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HomeMy WebLinkAbout3997~ .~??? o�OgUFFOI�-C O APPEALS BOARD MEMBERS o '6 SCOTT L. HARRIS CIO ,, T Supervisor Gerard P.Goehringer,Chairman y �� Charles Grigonis,Jr. '�Oj �`a� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio. Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516) 765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3997. Upon Application of MITCHELL A. MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A for approval of accessory swimming pool, deck and fence construction with a set-back at less than the required 100 feet from the top of the bluff on along the Long Island Sound. Premises is zoned R-80 Residential and is located at 29829 Main Road, Orient, NY; County Tax Map Parcel No. 1000-14-2-1. 6 . WHEREAS, a public hearing was held on February 22, 1991; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . This is an application for a Variance under Article XXIII, Section 100-239. 4A for approval of an accessory inground swimmingpool with deck and fencing all as shown on the sketched photocopy (which appears to be a part of a survey) submitted under this application. The set-back at the closest point to the top of the sound bluff for the deck around the pool appears to be at 76+- feet (but not less than 75 feet) . A new dwelling was constructed under Permit No. 16851 issued March 22, 1988 (although the pool structure apparently was built by a contractor for the landowner without a building permit for the same. ) The applicant indicates that the actual pool structure is situated approximately 86 feet from the sound bluff at its closest point, and was placed in a vertical position rather than horizontally. 2. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred ( 100) feet from the top of such bluff or bank. a 'Page 2 - Appl. No. 3997 Matter of MITCHELL MARKS Decision Rendered March 8, 1991 3 . A similar in-ground pool with fence, accessory to the dwelling structure immediately to the east of this parcel, was the subject of Appl. No. 3932 rendered May 30, 1990 in the Matter of the Application of Mathias and Maureen Mone conditionally approving a lap pool structure at not less than 58 feet from the top of the bluff at its closest point. 4. It is the position of this Board that in considering this application: (a) the relief, as noted below, is not substantial in relation to similar structure existing within the immediate area; (b) the grant of the requested relief 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 amount of relief requested 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 all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to GRANT a variance for the location of an accessory inground swimmingpool with decks and fence enclosure as applied in the Matter of MITCHELL MARKS under Appl. No. 3997, with the setbacks as more particularly described in para- graph 1, supra, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool structures remain unroofed; 2 . That the pool and deck structure not be physicially linked to the dwelling at any time (must be detached) ; 3 . That the grade of the area within 100 feet of the bluff not be altered (except that the storm basins may be placed to deflect water runoff) . Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINZER, CHA f177�� D BSI �L �.�i�`.�:•. hE SCUT",D TO!iN CLi, DATE Sv�9/ HOUR 9 Z14 M . Town Cleric. Town of Scuilaold BOARD MEMBERS 0l S®(/rgo Southold Town Hall 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson �� l0 Southold,NY 11971-0959 Patricia Acampora CA Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �leo Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 17, 2019 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton,NY 11968 Re: De Minimus Request Denied,File#3997 Mitchell Marks , 29829 Main Road, Orient SCTM No. 1000-14-2-1.6 Dear Mr. Herrmann; I am in receipt of your correspondence dated October 8, 2019, requesting a de minimus approval to remove and replace an existing swimming pool upon the above referenced premises with the same configuration (20 ft. by 40 ft.), in the same location, and as depicted in the survey that you provided. I reviewed your letter and the Zoning Board of Appeals determinations No. 3997, decision rendered March 8, 1991. The decision states that the swimming pool was built without the benefit of a building permit, setback 76 feet from the top of the bluff; and therefore, a variance for an "as-built"accessory structure was granted It is the Building Department's assessment that once a structure is demolished the corresponding certificate of occupancy will be extinguished, a notice of disapproval shall issue, and an area variance for top of bluff setback relief will, again,be required to rebuild. This decision is consistent with other determinations we have issued to applicants having identical circumstances, and,therefore, we concur with the Building Department's decision. As a result,the proposed demolition and rebuild is not de minimus in nature. Should you wish to pursue replacing the swimming pool, you will need additional variance relief with a new application and a public hearing. Please c tact our office for any additional questions or concerns. Sin ! e� L slie Kan s Weisman Chairperson cc- Michael Verity, Building Department 7 RECEND r OCT 0 9 2019 EN-CONSULTANTS aMiltg Board Of APPM�� October 8,2019 Leslie Weisman, Chairwoman Board of Zoning Appeals Town of Southold P.O.Box 1179 Southold,NY 11971 Re: TG3 Holdings LLC (formerly Mitchell Marks),29829 Main Rd.,Orient, Case No.3997 Dear Ms. Weisman: The above referenced variance decision(copy attached), which was issued on February 22, 1991, granted the relief necessary to maintain the existence of a 20' x 40' pool (with a 4' x 16' extension on its landward side) located less than 100 feet from the bluff. Presently the current property owner, TG3 Holdings LLC, would like to remove and replace the pool in the same location and configuration, which is depicted both on the survey connected with the variance approval (copy attached) and the current survey prepared by Kenneth M. Woychuk, dated April 1, 2019,two copies of which are attached hereto. Because the new swimming pool would be constructed in the same location and configuration as the existing ZBA-approved pool structure, I am writing to request that the Board consider issuance of a de minimis letter or some other form of waiver letter indicating that the Board would not need to grant additional variance relief to permit the in-place replacement of the same pool structure the Board allowed to remain in the same location in 1991. Once you've had a chance to review our request, please let me know if you have any questions ,or require any additional information in support of our request, and we thank you for your consideration. RkcIly yours, Rerrmann Coastal Management Specialist 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631283.6136 www.enconsuitants.com environmental consulting RECEIjD EN-CONSULTANTS 3 ` � OCT 092019 Zoning Board Of Appeals TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants to access my property for the purpose of evaluating and/or delineating wetlands and other environmental features and/or making official inquiries on my behalf and/or representing me and acting as my agent for the purpose of securing regulatory approvals and related matters. nature Timothy Charles Quinn,Managing Member TG3 Holdings LLC Print Name �/a / Dated 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 1 f 631.283.6136 www enconsultants.com environmental consulting DEPARTM~'NT OF PLANNING ' :SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXSCUTIVS ARTHUR H. KUNZ 360-5206 March 25, 1991 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) '~arks, Mitchell A. Municipal File Number(s) 3997 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEIVlBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa . Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article Board of Appeals the following Variance XlII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, ArticleXXII~ Section 100-239.4A Variance from Determination of Southold Town Special Exception, Article , Section Building Inspector. Special Permit Appeal No.:3997 Applicant: MITCHELL A. MARKS Location of Affected Land: 29829 Main Road, Orient, County Tax Map Item No.: 1000-14-2-1.6 Within 500 feet of: Town or Village Boundary Line NY 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 or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting ~rx~g~Oqgx~ approval of accessory swimming pool, deck and fence construction set back less than required 100 feet from bluff along Long Island Sound. Copies Dated: TR of Town file and related documen~ts/,~enclosed for your review. Mar~h 20, 1991 ' ' ~~ v~-~-~// APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 19, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Mitchell Marks 60 East 8th Street New York, NY 10003 Re: Appl. No. 3997 - Variance-Bluff Setback (Pool, etc.) Dear Mr. Marks: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our Special Meeting held on Friday, March 8, 1991. Please be sure to return to the Building Department for other approvals or permits which are necessary. A copy of this decision has simultaneously been transmitted to the Building Inspector for their files and update. Yours very truly, Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James~ ~%z£o, Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York 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, 53095 Main Road, Southold, NY 11971, on FRIDAY, JANUARY 11, 1991, at the following times: 7:30 p.m. Appl. No. 3995 - GREGORY.FEGOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of open deck addition with a reduced setback from the southerly side property line. (The lot area and depth of this parcel are nonconforming in this R-40 Zone District.) Location of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-099-5-17. 7:33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(B) for approval of deck/patio construction with an insufficient front yard setback. (The lot is nonconforming as to area and width in this R-40 Zone District.) Location of Property: 4945 Main Bayview Road and the easterly side of Smith Drive North, Southold; also referred to as Lots 83 & 84 on the Pa~ge 3 Notice of Hearings Board of Appeals Regular Meeting - January i1, 1991 {modified} height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-1-10. ~-'45~ Appl- No. 3977 - MITCHELL ~S. Variance to the Zoning Ordinance, Article XXIII, Section 100-239B for approval of swimming pool, deck and fence construction with a setback at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:48 p.m. Appl. No. 3996 - STANLEY WEP~NICK. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition and pool with fence enclosure with a setback at less than the required 100 feet from the top of bluff along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchoque; County Tax Map Parcel ID No. 1000-72-1-1.6. 7:52 p.m. Appl. No. 3998 - HENRY AND M~IRy RAYNOR. Variance for approval of access pursuant to New York Town Law, Section 280-A over private right-of-way extending off the south side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises is located in the R-40 Low-Residential Zone District and is also referred to as Lots 24 through 30 on the Map of "A.L. Downs" APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 76571809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York 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, 53095 Main Road, Southold, NY 11971, on FRIDAY, FEBRUARY 22, 1991, at the following times: 7:30 p.m. Appl. No. 3995 - DAVID J. STRUPP. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court and croquet court in an area other than the required rear yard, for use accessory and incidental to the applicant's residence. Location of Property: Private Road, Fishers Island, NY; County Tax Map District 1000, Section 003, Block 03, Lot 005; also referred to as Lot 6 and 5C, Block 18, Map of Chocomount 2. 7:33 p.m. Appl. No. 4001 - PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for confirmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in accordance with the zoning code set-back regulations. This vacant'Parcel Page 2 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 is nonconforming as to lot area in this R-40 Zone District. Location of Property: East Side of Paradise Shores Road, located approximately 1250 feet from the north side of Bayview Road, Southold, NY; County Tax Map Designation 1000-80-01- 024.001. 