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HomeMy WebLinkAbout3765 Southold Town Board of Appeals HAIN ROAD-STATE RrlAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS James D~nizi0, Jr. Upon Application of JOSEPH SPITALI~E for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for placement of a new dwelling structure with an insufficient setback from the front property line. Location of Property: Right-of-Way located along the east side of Cedar Beach Drive, Southold (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of JOSEPH SPITALIERE under Appeal No. 3765; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for a Variance under Article III, Section 100-31, Bulk Schedule, for permission to place principal dwelling structure with a reduced setback from the front property line at 30 feet, as shown on the Topographic Map prepared by R.J. Mavrikakis, L.S. lastly revised September 19, 1988 (No. 88-6). The setbacks proposed from the "flagged" wetlands line are shown to be approximately 50+ feet, and from the sides at 10 and 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. 3. The premises in question contains a total area of approximately one-half acre and is presently vacant. '~ag~ 2 - Appl. No. 3765 Matt~er of JOSEPH SPITALIERE ~ecision Rendered October 6, 1988 4. Article III, Section 100-31, Bulk Schedule (Column "A") of the Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The reduction proposed by this application is from 35 feet to 30 feet. 5. For the record it is noted: (a) that the premises is located near the end of a private right-of-way; (b) that an application is pending with the N.Y.S. Department of Environmental Conservation under #10-88-1029, and their Agency has urged that the distance to wetlands be maximized (see communications dated June 7, 1988 and August 15, 1988); (c) that an application is pending with the Office of the Town Trustees under #631 and has been placed temporarily in abeyance; (d) that the premises contains a substantial amount of meadow land and wetlands, which limit the buildable upland portion of the premises. {The setbacks from the meadow and wetland areas are not within this Board's jurisdiction under Chapter 100-Zoning of the Town Code.) 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 15% of the requirement {reduction of five feet}; (b) the relief requested will not alter the character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the ~Pag~ 3 - Appl. No. 3765 Matter of JOSEPH SPITALIERE Decision Rendered October 6, 1988 variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance for a reduction from a 35-ft. frontyard setback to a 30-ft. frontyard setback, as applied in the Matter of JOSEPH SPITALIERE under Appeal No. 3765. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~ ,~/~ H~R~,' ~o Town Clerk, Town ®f Southo APPEAI~ BOARD IVIEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 10, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appl. No. 3745 Improvements within Right-of-Way Dear Mr. Spitaliere: This letter will confirm that we are in receipt of your request for a final inspection of the right-of-way which is the subject of the above appeal, and which right-of-way extends off the east side of Cedar Beach Road (near its intersection with South Bayview Road), which provides access to Lot #41 & 42 (combined) and Lot 944 shown on the "Map of Cedar Beach Park." The improvements recently constructed at the base of this right-of-way are found to be excellent and acceptable as meeting the specification requirements under the above determination. Please be aware that each and every lot along this access route will be subjected to periodic inspection and update, and to continuously maintain the entire length of the right-of-way in good condition, at all times (as per New York Town Law, Section 280-A). Please feel free to call us at any time if you have ques- tions. Very truly yours, cc: Building Department Attn: Inspectors GERARD P. CHAIRMAN GOEHRINGER DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING October 14, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~o~n T. Beebe ~/~oseph Spitaliere oWE & S Associates Municipal File Number(s) 3739 3765 3774 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L, NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Section 100-31 Bulk Schedule Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3765 Applicant: Joseph Spitaliere Location of Affected Land: ROW E/s of Cedar Beach Brive, Southold, NY County Tax Map Item No.: 1000-~-4-14 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned 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 permission to place a new dwelling ~n~,~r~ with an insufficient setback from the front frontyard. Land Copies of Town file and related documents enclosed for your revfew. Dated: October 13, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James D~inizio, dr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 October 12, 1988 PERSONAL DELIVERY Mr. Joseph C. Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appeal No. 3765 - Frontyard Variance Dear Mr. Spitaliere: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' and Town Trustees Offices for their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Town Trustees Office of the Building Inspectors Suffolk County Planning Commission 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 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 INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Attention: Vic Lessard, Department Head Board of Appeals May 9, 1991 Building Permit Applications at Cedar Beach Area Requiring Application to ZBA for 280A Access As you may recall, there is a private right-of-way referred to as "Orchard Lane or Private Road #16 in Southold, which extends from the easterly side of Cedar Beach Drive (just south of General Wayne Inn) to several vacant parcels identified at Sections 090 and 089 of the Suffolk County Tax Maps (in the vicinity of 100-90-4-14, 19, 20 Spitaliere, Bleifeld, or others as landowners). We ask that you please flag your records to show that no building permits may be issued for any vacant lots in this area having access along this unimproved private right-of-way until each landowner has applied directly, by formal application, to the Board of Appeals for 280-A Access. It is our understanding that electric lines and water lines are buried under the right-of-way in question, and in the event a new home is built, facilities would need to be provided by digging up the right-of-way, substantially disturbing its base and requiring further Z.B.A. action or inspections. The Z.B.A. files show that all inspections of this right-of-way must be done through the Z.B.A. or alternatively through the Planning Board, particularly since there are many lots which have not been built upon in this area and the lots are on a previously filed subdivision map. Thank you for your assistance in this regard, and should you have any questions, please feel free to ask. Attached are copies of the County Tax Maps of this area for your convenience. '~o'"" ~) COUNTY OF SUFFOLK ~,.