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4664
-r6l Je-5EA//779 VRw6 4-5- 1719 eleW 7 r ---PU T APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��SpFFO��-c� Gym o - VJ = BOARD OF APPEALS TOWN OF SOUTHOLD RESOLUTION REGULAR MEETING WEDNESDAY, APRIL 22, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4664 — ROBERT LUSTGARDEN and JOSEPH TAVANO, Contract Vendee By Warren Sambach, Sr. Parcel No. 1000-37-6-7.1 Street Address: 2575 Old Orchard Lane, East Marion WHEREAS, on February 5, 1999, applicants filed a request for a Variance based on an application to the Building Department and two Notices of Disapproval dated January 19, 1999; and WHEREAS, a public hearing was held on March 25, 1999, at which time the applicants, their agents, and all other persons who desired to be heard were heard, and their testimony recorded; and WHEREAS, by written letter dated April 20, 1999, received April 22, 1999, the applicants, by their attorney Alfred A. Volkmann, confirming that they withdraw the above - referenced application for the reason that Mr. Tavano no longer wishes to proceed; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, that Applicants' letter is accepted and Application No. 4664 is hereby noted as "WITHDRAWN." VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins.,__a Horning. This Resolution was duly adopted (5-0) r . t ,,r --T, n Z:1� Pry Tnun C3,�rk, Tolr,-n a ra 46 A N/W Hill r 05 p.m. ,Appl. No. 4668 — AMPTON LUMBER P. This is a request for a lance under. Article. XXIV, Sermon 100-241.0, for permission to reinstate (re-establish) useasa lum- . the.south side oe6n Road{S.R. r BOAM,0#AP�ALS 25), East Marion 1• NY. Parcel 1000- GERARD P. Ot)iFJR 01111 " 3144.9. t.7iA MAN . 740 P.m- AppL No. 4663.- DR. By Linda I awalslci. FRANK AND JEAN MIRCHEL. 1633-1TMH This is a_. request fora Variance under Article XXIV, Section 100- 244&;; based upon a Notice of Disapproval issued January 27,1999 (A� for approval of the setback location of an "as built" addition to dwelling NOTICE OF located at 2485 Yennecot Drive, PUBLIC HEARING Southold, NY; County Tax Map SOUTHOLD TOWN Parcel 1000=55 4-t6 BOARD OF APPEALS - 2•'?S p.tu. ,APP,I , N0"`16M — THURSDAY, MARCH 25,1999 - R+ E &LIMIUARTEN(Joseph Tavanno, Contract Vendee)..This is STATE OF NEW YORK) NOTICE IS HEREBY GIVEN, a request for a Variance under )SS: pursuant to Section 267 of the town Article XXIV, Section .100-244B, Law and the Code of the Town of based upon a Notice of Disapproval COUNTY OF S FOLK) Southold, the following applications will be held for.. public hearings by issued January 19;',1999 to construct new, dwelling, after demolishing 5 \i 10nAF I I I i.�! Of MattltUCk, in Said the SOUTHOLD TOWN BOARD existing :dwelling, which building County, being duly sworn, says that he/she is - OF -at the Southold - ari*'•w01: exceed the 20% code ,,APPEALS, Town Hall;. 53095. Main Road, hmitafion for into lot coverage and Principal Clerk of THE SUFFOLK TEVIES, a Southold,"New York: 11971, on MARC1 25, 1999 at be`Iocated lessthan 35 fee{from the from property Ane. Location of weekly published at Mattituck, in.:THURSDAY, Y news a erP P, P the tines noted below (or as soon Property: 2575.Old Orchard Lane, the Town of Southold, County of Suffolk and ,her „ aspossible):.. &�p id' Appl. No. a6sz — East!.Marion,.NYC'County Tax Map 100037 6-xl. State of New York, and that the Notice of which DEPARTMENT EDDv RK STEER. a BARRY. �e annexed is a printed copy, has been regu- ARD FDRNG This is request for a ,Town Wide later- -. RO,�ERT-AND JOYCE This ,, a. request for a Variance larly published in said .Newspaper once each pretatfin ..with regard to the under Article DFA,. Section 100- k for We week 5UCCeSSiVe1, $ Y Southold Town Zoning code, Ar- 30t 4, based upon -a Notice of 'ticle III, Section 100.31C(1), Ac- Disapproval dated January.= 1999 CommenC• g on the 11 day tessoryBuBilings and Structures, for an answer.. to the Building De- to zptistruO new detached two -car garage with'. second floor attic, locat- /' Of c 19 partmeni's Question: edm a, yard other thea the required 1 "Is a structure that was orie- reryard. This parcel is a corner lot 1 I \ ' madly desiened and intended to knpivit as 875 West Cove Road (at �� ` lll��l IVV I (-Q be forvelticularuse=a structure. Weslt Loop), Nassau 'Point, Principal Clerk thatcan be.construed-to be a cus- -: Culchogue, 1 , ;. County Tax Map tom sfincture or use that is customarihmndentattotheprin- 1009-111-3-1$ also referred to as Ldfi,20 on the Subdivision Map of / ciW use9" Alonzo Jersey - Sworn to b fore me this 6.35 pm. Appl. No. 4662 PATRICIA RUSHIN & PAMELA 5 p m. App1 No 4669 GLDINE,FEREND This is a day of 19 MOTTTLEY. This is a request for ;: re nest fora Waiver of Lot under r'� r -y, , \ ,L. 14iAFY DIANA FOSTER ' PA it STATE OF NEW YORK Variances , under Article III, Sections 100-32,100-33, and Section A cle If, Section 100-26, regarding Lot,#249, consistin of a 4 �� 4 �i �=.,� Lli( It NARY , ,O o.7 -6e55 242. SUFFOLK OODN iY 19 100.235A(2) based upon a Notice of inc dmately 26,000 sq. ft. in area,�\YireS AUGUST 31, Disapproval. issued December -10, shgwn on Amended Map A of 1998 in;this pending subdivision pro- Nassau Point Club Properties. In the jeet,asfollows-. N8*e of Disapproval issued June (#Insufficient lot width for each - 22,1998, the Town determined that proposed Parcel A ;arid B, for th'e(;lot has been merged with Lot one.single-family dwelling use Locations .oj Property:. 5125 orreach Parcel; �. 12345 Vanstoa Road, Cutchogue, (b),,fosuificient lot :area of pro- NM County Tax Map Parcels; :1000 . posed Parcel A; 1114-1 and 2, " (c) Insufficient side yards for eachpm.. Appl. No. 4671 — proposed Parcel A and B; RY L. FERGUSON MU- (d)Insufficient total "side yards S e. M. Variances are requested` for each proposed. Parcel A uiuler. Article XXIV, Section 100 - and B... 24#A and .Article III, Section 100- (e) Proposed Parcel A3 — with : 314bascd'^upon twoNoticesof no, safe and convenient ms pproval issued Febrawy. 2, test".. 1 for permission to construct (f) Bathhousestructure on Parcel a fioa wflh, lent front yard A. " s k(sp and alterafms -to an N/W Hill r 05 p.m. ,Appl. No. 4668 — AMPTON LUMBER P. This is a request for a lance under. Article. XXIV, Sermon 100-241.0, for permission to reinstate (re-establish) useasa lum- i � D j c�c� ✓��a C�� sir. FIR) TOWN OF SOUTHOLD BUILDING DEPARTMENT �I TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: January 19, 1999 To: Mr. Robert Lustgarten 2575 Old Orchard Lane East Marion, New York 11939 t PLEASE TAKE NOTICE that your application dated November 12 , 1998 For permit to Demolition of existing and construction of a new single family dwelling_ at Location of Property 2575 Old Orchard Lane East Marion New York ouse No. HMO County Tax Map No. District 1000 - Section 37 Block 06 - Lot 7.1 Subdivision: Gardners Bay states Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under article XXIV. Section 100-244.B. lot coverage shall not exceed 20%. The proposed construction constitutes 23%. This is 218 square feet over the allowable 20%. Proposed Single Family Dwelling_ 1,260 Sq Ft Lot Size: 7,316 Sq Ft Proposed deck: 421 Sq. Ft. 201/o x 7.316 = 1.463 Sq. Ft. Max. Total Area Proposed: 1.681 Sq. Ft. > TOWN OF SOUTHOLD BUILDING DEPARTMENir� r Z t TOWN CLERK'S OFFICE1 L SOUTHOLD, N.Y. —'---- _ NOTICE OF DISAPPROVAL �� °� a Date: January 19, 1999 To: Mr. Robert Lustgarten 2575 Old Orchard Lane East Marion, New York 11939 PLEASE TAKE NOTICE that your application dated November 12 , 1998 For permit to Demolition of existing and construction of a new single family dwelling at Location of Propertye 70_ Old Orchard Lane East MarionnaMe New York County Tax Map No. District 1000 - Section 37 - Block 06 - Lot 7.1 Subdivision: Gardeners Bay Estates Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under article =V_ Section 100-244:13. Lots with less than 20.000 sq. ft. Shall have a min. front yard of thirty five Q5') feet. The existing front yard setback is four and one tenths (4.1'1 feet. The proposed front yard setback is two (2') feet. g TOWN OF SOUTHOLD"�)URVEY .._.J ........................ a V LLL. 3 BUILDING DEPARTMENT '--'CHECK ... .. ... .. TOWN HALL: SEPTIC FORM ................... _. SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: 734-7492 CALLWarren- A—Saembach Sr. Examined. ................. 19._.. MAIL TO: P4 -Bear- 1 -038.....• -- Approved .................. 19.... Permit No, .. 76,75 Cox T are Disapproved a/c �3J).CT Y/,i& Sktt K- Cutcho�ue,--NY.,1? 935 1 � _......... (So v eA� 1`b R (Building Inspector) APPLICATION FOR BUILDINGPERMIT Date. Noverber I2 18 INSTRUCTIONS a. This application most be completely filled in by typewriter or in ink and submitted to the Building lnspector w 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 application. c. 'Nle work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue 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 wbole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MM to the Building Department for the issuance of a Building Permit pursuant to the Building,Zone Ordinance of the Tam of .Southold, Suffolk. County, New York, and other applicable Taws, 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 axle, housing code, and regulations, and to admit authorized inspectors an premises and in building for necessary inspections. Warren A.-Sambach Sr. ........................... (Signature of applicant, or name, if a corporation) PO Box 1033, Cutchocaue, NY 11935 ..............................r.................... (Mailing address of applicant) State wbether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builds ENGINEER ......................................................................................................................... Name of owner of premises .Josephine..Kirby...Lu.staarten ............................................................................. (as on the tax roll or latest deed) l,. If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No . ......................... Plumbers License No. ......................... Electricians License No ...................... Other Trade's License No . .................... 1. Location of land on rich proposed work will be done............................................................ G1d Orchid Lane Gard vers Bay Estates, East Marion, NY 11939 ............................................................................ House N.mber Street Hamlet Canty Tax Map No. 1000 Section .Q57 ........ Block .. 6..._. Int ... Subdivision .GARDINEPcS Bad Estatws , Filed Map No . ............... Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy ofProposed " construction: a. Existinguse and ono fami.y residence occupancy IN b �use and oc one family residence� J,:,, 7 r , o� ill J 22, 4 3. Nature of work (check which applicable): New Building ......... Addition X . Alteration .-,..... Repair ............ Removal ............. Demolition ............ Other Work ......... .......... .............. .' (Description) 4. Estimated Cost A 7 1.9. .0.0.9 a ......... fee .............................................. (to be paid on Filing this application) 5. If akaelling, nurber of dwelling units ............ Uunber of duelling units an each .floor ................ Ifgarage, rarber of cars ...................................... 6. if business, c®ercial or mixed occupancy, specify nature and extent of each type of use........... 7. Dimensions of existing structures, if any: Front.. 2Q........... Rear ......4....... Depth ...?R ........... Height .) ................... Nuatner of Stories ......`.... Dimensions of some structure with alterations or additions: Front 2.`....... Rear .............. S88 l g tiz.,.. Depth .................... Height .....,............... Number of Stories ..:............ 8. Dimensions of entire new coostruction: Front .?. $........,.. Rear .. 6.......,... Depth :........ Height ......................... timber of Stories ..................... 9. Size of lot: Front. 4. Rear 0 Depth ..• 264 10. Date of Purchase ............. Nae of Forcer Owner ........................................ II. Zane or use district in which premises are situated .. R : 4 Q ...................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ... XVa ................ 13. Will lot be regraded ..=............... Will excess fill be removed from premises: YES NO 14. Names of Darer of premises Josephine K r by.. Lu } ten Ihone No. ...... I;I Name of Architect....................................Joseph Tavano Contract Vendee7'� +�G2 Address No. Warren A. Sa ahach Sr. C Box 1b33 Cute' o ueRt Name of Contractor ............................... Address ............................... Phone No. ...•.•... 15. Is this property within 300 feet of a tidal wetland? * YES .......... NO ...... X... *IF YES, SWH1(xD TOM TPUSiFLrS PM41T MAY BE BEQfDM. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or pt-oposadud indicate all set -back dimensions from property lines. Give street and block number or description accg� and show street names and indicate whether interior or corner lot.� � t or i t ,i f ' : SCAIE OF HFI YO[ZIC, A4Comy or } Guffelk. WARREN ...AM .............. ......CH SR. being duly sworn, deposes and says. tbat he i.s the applicmit (Now of individual signing contract) above named,. - De is the .. AG N- ENGINEER . ................................................................................. (Contractor, agent, corporate officer, etc.) ofsaid owner or owners, :and is. duly authorized to perforin or haveperformedthe said cork and to make and filethi.s application;. that all statements contained in this application are true to the best of his knowledgeand belief;: and that the work will be performed :in the manner set forth intheapplication filed therewith. Sworn to before one this ' .:day of . t V7, RER...IQ °8... ......;_ 12 Notary Public G✓ .Z� . �F QiJ Q J 4/� �V h; -AFCEt:f D.HORNE (Signature of Applicant) Notary P+,iblic, State of tdewYork No. 4951364 Qualified in Suffolk County 1�1<% nn�..•r.aeci+.n..e+erne Pfau 22. 19_,._..L TOWN OF SOUTHOLD, CEW� APPEAL FROM DECISION OF BUILDING INSPECTORFEB 5 1999 APPEAL NO. Town Clerk Southold ATE TO THE ZONING. BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. WARREN A. SAMBACH SR. A/C —1, (M(e) RQkflall") ..L1rSTffAHT:EN........................ of 1'..D::...BOX ,1033 „, I675 COX, LANK Name of Appellant Street and Number CPITCHOGUE NY 11935 ..... ......... .. ...... .. ...... .:....... .. ....... . .................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Ai APPLICATION FOR PERMIT NO. .................................... DATED ...,JANUARY , 13,.,1999,:. WHEREBY THE BUILDING INSPECTOR DENIED TO JOSEPH TAVANNO CONTRACT VENDEE ROBERT LUSTGARTEN .... ......................................................... Name of Applicant for permit of 2575 OLD ORCHID LANE EAST MARION NY 11939 ... ......... ......... ......... ....................... ......................... ........... Street and Number Municipality State (X ) PERMIT TO USE ( 3 PERMIT FOR OCCUPANCY 257.... 2575 OLD„ORCHID LANE, EAST: MARION,.,NY._Jjg§6 R-40 1. LOCATION OF THE PROPERTY ...... ... .. .......... Street /Hamlet / Use District on Zoning Map District 1000 Section 37B1ockO5Jsot7 1 i...........................................................................Current Owner ROBERT LUSDGARTEN Map No. Lot No. Prior Owner 2. PROVISION (S), OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIY' - Section” 100-244 8 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( sJ AVARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not)been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal 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 (x) _ A Variance to the Zoning Ordinance ( ) is requested for the reason that the existing dwelling was erected on a very small irregular piece of property_ Originally constructed as a summer cottage in the 20's like quite a few other residences,_ the purchaser would like' to expand the existing dwelling and convert it to a all year residence. Under Article I Section 100-12, lots in Gardiners Say Estates shall be excepted from lot areaa and lot width requirements. Form zBi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCEwouldproduce practical difficulties or unneces- sary HARDSHIP because it: vouldbe impossi'ole to guild_ i2. ' The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the irregular shape of the property and the originaal location of the existing dwelling. The harship was not self-created Because the area was developed in the 20's when there was no zoning code. The locationof the existing dwelling allows expansion towards the Beach.area:where the lot is raider. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other residences in Gardniers BAY: ESTATES THAT ENCROACH ON FRONT Y'ARIS ET- BACKS AS ; WELL 'E%CCED THE AREA OF TTHE LOT. THE AREA IS STRICTLY RESIDENTIAL Mill THE VARIANCE WOULD NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD'OR BE A DETDETRIMENT'TO NEARBY'PROPERTIES AS THE PROPERTY IS LOCATED AT THE END OF OLD ORCHID 'LANE AT THE`'PRIVATE'BEACH ON ORIENT>''BAY. THE VARIANCE WILL HAVE NO ADVWERSE'EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. STATE OF NEW YORK ) ss„"?5.......................:..... COUNTY OF SUFFOGqLyId Signature Swornto this .......... ........................... day of................;........... ................... 1990 ........ I ....... . otary Public tFOUTHOLD".R4PERTY RECORD CARD ..41�1� OWNER STREET VILLAGE DIST. SUB. LOT _.... - FORMER OWNER .' N E ACR. i S ' W TYPE OF BUILDING RES.SEAS Pg VL. FARM COMM.- 6B. MISC. Mkt. Valve - F - LAND IMP, TOTAL DATE REMARKS #/C AAL711t d X-960 j0m 11 o o .na�j�lcrSo4i4, -0o0 M lq, '%�A�cnP aWF IiAi�'P aO s -:P , _A AGE BUILDING CONDITION NORMAL BELOW __ ABOVE(� I FARM -Acre Value PeF Value _ Acre — Tillable 1 ` r Tillable 2 ' i Tillable 3 a Woodland i Swampland i FRONTAGE ON WATER a b' Brushland FRONTAGE ON ROAD . Am - House Plot House DEPTH -- BULKHEAD V Total �,y DOCK i x 1 nnCOLOR TRIM I 1; Bldg. 3 Foundation 2 p y- Bath Dinette � xrenslon �D Basement /\/`O Floors c1 / K. ttension Ext. Walls �� Interior Finish 5y_ LR. ttenslon - Fire Place-� Heat j/0 IVC- DR. Type Roof 7 r-� Rooms lst Floor BR. �fch & Xo, z Recreation Roo Rooms 2nd Floo FIN. B. >rch Dormer reezeway Driveway erdge ,� Al0 l btal 1 a A�Mry.NYA='+rC%�»n^'Fva'yFY4I?�+eiM+�: .r.Vsµ 'xf!.To}'w'e.`^^`vPtM14�+'r' • .TT.n... G�.sSmE....sKW+w. ♦..m is TVM+t 1v+vR"0.Mer .�..—..�.�+n+�e,—arv...�—....+.tee.—..�wmnw»w+.W SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 0 Iem j0 5 LOT 6 p. 0' 4.1 Q 141 30 j F � el =G to 6 s&e-Prj�lj 92 A9'\ - AREA = 7,316 ' sq. ft. `30•. �o�' `� tia TO TIE LINE LOT COVERAGE EXISTING l2% .A��A . ,� s2�• �f = ` 3 PROPOSED = 2� % - �•�1yw / PROPOSED FINISHED' FLOOR = e% 9+ �4��`• \ ' --i ' O^ �' \ w LOT NUMBERS REFER TO tiw MAP OF GARDINER S BAY `�. % oo ��^ti ESTATES FILED IN THE 7• SUFFOLK COUNTY CLERK'S CERTIFIED To, OFFICE ON SEPT. 23, 1927 TITAN ABSTRACT SERVICE CORP. G`HIEAGO TITLE INSURANCE CO. AS FILE NO. 275. 1000-37-06-7.1 SCALE: 1 " = 20' JANUARY 4, 1999 JAN. 11 1999 l prop. residence J JAN. /, 1999 ( revlslon J JAN. 15, 1999 (Revision) Mar. 25, 1999 (addltlons) FLOOD ZONE LINES FROM FIRM MAP NO. 36103COI 77 G MAY 4,/998 CONTOUR LINES 8 ELEVATIONS ,ARE REFERENCED TO N.G. V.D. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICA11ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. I. Y. S. LIC. NO. 49618 S, P. C. ,STREET 11971 O •r I A gLo� � \ � 1 lo !I lot "rte / I SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 0 Iem j0 5 LOT 6 p. 0' 4.1 Q 141 30 j F � el =G to 6 s&e-Prj�lj 92 A9'\ - AREA = 7,316 ' sq. ft. `30•. �o�' `� tia TO TIE LINE LOT COVERAGE EXISTING l2% .A��A . ,� s2�• �f = ` 3 PROPOSED = 2� % - �•�1yw / PROPOSED FINISHED' FLOOR = e% 9+ �4��`• \ ' --i ' O^ �' \ w LOT NUMBERS REFER TO tiw MAP OF GARDINER S BAY `�. % oo ��^ti ESTATES FILED IN THE 7• SUFFOLK COUNTY CLERK'S CERTIFIED To, OFFICE ON SEPT. 23, 1927 TITAN ABSTRACT SERVICE CORP. G`HIEAGO TITLE INSURANCE CO. AS FILE NO. 275. 1000-37-06-7.1 SCALE: 1 " = 20' JANUARY 4, 1999 JAN. 11 1999 l prop. residence J JAN. /, 1999 ( revlslon J JAN. 15, 1999 (Revision) Mar. 25, 1999 (addltlons) FLOOD ZONE LINES FROM FIRM MAP NO. 36103COI 77 G MAY 4,/998 CONTOUR LINES 8 ELEVATIONS ,ARE REFERENCED TO N.G. V.D. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICA11ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. I. Y. S. LIC. NO. 49618 S, P. C. ,STREET 11971 ..f,, Yew • r5 �, �. ..� , -' M }�} 4. W .. ti I 3 P[ , 3���95 Now, , MR �/��/sem \i,�"'� .,r i. . t • -. w _ - ,�' - _ I - _ ".1' - _ .:� tom. 11 _ 1 • - _ -a- . _ _ _ I. . . .. ' . - - - - _ s4_,_' _ _ _ _ _ - , a - , - - _ - . _ _ - f r _ - _ r - -,- - _ it , _ I -1 , I . -1 - - - - , , , , . . - . � 1. � I -1 .� , . " . - - . , � I � "I . , - . , - I., , ', , - I ,,, c � . , , .1 i ' f'» - _ _ .., 3. .. _ - - , 1' :.,%: • `• �'I t �. _ - .a .� _ _ • - - - " � , .- . \ - I . - - - , - �: �,,; , � '! - , _ , '. •.t.-•.. . Si' I I . . - - _"- 'R•' . - .11 , - . 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({r.: - . . . � . . . , - _:� . �; - ,"'"', tl"W4 - F�_� i,7 FY; - �.,: 3.. - . ,�� -,�t�TT /��/�, -, T C _� : �•� _ I- �� - I . �_' _. l;,�"t:�,�',-'�-��','---,,,�, . - _ - "-;i _ _ .. .- __ _ 17 {� V 7t,_ _ .. _ - -_S _ :t c;,, '= ' JAN !/ %99,9> f prop, c6aldence J- �� I. ;N • .��,` .. JAN 1, I'999 Y .revlslon;) a � - – • • JAN: 15, ;/ 9 1ReV/slonT. o. r' / _ .I - _ - '_L I- 1, ,,neje - _- , - , .. . ., .. " _ 90 5: o r . . - �' ° . . l � ' y :a,-; "', _ , r1. LOT - , ; "'_. ,= t �� I :',:;, Q. 'may .'+i"'rn�U' �,i.*1.., , " . _ - - - - - i L,_.';r fir- :- ",`y,.'i', .: A } ` p -, . Q ; y, _ _''r 1 ti' _ •:,�,: .-;'�',,. �4 .M: _ . . . 'yam - ' .® ir`k`.'� --.' ilii �.4-L, iV,O1 _ - .`i' :f': ..1� V� .