7:37 p.m. Appl. No. 4000 ~ SALVATORE AND JEANNE CATAPANO. Variance for approval of access pursuant to New York Town Law, Section 280-a, over a private right-of-way beginning at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot %2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990. County Tax Map Designations of the subject Right-of-Way and Lot #2 are: 1000-69-6-9.3 and part of 27 in the Hamlet of Southold, NY. 7:40 p.m. Appl. No. 4002 - FRANK C. GILBERT~ JR. Variance to the Zoning Ordinance, Articles XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from bulkhead. The existing nonconformities of this property are the lot area and setback of the existing dwelling to the bulkhead. Location of Property: 1095 North Parish Drive at Bayview, Southold; County Tax Map Designation: 1000-71-01-011. .'Page 3 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 7:43 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is nonconforming as to the westerly side yard and southerly (rear) yard setbacks. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. 7:45 p.m. Appl. No. 3977 - MITCHELL MAi~KS. Variance to ~ fthe Zoning Ordinance, Article XXIII, Section 100-239B for approval of swimming pool, deck and fence construction with a set-back at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Designation 1000-14-2-1.6. Premises is located in the R-80 Zone ~B~rict. 7:50 p.m. Appl. No. 4004 - DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for approval of accessory storage buildings located in an area other than the required rear yard. Location of Property: 1673 ROW located off the easterly side of Rocky Point Road, East Marion, NY; also referred to as Lot ~3, Minor Subdivision for Kimon and Woodene Retzos; County Tax Map Lot Designation: 1000-31-02-010.002. · Page 4 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 7:53 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage structure in an area other than the required rear yard and situated approximately 40 feet from Wells Road. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Creek. Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation: 1000-70-4-16. 8:00 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or operation by a not-for-profit corporation. Special Exception application to be filed separately. Premises is known as 3340 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for · Page 5 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 your presentation will be available, if needed. information, please call 765-1809. For more Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Approved .......... ~'. ..... 19... Permit No ........... OF HEALTH' FORM NO I 3 SETS OF PLANS ............ SURVEY TOWNOrSOUTHOLD , C.ECR ............. BU'LDINGDEPARTME.TSEPTIC ...... :.:::::::: TOWN HALL $OUTHOLD, N.Y. 11971 NOTTFY ~ TEL.: 765-1802 CALL MAIL TO: (Building Inspector) ' APPLICATION FOR BUILDING PERMIT INSTRUCTIONS .~ Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building lhspe~tor, with 3 sets~o~,lans, accurate plot plan to scale. Fee according to schedule. ~. 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 pan 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 throu?~out 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 ~:emoval or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~ code. and regulations, and to admit authorized inspectors on premises and in building for necessary inspec~ (Signature ot applicant, or name, if a corporauon) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........... ~-',v~,~ ........................................................... Name of owner of premises /O~7~t'/~l.~ .................. (~s on the'tax'~ll or latest deed) If applicant is a corporation, signature of duly authorized officer. ........ (/',la~i ;nd title' o~' ;orporati ;~-~Jir') Builder's License No .... (V~..~.~..~.../?.0..t~..~. /9-~C.,'L-" /0/91.4~ A'-~. Plumber's License No "-- Electrician's License No ....................... Other Trade's License No """ Location of land on which proposed work will be done; [louse Number Street Hmnlet .... c r M N ,000 S ,i / oun ax ap O. ec on ..... ck ........ .......... Lot Subdivision &//vcTL~r7 /,~o,-'~f'- c-~ · lqiled Map No (Name) .... State existing use and occupancy of premises and intended usc and occupancy of proposed construction: A. Existing use and occupancy. B. Intended use and occupancy ........... 7'r'"'- ......... /' ............... 3. Nature of xOl~rk (check which applicable): New Building .......... Addition .~4 ........ Alteration ..... '. · ·. ': · Repair ............ .R~moval .............. Demolition ..... .'~ ....... Swimming pool... 4. Estimated Cost . (to be paid on filing this application} $. If dwelling, number of dwelling units .,.../. . ........ Number of dwelling units on each floor .. . ............. · If garage number of cars O ...... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front.., .~' ......... Rear . .:.~{ ......... Depth ............... Height ~.O. Number of Stories ~ .... Front .... Rear Dimensions of same structure with alterations or additions: .............---- · · .-.....- · · .... . Depth Height ............ Number of Stories 8 Dimensions of entire new construction: Front . ,. Rear ............... Depth ....... Height Number of Stories ' 9. Size oflot: Front ......... ./ ............. Rear ...................... Dgpth :~ ................ : 10. Date of Purchase .... //../.C/..~.~ .................. Name of Former Oxvner ....c..(.(.(.(.(.(.(?~..,~..~...,,.~...,y,y.~...,~..~. ~( ./5~.~... I 1. Zone or use district in which premises are situated..~ '~.///.t?ff/.~,0 .L-: ........................................ 12. Does proposed construction violate any zoning law ordinance or regulation;.~..d-f°. ........................ ,~. · 13. Will lot be regraded .. d~.P ....................... Will excess fill be'~emoved from premises: . Yes _.. ~.LiN, L~.. 14. Name of Owner of premises ./~./.rqcrf¢g.../ff.~.~..;~... Address . .~.o..ff... g.~v~. ./2~..~ Phone No..~./~, .g?~: ~'~- .... Name of Architect ~..off. c.). Address Phone No ....... Name of Contractor /..~?.c.~a.~ (.~.o.~.~ · Address Phone No 15.Is this property located within 300 feet of a tidal wetland.* *YES--~--NO .... tlf yes, Southold Town Trustees Permit may be requlred.~.~/~.~,~ PLOT DIAGRAM Locate cleaxly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, S.S COUNTY OF · · · ..... being duly deposes and says that he is the applicant ............................................ s~vom, (Name of individual signing contract) above nan~ed. ~ is the <~ (x/ffC,~.~t .................. i.. (Contractor, agent, corporate officer, etc.) of said owner or owners, a.nd is duly authorized to pe,rform or have performed the said work and to make and file this application that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in thc application filed therewith. Sworn to before mc this ..... .... dayof /OC' V'7 19 NOTARY PUSLIC, State of New Y(d~t No, 30-2539625 Qualified in Nas~'u'CoufltY .. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your a lication dated PP ..... .~. .......... __ __ y/'! ____ .~ .... ~,~9 ..... Location of Property ~..~.. (~.~. ,~. ....... .~.~. Ho.se No. / .................. ~"~e; County Tax Map No. 1000 Section ..... ./.~. ..... Block .... ' · .'~. ·... Lot Subdivision ................. Filed Map No ................. Lot No .................. is returned herexvith and disapproved on the following grounds..~/(~., .~.t~.~ .~"7~. .~.~:~../~.o..-. ~ .:.x .~..~. ~y.. ~ ~d~... ~....~/~ ..... .... :~:.._~. ~ /.~--'/~4~ ........  Inspector '' RV 1180 APPEAL FROM DECISION OF BUILDING INSPECTORDE(~ Ii) ')~)~ APPEAL NO. 10/19/90 $~l~o~ld To~,, CterkDATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLI~ N. Y. 1, (We)..~,....~,Lt,.C~k3...A,..,~:k~ ........ ',........of ...~i,n...~Lt., ...................................................... Name of Appellant Street and Number ................. Q~.L.~D,.~..~..o,~.~.~-. ................................. ........ i .....: ....b1.~.W...~,~..,:.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING. !NSPECTO~ DEN!ED TO ( ) ( ) Mitchell A. Marks Name of Applicant for permit of Main St. Orient Point New York Street and Number Municipality State ~, PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ~s~,~,..~.~.,.,....Q~',~.~D.~,..~'.~.~,,9,~.~...[~.Y. ............................... Street /Hamlet / Use District on Zoning Mop District 1000 Section Block 2 Lot Joe(,.. . ............................................. ~ ................................... burren: Owner Mitchell A. Marks Mop No. · Lot No. Prior Owner· GeorqQ. Mesaikos 2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectio,, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleW~<,7/~ Section /'~ZT~, ~ A~} 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) A VARIANCE to the Zoning Ordinance or Zoning Map J ) A VARIANCE due to lack of access (State of New York Town Law' Chap. 62 Cons. Lows Art. ]6 Sec. 280A Subsection 3 , () 4. PREVIOUS APPEAL A previous appeal (,ka~) een 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 and was 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 Mitchell A. Marks be granted permission to locate h-is pool closer than the top of the bluff than is ~llowed under the current zoning ordinances. The mist~_ake, that ~s made was .ma,d.e,..~y~the contractor and was a measurement mistake. ' '-'~ '. .~.', ...,:...-' , :'; ..,~;:'v,..L.~,.~,~,~,..~$,~r,~i~::~,<';:. 'i;..,' ':" ~-'i~.,.;"'"" ' Form ZBI (Continue on other side). TOWN OWNER STREEI' VILLAGE DIST. SUB. LOT L/.- FORMER OWNER . , c-" E ...- ( · J S ~ ~ % , ,;- W CODE DATE O¢ CONSTRUCTION ~ND IMP. TOTAL DATE R~RKS /' / ~/~ ' ' ' x ' '"'~" 'Tillable X . ~ SN~ & ~OC), ~ .: ~-,(5- -. FRONTAGE ON WATER W~land FRONTAGE ON ROAD '~D Meadowland DEPTH House Plot BULKH~D Total , ~ r' , , OF SOUTHOLD PROPERTY RECORD CARD · BIdg· Extension Extension Porch Deck B reezewa, Garage O.B. Foundation Basement Ext. Walls F ire Place Bath Floors Interior Finish Heat Pool Patio Driveway Attic Rooms 1st Floor Rooms 2nd Floor ILtJ 9?2 P02 JAN t0 SPEAR PLA I'T ARCI IrI'ECI'S Mitchei Mark5 M,.ll n lx~oad ()reid PoinL New I haw~ reviewed the infurmatkm you supplied my office regarding the disposJt, m o? the It,cation of the ~wimming pool at )'our residence. In a brief co:asultation I have made the mmal determin,:~tion d~at to move your }'mot at this time might further disrupt the delicate nature et the bluff .pon which it is 5it~ated. The extensive laiadscaping you have undertaken over the ],~t year to insure the stability of the bluff should assist the municipality in determining that to nproot ~ho pool at this time would only have deleterious effect on the blurt as .~ whole. 