~ SOUTHOLD ~1~ r~ .... ~ _~ Real Property Tox Service Agency ,~Gea~ 089 NeW York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 (5]6) 751-7900 August 15, 198 ,~ Thomas C. Jorllng Commissioner Mr. Glenn Just JMO Consulting P.O. Box 361 North Country Rd. Wading River, NY 11792 Re: Joseph Spitaliere Application No. 10-88-1029 Dear Mr. Just: As a follow up to our meeting today, our field inspector revealed the following. Your proposal is 33' from the northwest corner from the proposed deck and 35' form the southwest corner as shown on the March 26, 1988 survey by R.J. Mavrikakis. We encourage you to maximize the distance to the wetlands to approach our 75' minimum setback to those wetlands. The distance to the wetlands can be increased by: 1. Reducing the overall project size, ie. eliminating the decking and reducing the house size. 2. Relocating the house clsoer to the road and applying to the Town for a variance. Please be aware that any variance to our 75' setback requested must be the minimum variance necessary to alleviate the alleged difficulty. The burden of proof is your responsibility. Additionally, we are in receipt of a Negative Declaration dated June 23, 1988 from the Town of Southold Board of Trustees and, as such, the SEQR process is completed. Upon receipt of four copies of revised plans maximizing the distance of the proposal from tidal wetlands and a letter explaining what attempts have been made to meet our setbacks, we will continue to process your application. Sincerely, Dennis W. Cole DWC: j f Senior Environmental Analyst cc: Linda Kowalski, Southold ZBA F/ Frank Kujawski, Jr., Southold Bd. Trustees · J WSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 1, 1988 TELEPHONE (516) 765-1892 Mr. Glenn Just J.M.O. Consulting N. Country Road Box 361 Wading River, New York 11792 RE: Joseph Spitaliere - Application No. 631 Dear Mr. Just: As you kno~ the Town Trustees concluded the Public Hearing in regard to the above matter on August 25, 1988. In accordance with Article II, 97-21 (J) of the Town Code, this office will need documentary proof that all other necessary permits and approvals have been obtained prior to the Board rendering a decision on this application. Please feel free to call this office should you have any questions or concerns. ~Very truly yours L . r 'President ~ Board of Town Trustees FAK:ip cc: N.Y.S.D.E.C. (10-88--1029) Joseph Spitaliere Board of Appeals Bldg. Dept. /New York State Department of Environmental ConservatlonU ~ ~' ~ Dear ~; ~'q ' Re: LEAD AGENCY COORDINATION REQUEST The purpose of this reauest {s to determine under Article 8 (State Environmental Quality Revde¢ - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 th-e following: 1. your jurisdiction in the action described below; your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. I have enclosed a copy of the permit application and a completed Environ- mental Assessment Form to assist you in responding. DEC Project #: lo.~d,~._ lo "~ c~ DEC Permits: SEQR Classification:[ ] Type I ~ Unlisted DEC Contact Person: DEC Position: ~] DEC has no objection to your agen .v as~-,~ming lead agency status for this action, [ ] DEC wishes to assume lead agency status for this action. [ ] Other. (See comments below) Comments (optional): The lead agency will determine the need for an en~rironmental impact statement (EIS) on this project. If you have an interest in being lead agency, then please contact this office within days of the date of this letter. If no response is received, it will be assumed that your agency has no interest in being lead agency. Please feel free to contact this office for further informatior~ or discussion. Sincerely, Enclosures ~ co: (at~ach distribution list) f ' -' EW YORK STAO)EPARTMENT OF ENVIRONMENTAL C ERVATION NOTICE OF INCOMPLETE APPLICATION - THIS IS NOT A PERMIT STATE I ZIP CODE APPLICATION NUMBER /O BATCH NUMBE~ ? Your Application for Permil is Incomplete, th~ Following [] Completed application form (enclosed). [] Completed Environmental Assessment Form Items are Required []Other DEC Permits appear necessary. Submit applications for the following permits: P'APPLICANT/AGENT ADDRESS if you have reason to believe that all permits should not be processed simultaneously, please notity the 6ontact'~person below, clearly stating your reasons. (enclosed). [] Project location map. [] Project plans ( copies). ~'~The project is being reviewed pursuant to the State Environmental Quatity Review Ac: ,3EQR). A desig- nation of Lead Agency and determination of signifi- cance for purposes of SEQR are necessary before your application can be complete. []It has been determined pursuant to SEQR that the project may have a significant effect on the envi- ronment. A draft environmental impact statement must be prepared or accepted by the lead agency. (~The project is subiect to the State Historic Preser- vation Act (SHP/ The application will not be com- plete until DEC has concluded its consultation with the State Office of Parks, Recreation, and Historic Preservation. [] Project engineering report. [] Representative color photographs of the project area and surroundings. Please mount on a separate.sheet and label each to show date taken and what is being shown, [] Signed letter from landowner giving you permission to apply for a permit on his/her property. [] List of other agencies having jurisdiction over project. []The correct fee was not submitted. Please submit a check or money order, made out to New York State Department of Environmental Conservation, for [] Additional Intormation: w.,J ~lease submit requested information by , or the application will be considered withdrawn. . ,NO F~RTHER ACTION CAN BE TAKEN UNTIL ALL OF THESE MATER ALS ARE RECEIVED ~erence ~s recommended to d~cuss this ~pplication. Please contact the person below to arrange a me~ting. Ca/e_ DATF~H ( ) SiC · -;OPY of this form to DEC with Requested Information. Retain the YELLOW COPY for yourself. Returr, 0 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 August 18, 1988 Mr. Joseph Spitaliere Noel Place Smithtown, NY 11787 Re: Appl. No. 3765 - Frontyard Variance Dear Mr. Spitaliere: This letter will acknowledge receipt of your recent application for a reduction in the frontyard setback of the proposed single-family dwelling structure, at premises identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. The Board Members will be conducting field inspections and reviews as required by law prior to the date of the public hearing. It is our understanding that you have applications pending both before the N.Y.S. Department of Environmental Conservation and the Southold Town Trustees for this project. A copy of the Notice of Hearing as published by our office in the Suffolk Times and L.I. Traveler-Watchman, Inc. will be sent to you in the near future as confirmation of the date and time of the public hearing on this application.