•: it ': __ - - ' ` . s : ' F $p��� - ' . - 1' 11- p'� _ - " - ..t- �.- " til. _,,:y� .; _,. t, 1 �e �._ rfc v er•". i. ; T`-• , - _ , ;i V �N r.- - , . %- „:! �� - ). d/1 ? c:�' � -1 ; .V ! V " 9,, /� .- . I . �11< - ___) � � . " -:,�jf�! �' JI .- 4 � , AREA = 7,316 sq. ft O'• . : ` ti° �i _�: - �� `\� :� TO TIE LINE � , , LOT COVERAGE . . - �s . EXISTING = l2% t wI. - PROPOSED = 22 % $ ,�ti - $ ° PROPOSED FINISHED FLOOR = e% 9+ 4�� �^ . ' F_ w �t � . LOT NUMBERS REFER TO - • ti� ;� ", ' ';, -°: i. MAP OF„GARDINER S BAY . _ Oso '��% , ESTATES FILED IN THE - ' - - �• . ,;,.IV” ' .. - �'� SUFFOLK COUNTY' CLE."Rll'S j CERTIF/ED TOa - 1.�, _ : _ - T/T.4N: ABSTRACT SERV%CE'-CORP �. OFFICE ON SEPT. 23; 1:'927 . « G` -j c -- .TLTLE INSURANCE •CO' r ; AS FILE NO. 275. - �� ;".,_ . ,. _ _ _ , i,N _i F00D ZONE L1MES FROM FIRM :: _ „ _ _ :. - -"' , :Z= 1.3 MAP NQ. 36f03C0I77 G MAY 4;199 -- � - 4,OE ':N" ' . - . . ' " _ e - , - Edi` f _ _ `1. ..N isrz '`' ,i v s Y S: 1_ ANY ALTERATIQN QR A L C.`,%NO;...49f 1Sr } DDlTION TO THIS .'SURVEY IS r . , A "VIOLATION OF .SECTION 72Q9 OF hIE NEW YORK STATE EDUCATION. L;4.W ; . >ON' :.' ';` y `P'.'C.' " <"'_ . " EXCEPT AS .PER SECTION 7209 -SUBDIVISION" 2, - ;ASL CERTIF.lCATlONS y - _..'.:':j HEREON ARE VALID FOR THIS MAP -AND COPIES TMEREOF ONEY IF - 65 n� 5 . ' "° "` , <, ,, SAID- MAP OR COPIES BEAR THE IMPRESSEQ " SEAL OF THE SURVEYOR - ' . -� .' 0'11, r' - - : � - - WHOS -'SIGNATURE APPEARS HEREON. ' _ 1 ,STREET- - `�-'`' :' - - - K, ' - SOU=THOLD 1 . - ,. .. , ., ;N: Y 11971 ', - - ,.. ; - „ _ ":. v , LAW OFFICES ZWISSLER, DIEDOLF, FEUER & VC:t MANN, L.L.P. ROBERT H. DIEDOLF ALFRED A. VOLKMANN PAUL R. FEUER H. ALAN ZWISSLER LLOYD A'FEUER COUNSEL Southold Town Board Town of Southold 53095 Main Road Southold, NY 11971 100 AUSTIN STREET PATCHOGUE, NEW YORK 11772-0979 April 20, 1999 of Appeals APR Z 21999 (516) 447-1600 FAX(516)447-2609 Re: Application of Joseph Tavano Meeting of March 25, 1999 Sirs: The applicant, Joseph Tavano, has instructed us to advise you of his desire to withdraw the above. application because he no longer wishes to proceed. Thank you for your consideration of this matter and for the courtesies of your staff in providing to me faxed copies of the various letters received prior to the hearing. Sincerely, ZWISSLER, DIEDOLF, FEUER & VOLKMANN LLP *AlreVAKlkmann Copy: Joseph Tavano 4 r E M` NQS41 �a 430.� 0 m Pot f,� R00% Pom sE 77'y so fA 6 �k 7A- ROL.- / Jf �ACTERS' INFORMATiUN ��Kvic:r✓ ilvL. 138-72 QUEENS BOULEVARD BRIARWOOD, N.Y. 11435 (718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681 CERTIFICATE..OF OCCUPANCY REPORT DATE: 12/02/98 TITLE NUMBER: 0568-13876 PREMISES: 0 OLD ORCHARD LANE, EAST MARION TOWN OF SOUTHOLD COUNTY OF SUFFOLK DISTRICT: 1000 SECTION: 037.00 BLOCK: 06.00 LOT: 007.001 SEC: 037.00 ELK: 06.00 LOT: 007.001 A SEARCH OF THE RECORDS CONDUCTED BY THE DEPARTMENT OF BUILDINGS REVEALS THE FOLLOWING INFORMATION: CO# Z12593 ISSUED 07/06/84 PERMIT# 13255 ENCLOSED PORCH, RENOVATION AND DECKS CO# 17398 ISSUED 04/04/88 PERMIT# 16890 ALTERATION TO ROOF AND EXTEND EXISTING DECK CO# Z10178 ISSUED 10/03/80 PRE-EXISTING NON -HABITABLE BUILDING CO# Z12410 ISSUED 04/04/84 PRE-EXISTING DWELLING IN NON -HABITABLE CONDITION CO# Z12596 ISSUED 07/10/84 ONE FAMILY DWELLING WITH ATTACHED DECK The purpose of thio report is to provide the legal occupancy as per latest c/o on. file. A complete history of all filings as copies of same for the above parcel in available upon request for an additional fee: The search is prepared exclusively for SPANO ABSTRACT CORP. on 12/02/98. www i�t:•I( ... �.;_�' i 'k n,cecnrmiK'btantar" Ntll I. •'Q_ AA. 1'Oa.%t n rntioa. /� I� , I: Cell alrtl l-ull Covenanlr ���t'^ Vj� day SUE U �t } r�• of i,ITURIi, ;I t'2l� 1 �'f�'H15 INbl ntnde the ••• silty-tiro_betwecn G1Zt,neZa ga Com <tn Inc., hundred and ev! oZ ;, 1 { nineteen a corporation duly 0�6laceeoi'Lnue, rnockvil'le9Cent-e} IFassau th at having its principal F I County, New York; party of the first part, Ernestine E. 2[ax°n, residing at 211-23 35t12 Avenue,'Bayside, and. New Yo x , �•i` ... 'pt of the second part, :. :fir';' •. WITN1iSSETH, that the party of the first part, in consideration of en ('lb) Dollars, lawful trioney J-16 United States, and other good and valuable eonsidetatioiiti the second part, does hereby grant and release unto the bitrty of the paid by the pert Y of second part, her heirs-------- and assigns fotever, ' at East Z',srion, in the movt hoe it that lot oS f, land situate otun=bel and stateofNewas ��ne�. Bay County of Suf'f'olk daYdinexls entitledITofoS+ectiann 7 (seven) on a certain map IT in Wa +niSepte bexg2Sfd,d1927�he Estates Situate at Etsst 1;tlicntn,ty of Suffolk oslandli oYfice..of the Clerk of the Co Y under the number 255. - - - mo eth r with all the right, title and intereet';bf•tt1i party of 1, nd Wid waters ir, the first Fart inland ttooethe wateiO in-ataof'h Txemisep;lle Bay Y B t;f�d''arid"'xe-pass Caxdiner s }h an easement or street puxPnoeitiieiest''Or title to over Old orchard'Lane adjoining said property, i..° Lane the land in said Old Orchard 'a =tcfo=ehe=eelf'hel, heTzheirs'arid assigns P ..: f.. he- ga(ZNt hereby covenant with the party of the first paxt� its land:'] tight used i'o- . F' ; does Pur- and assigns. that she will not use or permit the paid: than private dwelling'ox•ieg�dentir�l Fur- tl any.puxposea whatever, other That not core than one dNyellir'6 shall be execteai ypdtl:said byanndoa ti,iovei poses. Premise which shall be constructed fax use and OcCUpanbmitteti dwellint to be submitted tv.; than one family, plans fox such h by the party ofnootebelbuiltanearerbefore the lily: '' than°twehtyn5tructfivne-,(25)a�eet•to dwelling shall 1 29th 1930; no garage'•.shail�.be .Built the bluff as it was on 3u Y ' of the dvrelling-elected there;::,. be Yin.' Iof pal upon said pren.ises exceptin6 it a p' of any by the Fatty of'the first Faxt. obecl' j plan to be approved hel'hed be or Feru.itted uFon saithptenosoutsitxehtoilet gshall shall erected Brise, more than three (3) feet high; nb• cesspool dh-.any lot oZ rZetsises; permitted or erected upon the any well than seventy-five (75)feethouse piE sty, oI permitted nearer of anykind, located on said blui'f, that no poultry upon said rlemises, and no buildir.,. kennel shall be erected or relt:itted any kind shall "oe erected thereon other as mealeCovell-"': or structure of house permitted hereunder, tho4 unuerutooatanuemadeua.condition thexeoi, r j xtinninE with the land, it oeing time by the wlittel. oI i.:nnulea at any _.- j however, that they ray be alt'_Ied the consent the of the 1il�,t Farts ti',?thott oof~thenfirst :�^s't consent of party any oinin l:nd. a o: the o..nexti of tern ac „ ,` :,-;•• d•;-c-' ling i::. _. , _ _,zt hel�ctofoi'- co:°�����''•d to •,V 'ar T 14 iAVR AND TO HOLD tse premises ltcrchi granted nolo the part y of the secdbd part, �he Z he 12 8 and assigns forever 'AND the party of the first part covenant n3 follows; FFlis.t., That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same; i S�eed''nd. That the pard of the second part shall quietly enjoy the said premises; Third.::Th�aid premises are free from Incnntbrances except ao of or esaid; 'you it That • the party of the first part' tvlll execute or procure all), further accessary a,surance of the t tle to said premises; Itlffff: Tltat the party of the first pair will fofe ver waitant the title to the said premises. IN WITNIiSq tyzrtru . V the party of the Hrst pail has caused its corporate seal to be hereuhio nffixed Htid• these 'presents to be signed by its duly, authorized officers the day and year first ! ahovr`'ivritten. , ' GARI)kER3 BAY COMPANY, INC. as State of New York County of Nassau On the _ aarl tllirt —twU G day of Y , before Inc cane. , nineteen hundred ......._.__ Ale canF. . `Jenncon me known, ivlto, being by Inc duly sworn, did depose and say that lie resides in c:^ ' z[tre, Nae©au Ocunty, New York{ ao CitV 111e that lie is the President of Gardners Bsy Company, Inc. --�-»_, the corporatlon described in, and which executed, the foregoing instrument; that he knows the seal of said corporation; that the seat affixed to said seal; that itmas so affixed by order of the Board of .� liitectole instrument is -such corporate corporation; and that lie signed his name thereto by IIke order. of said tECORDED Notar.y public, SEP1VrFNHPLG" 3 Nassau t;o., N, y, WAPin, Clerk or Sutfalk County .. • --���G�Y l � �� ,. I 7c. i '.'. i•�a FAc� )v ?•i1�. L ili ii ;aa_ -- :�1F CC [:'1.i,1':V t1. :t, ,). i 1.0 l)l L.il u11C :LC t` :' :. t •'r ':— ,1'i'' :.r1cvF u b- t1he p lrt: , of "_. a:• :•i: _n ,......`• n . together with the appurtenances and all the estate and tights of the party of the firs[ said to premises, _ part in and T 14 iAVR AND TO HOLD tse premises ltcrchi granted nolo the part y of the secdbd part, �he Z he 12 8 and assigns forever 'AND the party of the first part covenant n3 follows; FFlis.t., That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same; i S�eed''nd. That the pard of the second part shall quietly enjoy the said premises; Third.::Th�aid premises are free from Incnntbrances except ao of or esaid; 'you it That • the party of the first part' tvlll execute or procure all), further accessary a,surance of the t tle to said premises; Itlffff: Tltat the party of the first pair will fofe ver waitant the title to the said premises. IN WITNIiSq tyzrtru . V the party of the Hrst pail has caused its corporate seal to be hereuhio nffixed Htid• these 'presents to be signed by its duly, authorized officers the day and year first ! ahovr`'ivritten. , ' GARI)kER3 BAY COMPANY, INC. as State of New York County of Nassau On the _ aarl tllirt —twU G day of Y , before Inc cane. , nineteen hundred ......._.__ Ale canF. . `Jenncon me known, ivlto, being by Inc duly sworn, did depose and say that lie resides in c:^ ' z[tre, Nae©au Ocunty, New York{ ao CitV 111e that lie is the President of Gardners Bsy Company, Inc. --�-»_, the corporatlon described in, and which executed, the foregoing instrument; that he knows the seal of said corporation; that the seat affixed to said seal; that itmas so affixed by order of the Board of .� liitectole instrument is -such corporate corporation; and that lie signed his name thereto by IIke order. of said tECORDED Notar.y public, SEP1VrFNHPLG" 3 Nassau t;o., N, y, WAPin, Clerk or Sutfalk County .. • --���G�Y l � �� ,. I 3oxis`2 TMU ! MUST as TYKD Oa PRI.XTED ICV Bj,s 1 qurmX COUM CLUM 2, Sc" a Dad / Xerpv InAr mem 3 ood 01).00 K 1 I63v 7e Dad I Nrnpso Tu Stmp PRIOR TO RECORDING OR.FILING• . 21 SS!." -3 F.9 2:52 r• Recoraiag / filing Stamps Nrrtpes AOL ler 1. Basic Ta: YaMrF L SONYMA Sub Taw _ Ne"Uss J. SpecJAdd. LA -3217 (Caaaq) Ttl'r. MTC, TAR QA -1217 (State) 11rat Towr _Oral Cnwq R�T.SA 02�-u� Comm. A+Tid»il l'endieJ Copy _ Rey eup7 lk PnFett7 cINetd by Iiia mis"Ple Otbcr ear willk ka rs, by a tlwe K ttn S Real ingerty Tu Seriee . mum tiou 3 ood 01).00 K 1 I63v 7e Dad I Nrnpso Tu Stmp PRIOR TO RECORDING OR.FILING• . 