1 hop,' my ap, al'¢*is l, rov~,s helpful to you, look ;orward to working with yuu further on your plans. If I may be of lurther serviCe in thv, 1.19 Mer('er !';Irpet Now York, New York Ii)0 Tel: 7 i 2-2226-5656 Fax: 212-22fi-8224 Page 11 - February 22, 1991 Public Hearing - Frank C. Gilbert, Southold Z.B.A. Jr. is correct. MR GILBERT: There is more space there. I guess there is a least four or five feet. CHAIRMAN GOEHRINGER: Sometime in the mid 80's we imposed which was originally 239, I'm sorry 139.4 which ended up to be in the new zoning code 239.4 or 239d. In all cases it reflects the bulkhead or the lip of the bluff on the Long Island Sound. MR GILBERT: Thank you. CHAIRMAN GOEHRINGER: You are very welcome Mr. Gilbert. Thank you. Hearing no further questions I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No. 4006 Applicant(s): Eric and Mary Ann Alexander Location of Property: Peconic Bay Blvd., Laurel County Tax Map No.: 1000-128-4-20 The Chairman opened the hearing at 8:02pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey done by Young and Young. The most recent date is May 29, 1975. Indicating a rather large one story frame house and garage on this 19665 sq ft lot and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard in behalf of this application? The Alexander's have requested a recess until the next regularly scheduled meeting unless there's any questions from Board Members I'll grant that request. Thank you. The date will be March 22, 1991 and I offer that as a resolution gentlemen. Ail in Favor - AYE. Appl. No.: 3977 Applicant(s): Mitchell Marks Location of Property: 29829 Main Road, Orient County Tax Map No.: 1000-14-2-1.6 The Chairman opened the hearing at 8:05pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: This is a~application that was opened Page 12 - February 22, 1991 Public Hearing - Mitchell Marks Southold Z.B.A. at the recess. name. last regularly scheduled meeting and was asked for a You are welcome to use the microphone and state your MR MARKS: I contracted a builder to build a pool in my backyard and supposedly he was going to comply with all local variances and ordinances. After the pool was built it turned out that it was approximately 12 to 16 feet too close to the rear property line which is on the water, which faces the water. I have a letter, I had an architect take a look at the property and take a look at the plantings that we did, I have submitted this to the Board. Which basically says that he feels that to move the pool back would probably cause more damage then to keep the pool where it is. Also the neighbor to the east of my property recently received a variance to build a pool which was less then half the distance between my pool and the top of the bluff, the rear of the house I'm sorry. The top of the bluff is approximately 58 feet from the top where mine is I think 88 feet. CHAIRMAN GOEHRINGER: I measured it. 76 from the closest blow out on the top of the lip of the bluff to the edge of the deck. MR MARKS: 76 feet instead of 100. CHAIRMAN GOEHRINGER: Right. You are talking pool and I'm talking about closest construction. Closest construction is really the deck. MR MARKS: Right there's another 10 feet which makes 88, 86. The deck is just laying on top of the dirt. The other thing is I don't think it would really abduct any of the neighbors to having it where it is opposed to moving it back. It's visible by property, the lot to the right and it's a relatively a large piece of property. I don't think it's going to disturb them too much. CHAIRM3%N GOEHRINGER: Will anything change other then what we see except for the fact that you will put a permanent fence around it? MR MARKS: No. CHAIRMAN GOEHRINGER: Overhead lighting? MR MARKS: Nothing. I mean I would probably next year I would build, I would replace the steel pipes with wooden pipes. Page 13 February 22, 1991 Public Hearing - Mitchell Marks Southold Z.B.A. CHAIRMAN GOEHRINGER: Right. You have no intentions of enclosing it? MR MARKS: No. CHAIRMAN GOEHRINGER: I have no problems with it, to be perfectly honest with you. I have no idea how my fellow Board Members feel about it. Only because of where the property slopes. It slopes away from the bluff toward the pool and we are concerned about sloping toward the bluff and an erosion factor. That would only occur, god forbid if you lost the whole bluff. I doubt seriously in that case. MR MARKS: I put fertilizer on the bluff and throw some grass seed on it a couple times a year. It's also watered regularly. CHAIRMAN GOEHRINGER: It looks great. MR MARKS: Do you want the letter from the architect? CHAIRMAN GOEHRINGER: Sure. Thank you very much sir. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Questions from Board Members? Hearing no further questions I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No.: 4004 Applicant(s): David J. Verity Location of Property: Rocky Point Road, County Tax Map No.: 1000-31-2-10.2 East Marion The Chairman opened the hearing at 8:08pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight sir? Is there anything you would like to state for the record other then what you told me when we were down there? MR VERITY: I'll answer any questions. CHAIRMAN GOEMRINGER: We have for the record a framed garage which is 16.3 ft in depth and approximately 29 feet in length at it's closest point it's 7.1 feet from the southwesterly property line. It does not contain any lighting fixtures ::.-'.PEAR PL^ I'T ARCIiITE£q'S Mitcixel Mark5 Main I::o mi Orent Point, N'ew York Residence ,'vla~ n Road Orent Point. New York Deal ?.1: Mar~$ I have reviewed tht~ in*ormation you supplied my office regarding the dis~s~tion or the location ol the ~wimming pool at your residenceJ In a ~rief co~sulta~on [ have made the mi~al dete~ination that to ~ove your ~moi at tNs time m~ght ~urther disrupt the delicate nature the bluff ~pon which it is situated. The extonsive landscaping you have undertaken over last roar to insuro the stability of the bluff should assist the municipality in determi~ng that to u~,root the pool at this tlm~'wonld only have deleterious effect on the bluff as a whole, l I look forward to working with you turther on your plans. If I mav be oI lurther sersn~ in Nc.w York, New York It)l)12 26-5656 Fax: 212 226- $22,1 FORM NO. '[ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 .~ .~...~ f/? TEL.: 765-1802 Exanffned ........ 19 .. (Building Inspector) APPLICATION FOR BUILDING PERMIT BOAaO OF HEALTH ............ 3 SETS OE PLANS ............ SURVEY ..................... '~ORH ................. CHECK ... SEPTIC ................ NOTIFY~ CALL ..................... MAIL TO: INSTRUCTIONS .~ Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building I~spe~tor, with sets~o?,lans, 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 -' ' ,, cation, otvm= a detailed description of layout of property must be drawn on the diagram which is part of this appli- o. The work covered by tlfis application may not be commenced befor~ 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 ~'emoval or demolition, as herein described. The applicant agrees to comply with all appiicab~le laws, ordinances, building code, housine code. and reg.lations, and to admit autl~odzed inspectors on premises and in building for necess.~ry inspect,.'o_.~9~ .... ' ....... ;,;n'>''' (Signature ot apphcant, f' ?..q. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .......... ................................................... Name of o~vner of premises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ........ ;~fi 'ti'tie'o} ................. ;orp(;r'at~' ;i'~ccr) ' Builder's License No ........................... ,~/~-- /b' .~'. Plumber's License No ~' Electrician's License No ....................... Other Tradc's License No '~' Location of land on which proposed WOrk will be done; tlouse Number Street Hamlet County Tax Map No. 1000 S~ction .... BlOck Lot ..... Subdivision .~.~./..-~.,~,~ /,,./o,~,r;","~-~"'- c,o .. ........ Eiled Map No (Name) ' ' State existing use and occupancy of premises and intended use and oCCUpancy of proposed constrtlction: B. Incended use and occupancy ................. ~I ............ !'.'' ......... 3. Nature of w~Srk (check which applicable): New Building ..... Addition .M ........ Alteration ..... ; · · - '. · · . ~ · · SwL"a~_ng pool... ........ Repmr .............. R~moval .............. Demchtmn ...... ........ .Other Tennis Court ......... Accessory Building .......... F~ce ...... Work; .......... ,- . . .... · ~ ~$tlmate~cost ............ c ............................................... (to be paid on filing thi~ applicafion~ Ifd ~ ...... ' ............ 5. welling, number of dwelling units ........ Number of dwelling units on each floor . . . · lfg o .................................. stage, number of cars ............ ~ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... ' ........... 7. Dimensions of existing ~tmctures, if any: Front .... ~f ......... Rear . .:.~{ ......... Depth ........... Heieht fl~ Number of Stories ~ ...... Di i f ith ti dditio F ..... · .......... mens OhS o same structure w alters ons or a ns: font ............ ar ...... Depth }Iei~t .............. Number of Stories . . 8. Dimensions of entire new construction: Front... .......... .. Rear ............... Depth .............. Height ............... .Number of Stories .............. : ........................................ 9. Size of lot: Front ...... ~./ ............. Rear ...................... Depth ~ ........ ..Name of Fomer Owner ........................... :0. Date of Purchase ..~/f/.~t ................ ~* ~4~ ~' [ 1. Zone or use district in which premises are situated ...................................... [2. Does proposed construction violate any zoning law, ordinance or regulation: .... ~ ........................ W~I lot be reomded . ~ . . .... Will excess fill be (emoved from premises: . ~e$ x. v.k~. I3. · . ...... ~ ........... ~- ~ . . · .. i4. Nme of Ow[er of premmes . ~/:e~e¢~..~ · · Addres~ . J.~ .~...~ ~.~ Phone No. ~/~ ~d ~&O... ~ o~9 Address Phone No .... Nme of Architect ........ Nme of Contractor . .~ff~{~¢~. (~Fg~. ' ..... Address ................... Phone No ................. 15.I~ this property located within ~00 feet of a tidal aetland~ ~IES.~.-~O .... ~If y~$) Southold Io~a Irustees Per, it may be required.~d]~ ~F PLOT DIAG~M ~ ~ ~ Locate cle~ly md distMctly ~1 buBdMgs, whether existing or proposed, =d. indicate ~1 set-back d~en~ion~ from prope~y ~nea. Give street ~d block number or description accord~g to deed, =d show street nines and Mdicate whether interior or comer lot. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the appfieant (Name of individual signing contract) above nan~ed. late is the .....................................................................................· · · · (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application: ~hat all state:nents contained in this application are true to the best of his knowledge and belief; and that the Work will be'perfotmaed in the manner set forth in the application qled therewith. Sworn to before me this ....... ............ day ¢.'/'7 .......... ]9 Notary Publi~. ~.~.X~-~l~x,.,t.$Oq~ .... % ....· · .~...'-,x..-. County ~TARY PueLIC, State of New ................... I~ualified in Has~"u'CountY .. Gommisslon F, xph'~,~*b ~0, APPEALS BOARD MEMBERS Gerard P. Go~hringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Dec. 13, l 990 SCO'FF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E. ,O..R.A. TYPE II ACTION DECLARATION Appeal No. 3997 Project/Applicants: County Tax Map No. Location of Project: Mitchell Marks 1000- 14-2-1.6 29829 Main Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for approval of swimming pool, decks and fence construc- tion with a setback at less than the required 100' from bluff along L.I. Sound 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. An Environmental Assessment (Short) Form has been submitted with the subject application ~ndicatinq that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Notice of Hearings Southold Town Board of Appeals Regular Meeting - January ll, 1991 Copies mailed to the following: Mr. Gregory Fe9~, 215-14 49th Ave., Bayside, NY 11364 Mr. Rudoloh Brue~'~ P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber Mr. Paul Caminiti, Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore Pamela Ann Conlon, 96 Shelley Ave., Port Chester, NY 10573 Pudge Corp., P.O. Box 1465, Southold, NY 11971 ~-~-Mr. Mitchell Marks, 60 East 8th St., New York, NY 10005'--~ Ward Associates, P.C., 1500 Lakeland Ave., Bohemia, NY 11716 for Stanley Wernick Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck, NY 11952 Mr. Joseph Sawicki, 4002 ROW off Old North Rd., Southold, NY 11971 for Frank Sawicki J. Kevin McLaughlin, Esq., 828 Front St., P.O. Box 803, Greenport, NY 11944 for Michael Cholowsky Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390 ~) ~y 1~ c :~ ~-1~ 1~ ~. ' thc w~s~ sma of Sunset Wiy, of C~ar B~ch Pa~ Su~i~si~." ya~ setback, ~ ~e 1~ a~ ~d s 7:38 ~, ~ l~B t~.~ ~.W~~y ~ h~t f~ md ~s. ~e h t : vm~ (a~a I~ N. ~kw~ ~-), ~ ~; ~ ~ No. 1~1~- BY O~ C . No. 3984 Variances · ' U~E CORP. ~ission m establish ~k A~L No. 3~, ~d ns l~i~d by ~ ' , C~dit[~ No. 10; and (2) for ~v~ of ~tended (modified) '.:, ~.t~d .t lo40~e~ ~CHELL ~R~. Va~ ,. ~i~ 1~-239B for ~ ~ wi~ a ~ at lus ~ ~ I~ fm f~ b~ ams ' 7:48 p.m. Appl. No. 3996 ~ ~IC~ V~ ~~a~lus N~ OF ~m~ ---~of bluff ~g ~ ~g ~smna ,f ~ ~e f~o~S ~S~ ~,~ ~ Pa~ ~ No. l~-t~ .dl ~ held by the Sou~O~ ~:':~ ~.,.., :: ~y ~ ~ ~ ~ ~ ~.: ::¢: "A ~ ~w~" r~a ~ ~. Suffolk --- A~I:NO 3986 ~'::~$~'" ' ~ ~ ~ ~ ~ ~"~ '~ of OM N~ R~d. · e Subdzvss~ p · -~ Va ' ~ m ~ ~ms 0 N~k": Co~ty Tax M~ ~a ~ ~': A~ ~, ~ction l~31B~Xc) 7'35~m Appl No 3991 ~ -= ~'ATIE OF NEW YORK) COUNTY OF SUFFOLK) ~.