~ Please feel free to call at any time if you have questions. Yours very truly, CC: GERARD P. GOEHRINGER N.Y.S. Department of Environmental Conservation (#10-88-1029) Southold Town Trustees Southold Town Board o£ Appeals MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS October 6, 1988 GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3765 PROJECT NAM_E: JOSEPH SPITALIERE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Placement of a new dwelling structure with_ a reduced setback from front property line LOCATION OF PROJECT: Town of Southold, particularly known as: ROW along E/S of Cedar 90-4-14 County of, Suffolk, more Beach Drive, Southold, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. ~ ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc 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, com?encing on the ........... r.~.? ........ / Sworn to before me this .......... ~.c?? ........ day of KArE',I W. EOERGESSON NOTICE OF HEARING~ NOTICE IS HEREBY GIVEN~ pursuant to ~S~ction 267 of the Town Law~alMl~l~ Code of the TOWn of' ,J~thold, the foll~v~ held i'blt at a Rug~ar lVL-~ing at ~the Southold Town HMI, Main ROad; ~old~ NV 1197~, on THURSI~Y, ~)CTOBI~ 6, 1988, at t~e following tim~: ~* 7:35 p,m. ,~Ppl. No.. 'J~SEPH SPITALIERF for a V~iance to the Zoning Ordi. nance, Article III, Section 100-31 .for t[y~ placement of a I~,w df~efiing ~cturc with a re- duced setback from the front ~_ pi'operty line. Location of Pro- Pellr4y: Right-of-way located ak3flg the east ~ide of Cedar I Beach Drive, Southold, (just [ south of 'General Wgyne lnn) [ and extendingdn an ~terly and ]s thence Southetiy direction to this [ parcel identified on the Suffolk [County T~x Maps as /1000-90-4-14 x,. 7:40 p.m. 'ApPl. No. 37~8 FRANK AND SANDRA C R- RAN for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No: 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article I/l, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cuteh- ogue, NY; County Tax Map Par~ cci No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAiO. INC for a Var ance to the Zoning Ordi- nance, Article 'XI, Section 100-119.2 for approval of gazebo structure with an insufficient~" setback from an existing bulb- head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Roa~l, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 37~5SE COvE ~,T SOUTHOLD, INC. Special Exceptioh ~o'the Zoning' Ordinance, Article Ill Sect on 100-30Ci for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcet No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00~I~. Appl. No 3758-- JR. Variam:e to :thg :~ning Ordinanc~9-~t~ .~ 11t, ~on structiO~n c~k addi~0n:~with an in~ient~reat~rd set back from existing dwelli0g, at pre- mises k0own as 605 Highwood Road, "Highwood at Bayvlew" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article IH, Section 100-30B, subsection 15. Location of Pro-. perty: 480 Grisson Lane, Southold, NY; County Tax. Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Ar[i- cie III, Section 100-30B(IS)[M] to allow ~onversion of dwelling for Accessory Apartment with Certificate of OccupanCy dated after Janua~ry 1, 1984, although Affidavit of Building Inspector indicates dwelling met. the requirements for a Certificate of Occupancy had ~pplicaHon been made in a timely fashion. Location of Property: 480 GriN- son Lane, Southald, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10~3. 8:15 p.m. ~-- ~c Variances to the Zoning Ordi- nance, Article III, Sectim) 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cu~ NY; Couat~-Tax'Mal~ l(~0-]03-3-part of Lot 5. 8:20 p.m. ROBERT ANI~ DI- ~. Special Excep- tion to the Zordng Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County ~l'ax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Driv .~l~t~tuck, NY; County Tax *'~1~ Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3 7 69SE--~- CUTCH OGl./F Exception..}?.t e~ing :Ordi- nanc~ ~Je IH,.~ ~fion ~ lish W~y, at P~i~S ~cat~ aio~ the no~h ~e of-~ M~n Road, Cutchogu~ NY; County Tax Map Parcel No. 1~1~1-13. 8:50 p.m. Appl. No. 37~4 - ~ for yaaan~ to the ~ning ~in~ Arti- cle 111, ~ction t~31 ~d Ar- ticle XI, Section 1~119.1: for ~rmission to ere~ tennis ~u~ with 10-ft. Mgh fenci~ ~d ~ebo stru~ ~ am other than the r~u~ ~a~M, at p~mises identifi~ on the Suf- folk County %x Maps as Dis- trict l~,.Se&i6n ~, Bilk 3, ~t 35 'along Private Road, Fishers Island, NY. 8:55 p.m. Appl. No~ 3778~ ~ AND JANET KEH~ Variance t~. nance, Article 111, Section 1~-32 and removal of Condi- tions rende~d under Ap~al No. 3~1 on June 18, 1987 in oMer to ail~ ~onvenion of the subject building as livable area in Pm~s~nstruction plan of dwelling, a~ p~mises known as 3~ Mg~ Bayvi~ Road, ~uthoM, NY; County ~ Map Pa~l ID No. 1~78-4-32. 9:05 p.m. Appl. No. ~ta~ ~pfion to the ~ning Co~e, Article VII, Section I~70B for perdition to con- v struct addition to existing~ building, (m~n~ing,~e west- · erl~ yard ~tba~J Y~ ~ pau- ly for $~s of adto ~rts, added ~ ~ ~in$ ~ ~,~ I~t~ along t~ north side of the Main Road, Cutchogue, NY; County 2-2-24. 9:15 p.m. ,Appl. No. ~776-- HOWARD',AND MAR T ~c'ral ~ ~flon~ the Zoning o inance, Article I!li Section 100-50B(t5) for per. mission to establish Accessory Altar(meat in a proposed addi- tmn to ex~st~ng dwelhng, at pre- mgses known as 435 Eastward Ct,, Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. :Tlie Board of Appeals will at said time and place hear afiy and all; p.arsons 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 bearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Se~io~267 o~the Town Law ~nd the Code of the Town of Southold, the following heatings will be held by the ~;OUT~IOI-D TOWN Jt.Q.~d~F-~P.]~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY. OCTOBER 6. 