21 SS!." -3 F.9 2:52 r• Recoraiag / filing Stamps Nrrtpes AOL T i-crGf%/1 zAr ..re—e Ce: 1. Basic Ta: L SONYMA Sub Taw _ Sub Total J. SpecJAdd. ,f Ttl'r. MTC, TAR >, y`RT. ✓*�jI 11rat Towr _Oral Cnwq )j c' llrw far App.ot .,mc d --- a _ RECORD d1. RETURN TO . slu%i w Tax e "'- lk PnFett7 cINetd by Iiia mis"Ple �U ear willk ka rs, by a tlwe K ttn Sub ToW GRAND TOTAL,—_ family dwelllq ady. ( ..:i• : •.. :.al. If NO. see anwwrwa las dun'N'-.`�'f Alpeac), Veri(iatior 6 iilla Cati�iiy IafiraiNaa ' �; ' 8lock Lot 0G•C6 UQ Tt'a�T�1�t: (u4RRNTt.4f.Co;,• ,•,1 A✓ 6F ANfAIICwa �,d! d- 000.001, Il.`L 40631. A-rr• sr We161 tTe/If, ' C -F -y flaw 1vP4 – 37� '• . �'—� _ - _ or HA.%IL." of CA ; r ,( r+ R t o w 7< :fie.`c:r._=` T i-crGf%/1 zAr ..re—e Ce: t7 3C :,:': • :• Alrw YORX, w.i:'100 i% ' A�ct r,7. Wd-i✓crci j a _ RECORD d1. RETURN TO . DRFM Suf%ik County Recording & g Endorsement Page.1 '.; PW I -On" part of the athcbW s4Jl:D"I Ll jut: RdF (Deed, i�ilirtgsge, t3frarFN . .. %�•1 kR r' i.1 ,T'R ' The 1.m.:. p tsea herein is situated in SND SCFFOLK COL N -M NF.W PORK. Ter In the TOW;lof S11,,rof LcG JcSE aN t Ni KtR"e y 4tJ5 r r<r}a rcN a.1. rig In the VHI AGE. '• . �'—� _ - _ or HA.%IL." of CA ; r ,( r+ R t o w ST- I0O0 "Fc 3/ 133. 6J Lr; s G e? J . TSIs 27DSETM, made the 24th day ofAugust, 1995, between -Ralph martin, jr. ("Martin") ; and Josephine Kirby Lustgarten, Eric Lustgarten and Ellen Lustgarten (collectively the "Lustgartans".d5�'""y 1 -y W I T N E a s.a r as WZZRWW, Martin is the owner in fee of certain premises' located in Suffolk County, Now York, . as more particularly described in• a deed made to Martin, dated September 1, 1971, w' and recorded in Liber 6998 , , .page 59 : and r•. ? ; f WZffRWW, the Lustgarten are the owners in tee, as tenants in common, of certain premises also located in Suffolk County, New' -York, as more particularly described in a deed dated- September 19, 1984 made to Robert Lustgarten .. ,- '' Y and Jose h,�w Y pine K �ib':Lustg Erten as tenants in common/ and ..'iii•,^, .. `S k a:t.-:? • recorded in Libe=' 9ai47; page 493. Said Robert Lustgarten died ° ,,- ,• , resident o! testate on ]April' 2 1991 a Suffolk Count .:.; New York, and by w"il,l 'devised his undivided interest in ...,•' ;4„�;�: �.. $ rest the premises to Ellen and Eric Lust arta equally. The 9 n, ,,•.:';'. :;:n:.1i remises owned b P ythe Lustgartens lie immediately to the south and vest ofthe, premises owned by Martini and . WRZRER8, a question har arisen as to' the location of the boundary line between the premises owned 'by Martin and the Lustgarten* ideitified and described above and Rau,"' Martini and the Lustgarten desiire to fix and ' .,• to definitely establish the boundary line between the parcel owned wned by Martin and the. parcel owned by the Lustgarten, and to settle all outstanding litigation-between them. NOW, TSERSPORE, iii consideration of the preeiises and " ,• the sue of $1.00 ` . by each of the parties here:: to the other in lsasxl paid, the `receipt o! which lei . hereb y,..acknowledged, 7F•. ^ss� hi ::z:•':L• s4 - '. i,- -. i:�....' -' .Y(: ;y;i -t .j ;. -.•,,> �-•? ^;r.::~:r'. _ - .G. �r'-'�;•;}r•.e.�•-r:� ':1:�1,%9:'. .., . , _. ..a.N,'y •'F• - ... T8L parties further agree that 'the descriptiut of the Martin Property shall be as :';':'r:; <'>. - ...:. ._ in schedule A. annexed hereto, and that the description of the Lustgartens Property shall be as in Schedule B annexed hereto; and the said pmrtiee- hereto for themselves, their heirs, distributees executors, administrators, successors and assigns, covenant and agree that the boundary line bet:reen the land in the ownership of Martin (the -Martin Property") and the land in the ownership of the Lustgartens (the "Lustgartens Property") is hereby established as being described as follows: BEGINNING at a point or .the masterly side of Old Orchard Lane (private Road; said point being where the division line of Lots 6 and 7 on the Map of Beetion 11 Gardiner's Bay Estates intersec said easterly line of Old Ots the rchard Innes RUNNING 'THENCE south 31 ,dear:et 01 minutes. ]0 seconds Eaat 'alone said division, line 164.60 Beet to a point; THENCE'"South 49= degrees 26 'minutes 70 seconds<<'East'''atill along 'Bald division lin 72 note ' nefeet or. less :-'or that distance•':riecessary to reach the ordinary high water-sark of Gardiner•s Sap, AND, Martin'�dces hereby remise y�. . release, and quitclaim sr. unto the Lustgartens, their heirs, distributee: r and assigns, all of his right,, title and interest: in; and '+ ' .to anand-'all land 1 Y lying to the south and 'said �''• ,. vest of bounds ry lines and the Lustgartens do hereby remise, release and quitclaim unto Martin, his heirs, distributees s`• }� and assigns; all of right, their 9 title and interest,in -' and to an Y and all lands lying ' to the north -and east of'siid boundary line; and T8L parties further agree that 'the descriptiut of the Martin Property shall be as :';':'r:; <'>. - ...:. ._ in schedule A. annexed hereto, and that the description of the Lustgartens Property shall be as in Schedule B annexed hereto; and THE above descriptions and boundary line are drawn in accordance with a sketch map made by Krause Land Surveyors, dated September 8, 1994, a copy of which sketch map is annexed hereto as Schedule C; and THE Lustgartans hereby grant to and convey to Martin an easement for the right to use for recreational purposes, and• those ,other uses customarily associated with the use .of a beach, ,over the' following. described parcel: BEGINN(IHG,.at, a point where the division line'; between Lots 6 and 7 on Map of SectioA"4;g,One,, Gardiners Bay Estates, fi'led;gS®gt®aber 23, 1927 as Map No. 2S5 int e[3ects"''the high water mark of :ardin�r9;.Say, .which point is distant 39-.6-;Xiet:''inortheasterly along said high water'iark:from the southeasterly corner ofthe Community beach as shown on Map AUNNIkC THENCE S. 49. 26 30 E. 72 feet more or,' Tess: to the 1980 ordinary high nater Or, o'f Gardiners Bay; 'Ii1ENCE,_ 'in a southwesterly direction along'said 1980 ordinary high water mark a distance of 27 feet more or less to a point: THENCE N. 31■ 01 30 W. 82 feet more or less 'to the point or place of the BEGINNING. In the event of accretion due to the continued recession of the shoreline of "t Gardiners ' Bay, - the boundaries of ' the easement shall `bs extended -at a 90• angle.to the 1980 high water mark. IT, Ss. mutually, covenanted and agreed between the partes hereto, that this Agreement shall run with the land .• and shall bind the respective heirs, distributees. 0 executors, administrators, successors the parties hereto. ,i.� . Zit WITNZSS RSEREGt, the partiee x set their hands and seals the day written. yew} :yi til C sc JO: a � ' ),a m 1 1 e' w tt_: hl t '.. r of rrtt #"P'.n{^f'"� .,tsr*. .I �. n'41: ?tsY•. {!.Y F.4r! _ ... ,afar. f., ' l SCHFDLZE •A• e: n ALL that certain plot, piece or peal of land, with the buildings and U;, tmpro%emcn:s thereon erected, sitwte, lying and being u Fast Marion, Town of'Souihold• County of Suffolk, State of New York, bounded and dcwnbed as follows; BEGINNING at a point on the high water mark of Gardiner's Bay disL'tnt 50 .jt feet in a southwesterly direction from the southwest corner of Lot No. 4 as shown on i ?;{a. map known -is 'Map of Section Two, Gardiner's Bay Estates, •situate at Etat Marion, L.I.', which map wts filed in the Suffolk County C1erk's Office, September 23, 1927 under No. 275; i` rid RUNNING THENCE in a northerly direction and parallel with the westerly line of said N•a. 4 194.2 feet to a certain private right of way; RUNNING THENCE along said right of way in a weitedy direction a distance of 47.44 feet to OldOichird Lire: • •• ``� RUNNING'THENCE in a souther) direction and parallel with the first course, Y' , 210 feet to tte high watermark of Gardiner's Bay; ` .'Lo="r h4 4t RUNMNG:THENCE in an easterly direction along the high %ate. mark of 'Gardtnc ' -'s Bay a distance of So feet to the point or place of BEGINNING. �a BEING AND' INTENDED TO BE a portion of Lot No. 6 as shown on a certain c•. ;�4 r r,:y7 ".;.^. ma p entitled, 'Map ot:Section Two, Gardiner's Bay Estates;situate at Fist Marion. L.1.' ;; which smap p was filed rt the Suffbik County Clerk's Office, September 23, 1927, under i;1j� No. 275. R ' BEING' AND INTENDED TO BE the same Ralph is premises conveyed to Martin, It. by deed dated September 1, 1971 recorded in the Office of the Clerk of the County of Suffolk on September 2, 1971 in Liber 6998 at page 39. . .t� �' • - ALL that certain ploy, pry «' improv.ments thereon erected, situate, 1 Parcel of.land, with the buildings and lying and being u East Marion, in the Town of Southold. County of Suffolk and State of New York, known as and by Lot n on a certain map entitled, 'Map of Section 11 Gardi.ner's Bay Esrarcs. sit wwasuated u East Mahon, hich tnap wfiled In Office of the Clesk of the County of Suffolk an Sep mlbeiw23, 1927 as Map Number 233 said lot being mare particularly bounded and described as folio ws: BEGINNING at a point on the easterly side or Old Orchard Lane (Pnva:e Road) said Pat.0 being where the division line of Lots 6 and 7 an the above mentioned map Intersects the said easterly side of Old Orchard Lane; RUNNING THENCE South 31 degrees 01 minutes 30 sec division line 164.60 feet to a point; onds Ent along said THENCE South 49 degrees 26 minutes 30 seconds East still along said division line 72 feet more or.less,to Gardiner's Bay ()king the ordinary high water mark of i9g0); THENCE Southwesterly along Gardiner•s Bay 41 feet more or less to a paint being land now or formerly of Gardiner's Bay Co. Ing. Brach; slid point being the following = 2 coursa and distances from the Point or place of beginning; (1) South -,',14 degrees 47 minutes 40 seconds East 161.12 fat; (2) South' 49 degrees 26 minutes 30 seconds Ent 103.00 feet more or less; RUNNING THENCE North 49 degrees 26 minutes 30 seconds West along the last menuoned lane 103 feet more or less to a point sot on I -ane (Private Road); the easterly side of Old Orchard THENCE Norh 14 degrees 47 minutes 40 seconds West along theeasterly side Of Old Orchard Lane (Private Road) W.12 feet to the point or place of BEGINNING. Lust osteo BEING AND INTENDED TO BE the same premises as conveyed to Robert . g . deceased, and Josephine Kirby Lustgarten, as tenants in common, by deed dated September 19. 1984 worded in the Office of the Clerk of the County of Suffolk on September :4 26. 1984 in liber 9647 u page 493. t' Q /X f t �^ 01%E��.� ~ . •7 tett :<<F .. .•+¢ Map or a Cc 1-------------- • aSe,- re 41 MAP OFP.pOP: E'T ` ! 4r dWST 1WR.PiC•1 Mlyy. � .�fOLK CGUNT✓ ��('f��1 .E/E.v /C,��Y .(�tiw.✓AS 7, 6tac�L' 6 Vic; 37 D�Sl iCOO • S �! TRYMAPS, FA�•7 t`� MRP . • of Sfc- tNE G apo , c.2 f B, YEST•srE� C`Z ANL GtEOS F_ ' 1% ruR/E/S E/.F'-'LE.P/C'K ✓iONiG/� �.S '� �S G' Se iN E✓ ^�✓,rE !.v SLFtPlM' E �'� s • !J I lc.:..f'T C.