~.~I~A,~ PO~.J~. of Mattltuok, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Mettltuck, In tho Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a primed copy, has been rngularJy publbhod In smd Newspaper once each week for ( weeks succosslve, lyg?O~nmencing on tho ~ day of COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, lnSuffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Walchman once eachwcek for ....................... ~.. weeks successive[y, commencing on ~he ...................... Sworn to before me Ihis ..................... day of Notary Public 8AR~ARA A. NOIARY PUiLLC, ~te el Rm~ No, 480~4a NOTICE OF HEARINGS NOTICE I$ HEREBY OIV- tim Zoning On:linarme, Ani- and 159 on the ~ r 8:15 p.m. AppL NO. 3993%~ 100-33 (100-30A.4) fo~ penni~ The BOald of Appeals wilf ~t ~ eaUable, ir needed. For ~o~ ~ NOTICE OF HEARINGS N OTIC~-I~'H'E~E B Y GIVEN, pursuant to ,~'tion ~67 of New yo~k Town Law and the Code d the Tovm of Southold, the followin$ heatings will be held by the SOUTHOLD TOWN BOARD OF APPBALS st a Regular Meeting, at the $outhold Town HaH, 53095 Main Road, Southoldo NY 11971, on FR/DAY. FEBRUARY 22, 1991, at thc fol- lowing times: 7:30 p'.~. AppF. No. 3995 -- DAVID J. STRUPP. Variance to the Zoning Ordinance, Article ~I, Section 100-33 for penuission to locate tennis court ar.d croquet court in an area other than the required rear yard, for use accessory and incidental to the applicant's residence. Location of Property: private Road, Fithets Island, NY; County Tax Map District 1000, Section 003, Block 03, Lot 005; also refened to as Lot 6 and 5C, Block 18, Map of Chocomoum 2. 7:33 l~m. App~ No. 4001 -- PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, A~icle IliA, Section 100-30A.3, Arti- cle XX/V, Section 100-244, for cenfir- marion or recognition of lot for the proposes of chaining, in the future, a building permit for a single-family ~welling in accordance with the lng code set-back regulations. ~f~is ~acant parcel is no~conforming as to ~ot area in this R-40 Zone District. · Location of l~peny: East Side of Par- adise Shores Road, located approxi- mately 1250 feet from the uo~a side of Bay~4ew Road, Sou~o~ NY; County Tax Map Designation 1000-80-01- 024.001. 7:37 p~. App'. No. 4000 -- SAL- VA'FORE AND ~ANN~ CATAPANO. Vm%~e fo~ ap~ova~ of access pu~uant to New York Town Law, Sec~on 280-a, over a ptivate right-of-way beginning at a point 514.73 feet from the sonthedy side of S.R. 25 (Main Re~d), alc~ the extouding in an easterly direction 431.56 feet to Lot F2 of the pending Minor Subdivision of the applicants ccndifio,ully ~ by the Planning Bo~d on M~r~ 26, 1990. Ceunty Tax and pert of 27 in the H~mlet of 7:40 p.m. AppL No. 4002 -- ~ Vari~ce to Sectien 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with ~ insuffi- clem set back from th~ mar properly line and less th~n 75 fact from bulk- head. Tbe ~istb~ nc~cc~'oflnifies this prop~ty m~: the I~X sru ~d s~- b~ck of the cxisring dwelling to the b~lkheed, l.ocmi(m Q( ?~v~.,~y: 109:5 North parish Drive at Bayvinw, Southold~ Comity Tax Map Des/gna- dm: 1~0-71-01-011. 7:43 p~n. ~_.~_~ 4006 -- ERIC AND MARY Variance to the Zoning Ordinance, Artich: XXIV, Section 100-244E for permission to construct addition to dwe~ng ~ an iMu~'~-ic~ side yard ~ Vsrinn~ to the Ition 100-239B for app~val 9f swim] Long Island Sound. 29829 Main Reed, rim 1000-14-2-1.6. 15~nises is locat- ed in the R-80 Zone 7:50 p.m. Appl. No. 4004 --~ P_K_VIILLYJ~LT~ Variance to.U~ Zoning O~dinance, Article tion I00-30A.4 (100-33) for approval of aee~smy storage builthngs located Rocky Point Road, East Marion, NY; lvi000slon for Kim~m ~nd Woede~e -31-02-010.002. J 7:53 p.m. Appl. No, 4005 -- NICELY. Variance to tl{e Zoning Ofd~ A~icle hi, ~ection 100-3~ ' Read. premises is noncenfonuing as to lot area in this R-40 Zone District frm~ ~lc~ Iockey C,x.k. Locafien of ptope~y: 2725 Wells Rcmd, Son,d, 1000-70-4-16. 8:00 p.m. AppL No. 3990 ~ ~CHAEL CHOLQ~Y CLOR= o~ra6on of a golf ddv~ ~gc, n m~iature go~ course and building wi~ offi~ ~ccesw~ and incid~ ship ~ ~ti~ by a ~t-for-pmfit co~orsrion. Special Exception ~, ~, ~ C~ T~ ~P STATE OF NEW YORK) )ss: {X)UNTY OF SUFFOLK) SHARON ROCK o! M~tti~uok, In said goun~, being du~/s~orn, ~ that ~/s~ Is Pfl~ Clerk of THE SUFFOLK ~MES, a Woo~ ~mpapor, publbh~ at MMt~u~ In t~ T~n of S~ ~un~ of ~ffolk and State of b Yo~ ~ t~ t~ ~0 of ~ich t~ amex~ b a ~nt~ ~, ~ b~n ~ ~ In said Newspaper once each week for 1 weeks suoooss~ely, commencing on tho 14 day of ~gG~A~ 1991 Prifloi~ ~ · ~ o~ ~ ~uid /~' ~e ~d pin~ h~any nd IU~r- // ~ ~ s~s~p~u~si~8~ ~ /~ ~. h~~ea~ematto~. ~ ~ ]~ Wfitt~ ~ents may also ~ s~- ~ ~ ~ sub]ec~ h~,rin~. Each heating will not s~rt before the time allo~ed. Addition. al time for y(mr presentation will be available, if needed. For more infor- mation, please cae 765-1809. Dated: February 8, 1991. BY ORDER OF ~IE SOUTHOLD TOWN BOARD OF APPEALS GERARD P GOEHRINGER CHAIRMAN e'~~ By Linde Kowalski NOTICE OF I~EARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of, New York 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, 53095 Main Road, Southnid, NY 11971, on FRIDAY, FEBRUARY 22, 1991, at the following times: 7:30 p.m. Appl. No. 3995- DAVID J. STRUPP. Variance to the Zoning Ordinance, Article 111, Section 100-33 for permis- sion to locate tennis court and croquet court in an area other than the required rear yard, for use accessory and incidental to the applicant's residence. Loca- tion of Property: Private Road, Fishers Island, NY; County Tax Map DistriCt I000, Section 003, Block 03, Lot 005; also referred to as 1~1~6 and 5C, Block Ig. Map of Chocomount 2. 7:33 p.m. Appl. No 4001- PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3, Article XXIV, Section 100-244, for con- firmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in ac- cordance with the zoning code set-back regulations. This vacant parcel is nonconforming as to lot area in this R-40 Zone District. Location of Property: East side of Paradise Shores Road, located approximately 1250 feet from the north side of Bayview Road, Southnid, NY; County Tax Map Designation 1000-80-01-024.001. 7:37 p.m. Appl. No. 4000~ SALVATORE AND JEANNE CATAPANO. Variance for ap- proval of access pursuant to New York Town Law, Section 280-a, over a private right-of- way begining at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot No. 2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990. County Tax Map Designa- tions of the subject Right-of- Way and Lot No. 2 are: 1000-69-6-9.3 and part of 27 in the Hamlet of Southold, NY. 7:40 p.m. Appl. No. 4002- FRANK C. GILBERT, JR. Variance to the Zoning Or- dinance, Articles XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with an insufficient set back from the mar property line and less than 75 feet from bulkhead. The ex- isting nonconformities of this property are the lot area and set- back of the existing dwelling to the bulkhead. Location of Pro- perty: 1095 North Parish Drive at Baview, Southold; County 'Pax Map Designation: 1000-71- 01-011. 7:43 p.m. AppL No. 4006- ERIC AND MARY ANN ALEXANDER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition to dwelling with an insufficient side yard setback, from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is! nonconforming as ~e wester~ ly side yard and southerly (rear) yard setbacks. Location of Pro- perty: South side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designatio~x ~1000-128-04-020. 7:45 p.m. Appl. No. 3977- MITCHELL MARKS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239B for approval of swimming pool, ' deck, and fence construction with a set-back at less than the/ required 100 feet from bluff~- along the Long Island Sound. 29829 Main Road, Orient, NY; County 'Pax Map Designation 1000-14-2-1.6. Premises is located in the R-80 Zone/ ,..~DDistrict. 7:50 p.m. AppL No. 4004- DAVID J. VERITY. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.4 (100-33) for approval of accessory storage buildings located in an area other than the required rear yard. Location of Property: 1673 ROW located off the easterly side of Rocky Point Road, East Marion, NY; also referred to as Lot No. 3, Mi~or Subdivision for Kimon and Woodene Retzos; County 'lhx Map Lot Designation: 1000-31-02-010.002. 7:53 p.m. AppL No. 4005- THOMAS KELLY AND NAN- CY IANNICELLI. Variance to the Zoning Ordinance, Article III, Section 100-33 for permis- sion to locate accessory garage structure in an area other than the required rear yard and I situated approximately 40 feet from Wells Road. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation: 1000-70-4-16. 8:00 p.m. Appl. No. 3990- MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variances to the Zoning Ordinance, Article 111, Section 100-31B(7)(c) concerning proposed establish- meat, construction and opera- tion of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or opera- tion by a not-for-profit corpora- tion. Special Exception applica- tion to be filed separately. Premises is known as 3340 Hor- ton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7± acres. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski t$~' . IX-2/14/91(22) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman / once each week for ........................... weeks successively, commencing on the ......... ?. f..~. ....... Sworn to befm'e rne ll~is ¢:~ ~ff- ..................... clay of ......... ~ .... 19 .?..<. Notary Public I?ARBARA A. SCHNEIDER NCT.~t~'! PUBLIC, State ol New Yor~ No. z,~05846 C~,amiss;o;~ ~xpirc~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765- ! 809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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. GOEH~INGER CHAIRF~%N Enclosure Notice of Hearings Southold Town Board of Appeals Regular Meeting February 22, 1991 Copies of Legal Notice Mailed to the following: 2/8/91 Dr. & Mrs. David J. Strupp, 455 East 86 St., Apt. 34A, New York,NY 10028 Mr. Paul Forestieri, 300 East 54 St., New York, NY 10022 Paul A. Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for Catapano Mr. & Mrs. Frank Gilbert, 1095 North Parish Drive, Southold,NY 11971 Mr. & Mrs. Eric Alexander, 4580 Peconic Bay Blvd., Laurel, NY 11948 ~4~r. Mitchell Marks, 60 East 8 Street, New York, NY 10003 Mr. David Verity, 2085B Shipyard Lane, East Marion, NY 11939 J. Kevin McLaughlin~ Esq.,828 Front St., P,O.Box 803, Greenport,NY for Cholowsky/Casola Mr. J. Douglas Peix, 50605 Main Road, Box 333, Southold, NY 11971 for Kelly/Iannicelli APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Copies of Legal Notice Mailed to the following with transmittal letter on 12/31/90: /~ Mr. and Mrs. Frank Reichart 15852 Irish Avenue Monkton, MD 21111 Mr. and Mrs. Alexander Aichinger c/o Rohm International 767 Fifth Avenue New York, NY 10153 Mr. Charles Andromidas 742 Lakeside Drive North Palm Beach, FL 33408 Mr. and Mrs. Mathias Mone 10 Cross Road Plandome, NY 11030 Ms. Rosemary Gutwillis 109 Bay Avenue Greenport, NY 11944 Mr. Jeffrey Bettancourt 417 West 21st Street New York, NY 10011 Mr. and Mrs. Richard Beleski c/o Colonna 3415 Gray Moss Road Charlotte, NC 28226 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January ll, 1991 Copies mailed to the following: Mr. Gregory Fegos, 215-14 49th Ave., Bayside, NY 11364 Mr. Rudoloh Bruer, P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber Mr. Paul Caminiti, Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore Pamela Ann Conlon, 96 Shelley Ave., Port Chester, NY 10573 Pudge Corp., P.O. Box 1465, Southold, NY 11971 ~Mr. Mitchell Marks, 60 East 8th St., New York, NY 10003 Ward Associates, P.C., 1500 Lakeland Ave., Bohemia, NY 11716 for Stanley Wernick Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck, NY 11952 Mr. Joseph Sawicki, 4002 ROW off Old North Rd., Southold, NY 11971 for Frank Sawicki J. Kevin McLaughlin, Esq., 828 Front St., P.O. Box 803, Greenport, NY 11944 for Michael Cholowsky Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390 APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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, Enclosure GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. J~ame,s Di-ni:zio, Jr. Southold Town Board of Appeals MAIN ROAD- STATE: RnAD 25 BOUTHOLD. I_.1.. N.Y. TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York 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, 53095 Main Road, $outhold, NY 11971, on FRIDAY, JANUARY 11, 1991, at the following times: 7:30 p.m. Appl. No. 3995 - GREGORY FEGOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of open deck addition with a reduced setback from the southerly side property line. (The lot area and depth of this parcel are nonconforming in this' R-40 Zone District.) ILocation of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-099-5-17. 