1988 at the following tiines: 7:35 p.m. Appl. No. 3765 -- LO~ for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of n~w dwelling structure with a reduced setback from the front pro~e~y line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Socthold, (just south of Gmend Wayne Inn) an e~sterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps~ 1000-904-14. 7:40 p.m. Appl. No. 3768 -- FRANK AND SANDRA CURRAN for a Vatiance to the Zoning Ordi- nance, Article I~ Section 100-31 for construodon cfa p~l w~h deck md fence enclosure vdth an insufficient frontynrd setback ~nd excessive lot coverage (over 20 percent), at premises known ss 780 Haywaters Road, Cutchogue, NY; County Tax Map parcel No. 1000-1114)1-016. 7:45 p.m. AppL No. 3763 -- JOHN J. IESSUP for a Variance to · the Zoning Ordinance. Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the to~l sideyards, at p~rnises knovm as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 110-7-15. 7:50 p.m. AppL No. 3759 -- I'ONY SCARMATO. INC. for ~/afiance to the Zoning Ordinance, s. aicle XI, Seodon 100-119.2 for ap- proval of gazebo structure with an nsofficinnt setback from a~ existing ,ulkhead along Peconic Bay, at ~remises known as 235 Huckelben'y 4till Road, East Marion, NY; County tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE -- cia/ Exce~io~ thc Zoning Ordi- for paninssin~, -J erect off-premises sign. Location of properly: South Side of Main Road, Soothold, NY; County Tax Map parcel No. 1000- 75-06-7.3 (Recessed from Prior Maetin~). 8:00 p.m. Appl. No. 3758 -- THEODORE KUDLINSRL JR. Variance to the Zoning Ordinance, Article I~, Section 100-31 for per- mission to construct open deck addi- tion with an insufficient rearyard set- back from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 3:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE -- Special Exception to the Zoning Ordinance for pannission to establish Accessory Apartment in an existing dwelling structur~ in accordmace with the re- qinrements of Article in, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Sonthold, NY; County Tax Map Parcel No. 1000-78-1-10.3. AppL No. 3761-V -- yariance to the Zoning Ordinance, Article in, Section 100-30B(15)(M) to allow conversion of dwelling for Accessory Aparanent with Certificate of Occu- pancy dated after January 1,1984, al- though Affidavit of Building Inspector indicates dweBing met the re- quirements for a Ce~ificate of Occu- pancy had application beam made in a timely fashion. Location of Prep~rty: 480 Grissom Lane, Soinbold, NY; County Tax Map Parcel No, 1000- 78-0140.3. 8:15 p.m. ~ -- Variances to the Zoning Ordinance, A~iclc III, Section 100-31 for ap- proval of insufficient area and width of two proposed parcels in this pro- posed sea-off division of land, located along Beebe Drive, Cutohogue, NY; County Tax Map Parcel No. 1000- 103-3-part of Lot 5. 8:20 p.m. ~ AI~i2~AKaF,~ Specbd Kxception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bcd and Breakfast estab- lishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County 'Fax Map Parcel No. 1000-55-6-9. ~ 8:30 p.m. Ap~l. No. 3779 ~ TER AND DESPINA MARK- QP~jJj.~g. for a Variance to the Zoning Ordinance, Article III, Seetinn ) 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval } ~' of structure(s) with reduced sid~yards, I at premises known as Lot #16, Captain Kidd Estates+ along south side of Sound Beach Drive,>ntonl:o Of Mattituck, Iff Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24, ly ~worn, ~ys that he/she b Principal 8:40 p.m. Appl. No. 3769SE -- ~LK TIMES, a Weekly Newspaper, ~UTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS~. Special [~ iff the Town of Southold, County of Exception to the Zoning Ordinance, aw York, and that the Notice of which Anide III, Section 100-30B for per- mission to establish Winery, at [~ CO~ff, ~ b~n r~lula~/Imblish~l in premises l°cated along the n°s~h side ,~e each week for 1 weeks of the Main Road, Cinchogue, NY; County Tax Map Parcel No. 1000- tricing on the 2 9 day of l~-01-13. 8 ~3 8:50 p.m. Appl. No. 3764 -- ~ for Variances to the 100-31 and Article XI, Seodon 100- · 119.1 for permlssion to erect tennis ~ [L / cour~ with 10-ft. high fencing and gazebo structure in an area other than the mqnired rearyard, at premises Principal Clerk idemffied on the Soffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, .~ Fishers Island, NY. /~ 8:55 p,m. Appl. No. 3778 -- ~ ~ · BgETT A~/D JANET KEn~- Variance to the Zoning Ordinance, 19 C~ ~ MARY g. Article HI, Section 100-32 and re- NOTARY PUBLIC, Stats ,~ ~l~w York in order to allow conversion of the subject building as livable area in proposed reconstmctlon plan of dwelling, at premises known as 5500 Main Bayvinw Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE --It & S ASSOCIATES Special Ex- ception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing beildmg, (maintaining the westerly yard setback) for use partly for sales of auto parts, added storage, and en- gine-rebel/ding shop, at premises lo- cated along the no~h side of the Main Road, Cutchogue, NY; County Tax Map Parcel No~1000-102-2-24. 9:15 p.m. Appl. No. 3776 -- HOWARD AND MARGARET BRODIS. Special Exception to the Z<mtng Ordinmce~ Article l~, Seodon 100-30B(15) fo~ permission to estab- lish Accessory Apartment in a pro- posed addition to existing dwelling, at preqatses known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above matters. Written comments may also ~e sub mired prior to the conclusion of the subject heating. Each hearing wiU not start before the time allotted. For more information, please call 76~5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEttRINGER, CHAIRMAN By IAnda Kowalski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN El'lAD- STATE Er-lAD 25 SOUTHDLD, L.I., N.Y. ]'197] TELEPHONE (516) 765J809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOE~RINGER CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. llg?l TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEP~H SPITALIER_~E for a riance to the Zoning Ordinance, Article III, Section 100-31 r the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Ha~waters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the known as 90 East Road, Cutchoque, 1000-110-7-15. total sideyards, at premises NY; County Tax Map Parcel No. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI~ JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOH/~ T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot 416, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, $outhold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback).for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. /Copies to the following on or about 9/21/88: ~r. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 3, 1988 Transmitted herewith is Zoning Appeal NO. 3765 Joseph C. Spitaliere Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 TFLEPHON]E ($16} 765-18(11 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk VE AUG 03 1~8 TOWN OF $OUTHOLD, NEW YORK APPEAL ~~(~1 BUILDING INSPECTOR APPEAL NO. ~.~ · , DATE .~..-.~/...~...,./,.'Z'~.:~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We).~/~./.,.....~..;~.:.~<d.,.~.C~ ........ of ...... :r.....,~.C...L......p...Z...: ................................. 'Name of Aj~pellont Street and Number ~....~. l~/~ .~/~_2/1./ ...... /..~...~... ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ Name of A0plicant for permit of ~ i~:~r..c..z.. ...... ~.z.., ........ ·Street" and Number Municipality / §tat~ ................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY , / Loc,T~o~ o~ ~ ~op~v ....... ~2~:i~¢..c.~.....~ ...... ~Z.~L<~ ..... Street /Hamlet / Use District on Zoning Map o~str~c~ ~000 SecUo~/~B~ock/~Lo~/y~ . 4~ d,~, ~mtJ~// ...................................... ~/.. ................ Mop ~o. ~ Lot ~o. 2. PROVISIO~ (5) OF T~[ ZOninG ORDI~ANC[ A~P[Ak[~ (Indicote th* Article S~ction, Sub- section ond Poro~roph of the ZoninO Ordinonce by number· Do not quote the Ordinance.) ~rt~cle ~ Section /~ 3 TYPE OF APPEAL Appeal is made herewith for (please check app~'opv'iate 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 ArL 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal_ (~h.a.~ been made with respect to this decision of the Building Inspector or with respect to this prop~. Such appeal was ( ) request for a special permit (V~ request for a variance and was mode in Appeal No...?~.~_~'..'~.... ........... Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'orm zB! (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION_~,?F THE ORDINANCE would produce prOc~ic~l-d,i/ficultie~ or unneces- 2 The hardship created is UNIQUE and is not shared by all !~roperties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ~ ":' I ) ss /'. .,r-~,:~..,,,....~,,,.~./,~.."o~.~..,..fd.,.~...~ ......................... COUNTY OF ~ ~b~ ) ~'~ -- " / Signature Sworn to this .............................................. ........... :~.~11~ .................... 19 ~ ~otorv Pub~i~ ELI~B~H ANN N~LLE Nota~ ~bl~c, State of New No. 52-81258~, Suffolk ~ Term ~ires ~r 31, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or[the Petition of : to the Board of ^pp als o 'he Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board of Appeals of the Town of Sou[hold to request ~JV~(Special Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the P~etition is located adjacent to your property and is des- 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition. the undersigned will request the following relief:, 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article .3 Sect/on /~ ~_~ / [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five day's 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. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou[hold 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: .~//~/_]/~ Owners ' Names: Post Office Address Tel. N0.~-/~ ) [Copy of sketch or purposes.] plan showing proposal to be at. 11ached, for eonvenience P 933 1 RECEIPT FOR CI RECEIPT FOR RECE P 933 162 ...... - ' ~ ~L'"~ .... ~~RI~E~A~ONAL ~MAY BE SEO FOR DOMESTIC AND INTERNATIONAL IL, DOES NOT PROVIDE STATE OP NEW YUKR ~ ~'-~ ~ =s~ ~ ~.~. ~0W,,,~,T ~'~"~ 0mC~= ~-~-~ COUNTY OF SUFFOLK ) Sworn to b.g. fore me this day..of ,~,t, Lt~, ~ ~ ~ ~ . Notary Public N~~ ~ S~ .j~t~ 3¢,~.~.0U,~% , 'r% ~ ~, , , being duly sw6rn, deposes and says that on the 3' day of ~l~t~T ~ , 19 ~ deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. (This side does not have to be completed on form transmitted to adjoining property owners.) ,- i FORM TOIVN OF SOUTHO LD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL LEASE TAKE NOTICE that ypur apphcation date.d ............................. 19 .~ for pe~it to ~~(~ ~ -~ f~ ~,~V~' ~ . · · · ' ;: ........~ ....... 06'.. ~'4~ ..... at ........ Street ' ' .............. h3~/~[''~ co.,tv Z,x ~,p ~o. moo s,~tio~ ....... ~d ....mo~ ......~ ...... ~ot ..... [.vi .... Subdivision ................. Filed Map No. : ............... Lot No ........ .. ......... ~ ~ .... ~ ..... 7' '"-'~'~'~ · · ~ ____ ~ , ~ . ~ ''~'' z~ . *h ............. 7 ~v ~/8o - _ Approved ................ , 19... Permit No ........... Disapproveda/c ..~/ ..~.~...~~ ...... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y. 11971 TEL.: 765-1802 BO OF HEALTH ............ 3 OF PLANS ............ SURVEY ..................... CHECK ...................... SEPTIC FORM ................ NOTIFY CALL ..................... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspect~s. //// //-//f ,//__ .;/~/7 ,; /_~rLatur'e o al~pl~nt, or name if a corporanon) ' ' (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. // . ............ Name of owner of premises .......... ,.~ ~.,.../~. .... ...... .-r../--~.'..75X/?./-x./. ,.~. ......... (as on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work wiil be done...?.~.'~...~..~. House Number Street Hamlet County Tax Map No. I 000 Section ...... 7~.. ........ Block ..... ~ ......... Lot. /.~.. .......... Subdivision..~.~.~,~..~..~. {'4.":-. :~'Z/N ................ Filed Map No...~'~) ......... Lot .... z~./-~. ....... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed constroction: a. Existing use and occupancy ......... .&(/'.d. ~ ~2' ,4'/.. ~.../.: .~. ,~. ...................................... b. Intended use and occupancy ./ ~./.e','/4 .' .~ ~ . .~('..,. 3. Nature of work (check which apphct~able) New Building ~ Add mn .......... : .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work .7.~...; ~ .... (Description) 4. Estimate'd Cost .... '..-.~... ~ ................ Fee ............................. , ........ (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... .i ........ Number of dwelling units on each floor ........ ~. ....... If garage, number of cars ........ ! ............................................................... 6. If business, commercial or mixed occupancy specify nature an~t,extent o ' each ty~6 of u,,se . 7. Dtmens~onsofex~st~ngstructures if any: Front .g~t./~. '7~.... Rear .... ~'/. 7.'~.... Depth . ~..4~.T.? ...... Height ...._._._._._._._._._.~-..t ....... Number of Stories . ~. .................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories · - · · .t. 9. Size oflot: Front ..~.