� TnrE �In:TE N`w i'�Pr '•O (r �i ..� T }• cCva �' Cf Stiff � tt` ..4Cf.�.V. gi•6C�2 'til:; ���.%EM1 •j �:f j Kk�oLiSE LAn/Dyt:.ef ` 789 OlD C'GVNT,QI .PG9D WES All 't+..r (��e'•333•?Beds g /994, C 51 �{°,r:a.;•1%,�.1��'�. •, 6•: ": '.fly. ,•t �_ K.,����: �ir+nN::. r.{C. '(q'-;•��yi?' .•�i�` _ ,(•1�� -rY�,•.. �-t �ylC.r'�''''- Q /X f t �^ 01%E��.� ~ . •7 tett :<<F .. .•+¢ Map or a Cc . • O X11 7 l't •'• � ' � 'til:; ���.%EM1 •j 51 �{°,r:a.;•1%,�.1��'�. •, 6•: ": '.fly. ,•t �_ K.,����: �ir+nN::. r.{C. '(q'-;•��yi?' .•�i�` _ ,(•1�� -rY�,•.. �-t �ylC.r'�''''- i MAP OF ROr E _� dY s4�r Ma�:lu� • 1VWOr 01'30JTh.�ID, N.Y• w . S • •fol. "Goat '`L L Disk .. CO I.ui r NDa REi't!4 m' � _ P7M OF DIN IVY • ,,,�� �/r] �p;'+.p r,`�py.��.��.y-�:•� . i Tiwu d. 'J • o�'•../•V ti • c�R." I '�' .. MMAYLtG.61' ' -iL-. .IMd . "'.. TAN lltl r _• Ilk s_�5y�� O l yA.Ij 1l.I l P:. . Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DETERMINATION OF NON -JURISDICTION DATE: March 19, 1999 AGENT: ADDRESS: PHONE: RE: SCTM# 1000-37-6-7.1 13 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1882 Fax (516) 765-1823 APPLICANT: Joseph Tavano ADDRESS: 32 7th Street Patchogue, NY 11772 PHONE: 289-1214 The Southold Ton3/1w9/99 oard of Trustees reviewed the survey dated and received in our office on and determined that your proposal to Add addition to existing residence. to be out of the Trustee Wetland Jurisdiction under Chapter 97. However, any activity within 75' of the Wetland line requires a permit from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms GERARD P. GOEHRINGER, CHAIRMAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 180 SOUTH LANE P.O. BOX 5 EAST MARION, NY 11939-0005 MARCH 2 3 11c, 1999 RE: APPLICATION NO. 4664 - ROBERT LUSTGARTEN (j_OSEPH TAVANNO CONTRACT VENDEE) DEAR SIR: IN RESPECT TO THE ABOVE NAMED APPLICATION I REPRESENT THE FOLLOWING PARTIES: ROGER J. & LESLIE WALZ (LOT 5) 2505 OLD ORCHARD LANE, EAST MARION, NY EDWARD A. & VIRGINIA THORP (LOT 4) 80 SOUTH LANE, EAST MARION, NY FRANK S. & PAULA C. THORP, JR. (LOT 1 & 2) 180 SOUTH LANE, EAST MARION, NY GARDNERS BAY ESTATES COMPANY (ORIGINAL DEVELOPERS) P.O. BOX 5, EAST MARION, NY (LOT NUMBERS REFER TO "MAP OF GARDINERS BY ESTATES) FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON SEPT. 23, 1927 AS FILE NO. 275) WE ALL VERY STRONGLY OBJECT TO THE BUILDING PLANS OF THE ABOVE APPLICATION. THE APPLICANTS PROPERTY IS AN ODD SHAPED SMALL PARCEL CREATED BY THE GARDNERS BAY COMPANY FOR A SPECIFIC PURPOSE IN 1927. IT WAS SOLD(GIVEN) FOR A MINIMUM SUM TO A PARTY BY' THE NAME OF MAXIN. AT THE TIME THE HAD A SON WHO BY TODAY'S STANDARDS WOULD BE CONSIDERED PHYSICALLY CHALLENGED. THE REV. A.F. JOHNSON, AN OWNER OF THE COMPANY, ALSO ARRANGED FOR A FORMER FISH SHACK TO BE FLOATED DOWN THE BAY AND PLACED ON POST TO PROVIDE A SUMMER RETREAT FOR THE BOY AND HIS FAMILY. IT WAS NEVER THE INTENTION OF THE COMPANY FOR IT TO BE MORE THAN JUST THAT. MOST OF THE DEEDS FROM THE COMPANY TO LOT OWNERS INCLUDE RESTRICTIVE COVENANTS IN REGARD TO FRONT, BACK AND SIDE LINE THESE COVENANTS HAS BEEN DEEDED TO THE GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.. THESE RESTRICTIONS HAVE RESULTED IN AN ARCHITECTURAL CONTINUITY AND SITE PLACEMENT SO THAT ONE NEIGHBORS STRUCTURE DOES NOT RESTRICT THE VIEW OF ANOTHER AS THIS PROPOSED PLAN WOULD. THE ORIGINAL STRUCTURE CONTAINED A TOILET, WASH BASIN, AND KITCHEN SINK ATTACHED TO A SINGLE CESSPOOL. LATER AN OUTSIDE SHOWER WAS CONSTRUCTED THAT DRAINED INTO THE GROUND. THE PROPOSED PLANS CALL FOR TWO BATHROOMS AND A LARGE KITCHEN. WE DO NOT BELIEVE THAT THE PRESENT SEWAGE SYSTEM OF ONE CESSPOOL, LOCATED LESS THAN THE PRESENT LEGAL DISTANCE FROM THE WATER TO THE WEST OF THE PROPERTY, CAN POSSIBLY HANDLE SUCH AN INCREASE IN USE THUS, POSING A HEALTH HAZARD TO THE SURROUNDING AREA. WE ALSO OBJECT TO THE PROPOSED REMOVAL OF THE BEACH GRASS AND SAND DUNE IN THE WESTERLY BOUNDARY. THAT PARTICULAR SAND DUNE PROTECTS THE WASH OVER OF SAND INTO THE NEARBY CANAL DURING HURRICANES AND OTHER BAD STORMS. THE BEACH GRASS ALSO HELPS TO CATCH THE BLOWING FROM FURTHER ERODING THE AREA. THERE HAVE BEEN BASICALLY TWO ADDITIONS MADE TO THE ORIGINAL BUILDING. A TEN BY TEN FOOT ENCLOSURE TO THE NORTH SIDE AND A WOOD DECK TO THE SOUTH. WE DO NOT BELIEVE THAT EITHER OF THESE WERE DONE WITH THE PROPER PERMITS. THEREFORE, WE RESPECTFULLY REQUEST THAT YOU DENY APPLICATION NO. 4664. S FRANK S. THORP, u,=n. GERARD P. GOEHRINGER, CHAIRMAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 180 SOUTH LANE P.O. BOX 5 EAST MARION, NY 11939-O005 MARC 31999 RE: APPLICATION NO. 4664 - ROBERT LUSTGARTEN (JOSEPH TAVANNO CONTRACT VENDEE) DEAR SIR: IN RESPECT TO THE ABOVE NAMED APPLICATION I REPRESENT THE FOLLOWING PARTIES: ROGER J. & LESLIE WALZ (LOT 5) 2505 OLD ORCHARD LANE, EAST MARION, NY EDWARD A. & VIRGINIA THORP (LOT 4) 80 SOUTH LANE, EAST MARION, NY FRANK S. & PAULA C. THORP, JR. (LOT 1 & 2) 180 SOUTH LANE, EAST MARION, NY GARDNERS BAY ESTATES COMPANY (ORIGINAL DEVELOPERS) P.O. BOX 5, EAST MARION, NY (LOT NUMBERS REFER TO "MAP OF GARDINERS BY ESTATES) FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON SEPT. 23, 1927 AS FILE NO. 275) WE ALL VERY STRONGLY OBJECT TO THE BUILDING PLANS OF THE ABOVE APPLICATION. THE APPLICANTS PROPERTY IS AN ODD SHAPED SMALL PARCEL CREATED BY THE GARDNERS BAY COMPANY FOR A SPECIFIC PURPOSE IN 1927. IT WAS SOLD(GIVEN) FOR A MINIMUM SUM TO A PARTY BY THE NAME OF MAXIN. AT THE TIME THE HAD A SON WHO BY TODAY'S STANDARDS WOULD BE CONSIDERED PHYSICALLY CHALLENGED. THE REV. A.F. JOHNSON, AN OWNER OF THE COMPANY, ALSO ARRANGED FOR A FORMER FISH SHACK TO BE FLOATED DOWN THE BAY AND PLACED ON POST TO PROVIDE A SUMMER RETREAT FOR THE BOY AND HIS FAMILY. IT WAS NEVER THE INTENTION OF THE COMPANY FOR IT TO BE MORE THAN JUST THAT. MOST OF THE DEEDS FROM THE COMPANY TO LOT OWNERS INCLUDE RESTRICTIVE COVENANTS IN REGARD TO FRONT, BACK AND SIDE LINE SETBACKS AS WELL AS ARCHITECTURAL REVIEW. THE POWER OF � THESE COVENANTS HAS BEEN DEEDED TO THE GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.. THESE RESTRICTIONS HAVE RESULTED IN AN ARCHITECTURAL CONTINUITY AND SITE PLACEMENT SO THAT ONE NEIGHBORS STRUCTURE DOES NOT RESTRICT THE VIEW OF ANOTHER AS THIS PROPOSED PLAN WOULD. THE ORIGINAL STRUCTURE CONTAINED A TOILET, WASH BASIN, AND KITCHEN SINK ATTACHED TO A SINGLE CESSPOOL. LATER AN OUTSIDE SHOWER WAS CONSTRUCTED THAT DRAINED INTO THE GROUND. THE PROPOSED PLANS CALL FOR TWO BATHROOMS AND A LARGE KITCHEN. WE DO NOT BELIEVE THAT THE PRESENT SEWAGE SYSTEM OF ONE CESSPOOL, LOCATED LESS THAN THE PRESENTLEGAL DISTANCE FROM THE WATER TO THE WEST OF THE PROPERTY, CAN POSSIBLY HANDLE SUCH AN INCREASE IN USE THUS, POSING A HEALTH HAZARD TO THE SURROUNDING AREA. WE ALSO OBJECT TO THE PROPOSED REMOVAL OF THE BEACH GRASS AND SAND DUNE IN THE WESTERLY BOUNDARY. THAT PARTICULAR SAND DUNE PROTECTS THE WASH OVER OF SAND INTO THE NEARBY CANAL DURING HURRICANES AND OTHER BAD STORMS. THE BEACH GRASS ALSO HELPS TO CATCH THE BLOWING FROM FURTHER ERODING THE AREA. THERE HAVE BEEN BASICALLY TWO ADDITIONS MADE TO THE ORIGINAL BUILDING. A TEN BY TEN FOOT ENCLOSURE TO THE NORTH SIDE AND A WOOD DECK TO THE SOUTH. WE DO NOT BELIEVE THAT EITHER OF THESE WERE DONE WITH THE PROPER PERMITS. THEREFORE, WE RESPECTFULLY REQUEST THAT YOU DENY APPLICATION NO. 4664. Si CERELY /FRANK S/�THORP~ JR. Mr. & Mrs. James L. Fischer 1360 Old Orchard Lane East Marion, New York 1193' Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold, New York Southold Town Hall P.O. BOX 1179 53095 Main Road Southold, New York 11971 March 21, 1999 iD i,1 MAR 2 31999 Re: Application No. 4664 [seeking an area variance] Robert Lustgarten (Joseph Tavanno, Contract Vendee) 2575 Old Orchard Lane, East Marion Gardeners Bay Estates March 25, 1999, 7:25 p.m. Dear Mr. Chairman: We own the house and property at 1260 Old Orchard Lane, East Marion, New York. 1260 Old Orchard Lane is located in Section Three of Gardiners Bay Estates. In addition to the house and property, we own deeded rights to pass over all of the roads in Gardiners Bay Estates and to use the beach at the southern end of Old Orchard Lane. We are writing to object to the proposed area variance for the following reasons: 1. The requested area variance, and each of its several components, are substantial; 2. An undesirable change will be produced in the character of the neighborhood if the requested variance is granted; 3. A detriment to nearby properties will be created if the requested area variance is granted; 4. The proposed variance will have an adverse effect or impact on the physical conditions of the neighborhood; 5. The proposed variance will have an adverse effect or impact on the environmental conditions in the neighborhood; 6. If the benefit sought by the applicant is construction of a sound structure, then reconstruction of the existing structure is a feasible method that will achieve the benefit sought without the need for a variance; 7. If the benefit sought by the applicant is construction of a new nonconforming structure on a twenty foot wide low lying lot, then the alleged difficulty is self-created by the contract vendee. - t ` Mr. Gerard P. Goehringer, Chairman March 21, 1999 Page 2 Enclosed with this letter are five sheets of mounted photographs. The photographs, which show the existing structure and its surroundings from several perspectives, are numbered 1 through 13. Each of the attached photographs, and all of the photographs as a group, are a fair and accurate representation of the existing structure and its surroundings as they existed on Friday, March 19, 1999. The requested variance is substantial in at least six different ways. First, the required setback from the west ("front") property line, required setback distance 35 feet, will be reduced from 4.1 feet to 2 feet. Second, the encroachment of the east side of the structure into the setback zone of the parcel will be expanded or enlarged from thirty (30) feet north -to -south to fifty-eight (58) feet north -to -south. Third, the encroachment of the west side of the structure into the setback zone of the parcel will be expanded or enlarged from thirty (30) feet north -to -south to fifty-eight (58) feet north -to -south. Fourth, although the application to this Board does not contain an elevation drawing of the proposed structure, the new structure is proposed to be eighteen (18) feet in height (apparently two levels of living area) whereas the existing structure is twelve (12) feet in height (one level of living area) according to the Building Permit Application form contained in the file of Application 4664. Fifth, the proposed lot coverage is 1681 square feet in comparison to the existing coverage of 600 square feet. Finally, the lot coverage ratio exceeds twenty percent. A portion of the total lot area claimed on the application as a component of the denominator in the lot coverage percentage computation is a triangular