7:33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(B) for approval of deck/patio construction with an insufficient front yard setback. (The lot is nonconforming as to area and width in this R-40 Zone District.) Location of Property: 4945 Main Bayview Road and the easterly side of Smith Drive North, Southold; also referred to as Lots 83 & 84 on the Pa~e 2 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 Subdivision map of "Goose Neck"; County Tax Map Parcel ID No. 1000-76-2-20. 7:35 p.m. Appl. No. 3991 - JOHN AND GRACE FIORE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIV, Section 100-244B and Article XXIII, Section 100-239.4, for permission to construct extension to screen enclosure for patio and existing wooden deck with insufficient setbacks from the bulkhead and side (or rear) property line on this corner lot fronting along Cedar Beach Road and the west side of Sunset Way, Southold, NY; County Tax Map Parcel ID No. 1000-91-1-5; also referred to as Lots 158 and 159 on the "Map of Cedar Beach Park Subdivision." (The dwelling as exists is nonconforming as to the rear yard and sideyard setback, and the lot area and depth are also nonconforming in this R-40 Zone District.) 7:38 p.m. Appl. No. 3992 - PAMELA ANN CONLON. Vgriance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct new dwelling with insufficient front and side yard setbacks. (The lot is nonconforming as to area and depth in this Agricultural-Conservation Zone District.) Location of Property: 1765 Peconiq Bay Boulevard (a/k/a 100 N. Oakwood Dr.), Laurel, NY;. Parcel ID #1000-127-8-9. 7:42 p.m. Appl. No. 3984 - PUDGE CORP. Variances to the Zoning Ordinance, Article XIV, Sections 100-141B[1) and C(1): (1) for permission to establish truck rental business as an accessory use, in addition to the Special Exception use conditionally approved 9/10/87 under Appl. No. 3660, and as limited by Condition No. 10; and (2) for approval of extended 'Page 3 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 {modified} height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; 7:45 p.m. Appl. the Zoning Ordinance, County Tax Map Parcel ID No. No. 3977 - MITCHELL MARKS. 1000-63-1-10. Variance to Article XXIII, Section 100-239B for approval of swimming pool, deck and fence construction with a setback at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:48 p.m. Appl. No. 3996 - STANLEY WERNICK. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition and pool with fence enclosure with a setback at less than the required 100 feet from the top of bluff along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchogue; County Tax Map Parcel ID No. 1000-72-1-1.6. 7:52 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. Variance for approval of access pursuant to New York Town Law, Section 280-A over private right-of-way extending off the south side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises is located in the R-40 Low-Residential Zone District and is also referred to as Lots 24 through 30 on the Map of "A.L. Downs" 'Page 4 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 filed in the Suffolk County Clerk's Office on August 14, 1929 as File No. 21. 7:57 p.m. Appl. No. 3999 - FRANK SAWICKI. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage). Subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road Southold, identified on the Suffolk County Tax Maps as Parcel No. 1000-51-03-005. 8:03 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or operation by a not-for-profit corporation. Special Exception application to be filed separately. Premises is known as 3340 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7+- acres. 8:15 p.m. Appl. No. 3993 - KENNETH L. EDWARDS. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory building in an area other than the required rear yard. Location of Property~ The Gloaming, Fishers Island, NY; County Tax Map Parcel ID No. 1000-10-9-2. R-40 Zone District. 'Page 5 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: December 13, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERAllD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF -AP, PEALS TOWN OF SOUTHOLD Dec. 13, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TYPE II ACTION DECLARATION Appeal No. 3997 Project/Applicants: County Tax Map No. Location of Project: Mitchell Marks 1000- 14-2-1.6 29829 Main Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for approval of swimming pool, decks and fence construc- tion with a setback at less than the required 100' from bluff along L.I. Sound 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF ,AP. PEALS TOWN OF SOUTHOLD Dec. 13, 1990 SCO'ffr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E. ,O,.R.A. TYPE II ACTION DECLARATION Appeal No. 3997 Project/Applicants: County Tax Map No. Location of Project: Mitchell Marks IOO0- 14-2-1.6 29829 Main Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for approval of swimming pool, decks and fence construc- tion with a setback at less than the required 100' from bluff along L.I. Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaininq 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicatinq that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk December 13, 1990 ZONING APPEAL NO. 3997 - Mitchell A. Marks Transmitted herewith is Zoning Appeal Application No. 3997 of Mitchell A. Marks together with the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, Notice of Disapproval from the Building Department, Zoning Board of Appeals' Questionnaire, a site plan map, a copy of the deed, a copy of the contract sale of property, and a map of the property. Judith T. Terry Southold Town Clerk REASON FOR APPEAL Con .t, inued I. STRICT APPLICATION OF THE ORDINANCE'would produce procticaldifflcultlesorunneces- Sary HARD~HlPbecause there was a pool that was contructed slightly less than 100 Square'Feet from the ~op of the bluff. This was installed by, supposedly, a professional installer and he was supposed to comply with.all zoning ordinances and building applications. I have tried to-contact.him'regarding this matter and he has not taken my calls. All of the monies have been paid to him with regard to his contract. : . vicinity of this prop.?rty and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT because ~e variance would observe the spirit'of t~e'ordinances and would not change the character of'the district because the pool was built approx%mately 10-15 feet closer than it should have been and I feel that. .this mistake will ~ot intefere with the typography or the'spirit of the zoning rules. The house is also situated on six acres and and is not visible by any other houses or 9ny other property. STATE OF NEW YORK ) ) ss COUNTY OF b '~ ' ) Sworn to this ................................. ..~ ........ day of Signature HAF~VE'y MAR[K~ NOTARy PUBLIC. S~ate of New York · N0.30-25~6~ Qualified In Na~Sa~ Coun~ ~ ~mmission ~pir~ 30, ]~ ii "~,: ' ' ~J, WN OF SOUTHOLD, NEW YORK ~EAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE 10/19/90 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) ..~,....~,L.t..cb.~.LL..A^:.~ar..k,%, ...... i. ........ of ...Ha~,n..,~.t., ...................................................... Name of Appellant Street and Number ................ ..o. .t;...R ................................ .' ........ i ..... .... ~.~W...~gX.k.i,...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ........................................... WHEREBY THE BUILDING· I.NSPECTO.R DENIED TO ( ) ( ) Mitchell A. Marks Nome of Applicant for permit of Main St. Orient Point New York Street and Number Municipality State PERMIT TO PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ...... J~;i,~..~.~.,.,....Q,G~.~l%l;,..~.Q,i,~'Lt;..~...J~.~ ............................... Street /Hamlet / Use District on Zoning Map District 1000 Section . Block 2 Lot/.a~ , ................................................................................. burren: Owner Mitchell A. Mark8 Mop No. -Lot No. Pri0r Owner· Georq~ Mesaikos 2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secti.on and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 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 Law' Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 .., ' () PREVIOUS APPEAL A previous appeal (.J~a~)~ not)~een 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 and was made in Appeal No ................................. Doted .... . .. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance . '~, is requested for the reason that Mitchell A. Marks be granted permission ~o locate h-is pool closer than the top of the bluff than is ~llowed under the current zoning ordinances. The mist~_ake, that Wa,s made w~s ma,d.e.~la~:.the contractor and was a measurement mistake.' ~"~ "- "~' ": ':~':,~:~,:-:~' :~":" ':~:~' ~ ...... Form zal (Continue on other ,). ,q' ~' ~ .REASON FOR APPEAL Cont, inued I. STRICT APPLICATION OF THE ORDINANCE'would pmduce pmcticaldifficulflesorurmeces- sary HARD~HlPbecause there was a pool that was oontructed slightly less than 100 Square"Feet from the ~op of the bluff. This was installed by, supposedly, a professional installer and he was supposed to comply with.all zoning ordinances and building applications. I have tried to'contact.him regarding this matter and he has not taken my calls. All of the monies have been paid to him with regard to his cQntrac~.: . vicinity of this prop.~rty end in this use district' because / The hardship created is UNIQUE and is not shored by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT because ~e..variance would observe the spirit'of the'~rdina~ces'and wou±a not change the character of'the district because the pool was built approx%mately 10-15 feet closer than it should have been and I f~el that this mistake will ~ot intefere with the typography or the spirit of the zoning rules.' The house;/me~_ is also situated on six acres and and is not visible by any other houses or 9ny other property. STATE OF NEW YORK ) ) ss COUNTY OF ~ ,'~. ) Signature ',: ' . Sworn to thls ............................... ~ ...... day of ........ ;;~-:.~O ~.z HARVEY NOTARY PUBLIC, State of New Yor'J No, 30-2539625 Qualified m Nas~'~u County ~mmission Exptre~ ~0, 1~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 28, 1990 Mr. Mitchell Marks 60 East 8 Street New York, NY 10003 Re: Variance - Pool & Deck Dear Mr. Marks: We return herewith your Notice to Adjacent Property Owner together with Certified Mail Receipts. Please return to our office as soon as possible with properly notarized signature on reverse side of the form. Thank you for your cooperation. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN LK:tr Encl. Linda Kowalski ~ SENDER: Complete items 1 and 2 when additior,~.ices ars desred, and compete tams Pu~ your address in th. "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee wilt provide you the name of the person delivered to and the d~eckte of delivery. For additional fees the following services are available. Consult postmaster for fees and box(es) for additional service(s) requested. 1. [] Show to whom delivered, data, and addreseee'a address. 2. ~ Restricted Delivery 3. A~icle Addressed to: 4. Art~le Number ~ ~ Insured A rain signature of addressee 5. Signature -- Addressee Address _ lr ~est~[ fee paid) (ONLY ~ PS Form 3811, Apr. 1989 .c~s.eJ..o. 1,~-~,-,~s DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, addre~r~ end ZIP Coda RETURN TO III PENALTY FOR PRIVATE USE, $300 Print_~e~'~re~d~.~Code inthe space below. ~ SENDER: Complete items 1 and 2 when additi;~lservices are desired, and complete items J~Jt yoU[ e, ddres6 in the "RETURN TO" Space on the reve~ side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services ere available. Consult postmaster for fe~ and check box(esi for additional service(si requested. 