . . • . . . . . . . . 11. Zone or use district in which • • ' ' ' ' • • • • • Name of Former Owner . . premises are situated . ' ' ' ' ' • ' ' ' 12. Does proposed construction violate any zoning law, ordinance.or.regulation:. • . . 13. Will lot be regraded • • • . . . . . . • - • • • . . . . . . . . . . . 14. Name of Ow .Carp & Ruth Nelson• ' ' Will a cess llg be removed from premises: y • . No Owner of premises . Address ox 33, Gr,eenport 4.77=1369 (R) Name of Architect NSA • .Address . . • NSA ' 'NY• Phone No. 477=T950 '('B) ' ' Name of Contractor V/ . . . . . . . . . . . . . . . ' N%A. . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . 15. Is this " " • • •" " • • • • • Address . . . . . . . • . . . . • • • • •.. PhoneNo. 'property loc ated within 300 feet of a tidal •wetland? .^YES•.•. . .NO.X • *If yes, Southold. Town .Trustees Permit . may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or property lines. Give street and block number or description according todeed, and howrstreecate t namesand indicate whether interior or comer.lot.; Clay tennis court and 6' stockade fence as per, attack plan STATE OF NEW ORI', COUNT F . S.S ' 'signi • •contract) • • . . . , being duly sworn, deposes and says that he is the applicant (Name of individual ng above named. / ie is the . . . . . . . . . . . .. . . . . . . . . . . . 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 pplication; that all statements contained in this application are true to the best of his knowledge and belief;and that the pork will be performed in the manner set forth in the application filed therewith. worn to before me this . . . . . . . . ./ 7. . 19 . . . . . . .day of. . . . . . . .Cam:-�--���-� c� ota Public, . . . . • .. . . . . . . . . . . . County 9 UNDA A COOPER -/ • . ' ' ' ' • • • • • . . . j Notary Public,State of New York �/ No.4822563,Suffolk Cou k nty tt �o (Si;nature of applicant) Term Expires December 31, 19_ �• WCB2 7 CONSULT YOUR LAWYER BEFORE SIG I THIS INSTRUMENT—THIS INSTRUMENT SH )BE USED BY LAWYi,, OidLY. LiHR 8582 ew 572 THIS INDENTURE,made the 2nd day of February , nineteen hundred and seventy—nine BETWEEN DOROTHY G. WELCH, residing at 286 Cenacle Road, Lake Ronkonkoma, New York party of the first part, and CARL J. NELSON, and RUTH V. NELSON, his wife, both residing at 1025 Albacore Drive, Greenport, New York . party of the second part, * WITNESSM,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, DIST. ALL. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 1000 lying and being i1Kthcx near Greenport Village, Town of Southold, County of Suffolk and State of New York, designated as Lot #99 onia certain -map the office oentitled, "Map he Clerk of of Eastern Shores at Greenport, " Section 3 , filed SEC. the County of Suffolk on 9-27-65 as Map #4475. 033.00 TOGETHER with beach rights and accessthereto as described in grant made by BLK. H.J.S. Land and Development Corp. and J.M.S. Land and Development Corp. to 02.00 Eastern Shores, Inc. , dated the 17th day of March, 1965 and recorded in the office of the Clerk of the County of. Suffolk on 3-18-65 in.L. 5716 P. 16. LOT 043.000 G. BEING AND INTENDED TO BE the same premises conveyed to the Party of the First Part by deed dated the 25th day of March, 1971 and recorded in the office of v.\ the Clerk of the County of Suffolk on the 31st day of March, 1971 in Liber No. 6907, page 416. E.IVE R'EC --------1 = -- REA�L ESTATE 23111 FEB 15 1979 TRA'N!S'PIM TAX SU,PPOLK CO'U'•N I"Y 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 1-101-1) the premises herein granted unto the party of the second part, the heirs or successors and assigns of CD the party of the second part forever. rg,► 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 payment of the cost of the improvement before using any part of the.total of the same for any other purpose. The word "party" sliall be cons rued as if it read "parties" whenever the sense of this indenture so requires. 1.N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: YDOR—OT—HY ELCH • nr FACC STATUVA Y RK, COUNTY OF Suffolk ss: STATE OF NEW YORK, COUNTY OF ss: On the 2nd day of February 19 79 before me On the day of 19 before me personally came personally came DOROTHY G. WELCH to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrumen and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same, executed the same. NOTARY PU LIC e1 ZRAND York PI(gARY P11p1.1C. ;;alc of Plow llo.y'T.�91 Suffolk County. Sean C P re I.etch 304 1984 STATE OF NEW YORK, COUNTY OF is: 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 surl., 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. Pargain attb fate 3Meeb SECTION WITH COVENANT AGAINs'r•GRANTOR•s Ams TITLE No. BLOCK LOT COUNTY OR TOWN TO Recorded At Request of ilk RETURN BY MAIL TO: Recorded By: W-11FE TITLE INSURANCE Company of New York Robert W. Tasker, Esq. 127 W.Main street ! Riverhead, N.Y.11901 425 Main Street ec Greenport, New York Return to: zip Nu. 11944 916 `Ll O 0 1 N of s W V t 6 h W ---- _~--- -. � - ' . W.Li ----|~~-'- --^-�~~ � �^~- �� | |'~��N� | '-- ''~~~ '' '~~ ~~`"~ "»="' 4k t 7y��r�M I f�f. '• . ' '� �F'i' �A • yfY