easement shared by the applicant parcel and by the parcel to the east of the applicant. That 972 square foot easement must be subtracted from the denominator (7316 — 972 = 6345). Additionally, the applicant's property is subject to flooding. Those portions of the property subject to flooding do not count as buildable for the coverage calculation and must also be subtracted from the denominator in the computation. These two subtractions from the total lot area significantly increase the proposed lot coverage percentage. The applicant does not even propose screening of any sort. The Gardiners Bay Estates neighborhood as a whole, and its beachfront neighborhood area in particular, will suffer an undesirable change if the proposed variance is granted- The beach now enjoys an open, undeveloped character that is effectively protected by the zoning code. The entire beach is deeded individually to each of the property owners in Gardiners Bay Estates for their use, provided they pay $5.00 per annum beach fees. The properties to the east are developed with structures atop a low bluff (see photos 1, 5, 8 and 9) with the exception of the modest cottage that is the subject of the application at hand which is at beach level. Further development of those bluff -top properties in the direction of the water to the south of the bluff would be in a flood zone. A bulkheaded channel to the west of the beach separates the beach from the next property to the west (see photo 10). The proposed variance would add a large residence to the beach thereby diminishing the beach property of the entire Gardiners Bay Estates community for the benefit of the single applicant contract vendee -- who is not at this time a property owner. The zoning board file does not indicate whether the contract is Mr. Gerard P. Goehringer, Chairman March 21, 1999 Page 3 conditioned on grant of this variance. Moreover, nearby properties will have their views impaired and noise levels increased from the proposed structure and its decks. The proposed variance will result in the uprooting of beach grass and dunes (photos 5, 6, 8 and 9), and a large caliper tree at the' estern quarter of the southern face of the existing structure (photos 2, 4, 5, 6, 7, and 13). Loss of the tree and beach grass will increase possible erosion during severe storms. Also, replacement of the present cottage with a year-round residence with two bathrooms as shown on the plans submitted will increase loads on a septic field in a flood zone bordering on the swimming beach of a private community. Additionally, the plans submitted do not disclose if a basement is to be excavated below the proposed structure. There is merely a crawl space and small dugout garage area beneath the existing structure (see photos 4 and 13). While no topographical survey was submitted, the Board should be provided a numerical elevation of the depressions and slopes in of this property above mean sea level and above mean high tide (see photos 4 and 11). The present crawl space and dugout garage are already subject to flooding during storms. A basement (whose invert elevation is not disclosed on the plans submitted) could pose an even greater, problem. At least one member of the Board should take the opportunity to view the property to understand the lay of the land at this location. The alleged difficulty to the applicant's contract vendee is self-created. The present cottage can be upgraded within its existing envelope with no need for a variance. If an applicant were to propose a six -bedroom home on this parcel because the applicant's family had ten children, we would suggest that the solution is not to shoehorn an oversize structure onto an undersized lot, but to build elsewhere. The application to this Board does not state when the present owner purchased the property nor from whom it was purchased; however, it has been used for quite a few years by the present owner without expansion. It is now wonderful beachfront retreat for its owners. The adjacent beach is a wonderful retreat for the rest of the community. The two uses now exist in balance and harmony. If the proposed variance is granted, that balance and harmony will be upset to our detriment, as owners of deeded rights to the adjacent beach, and to the detriment of every .property owner in Gardiners Bay Estates. Enclosures Thank you for your consideration. Respectfully submitted, tiam•L. Fischer , B. Fischer y. b, y ♦t?, F��W ,� lima\ N. "-� 1?(I r41 \ _t %•i `r .i . y l r \ r �` i}'i' { fC'::,-'� °f - i J. �.y,�"�'� jl1�iy� �� � 4^Ai �Y - :.' i 5 �) - -� i 1, '} \�' P•'' } _��t '�+,�>,�` yak £ `�N iRv •°G. \t yyyl �f i v.; ti'�ti 1` � � \i �s�%.V.� y �t1•,•. i _•- .i�� _.11 i 1f �l(F.y ,4 \L�}.�j �•r r'.sx3";r� F�y��'f* -ki�l,." � '• \!' s�j f ..` t�u �.V iy ti tA't r � �..kt \� .?r ,y� � syr �1' ! { rY �'''�� i�, -j t� � � , �-...? �. 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It �r. ) ,,Ir / r ' p•�''�}',,%.�.},`i 1i.k ',{� , ��G.t.—r< .�c•;irliY.Jy }. � s COMM .� 1� -�,.e� es•,F,: r/�-i\ 't \•���., � � �, �^T � ;�-�/ .. amp 'sr �.y4 �i ll�., �,,. y�\i�-'L %. 1. �or We,— n. C... li ''+ 'el PW L. _ of- bw� Nx ;t?E- Wk Uk� 74, ppin Li p, Won k�4 IL gx li ''+ 'el PW L. _ of- bw� Nx ;t?E- Wk Uk� 74, ppin Li p, Won k�4 tz �7! WN 04 V:1 U °tea r �� �,�.z 445- 551, �gM. ®mr -- 1- 4" k"A 9i Mil tw'6 14, J7 L Pk i4 tz �7! WN 04 V:1 U °tea r �� �,�.z 445- 551, �gM. ®mr -- 1- 4" k"A 9i Mil tw'6 14, J7 L Pk a Mr. & Mrs. James L. Fischer '13 60 Old Orchard Lane East Marion, New York 119-3 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold, New York Southold Town Hall P.O. BOX 1179 53095 Main Road Southold, New York 11971 March 21, 1-999 11 L/ MAR 2 31999 Re: Application No. 4664 [seeking an area variance] Robert Lustgarten (Joseph Tavanno, Contract Vendee) 2575 Old Orchard Lane, East Marion Gardeners Bay Estates March 25, 1999, 7:25 p.m. Dear Mr. Chairman: . We own the house and property at 1260 Old Orchard Lane, East Marion, New York. 1260 Old Orchard Lane is located in Section Three of Gardiners Bay Estates. In addition to the house and property, we own deeded rights to pass over all of the roads in Gardiners Bay Estates and to use the beach at the southern end of Old Orchard Lane. We are writing to object to the proposed area variance -for the following reasons: 1. The requested area variance, and each of its several components, are substantial; 2. An undesirable change will be produced in the character of the neighborhood if the requested variance is granted; 3. A detriment to nearby properties will be created if the requested area variance is granted; 4. The proposed variance will have an adverse effect or impact on the physical conditions of the neighborhood; 5. The proposed variance will have an adverse effect or impact on the environmental conditions in the neighborhood; 6. If the benefit sought by the applicant is construction of a sound structure, then reconstruction of the existing structure is a feasible method that will achieve the benefit sought without the need for a variance; 7. If the benefit sought by the applicant is construction of a new nonconforming structure on a twenty foot wide low lying lot, then the alleged difficulty is self -created -by the contract vendee. Mr. Gerard P. Goehrino, ; Chairman r_ March 21, 1999 Page 2 Enclosed with this letter are five sheets of mounted photographs. The photographs, which show the existing structure and its surroundings from several perspectives, are numbered 1 through 13. Each of the attached photographs, and all of the photographs as a group, are a fair and accurate representation of the existing structure and its surroundings as they existed on Friday, March 19, 1999. The requested variance is substantial in at least six different ways. First, the required setback from the west ("front") property line, required setback distance 35 feet, will be reduced from 4.1 feet to 2 feet. Second, the encroachment of the east side of the structure into the setback zone of the parcel will be expanded or enlarged from thirty (30) feet north -to -south to fifty-eight (58) feet north -to -south. Third, the encroachment of the west side of the structure into the setback zone of the parcel will be expanded or enlarged from thirty (30) feet north -to -south to fifty-eight (58) feet north -to -south. Fourth, although the application to this Board does not contain an elevation drawing of the proposed structure, the new structure is proposed to be eighteen (18) feet in height (apparently two levels of living area) whereas the existing structure is twelve (12) feet in height (one level of living area) according to the Building Permit Application form contained in the file of Application 4664. Fifth, the proposed lot coverage is 1681 square feet in comparison to the existing coverage of 600 square feet. Finally, the lot coverage ratio exceeds twenty percent. A portion of the total lot area claimed on the application as a component of the denominator in the lot coverage percentage computation is a triangular easement shared by the applicant parcel and by the parcel to the east of the applicant. That 972 square foot easement must be subtracted from the denominator (73 16 — 972 = 6345). Additionally, the applicant's property is subject to flooding. Those portions of the property subject to flooding do not count as buildable for the coverage calculation and must also be subtracted from the denominator in the computation. These two subtractions from the total lot area significantly increase the proposed lot coverage percentage. The applicant does not even propose screening of any sort. The Gardiners Bay Estates neighborhood as a whole, and its beachfront neighborhood area in particular, will suffer an undesirable change if the proposed variance is granted. The beach now enjoys an open, undeveloped character that is effectively protected by the zoning code. The entire beach is deeded individually to each of the property owners in Gardiners Bay Estates for their use, provided they pay $5.00 per annum beach fees. The properties to the east are developed with structures atop a low bluff (see photos 1, 5, 8 and 9) with the exception of the modest cottage that is the subject of the application at hand which is at beach level. Further development of those bluff -top properties in the direction of the water to the south of the bluff would be in a flood zone. A bulkheaded channel to the west of the beach separates the beach from the next property to the west (see photo 10). The proposed variance would add a large residence to the beach thereby diminishing the beach property of the entire Gardiners Bay Estates community for the benefit of the single applicant contract vendee -- who is not at this time a property owner. The zoning board file does not indicate whether the contract is Mr. Gerard P. Goehrin'� _ ?' Chairman March 21, 1999 v Page 3 conditioned on grant of this variance. Moreover, nearby