1. [] Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 5. Signature -- Addressee X 4. Article Number red [] Insured Return Recei t 8. Addressee's Address (ONLYif reql~$ted and fee paid) PS Form 3811, Apr. 1989 *U.S.G.RO. 1989-238815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your nome, address end ZIP Code RETURN TO PENALTY FOR PRIVATE USE, $300 SENDER: Complete items I and 2 when additionl~rvices are desired, and complete items 3 and 4. · ~ Pu~ your ad~ress in the "RETURN TO" Space on the reverse side. Fai[ure to do this will prevent this card from being returned to you. The return reqeipt fee w,[ provide you the name of the person delivered to and the date of delivery. For additional fees the foUowing services are avaBable. Consult postmaster for fees and check box(esi for additional service(s) requested. 1. [] Show to whom delivered, data, and addressee's address. 2. [] Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Type o ervice: U,d"Certified [] C~D /0~ l) Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature -- Addressee 8. Addressee'&Address (ONLYif' PS Form _':1 ,~ ~.~i'lC RFTIJRI~I FIFi~J:lP'r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Prat your name, addreu and ZIP Code RETURN TO PENALTY FOR PRIVATE USE, $300 Print Sender's name, address, and ZIP Code in the space below. O SENDER: Co[nplete items 1 and 2 when add~ services are desired, and complete items 3 end 4. . Put ~ur address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide yodthe name of the person delivered to and the date ~ delivery. For additional f~es the following se~ices a~e bvailable. Consult postmaster for fees and che~k bo~e~ for additional service(s) requestea. 1. ~ Show to whom delivered, date, and addressee's addres~ [ 2. ~ Restricted Delivery (~tra c~rge) (~tra c~rge) 3, Article Addressed to: ~,'~rticle Numbe~ ~' ~) ~f Service: ~ Certified ~D or ~gen~ and DATE DELIVERED. ~J ~a~r~ - Agent X PS Form 3811, Apr. 1989 *U.S.G.RO. lese-2~e-ets DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS RETURN TO PENALTY FOR PRIVATE USE, $300 SENDER: C'~mplete items 1 and 2 when additi~ervices are desired, and complete items Tr~ype~q~Service: ~ ~ reques~d a~ ~e pai~ PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address end ZIP Code in the spice below. · Complete Heme 1, 2, 3, and 4 on the revoree. RETURN TO PENALTY FOR PRIVATE USE, $300 Print Sender's name, address, and ZIP Code in the space below. /u/, /W · SENDER: Complete items 1 and 2 when addit~l, services are desired, and complete items 3 and~,gi i o · Put your .address in the "RETURN TO" Space on the rev'~e side. Failure to do this will prevent this card fro[ri, being returned to you. The etu n ace pt fee w p ovlde you the name of the person delivered to and the~date'~['de~verv. For additional fees the following services are available. Consult postmaster for fees ~an~chec~ box,(es) for additional service(s) requested. ~0 whom delivered, date, and addressee's address. 2. ~ Restricted Delivery 3, Article Addressed to: 4. Article Number ~ Express Mail ~ / ~ /~)~ Alwaysobt,insignetureofaOd-- or agent and DATE DELIVEHED. 5. Signature -- Addressee 8. Addressee's Address (O~ X requested a~ fee paid) X PS Form 3811, Apr. 1989 *u.s.6.~o. 1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS In the Ip~©e below. Complete Items 1.2, 3, end 4 on the RETURN TO IIII PENALTY FOR PRIVATE USE, $300 Print Sender's name, address, and ZIP Code in the space below. '~ SENDER: Complete items 1 and 2 when additioql~,rvices are desired, and complete items ~m 3 end 4. PtJt your address tn the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recelot fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(esi for additionat service(s) requested. 1. [] Show to whom delivered, date, and addressee's address. 2. [~ Restricted Delivery (Ext, ra charge) (~t~ ~rge) 3. Article Addressed to: ~ ' 4. Article Number ~of SerVice: ~' ~ Express Mail erchan~se ~/ Always obtain signature of addressee ~r agent and DATE DELIVERED, 5. Si~nat~e -- A~ressee ~~ddressee'sAddress(ONL~if X6' Signature - Agent 7. Date o~Delivery PS , Apr. 1989 ,tts.c~P.o. ~ae~-2ae-ets DOMESTIC RETURN RECEIPT SENDER INSTRUCTIONS ~ Prbtt your name, eddreaa end ZIP Codd · Complete Itlml 1.2, 3, end 4 on th~ permits, otherwise affix to back of article. · Endorse article "Return Receipt RETURN TO PENALTY FOR PRIVATE USE, $300 Print Sender's name, address, and ZIP Code in the space below. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee iz~n[ion of~.~ndersigned to petition the Board of Appeals of the Town of Southold to request a~ 5p~al E~) (SpeclalPermit) (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: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 1'hal b~ such Pelition, the undersigned will request tile following relief: __ 7~O ,~;~-~ 5. That the provisions of the Southold Town Zoning Code applicable to/ll~e relief sought by the under- signed are ~cZe ,,X_ X_ ~ S~:~o~ /~',~. 2-¢~/.Z-/ ,~(L) C-] Section 280-A, Neu York To~n Lau 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 ma)' then and there examine the same during regular office hours. (53.6) 765-3.809. 7. That befure 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: /:d/~ ;' Petitioner 0uners'Names: ~ C_- ~'~ ~-: Post Office Address /~..~'. ~; .A.- ,~". Tel. No. (l~) ~f~e [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OFNEW YORK COUNTY OFSUFFOLK /~ / ,~'~ /'44,~,,~) , residing at ,,~. ~'- ,~ -~" /~, .~ , being duly sworn, deposes and says that on the ._~ day of ~ ,~ ' ----~;c~~ ,~*~-/ , 19 ~ , deponent mailed a true copy of the No[ice set forth~n the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at the United Stales Post Of- fice at ,/~- ~/ C. · ; that said Notices were mailed to e.lch of said persons by (certified) (registered) mail. Sworn to before me this day of ~'~-~ Notar~Public H ARylt'y MARKS I~01'ARY pUBLiC, State o~ New York No. 30-2539625 Qualified i~ Na~a~ County ~mmJssion Expires~h 30, (This side property does not have owners.) to be completed on form transmitted to adjoining ~P 264 &61 713 RECEIPT FOR CI~RTIFIE~) MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P 0, State a Code Ce~,Oed Fee , .~' Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date and Address of Delivery TOTAL Postage and Fees Postmark or Date P 264 861 715 RECEIPT FOR CERTIFIED MAIL (See Reverse) StreT~.~d(~° ~ ~,,,~ ~ P State' and ZIP W// ?CC Postage [ ¢ tS Date. and Address of Delivery P 264 861 714 RECEIPT FOR CERTIFIED MAIL (See Reverse) PO . .Stat~.and~ZIP Code~ TOTAL Postage and Fees P 264 861 710 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INPERNATIONAL MAIL (See Reverse) Sent to sT tan *S P State a d ZIP Code Codified Fee S~cial Delivery F~ Restocled Delivery Fee Return R~eipt showing to whom and Date Deliver~ Return Receipt showing to whom. Date. and Address of Delive~ TOTAL Postage and Fees S~. Postmark or Date P 264 861 711 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAll. (See Reverse) ZiP Code TOTAL Postage and Fees P 264 861 709 RECEIPT FOR CERTIFIED MAIL NO INSLIRANOE COVERAGE RROVIOEO NOT FOR INTERNATIONAL MAIL (See Reverse/ Postage S S~cmal Delivery F~ Restrict~ Delivery F~ Return R~eipt showing to whom and Date Delivered Re~urn Receipt showint~lo whom, Date, and Address of ~elive~ TOTAL Postage and F~s Postmark or Dale P 264 861 712 RECEIPT FOR CERTIFIED IV NO INSURANCE COVERAGE PROVIDED NOT POR INTERNAPIONAL MAIL (See Reverse) Stre a d No - Codified Fee i i Special Delivery Fee Rest,cted Delivery Fee Return Receipt showing to whom and Dale Dehvered Return Receipt showing to whom Date and Address of Delivery TOTAL Postage and Fees Postmark or Date 9 :.3.~ , ; _ § FU LBRIGHT JAWOR$ KI 345 PARK AVENUE NEW YORK, N Y 10154 TELEPHONE: 212/486-5500 CABLE ADDRESS: REAVCABLE~ NEW YORK & REAVIS MCGRATH BOARD OF APPEALS, TOWN OF SOUTHOLD Town Clerk's office 53095 Main Road P.O. Box 1179 Southold, New York 11971 November 26, 1990 NEW YORK FULBRIGHT & JAWORSKI HOUSTON WASHINGTON, D.C. AUSTIN SAN ANTONIO DALLAS LOS ANGELES LONDON ZURICH Dear Sirs: Kindly be advised of the following change of address: Change: Achinger, Alexander & Roswitha c/o Rohm International, P.C. 767 Fifth Avenue, New York, NY 10153 New address: Dr. Alexander Aichinger ~rs. Roswitha Aichinger c/o Ebex'hard H. R~lm, Esq. FuhBI~GHT JAWOI~KI & RKAVIS I~CGRATH 345 Perk Avenue New York, NY 10154 Should you need further information as to this change of address, please do not hesitate to contact the undersigned. Sincerely yours, Eberhard H. R6hm EHR/cc "'I PROJI~CT I.D. NU,~IBER ~ 617.21 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 ' . . . 3. PROJECT LOCATION: 4. PRECISE LOCATiON,Street~~etSg,~~.2~~'_~' ~.. SEQR 5. IS PROPOSED ACTION: ~}Exoanslon 6. DESCRIBE PROJECT BRIEFLY: E] Modi ficatlonlaBerat Ion 7. AMOUNT OF LAND AFFECTED; ~ Initially ~ acres Ultimately ~ acres ~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? [] Yes ~ NO If NO. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , · '~Res*c~en t,a, [] Industrial :El comme,cial [] AgricuBu,e [] ParldFo,es~/Ope, space [] Ofher Describe: 10. DOES ACTION INVOLVE A PERMIT APPR~uNDiNG. NOW~'R ULTIMATELY F~ STATE OR LOCAL)? ~'~n,',mcr~[. AGENCY (FEDERAL, [] Yes .~ No II yes, Iisi agency(s) and permit/approvals DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] No If ye~. list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ J~ Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE DEST OF MY KNOWLEDGE ApplicanllSponsor name: /~.'~J~*,c~- ,~d~2.~,.g~,.<. · Slqnalure: ~__~ . ~ Dale: "action is in the Coastal Area, and you~ Coastal Assessment Form bef~oc~ 1 ~Continbed on reverse side) The N.Y.S. Environmental Quality Review A before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~i INSTRUCTIONS: {a) In--order bo answer the questions in this short gAF it is assumed that the preparer will use cUrrently available information concerning the project and the likely impacts of the a~tion. 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 significa~%t. (d) Environmental Assessmene 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? 2. Will there be a major change to any unique or ~nusual land form ou the site? ___Yes ~ No 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large, impact on 5. Will project significantly effect drainage flow on adjacent sites? ~Yes 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 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 paleontologicu[ importance or any site designated as a critical environmental 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 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? 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 period or have a major negative effect on the charact~?of the community or neighborhood? 15. Is there public cOntroversy concerning the prelect? . ZHA ~/75 __ QUESTIONNAIRE TO BE CO:4PLETED AND SUBMITTED ~TI[ YOUR APPL/CATION FOi~.IS TO TIlE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes ~ 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? ~ No 5. If project is proposed for an accessory building or ' structure, is total height at more than 18 feet above average ground l~el? 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 1---~17 State total: ........... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? ' ' 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? 