~.~/.~/,~'.~ ...... Rear'" 2~J-~'/' ........... ~)enth ./~'~'. '/2~'~ ....... 10. Date of Purchase JJ~/. CF'/,//e'.x~.t-.~. ..... ii ..... ii ~4'a~n~ ;[~'o'r~e'r'6,'v~;;'...~ ~'~f~. itl i/..'11115 11. Zone or use district in which premises are situated, .~.../~. ............................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: ...,~.~. ......................... 13. Will lot be regraded ..... ~/.~. fi .................. Will excess fill be removed from premises: Yes 14. Name of Owner ofpremise's . Address Phone No Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone__iXh~ ....... 15.Is this property located within 300 feet of a tidal wetland~.~..NO .... · If yes, Southold Town Trustees Permit may be r~quired. / · Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF ............... S.S ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ~bove named. He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this tpplication; that all statements contained in this application are true to the best ofliis knowledge and belief; and that the ~ork will be performed in the manner set forth in the application filed therewith. ~wom to before me this ............ .......... day ........... 19 .Z.f ~otary Public ..... ~--- -~'- .0.L- · -~- -~ ......... County .- ' .......... ,~;~:.~'~ ~ '/j..,/ --~ / (Signature of applicmt ) PROJECT I.D. NUMBER 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) SEQR 1. APPLICANT/ PONSOR . 2. PROJECT NAME 4. PRECISE LOCATION (Street adQres$ and road intersections, prominent ~andmarks, etc., or provide map) 5. IS PROPO ED ACTION: ~ [] Expansion [] Modification/alteration DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSEDACT~IACT ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICT ONS? [] Yes E~o if No, describe briefly 9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT'7 ~dential [] Industrial [] Commercial' [] Agriculture [] Park/Forest/Open space [] Other Describe: t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? r-]Yes [~No II yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACT!ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes []No If yes, list agency name and permit/approval 12. AS A RESULT OF%/ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [~No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~M INSTRUCTIONS: (a) In order to answer the questions in this short E~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes NO 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes '~No 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? Yes '~N~ 6. Will project affect any threatened or endangered plant or animal species? Yes 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 ~oo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envirc~mental area by a local agency? Yes ~o 10. Will project have a major effect on existing or future recreational opportunities? Yes ~o' 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 13. Will project have any impact on public health 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 ~o period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Preparer' s Si~n a ture: ~ z~-~,/~/~,, ~ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED NITH YOUR APPLICATION FO~S TO THE SOARD O~~ 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? 2.a)Are there (Attached Town Code, b)Are there any areas which contain wetland grasses? is a list of the wetland grasses defined by Ch. 97 for your reference.) any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~/ e~ No Yes Yes Yes (~o 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 Yes Yes ~ Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pu~-chasers . .~ and conditions of sale. (from contract)//~.~,/.~ ~z~/w/~Ye~s No 11. Is new construction proposed in the area of contours ~ at 5 feet or less as exists? Yes ~?/ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? No 13. Please list present use or operations conducted upon the subject property at this time and proposed ~m /~.'~.~ ~ ( ~.~,/ ~//~ Please submit photographs flor the recorG. I certify that the above statements are true and are being submitted for reli~y the Board of A~peals in considering my application. S~a~ur~ (P~p~/=y 'Owner) (Au~horize~ Agcnn) 1/88 WETLANDS [Amended 2-26-7~; by L.L. No. 2-I:)76; 3-26- 85 hy L.L. No. 6-19~5]: A. TIDAL WETI,ANDS: (1) All lands ~enerally cnver~,d or intermittently c~v- ered w/th, or xvhicb border on, tidal water:~, or'lands lyin~ beneath tidal water~, which at mean Iow tide are covered by tidal water~ to a maximnm depth of five (5) feet. includin~ but not limited to banks. bo~s. salt marsh, swamps, mea~ ows Flats or Other low lying lands subject to t~dal action: (2) All banks, bogs. meadows, fiats and tidal marsh subject ~ such tides and upon which grows or may grow some or any of the fullowin~: salt bay, black grass, saltwort, sea lavender, tall cord~rass, high bush. cattails, gro ndsel marshm:diow and Iow march cordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lyin~ wiflfin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (i) 'Freshwa~r wetlands" as defined in Article 2.1, Ti- tle 1, ~ 24-0107, Subdivisions l(a) ~ i(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York: and (2) All land ' ' · Immediately udlacent to a "freshwnter wot- land," as defiued iu Subsection 13(1) and lying- with- in " seventy-bye (75) feet landward of the most laod- ward edge of a "freshwnter wetlaod." 9705 WARNING: NO REPRESEN'IA'IION IS MADE TIIAI''IIIIS I'ORM O[' ('ONIRACT FOR 'IHE SALE AND PURClIASE O[" REAL ESTAI E COMPLIES WH'll SECIION $-?02 OF TIlE (;ENERAL OBLIGATIONS LAW ("PLAIN ENGLISII"). CONSUL'I YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: JOHN C. W. CAHPBELL Address: Main Road, Southold NY 11971 berpinafter called "SEI.I.IiiU', who agrees lo sell; and JOSEPII SP[TALIERE Ad&ess: Noel Place, Smithtown NY 11787 Street Address: Lot 4~5 on Subdivision Map "Cedar '~zled as map #90 Tax Map Designation: 1000-90-/4-1/4 lc gethe~ with SELLER'S interest if any, in streets and unpaid awards as set forth in Paragraph 9. Beach Park" lhe sa!e.--.alco i,¥u4u-de:; r;ll fixture:; antl argcb::; cf Fcrxc:~t~p'eoperf'~-ettaebed to or.useddn connection with the t'REM}5~, unless specifically excluded below. SELLER states thai they arc paid for and owned by SI!LLEI~I~Lt;J.LaJ~4¢k'wr~ al~nylicn oilier than the EXISTING MORTGAC, E(S). They include bul alc nol lindtc~l_ko_plumbirtgTlY~ting, lighting' ,and cooking tixlures, bathroom alld kitchen cabinets, mantels, door n/ll:~xr.