properties will have their views impaired and noise levels increased from the proposed structure and its decks. The proposed variance will result in the uprooting of beach grass and dunes (photos 5, 6, 8 and 9), and a large caliper tree at the western quarter of the southern face of the existing structure (photos 2, 4, 5, 6, 7, and 13). Loss of the tree and beach grass will increase possible erosion during severe storms. Also, replacement of the present cottage with a year-round residence with two bathrooms as shown on the plans submitted will increase loads on a septic field in a flood zone bordering on the swimming beach of a private community. Additionally, the plans submitted do not disclose if a basement is to be excavated below the proposed structure. Thereis merely a crawl space and small dugout garage area beneath the existing structure (see photos 4 and 13). While no topographical survey was submitted, the Board should be provided a numerical elevation of the depressions and slopes in of this property above mean sea level and above mean high tide (see photos 4 and 11). The present crawl space and dugout garage are already subject to flooding during storms. A basement (whose invert elevation is not disclosed on the plans submitted) could pose an even greater problem. At least one member of the Board should take the opportunity to view the property to understand the lay of the land at this location. The alleged difficulty to the applicant's contract vendee is self-created. The present cottage can be upgraded within its existing envelope with no need for a variance.. If an applicant were to propose a six -bedroom home on this parcel because the applicant's family had ten children, we would suggest that the solution is not to shoehorn an oversize structure onto an undersized lot, but to build elsewhere. The application to this Board does not state when the present owner purchased the property nor from whom it was purchased; however, it has been used for quite a few years by the present owner without expansion. It is now wonderful beachfront retreat for its owners. The adjacent beach is a wonderful retreat for the rest of the community. The two uses now exist in balance and harmony. If the proposed variance is granted, that balance and harmony will be upset to our detriment, as owners of deeded rights to the adjacent beach, and to the detriment of every property owner in Gardiners Bay Estates. Thank you for your consideration. . Respectfully submitted, tJam L. Fischer fi B. Fischer Enclosures From _ LONDON FISGHER 605 TH I RD AVENUE NEW YORK, NEW YORK 10158 To Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold, New York Southold Town Hall P.O. BOX 1179 53095 Main Road Southold, New York 11971 _ - r i G ► tJ �o LJ�SS"S� - rtJ ._ �� : •.e{�,r;' '--y'',w • � tis F i 1.2� �s.•.►:�„ i•.r .r,�ip ` '� a' •r' - -'". ��F^��wi if r'S'"R- s\:w . . _.cr• ,�S,e✓y6Rr�; _ ,.� `L i .•N. M � y ♦ter .. - �.� — La >' S f i.�� � _ IMPS f-Aco'� So K ' 4) (0 Fes) M G N 02-c H m Va"Mm. NO - 02 41 (0 Fes) M G N 02-c H m __ fie.+•—_ t._ . t � I — -Aft ror.ow .w •a. d� w.l /i's .r V. GERARD P. GOEHRINGER, CHAIRMAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 180 SOUTH LANE P.O. BOX 5 EAST MARION, NY 11939-0005 - MARCH RE: APPLICATION NO. 4664 - ROBERT LUSTGARTEN (JOSEPH TAVANNO CONTRACT VENDEE) DEAR SIR: IN RESPECT TO THE ABOVE NAMED APPLICATION I REPRESENT THE FOLLOWING PARTIES: ROGER J. & LESLIE WALZ (LOT 5) 2505 OLD ORCHARD LANE, EAST MARION, NY EDWARD A. & VIRGINIA THORP (LOT 4) 80 SOUTH LANE, EAST MARION, NY FRANK S. & PAULA C. THORP, JR. (LOT 1 & 2) 180 SOUTH LANE, EAST MARION, NY GARDNERS BAY ESTATES COMPANY (ORIGINAL DEVELOPERS) P.O. BOX 5, EAST MARION, NY (LOT NUMBERS REFER TO "MAP OF GARDINERS BY ESTATES) FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON SEPT. 23, 1927 AS FILE NO. 275) WE ALL VERY STRONGLY OBJECT TO THE BUILDING PLANS OF THE ABOVE APPLICATION. THE APPLICANTS PROPERTY IS AN ODD SHAPED SMALL PARCEL CREATED BY THE GARDNERS BAY COMPANY FOR A SPECIFIC PURPOSE IN 1927. IT WAS SOLD(GIVEN) FOR A MINIMUM SUM TO A PARTY BY THE NAME OF MAXIM. AT THE TIME THE HAD A SON WHO BY TODAY'S STANDARDS WOULD BE CONSIDERED PHYSICALLY CHALLENGED. THE REV. A.F. JOHNSON, AN OWNER OF THE COMPANY, ALSO ARRANGED FOR A FORMER FISH SHACK TO BE FLOATED DOWN THE BAY AND PLACED ON POST TO PROVIDE A SUMMER RETREAT FOR THE BOY AND HIS FAMILY. IT WAS NEVER THE INTENTION OF THE COMPANY FOR IT TO BE MORE THAN JUST THAT. MOST OF THE DEEDS FROM THE COMPANY TO LOT OWNERS INCLUDE RESTRICTIVE COVENANTS IN REGARD TO FRONT, BACK AND SIDE LINE SETBACKS AS WELL AS ARCHITECTURAL REVIEW. THE POWER OF 'r"" THESE COVENANTS HAS BEEN DEEDED TO THE GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.. THESE RESTRICTIONS HAVE RESULTED IN AN ARCHITECTURAL CONTINUITY AND SITE PLACEMENT SO THAT ONE NEIGHBORS STRUCTURE DOES NOT RESTRICT THE VIEW OF ANOTHER AS THIS PROPOSED PLAN WOULD. THE ORIGINAL STRUCTURE CONTAINED A TOILET, WASH BASIN, AND KITCHEN SINK ATTACHED TO A SINGLE CESSPOOL. LATER AN OUTSIDE SHOWER WAS CONSTRUCTED THAT DRAINED INTO THE GROUND. THE PROPOSED PLANS CALL FOR TWO BATHROOMS AND A LARGE KITCHEN. WE DO NOT BELIEVE THAT THE PRESENT SEWAGE SYSTEM OF ONE CESSPOOL, LOCATED LESS THAN THE PRESENT LEGAL DISTANCE FROM THE WATER TO THE WEST OF THE PROPERTY, CAN POSSIBLY HANDLE SUCH AN INCREASE IN USE THUS, POSING A HEALTH HAZARD TO THE SURROUNDING AREA. WE ALSO OBJECT TO THE PROPOSED REMOVAL OF THE BEACH GRASS AND SAND DUNE IN THE WESTERLY BOUNDARY. THAT PARTICULAR SAND DUNE PROTECTS THE WASH OVER OF SAND INTO THE NEARBY CANAL DURING HURRICANES AND OTHER BAD STORMS. THE BEACH GRASS ALSO HELPS TO CATCH THE BLOWING FROM FURTHER ERODING THE AREA. THERE HAVE BEEN BASICALLY TWO ADDITIONS MADE TO THE ORIGINAL BUILDING. A TEN BY TEN FOOT ENCLOSURE TO THE NORTH SIDE AND A WOOD DECK TO THE SOUTH. WE DO NOT BELIEVE THAT EITHER OF THESE WERE DONE WITH THE PROPER PERMITS. THEREFORE, WE RESPECTFULLY REQUEST THAT YOU DENY APPLICATION NO. 4664. S Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Dear -Mr. Goehringer: PO Box 203 2555 Old Orchard Lane East Marion, NY 11939-0203 SUBJECT: Appl. No. 4664 ROBERT LUSTGARTEN (Joseph Tavano, Contract Vendee) With regard to the above matter, I respectfully submit the following objections: Firstly, a 27 -foot triangle of property (972 square feet) on the eastern boundary at the ordinary high water mark of 1980 is an easement, jointly owned by Lustgarten and myself, and cannot be included in the area property square footage, which it appears to be on the survey submitted: 'Taking this easement into account reduces the Lustgarten square footage, resulting in the: -proposed residence ''occiipying,approx: "'28%` of t ie total''lot'cover` age -=far iri excess' of the 20%o�codd limitation: �This'easement' is`tfie result of a court order dated January 31, 1°995y --a copy 'of which is attached for 'your`iriforinatiori. The survey accompanying this application is deficient in that it doesn't show the lagoon, which is le'ss°than, 100 feet from'the'West side property line, as well as the aforementioned easement . , The plans for this proposed .structure do not show the proposed elevation or whether there is to be a garage or cellar under the house. There are interior steps indicated, but no indication what or where they lead to Neither style nor type of construction is mentioned. This community has a definitely unique character with none of the waterfront dwellings jutting out in front of any other --thereby imposing upon its neighbors view --and a traditional "feel" in the architecture, unlike the"contemporary structures- one- sees on the south shore' With respect to neighbors' views being obstructed, the proposed dwelling would effectively cut •off my vieW of the community beach (for which I pay fees for its upkeep and maintenance) resulting -in my°friability to watch mygrandchildreA playing at the water's edge, This{is just'one of -the r'easoi s'l feel itwould=lie a �detrimeiit t ih6 health, safety and welfare 'of tlie`'cominunity. .. _ , , ; ... .. , . .. • , . . . Zoning Board of Appeals Appl. No. 4664 Page 2 of 2 This proposed dwelling would have a considerable negative impact on the environmental condition of the community as well; there are two bathrooms being proposed where one was previously --with the resulting overburdening of the single cesspool, which, by the way, has to be pumped or cleaned every year or so. Also, the natural sand dunes and beach grass would have to be destroyed, in direct violation of DEC guidelines. In addition, during storm tides a fair amount of Lustgarten's property, perhaps 30%, is overrun or covered by water, driven by wind and tide. During the 32+ years I have lived here, I have seen the dwelling in question used by various types of families --single persons, couples and couples with children. All of them were able to live comfortably in this beach house. When my house was purchased, it was mainly because of the view. Nothing has been done over the last 30 -odd years by any homeowner (renovation or new construction) that impinged in any way on the view of their neighbors. Although we have a Gardiner's Bay Estates Homeowners Association Real Estate Committee which oversees and approves exterior structural changes, residents in this community are ever mindful and considerate of their neighbors' ability to enjoy the pristine beauty of the Bay. One other thing --I am somewhat confused by this application being submitted by Robert Lustgarten since the Robert Lustgarten who lived next door died in April 1991 and the easement mentioned previously was signed by Josephine Kirby Lustgarten, Eric Lustgarten and Ellen Lustgarten. Very i Enc. Ralph a THIS INDENTURE, made the 24th day of August, 1995, between Ralph Martin, Jr. ("Martin"); and Josephine Kirby Lustgarten, Eric Lustgarten and Ellen Lustgarten (collectively the "Lustgartens"). W I T N E S S E T H: WHEREAS, Martin is the owner in fee of certain premises located in Suffolk County, New York, as more particularly described in a deed made to Martin, dated September 1, 1971, and recorded in Liber 6998, page 59; and WHEREAS, the Lustgartens are the owners in fee, as tenants in common, of certain premises also located in Suffolk County, New York, as more particularly described in a deed dated September 19, 1984 made to Robert Lustgarten and Josephine Kirby Lustgarten, as tenants in common, and recorded in Liber 9647, page 493. Said Robert Lustgarten died testate on April 2, 1991, a resident of Suffolk County, New York, and by will devised his undivided interest in the premises to Ellen and Eric Lustgarten, equally. The premises owned by the Lustgartens lie immediately to the south and west of the premises owned by Martin; and WHEREAS, a question has arisen as to the location of the boundary line between the premises owned by Martin and the Lustgartens identified and described above; and WHEREAS, Martin and the