13. Please list present subject property at and proposed Please submit photographs use or operations conducted upon the this time . ~ ~7~_ for the record. No No Yes ~ Yes Yes Yes Yes Yes Yes ~ I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. ~ignature (Property Owner) (Authorized Agent) 1188 FIRE LOSSES This~ of contract contains no express provisio~.to gsk o.r.loss by rite or other emsually be. fore delivery of ~e c]~d. Unless express provision is m%d,e, the pT~,zsio, ns oz.?j,e.c, tion 5.131! of the General Obligalions Law will apply. This section also places sisk os loss upon purchaser zz t,ue or possession is transferred prior lo closing. BETWEEN GEORGE MESAIKOS and ANNA MESAIKOS, his wife, residing at 430 Nest 23rd Street, New York, New York 10011 here~aflerdesc~bedasthes¢ller,~nd MITCHELL MARKS, residing at 60 East ................. New'YOrk, New York 10003 8th Street, DIST. 1000 SECT. 014.00 BLOCK 02.00 LOT )01.006 here~afler described as ~e purchaser, ~/ITNESSE~I, ~at the se~er agrees to seU ~d convey, and Ihe purchaser a~ees to purchase., all lh~t ecoala ~ot, piece or parcel of land, ~iO'~h~~~ed. situate, lying and being ~l~: at Orient, in the Town of Southold, County of Suffolk and State of ~ew York, bounded and described as follows: BEGINNING at a point in the'southeasterly corner of the ~remises to be described distant the following two (2).courses and distances from the intersection of the westerly line of land of Jessie Pe~tberton and the northerly line of Old Main. R~d,.towit: (1) North 1 degree 34 minutes 30 seconds East 152.98 feet; and (2) North 19 degrees 47 minutes 00 seconds West 1145.87 feet to the southerly line of the premises herein described; running thence South 79 degrees 38 minutes 30 seconds West along the southerly line of the premises herein described 219.04.feet to other lands of Whitcom Inves~nt Company, said point being the southwesterly corner of the premises herein described; thence ruling along said last mentioned land North 18 degrees 38 minutes 05 seconds West 1243.32 feet to the ordinary high water ~rk of Long. Island So~d; thence.on a tie line along the average high water mark of Long Island Sound North 81 degrees 43 minutes 50 seconds East a distance of 195.08 feet to land of the Estate of ~elia Sledjeski fo~erly David Petty; thence along said mentioned land.South 19 degrees 47 minutes 00 seconds East 1240 feet to the point or place of beginning. TOGETHER WITH a rightrof-way in common with others over the southerly 60 feet of the premises described as lots numbered 1, 2 and 3 on minor subdivision map of Whitcom Investment Company, as prepared by Young and Young, L.S., dated July 27, 1978 and as last amended September 2, 1980, filed with the Planning Board of the Town of Southold. Being and intended to be the same premises conveyed to .the sellers here by deed recorded in Liber 9689 cp.15. Continued on Exhibit A annexed hereto 1. This sade includes all fight, title and interest, if any, of the seller in and to any land lying in the bed of any slreet, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of Ihe seller in and to any award made or lo be made in lieu thereo£ and in ~lnd to any unpaid award for damage to said premises by reason of change of grade of any street; and Ihc sdlei' will execute and deliver to the purchaser, on clesi.g of title, or therea:.er, on demand, all proper instruments for the conveyanc,e of such lille and the assignment and colleclion of any such award. 1~,~'~' ew Yo~k 2. T~e price is Doilm0 payable u folinws: FOUR HUNDRED AND EIGHTY THOUSAND ($480,000.00) .......... TWENTY-FIVE ~HOOSAND ($25,000.00);' ................. .- .............. Dollar_, on thc signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; '.EVENTY-FIVE THOUSAND ($75,000.00) .................................. Do~ in ca~' or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; Dcdlats THREE HUNDRED AND EIGHTY THOUSAND ($380,000.00 ................. ---'- Dolls, by the purchaser .xq~..m,.,~xaxexecuting, acknowledging and delivering to the seller a bond'or, at the option of the sailer, a not secured by a purchase money f irst mortgage on the above premises, in that amount, payable as to principal three (3) years from date t£tle closes hereunder, together with Interest at the rate of 10 % ~r ~num payable ~ follows: interest 'shall be payable.~,~ the c:].osi:r~ through December 31, 1988 on December 31, 1988, and thereafter interest sb~!l be payable q~!a~terly. per cea 3. Any bond or note ~nd mortgage to be given hereunder shall be d'rawn on the stand'etd forms of N~v York Boasd ofl'l~l ~4~d.r~r tars for mortea~es of like lien; and shall be drawnby the attorney for she sdhr at the expense of the purcl~ue o's~' ~1 ~so pay the n~o~tgage recording tax and recording fees. (T.EG~aJ., FEE r $ 5 0 0'. 0 0 ) 4. If such purcht~e money mortgage is to be a subordinate mortgage on thi~ premises It shall provide t~t it s~all be subje. and subordinate to the lien of the existing ; mortga~te . nfs . , anyexte, · ions thereof and to any mortgage or consolidated mortgage which ~lay be placed on the premu~s In lieu thereo and to any extensions thereof provided (a) that the.interest.rate there.of, shall not be. g~.eat.etr ,then. . . per ce~. per annum and (b) that, if the principal amount thereot snell exceao the amount ut prmctpat owmg an~ unpam on se! existing mortgage at the time of placing such new mortgage or. consolidated mortgage, the excess be paid to the holder -- such purchase money mortgage In reduction of the principal thereof. Such purchase money mort~ge ~ also provide t~ such payment to the holder thereof shall not alter or affect the regular installments, If any, of p~nclpal payable and s~=~l further provide that the holder thereof will, on demand and without charge therefor, execute, r. knmvledle deliver any a~eement or agreements further to effectuate such subordinatinn. - ~-~ 5 if there be a mortgage on the premises the seller agrees to deliver to the purch~er at the time of deliver,/oftha deed proper certificate executed and acknowledged by the holder of such mostgage ,,nd in form for recordinf,, certifying as to ·mount of the unpaid principal and interest thereon, date of maturity thereof and rata of l.nta.t.est therson, ~nd the ..Seller pay the t'~'es for recording such certificate. Should the mortgagee be a bank or other institution as defined in SecUon 274- Heal Property Law, the mortgagee may, in lieu of the said certificate, furnish a letter signed.by a duly authorized off,ce or employee, or agent, containing the information req.u, ired to be set f.o, rth in said certificate. Seller represents that au.: mortgage will not be in default at or as a result of the dehyer7 of the deed hereunder and that nelther said mortgage,nor an · modification thereof contains any provision to-accelerate payment, or to change any of the other terms or provhio~ thereof by reason of the delive~ of the deed hereunder. 6. Said premises are sold and are to ,b,e'conveyed subject to: a. Zoning reguhtions and ordmances of the city, town or village in which the premises existing', structures. ,, ' ~r b, Consents by the seller or any former owner of premises for the e~ectlon of any structure or stn~ctures on, under above any street or streets on which s~id premises may abut. 7. AU notes or notices ofvloL~tlons oflaw or municipal ordinances, orders or requirements noted in or tu~ed by the Depa meats of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department ~having juflsdict[on, against affecting the premises at the dati hereof, ~all be complied wish by the seller and the pran'~ses shall be conveyed free the s~me, and this provision of this contract shall survive delivery of the deed hereunder. T~e seller shall furnLsh the c~as~r wi~ a.n authorization to make the necessary searches therefor; R.× AU obligations affecting the pr.?.~ncurr.ed under the Em~l~ncy Repairs provist~'.o.f'.t!'~ .:~ministrative Cc of t~e City of New York <Sectinns 3c~t.ru.R, arc4 prior to the de~v%r,/rof the deed shall be pa]d~.~d d~harted by the. ler6~e~thede very of the deed This~orovisfOnshal survive the d~li~ety ol.~.tha deed ~': X - - ' 9. If, ~ ~e time of the deliver~c~f the dee?~e premises or ~ny part t~c~eof shall be or~all have beanXeff¢cted by assessm~nt'or assessments whic~re or may necome payable iK annual lnstali'~ents, of w}tt~ the first installment is thc~ charge or li~,x~ has been. R~d, then. for the purposes of dlis. contract all the&opaid i]otallments of any sucRCassessm~e:. including those which are t~ become uue and payabl~:~'ter the delivery of the d~e~, s~Lall be dec,ned to be due and to be lien~ ulle~: tbs premises affected thereby a~C shall be paid and disc'~ged by the ~ller, u~n the o~ t~e deed. x ' . - . .~ 10. The following ate to be apponloned: · -~am~x~~m~Lo/~axes ann sewer rents, i~ any, on the basis o~ the ~yeat for whi assessed. (~ ~~~k~K~K~~ i 1. [f ~he dosin~ of the title ~:! ~cur before die ~ox ra~e is ~ed, the apporfionmen~ oF ~es ~ll be u~ ~4 o~ ~c ~x ~e ~or thc next p~ecedin~ ycor lpplied to the htes~ a~ssed valui(lon. the intervening time shaJ] be ap.p.~tioned on the basis of such last reading. 13. The deedshallbetheusd~a:gain & Sale with coven~t against grantor's acres deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the put. chair the fee simple of the said premises, free of all encumbrances, except as herein slated, and shall contain the covenant required by subdivision $ of Section. 13 of the Lien Law. If the seller is a corporation, it will deliver lo the purchaser at the time of the delivery of the deed hereunder a resolu!ion of its Board et' Directors authorizing the sale and delivery of lite deed, and a certificate by the Secretary et Assistant Secretary of the corporation certifying such rose uriah and setting forth facts showin8 that the conveyance is in conformity with the zequiremehts of Section 909 of the Bus ness Corporation Law The deed in ~such case shall contain a recital sufficient to establish cotnpliance w th said section. 14. At the closing of the title the seller sba I de vet to tho purchaser a cerlified check to tire order of the recording officer of thc county in which the deed s to b6 recorded I'or the amount of thc documenta,Y stamps to be ai'f~xed thereto n accordance with Article 31 o£ the Tax Law, and a certified check to the order of the appropriate uft]cer for any other tax payable by reason of the deliver/of the deed, and a return, if any be required, duly sidled and sworn lo by'the ~ller; ~nd the purchaser also agrees to sign al~d s~,e'ar to' the return ,and to cause lite check and the return Io be delivered to the appropriate officer promplly after the closing of title. uC~lat~ioi. In addition, :~t,,~eller shall at xO~ sasRe time· deliv~;{~: the purch~ a cetllfle~:hcck Nkk~e order the Fi ncc n_is?r.,a, tor.~d~-0!e~to.u.nt.of th.itR~l, o~r.l.y Transit Ta~.mpos~b-9'~'llle I~.r~hepter a&..of the · x - , .,'- 6 . ~,,m sworn ~o oy, a./ll~,selle~"lne purchaser agrees Io sign d ~s~v;e~r to ~.e.:,~eturn and to caus~.~he check and theV. r:~.,~ io be deli.~'~,~ to the~.);~i'.egister:}~:~0mptly ~':~thecl~gof ,~ · ]6. The seller shall give and lite porchaser shall accepl a'litle such as an'~' t'i~-I ..... .--~- =--' .... in Suffolk County and , a Member of the New York Board of Title Ufldcrwrtters, will approve and insure. 17, All sums paid on account of this contract, and the reasonable expenses of the examination el'the titl~ to said prom- ises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the pnrchaser under this contract. . "{,' . , . g g ' y ~ Io going, ~.uc~ fixlure~uand ard/Lcles of perso I propertx them'de plumbing, neatin~,×ligutig~ an,~ c~X,.ing f't,X~ure~r cgtg. ditioni~g fixtih~e,~nd unfls rankae'), refer, crate, Yale :,nd te evisio~aerlals. ~txhers°,~tn~m~r~ok~trCshemna~la-Sb~.s,v.m,.a.n,~.?.,.~l_o_~r_ '.n~o.~ venetian ~l~ds~(shades,.s~r'eens' awnln~storm '~j~dows, ~d°w ~. ...... ~..~,,.,,....a.cs, .a~otes, pumps, sm'x"ooery aaa o%~por slaluarF, " X V A C A N T 1'. A N D. 19, The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and di~:harge, with the interest and penalities thereon to a date not less than two business days slier the da e of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price provided official bills therefor with interest and pc,tallies ~hereon figured to said date are furnished by the seller at the closing. . . 20. If at the date of closing there may be any oilier Iens or encumbrances which the seller is ~.~Jigaled o payand d charge, t~e seller .may use any portion of t e balance of e pure iasc pr ce to satisfy the same~'~rovided the seller sha~l ~'nultancously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient lo satisfy such liens and encumbrances of record together with ,the cost of recording, or filing said instruments; or, prey dod that the seller has made arrangements with ~he title company employed by the purchaser in advance of closing, seller will deposit with rmid company sufficient monies acceptable to attd reqt ired by it to insure obtain ng and the recording of such satisfactions and the issuance of title insurance'lo the purc raser either free of any sltch liens and encumbrances, or w th insurance against enforcement of sa~e out of the insured premises. The purchaser, if request s made within n reasonable time prior lo the date of closing of title, agrees to provide at the closing separate certified checks as requested, a~',regating the amount of the balance of the purchase price, to facililate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections t0 title if the ~eller shall comply with the fore. going requirements. 