~'tr~ll~-f~"~tds, shades, screens, awnings, storm windows, ,i~'--+l~~ :' t i o n c, :md wnll~o_w~lLca~pctmg. Premises consists of vacant land I (a) l'he purchase price is Payable as follows: will remain subject to the prior lien of :my EXISTIN(; MOR'I'GA(;I5 even though the EXIS'IIN(; MOR [(;A(;E oI modified in ~ood faith. 'lite Pu~cllase Money Note alld Mortgage shall be dlakSl/ ol/ thc standard imm_ot-NffV( ~'[~rk Bo;lid ~1' Title Underwriters by the nt ot ey f( r S LI ~ 't 1( I AS { s p y e 3'tgage r~d~x, recc r~ ing fees ant the attorney s fee m the amount or ~ fm its p~cpan~t~ (c) If anv requi~ed payments ate made on an EXISI lNG MOl~ctwecn now a t (L( SIN(; ~ ' U~'c iP'/nc'p'd [mmun ?f;~n hXISIIN(, MORl(~~h,,wn m parag, al, 2 c · 'c the v, ble i ( OS N( x~ e s e S ets thd thc o , thai only payments tc'q.ircd by the E~RffC~vill bc made. slmlI~s~)PUI~CIIASER ifi can c ssg c v, ( ~t R(' XS {shall y e untinthccscr¢~ usud wi~h Sl:uxhud N~BIU 11/7~ All llllII ~.Cl hlill [~1 i piece .[ Ix. cci el huul. x, ilh Ibc htlildill~S ;liid illll~lOvt'lllcnts I}lcrCOll h,i.g ami bei.ff in the Town o~ Soukhold, County o[ Suffolk and State of New York known and designated as Lo~ ~o. 44 o. a certain map enlisted "Subdivis~ Map of Cedar Beach Park situate at Bayv~ew, Town of Southold, New York, made by Otto W. Van Tuyl, Professional Engineer and Surveyor, Greenport New York", and filed in the Office of the Clerk of the County of Suffol as Map No. 90. } }) 1 J' · RIDER ATTACHED TO ~ND MADE PART OF CONTRACT OF SALE OF PREMISES: Cedar Beach, Southold NY Ail of the paragraphs and provisions contained in this Rider are incorporated into a printed form of this Contract and made a part thereof with the same force and effect as if therein originally set forth. If there shall be any inconsistencies between this Rider and the basic form contract herein, this Rider shall control and take precedence over said printed form of Contract. 1. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements,restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of title. However purchaser shall not be required to take title if s state of facts shall render the title unmarketable, or if said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises. 2. CONTRACT DEPOSIT: The downpayment hereunder shall be held in escrow In an interest bearing account by Paul A. Caminiti, Esq.,the attorney for the seller, as escrow agent until closing of title with interest to follow the funds. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of this Contract of Sale, to deposit it with the Clerk of the Court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court, all funds deposited with it hereunder and thereupon the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. The escrow agent shall have no duty to invest any of the funds deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action or failure to act, unless such action demonstrates bad faith. 3. REAL ESTATE BROKER: The purchaser covenants and warrants that Marion R. King Real Estate, is the sole and only broker who brought abut this sale and the only person entitled to receive commission from the sale thereof and seller agrees to pay the broker commission earned thereby. Purchaser agrees to indemnify and save the seller harmless of and from any and all liability, expense, claims or demands by reason of purchaser's acts, and makes this covenant as an express inducement to the seller intending that the seller shall rely thereon. This provision shall survive delivery of the deed. 4. FULLY EXECUTED CONTRACT: The submission of this contract does not constitute an offer and neither side shall be bound until the contract is signed by all tl~e parties. 5. OBJECTIONS TO TITLE: The purchaser agrees to deliver to the seller's attorney, at least ten (10) days before the date set for the closing of title, a statement of any alleged defects, encu~,'~brances or objections to title, except those subject to which by tire terms of this agreement, the premises are to be conveyed or which may be expressly waived herein. At seller's request, seller shall be given a reasonable adjournment of the closing to permit seller to endeavor to eliminate such defects, encumbrances~ or objections. If the seller is unable or unwilling to eliminate such defects, encumbrances, or objections, defects, or encumbrances witl~out an abatement in the purchase price and without any claim for da~nages; (b) reject title, in which latter event, seller shall return to purchaser, all money paid hereunder, together with the net title company fees as actually charged, and thereupon, this agreement shall be null and void without further liability of either party to tire other. 6. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the seller should be unable to convey a good and marketable title subject to and in accordance with this agreement, tire sole obligation of the seller shall be to refund the purchaser's downpayment made hereunder and to reimburse the Purchaser for the cost of title examination, plus survey, if any, and upon making such refund and reimbursement, this agreement shall wholly cease and ter~ninate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall wholly cease. Tire seller shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises marketable. The purchaser may, nevertheless, accept such title as tire seller may be able to convey, without reduction of tire purchase price or any allowance or credit against the same and without any other liability on the part of the seller. The term "cost of title examination" is defined for the purpose of this agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed tire net amount charged for title exa~dnation of the property without issuance of policy. 7. LIQUIDATED DAMAGES: If the purchaser shall default in performing the terms of this agreement on the part of said purchaser to be performed, the down payment made upon the signing of this Contract and any additional payments which may hereafter be made hereunder may, at the option of the seller, be retained by seller as liquidated damages in which case both parties shall be relieved and released of and from any further liability hereunder. 8. NOTICES: Any notices to be given under ~hi~ contract may be given by or to the respective attorneyso~,~-~-~ ~ 9. ASSIGNMENT: This contract shall not be assigned by the purchaser without the written consent of the seller which consent will not be unreasonably withheld provided both Camilia and JosephSpitallere remain personally liable on the bond. 10. ADJOURNMENTS: If the closing of title shall be adjourned at the request of the purchaser, all adjustments, including but not limited to taxes, interest on existing mortgages and purchase money mortgages, sewer rents, water adjustments and all municipal levies or assessments shall be paid by the purchaser as of the date originally set for closing of title had originally occurred on such date of closing of title first appearing in this contract. 