21. ]fa sc:~rch of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the seller, the seller wUI on request deliver to the purchaser an affidavit showing that such judgments, bankruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to r~fund lo the purchaser the amount paid on account of the purchase price-%nd to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwrilers, and the net c?t of any survey made i.n connection therewith incurred by the purchaser, and upon such refund and payment being made t2h3is c~.~[radcct¢~hsa~lal~odnei:dv~red canceled· _ ~.C:) / - · red upon the receipt of said payments at the office of Fred~r~.ck J. Tedeschi, 218 Front Street, Greenport, N.Y. 11944 on the 'l'ater of March ~/~1988 Or ten (1-03 aft:ar the receipt of the bu21ding permits r&ferred to in the p.~r~,- annexed hereto. 24, The parties agree that no broker is the broker who brought about this sale and the seller agrees to pay any commission earned thereby. 25. It is understoodandagreed that all understandings and agreementshereto£ore had between the' parties hereto are merged in this contract which alone fully and completely expresses the r agreement, and thai the same is entered into after full invesligation, oeither party relytngupon any statemenLor representation, not embodied in th s contract, made by the other. The purchaser has inspected the buUdings stand ng on sa d premises and is thoroughly acquainted with their condition and agrees to take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deteriora- tion between the date thereof and the closing of title. 26, This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word 'purchuer" shall be co,~strued as if it read "sellers or 'purchasers" wherever the sense of this agreement so ~3:qulrel.-----... IN WITNESS WItEREOF, this agreement has been duly executed by th~/parties hereto/'/~'__... R/der atmexed l~_reto · ] /,~' ~,,//,~,, ' ~ An'rid Mesaikos · Mitchell Marks RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF SALE BETWEEN GEORGE MESAIKOS AND ANNA MESAIKOS, HIS WIFE, AS SELLER, AND MITCHELL MARKS, AS PURCHASER 1.- Purchaser agrees to ~eliver to the attorney.for the sellers herein a list of any objections or violations which may appear on any proper examination of this title, and if any ob]ect~ons or violations appear on said title examination and cannot be cleared by the Seller by the time Set for the closing of tztle, then Seller at their option, shall be entitled to a reasonable adjournment of the closing for the purpose of removing said objections or violations. Nothing herein shall be deemed · to require the Seller to take any legal action or proceeding to cure any defects in title. 2. The Purchaser and Seller each represent that no Real' Estate Broker .brought about the sale agreed upon. Purchaser and Seller, each, as an indemnifying party, agree to indemnify and hold harmless the other, as an indemnifi~R n~,,v from and against any and an successful, claims (inciL-d]n g";ii costs and expenses) resulting form an~."successful claim that may be made against the indemnified party ~y any broker or other person successfully claiming a commiss}on, fee' or other compensation by reason of this transaction, ~f the same shall arise by, through, or on account of any act of the indemnifying party or his representatives. The provi:s:ions~?f this paragraph shall survive the closing. '~ 3. Purchaser shall take title, subject to~isny state of facts an accurate survey or personal inspection ~ay show, provided same does not render title unmarketable; Covenants, utility easements, restrictions, rights of way and agreements. of record; if any, provided the use of the proposed structure will not violate same. 4. In addition to the usual clauses contained in the Standard Form of New York Board of Title Underwriters for Mortgages, the Mortgage to be given hereunder by the purchaser shall contain the following: A. Being the same premises conveyed to the mortgagor herein by deed from the mortgagee executed and delivered and intended to be recorded simultaneously herewith, this being a purchase money mortgage for the sum stated herein. B. The property covered by this mortgage is or will be improved by a one or two family residence or dwelling only. . .. C. All payments to be made hereunder. shall be delivered to the holder of this mortgage at such places as the holder of same may designate in writing. D. That the unpaid principal sum shall bear interest at the rate of ten (10%) per centum per annum until the entire principal sum hereof has been fully paid, not withstanding any default hereunder or condemnation of the mortgaged premises. E. In the even~ of a default under this mortgage, and if the mortgaged premises shall be abandoned or action to the parties, Seller's attorney shall have o further obligations with respect to such amount. Seller'~ attorney shall receive no payment for handling such amount and shall hot be liable for such' handling except in the case of gross negligence of willful disregard of the provisions of this Contract. By signing this Rider, Seller's attorney has agreed t'o act as escrow agent as provided above. 10. If Purchaser defaults hereunder, Seller's sole remedy shall be to retain the downpayment as liquidated damages and neither party shall.-have any further liability or obligation hereunder. 11. All notices hereunder shall be gent by registered or certified mail, return receipt requested, postage prepaid, addressed to the parties at their addresses set forth above, with copies to the attorneys for the parties sent in the same manner at the following addresses: To Seller's Attorney: Frederick J. Tedeschi 218 Front Street Greenport, NY 11944 To Purchaser's Attorneys: ali Newman Tannenbaum Helpern Syracuse & HirsChtritt 900 Third Avenue New York, New York 10022 Attention: Philip L. Sharfstein, Esq. The attorneys shall have the authority notices on behalf of thei= clients. to send any and 12. Seller and Purchaser agree to prepare'an'd execute all forms required under Article 3lB of the New York Tax Law regarding payment of the New York State 'Gains Tax". Seller shall pay such ta~, if any, as and when required thereunder. 13. Purchaser or his representative may inspect the Premises from time to time upon reasonable notice to Seller. 14. Seller will cure any title objections.which may be cured by the payment of money only. However,. in: no event shall /payment exceed $100,000..00. · . 15. This . contract is_ conditioned upon Purchaser"s obtaining ~all required permits to build a single Family /dwellingz~on the premises of not less than 2,000 square feet by ~' Marsh .~,/7-1988.. -- Purchaser shall submit plans to the appropriate~authorities to obtain such permits not later than ~.-"' February 1~. 1988,..~ and such plans shall provide for building in accordance with the applicable specifisations and requirements applicable to the premises. In th.~vent Purchaser has not L/"received such permits by ..['~6h~ ~,...1988...i= Purphaser shall have the right to terminate this Contract upon notxce to Seller given not more than ten (10) days t~ere~fter, and upon such termination of the Contract, all sums theretofore paid on account of the purchase price shall be returned without delay and without interest to Purchaser, and all parties hereto shall have no further liability hereunder. the 3401h-3 vacated by the mortgagor, or any successor in title, the mortgagee shall be entitled to take possession of the premises and to take whatever steps necessary to protect and conserve the mortgagor's security. F. That the holder of this mortgage in any action, to foreclose same shall be entitled to reasonable attorney's fees to be fixed by the court. G. At the mortgagee's option, mortgagor will pay a late charge not exceeding three (~;,) per cent of any installment when paid'more than fifteen (~; days after the due date thereof to cover the extra expense involved in handling delinguent payments. H. The whole of said principal sum and interest thereon shall become due and payable at the option of the holder of the mortgage in the event of sale or transfer of title without the .consent of the holder of this mortgage .or. secondary financing. I. The mortgagor shall have full Prepayment privilege without penalty for the term of. the mortgage but not · in the calendar year of closing of title.' 5. The submission of this contract does not constitute an offer and neither side shall be bound until the contract is signed by all parties. ~ 6. If there is a conflict between the printed portions of this contract and the provisions of this Rider, the terms of this Rider shall control. ~' of the same. 7. Seller represents that Seller is the sole owner Premises and has full power and authority to sell the 8. Seller shall deliver to Purchaser at the Closing possession of the'Premises vacant. ~ 9. The amount to.be paid to Seller on the signing of this Contract shall be paid for Seller's account to Seller's ,--~ attorney to be held in escrow .~n/a separate, federal.ly i~sured, non-interest bearing account uh~tl% the~- Closing, at which time such principal amount shall--be paxd to Seller. If for any reason the Closing does not occur and either Seller or Purchaser makes a written demand upon Seller's attorney for payment of such amount, Seller's attorney shall give at least 10 days written notice to the other party of such demand and of his intention to pay over such amount to the other party on a stated date. If Seller's attorney does not receive a written objection to the proposed payment before the proposed date for making such proposed payment, Seller's attorney is hereby authorized and directed to make such payment. If such other party delivers to Seller's attorney written objection to such payment before the proposed payment date, Seller's attorney shall continue to hold such amount until otherwise directed by written instructions by all parties or a final judgment of a court. In the event of~ such dispute, Seller's attorney may deposit such amount with an appropriate court and, after given written notice of such 3401h-2 16. This Contract may be assigned provided that Purchaser remains responsible for under this Contract. by Purchaser all obligations 17. Seller shall deliver to Purchaser at Closing, an affidavit that Seller is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code. A~na Mesaikos PURCHASER: Mitchell Marks ESCROW AGENT: 3401h-4 EXHIBIT A a~db~ng at Orient, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: A One-fourth (1/4) undivided interest in and to the 50 foot Right of Way running between the northerly line of Main Road (NYS Route 25) and the southerly line of Lot ~1 on the foregoing described minor subdivision map of Whitcom Investment Company, more particularly bounded and described as follows: BEGINNING at a monument in the southwesterly corner of the Right of Way herein 'described, the s.aid monument also being at the southeasterly corner of land of Harrison M. Demarest, Jr., Robert T. Demarest, and Louis M. Demarest, formerly Lydia E. Young; thence from said point of beginning running North 15 degrees 09 minutes 20 seconds West 845,74 feet to' the southerly line of a proposed 60 foo~ Right__~f,~ay and othe~ of the running thence North ~9 degrees 38 minutes 30 seconds East · along the southerly l~ne of said proposed 60 foot Right o'f Way 71.92 feet to a point in the southerly line of said proposed 60 foot Right of Way;. ' running ttience southwesterly through c~t41er land c .... c of the first part on a curve to the left with a radius of 20.00 feet (said curve connecting the southerly line of said 60 foot proposed Right of Way with the easterly line of the 50 foot Rigl]t of Way herein described) a distance of' 33.09 feet; running thence South 15 deg_ree_~s~.~s~.~0,s. . ~/~ the westerly l~ne of land now or formerly of Ralph O. and Elinor L. Williams 850.64. feet to the northerly line of Main Road (NYS Route 25); thence along said northerly line of Main Road (NYS Route 25) North 73 degrees 29 minutes 10 seconds West 58.75 feet to the monument at the point or place' of BEGINNING. FOR INFORMATION ONLY: DISTRICT 1 0 0 0 SE(~"['ION O1 4. O0 BLOCK 02.00 LOT 001.006