11. FOREIGN PERSON: (a) Seller represents that he is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on Dispositions of U.S. Real Property Interests", and agrees to deliver at closing an affidavit stating under penalty of perjury, the transferor's U.S. taxpayers identification number and that the transferor is not a foreign person (b) Parties shall set forth their respective Social Security (EIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1986, and shall execute at closing the title company form of report. 12. CAPITAL GAINS TAX EXEMPTION: (a) The parties agree to execute any. documents required in connection with exemption of the transaction from New York State Real Property Gains Tax, and if any tax be due, to furnish a portion of the monies due a closing in form acceptable to the County Clerk for the payment of same. Seller shall be responsible and pay for any such tax which may be found due. (b) This contract may not be assigned so as to avoid reapplication requirements of the above. 13. CAPITAL GAINS TAX: (a) Purchaser and seller agree to comply timely with the requirements of Article 31-B of the New York Tax law and all regulations of the Department of Taxation and Finance ("State Tax Commission") applicable thereto (collectively, Gains Tax Law") in good faitb and in such manner as to avoid any postponement of the closing as herein provided, or of the recording of the deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, upon signing this agreement, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. 14. ADJUSTMENTS: All adjustments and apportiosments shall be made on the basis of a thirty (30) day month regardless~op the~ number actually in the month of closing and adjustments will be made as of the date of possession. 15. CERTIFICATE OF OCCUPANCY: Seller shall furnish individual Certificates of Occupancy for vacant land covering the subject premises (excluding Orchard Lane). In the event that a current survey is required by the municipality in order to obtain said certificate of occupancy or equivalent, it shall be the responsibility of the purchaser to provide such survey to the seller at purchasers' sole cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. 16. DELIVERY OF THE DEED: It is specifically understood and agreed that the acceptance of the deed by the purchaser shall constitute and b deemed and considered full compliance by the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisio~s of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by the seller in writing at closing of title. 17. WATER TEST: This contract is conditioned upon purchaser having the right to conduct a Test to determine whether or not a well dug upon the subject premises will yield water which will ~neet the requirements and minimum standards of the Suffolk County Department of healtb. Purchaser shall furnish written evidence of liability and workmen's compensation insurance for the well driller, who shall be permitted access to the property upon furnishing such evidence of insurance. In the event that it is found that the water does not meet the foregoing standards, purchaser may elect to cancel this contract a~d have returned the deposit ~onies, in which event paragraph 20 of the printed portion of this contract shall not be deemed to apply. Purchaser shall take steps to safely "cap" any well casing remaining on the premises, which shall become the property of the seller. 13, Ihe following ;ire to bi.portioned as of nlhhliglll el Ibc day before tl~ll~y el ('[.()SIN(;: ~Rt}{~i~Xfff~K'R~'~X~I<I{~J{YOI~KrXb[Ki~. (d) Taxes, water charges and sewer rents, oil the b: of the fiscal period for wbich assessed. (e) Fuel, if any. ti) Vault charges, if any. If ClX)SING shalloccur before a new tax rate is fixed, thc apportionment of taxes sbalI be upon the basis of the oki t rate for tile preceding period applied to the latest assessed valuation. Any citers or omissions in conlpllting appoltionnlcnts at (?LOSING fillall be corrected, this provlmon shall ~ttr ClX)SING. 16 If there is anything else affecting the sale which SEI.LER is obligated to pay and discb;uge ;ti CLOSIN(;, SEI 1[ V.: use any portion of tbebalanceof tile purchase price to discharge it. Asan alternative,SEl.i,ER may deposit money x~th: title insurance company employed by PURCIIASEI{ requi~cd by it to assure its discharge, but only ii the lille [nsu~:: compally wUl insure PURCIIASER'S title clear of the nlatte~ o~ insure against its enforcement out of tim PR} MISES L: request made within a reasonable time before CLOSING, PURCIIASER agrees to provide separate certified check) requested 1o assist in clearing up these matters similar to lbat of SEi,Lt R, SELlJiR shall deli,,er a salisfactory detailed affidavit :It ('[OSING shov, n< flint Ihc,r ;irt, =~gainst SlI.Ll R. 18, At CLOSING, SELLER shall (lelivel a ceitilied check payable to tile eider of file applopnate State. ('it,, o~ t t~ officer in the alllOtlllt of lilly applicable transfe~ and/or lCcoIdiHg tax payable by reafiol] Oi thc delbery m rcc(;rt]i~lg ti deed, together with ally required tax return PUI~( IIASER agrees to duly complete the tax reh,rn and to causc thc thec and Ibc tax return to be delivered to thc appropriate ofliccr promptly after (LOSING. I'P, EMISES. Such liens shall not continue afte~ default in performance of the contract by PURC]IASEI{ 20. If SELLEI>, is unable to transter lille to PUI~CIIASER in accordance wi/h tiffs conlract, SELLER'S sole ]iabilit', be to refund all money paid on account of this contract,plus all charges made for: ti)examining the title,tit) any appl additional seaches made in accordance with this conlract, and (iii) survey and survey inspection charges. Upon such reit and payment this contract shall be considered cancelled, and neither SELLER nor PURCIIASER sbMI hav[ any rights against tile other. 21 PUI{CIIASER bas Inspected tile buikli.gs o,I lilt PP. IiMISblS and tile personal property inchldcd fight, afte~ reasonable notice to SELI.ER, to inspect them belore CLOSIN(L 22. All prior understandings and ag~cenlents be/ween SI~[.I.ER alltl PURCIIASER are mmged in lifts zompletely expresses their full agreement. It has been entered into after tull investigation, neiflmr ~tatements made by anyone else that are not set forth in this contract. Seller ~ So~. Sec.