Lustgartens desire to fix and to definitely establish the boundary line between the parcel owned by Martin and the parcel owned by the Lustgartens, and to settle all outstanding litigation between them. NOW, THEREFORE, in consideration of the premises and the sum of $1.00 by each of the parties hereto to the other in hand paid, the receipt of which is hereby acknowledged, t the said parties hereto for themselves, their heirs, distributees, executors, administrators, successors 'and assigns, covenant and agree that the boundary line between the land in the ownership of Martin (the "Martin Property") and the land .in the ownership of the Lustgartens (the "Lustgartens Property") is hereby established as being described as follows: BEGINNING at a point on the easterly side of Old Orchard, Lane (.Private Road) said point being where the division line of Lots 6 and 7'on the,Map of Section #1 Gardiner'' s, Bay Estates intersects the said'easterly line of Old Orchard Lane; RUNNING THENCE South 31- degrees 01 minutes 30 seconds East along said divisi,on'line 164.60 feet to a point; THENCE South 49 degrees 26 minutes '30 seconds East still along said division line 72 feet more or less or that distance necessary to reach the ordinary high water mark of Gardiner's Bay. AND, Martin does, hereby remise, release, and quitclaim unto the Lustgartens, their heirs, distributees and assigns, all of his right, title and interest in and to any and all land lying to the south and west of.said boundary'lines and the Lustgartens do hereby remise, release and quitclaim unto Martin, his heirs, distributees, and assigns, all of their right, title and interest in and to any and all lands lying" to the north and'east of said,boundary line; and THE parties further agree that the description of the Martin Property shall' - -be as in Schedule A annexed hereto, and that the description of the Lustgartens Property shall be as in.Schedule B annexed hereto; and 2 J i THE above descript and boundary, line are drawn in accordance with a sketc map made by Krause Land Surveyors, dated September 8, 19 4,, a copy of which sketch map is annexed hereto..as Schedule C; and THE Lustgartens'he eby grant to and 'convey to Martin an easement for the right to use for recreational purposes, and those other uses customarily 'associated with the use of a beach, over the following described parcel: BEGINNING at point,where'the division line between Lots 6. and 7 on Map of Section One, Gardiners 'Bay Estates, filed. September' 23, 1927 as Map No. 255 intersects the high water mark, of Gardiners Bay, which point is distant 39.6 feet northeasterly along said high water mark from the southeasterly corner of .the community beach as shown on Map No. 255; RUNNING THENCE S. 49'4 26 30 E. 72 feet more or less to the 1980 ordinary high water mark.of Gardiners Bay; THENCE in a southwesterly direction along said 1990 ordinary high water mark a distance of 27 feet more or less to a point; THENCE N. 314 ' 01 30 W. 82 feet more or less to the point 'or place of the BEGINNING. In the event of accretion due to the continued recess on', of the, shoreline of Gardiners Bay, the,'.boundaries of the easement shall be extended at a 904 angle to the 1980 high water mark. IT Is mutually parties hereto, that tl and shall bind the Tenanted and agreed between the Agreement' shall run' with' the land respective heirs,. distributees, 3 executors, administrators, successors and assigns of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year f�ilrst above written. /1 Martin-2.Ind 4' foil r -S1 q JOSEP NE KIRBY LUSTGARTEN -110 d4 fl . L ERIC LU TGAR EN ELLEN LUSTGARTIM STATE OF NEW YORK ) ss: COUNTY OF.SUFFOLK On the. Oar day of �? , 1995, before me came RALPH MARTIN, JR. to•.me known to be the individual described in and who executed the forgoing instrument and acknowledged that he -executed the same. STATE OF NEW YORK ) s s : COUNTY OF SUF+GLK ) la�'Eary P M1 dN. PRICE, in Notary Public, State of New York No. 4644944, Suffolk County Term, Expires February 28,1 q-%6 On the 1,0 day of do�e� , 1995, before me came JOSEPHINE KIRBY LUSTGARTEN to known to be the individual described in and .who executed the forgoing instrument and acknowledged that she executed the same. fl-vt 1 J. cL 00" Public, State of Now Yb* STATE OF N_RK ) No. 6007236 I ) 6s: duafNied in Nassau C w_W COUNTY OF SUF`F&LK ) twunis>I<" Expires January 2% 1997 On the ,p day ' of ©G'� , 1995, before me came ERIC LUSTGARTEN to me known to be the individual described in .and who executed the forgoing instrument and acknowledged that he executed the same.- �a ary. .L EN My Commission #CC 178526 STATE OF NEW=44 RR ) . Expires: March 28,1996 ss. BondedThmNotary pubAcUnderwriters 'COUNTY OF On the 2 `f day oft., h�-Y , 1995, before me came ELLEN, LUSTGARTEN to me known.to be the individual described in and who executed the forgoing instrument and acknowledged that she executed the same'.. it , 1� No ary Public 'FiR. I i..Ury Publif liy ui r°Ht'r:,uitlWica,, Fh+lc. CuunP/ M �fI1PC11�:tL'11 �;rc,A,� a�rt:ril, 11, i9�`3 SCHEDULE "A" ALL' -that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being 'at East Marion, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the high water mark of Gardiner's Bay distant 50 feet in a southwesterly direction from the southwest corner of Lot No. 4 as shown on a map known as "Map of Section Two, Gardiner's Bay Estates, situate at East Marion, L.I. ", which map was filed -in the Suffolk County Clerk's Office, September 23, 1927 under No. 275; RUNNING THENCE in a northerly direction and parallel with the westerly line of said lot No. 4, 194.2 feet to a certain private right of way; RUNNING.THENCE along said right of way in'a westerly direction a distance of 47.44 feet to ,Old Orchard Lane; RUNNING THENCE in a southerly direction and parallel with the first course, 210 feet to the high water mark of Gardiner's Bay; RUNNING THENCE in an easterly direction along the high water mark of Gardinc-'s Bay a distance of 50, feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a portion of Lot No. 6 as shown on a certain map entitled, "Map of Section Two, Gardiner's Bay Estates situate at East Marion, L.l." which said map was filed in the Suffolk County Clerk's Office, September 23, 1927, under No. 275. BEING AND INTENDED T6 BE the same premises conveyed to Ralph Martin, Jr. by deed dated September 1, 1971 recorded in the Office of the Clerk of the County of Suffolk on September. 2, 1971 ' n Liber 6998 at page 59. � f SCHEDULE "A" ALL' -that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being 'at East Marion, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the high water mark of Gardiner's Bay distant 50 feet in a southwesterly direction from the southwest corner of Lot No. 4 as shown on a map known as "Map of Section Two, Gardiner's Bay Estates, situate at East Marion, L.I. ", which map was filed -in the Suffolk County Clerk's Office, September 23, 1927 under No. 275; RUNNING THENCE in a northerly direction and parallel with the westerly line of said lot No. 4, 194.2 feet to a certain private right of way; RUNNING.THENCE along said right of way in'a westerly direction a distance of 47.44 feet to ,Old Orchard Lane; RUNNING THENCE in a southerly direction and parallel with the first course, 210 feet to the high water mark of Gardiner's Bay; RUNNING THENCE in an easterly direction along the high water mark of Gardinc-'s Bay a distance of 50, feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a portion of Lot No. 6 as shown on a certain map entitled, "Map of Section Two, Gardiner's Bay Estates situate at East Marion, L.l." which said map was filed in the Suffolk County Clerk's Office, September 23, 1927, under No. 275. BEING AND INTENDED T6 BE the same premises conveyed to Ralph Martin, Jr. by deed dated September 1, 1971 recorded in the Office of the Clerk of the County of Suffolk on September. 2, 1971 ' n Liber 6998 at page 59. l - � SCHEDULE "B" ALL that certain plot, piece or parcel of land, with the buildings and improv:ments thereon 'erected, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, known as and by Lot #7 on a certain map entitled, "Map of Section #1 Gardiner's Bay Estates, situated at East Marion, Long Island," which map was filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 as Map Number 255 said lot being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Old Orchard Lane (Private Road) said point being where the division line of Lots 6 and 7 on the above mentioned map intersects the said easterly side of Old Orchard Lane; RUNNING THENCE South 31 degrees 01 minutes 30 seconds East along said division line 164.60 feet to a point; THENCE South 49 degrees 26 minutes 30 seconds East still along said division line 72 feet more or less to Gardiner's Bay (being the ordinary high water mark of 1980); THENCE Southwesterly along Gardiner's Bay 41 feet more or less to, a point being land now or formerly of Gardiner's Bay Co. Inc. Beach; said point being the following 2 courses and distances from the point or place of beginning; (1) South 14 degrees 47 minutes 40 seconds East 161.12 feet; (2) South 49 degrees 26 minutes 30 seconds East 103.00 feet more or less; RUNNING THENCE North 49 degrees 26 minutes 30 seconds West along the last mentioned lane 103 feet more or less to a point set on the easterly side of Old Orchard Lane (Private Road); THENCE North 14 degrees 47 minutes 40 seconds West along the easterly side of Old Orchard Lane (Private Road) 161.12 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to Robert Lustgarten, deceased, and Josephine Kirby Lustgarten, as tenants in common, by deed dated September 19, 1994 recorded in the Office of the Clerk of the County of Suffolk on September 26, 1984 in Liber 9647 at page 493. SlIET_ MAP of /6;?0 ,PTy S�TUATEL AT EAST lWq�P/oV, TO�i i/ of SOVTh'o� D S[�i�fOL K COUNTY if/EK/ LOT 7� .9,loeK 6, SEC. 37 D/ST. /oa0 S. CO Thk' �JgPS, SWSED o1/ MAS of SECT. ONE �htPD�NE2 S BAy ESTr9TES ,4A,V a5ZOS fv?N/SyEO AND � SU�Q ✓EyS B y ,pcDEP/l'K �/qit/ TUyL /. S AS USE D /N EV10E5/OE /N SUP,PE.YIE o oa/,PT OF THE ST,gTE oF.t/r'rvya,P,t� CO/ -//V, -Y of-56/fi'OLfK /NOEx N°9/-6032 c0/vP/Z EO P�PEip.SGPEO 8y /RAUSE Z.441,0 SU4Yt�'o�PS nQ 78:9o -/ co u�vr.Py ,PoAD `C" �P WESTBW1, I .Q. ('S16 -533- 0868)n� sEPr. 8, /994 0 No FiEL O WORK Don/E By T/•1is oFFiC'E. 30, k,dP map L, f ;*7 Map KRAUSE LAND SURVEYORS 189 Old Country Rd. PO. 11l1. 11" -J�II LUL, I—L � 05 ,s9�opCof �h�a�y 6 ��a a� 5 Lha ,o Oni✓, a2�' Sec ceP ;I -led :W 0 .I I 3 'I I i SlIET_ MAP of /6;?0 ,PTy S�TUATEL AT EAST lWq�P/oV, TO�i i/ of SOVTh'o� D S[�i�fOL K COUNTY if/EK/ LOT 7� .9,loeK 6, SEC. 37 D/ST. /oa0 S. CO Thk' �JgPS, SWSED o1/ MAS of SECT. ONE �htPD�NE2 S BAy ESTr9TES ,4A,V a5ZOS fv?N/SyEO AND � SU�Q ✓EyS B y ,pcDEP/l'K �/qit/ TUyL /. S AS USE D /N EV10E5/OE /N SUP,PE.YIE o oa/,PT OF THE ST,gTE oF.t/r'rvya,P,t� CO/ -//V, -Y of-56/fi'OLfK /NOEx N°9/-6032 c0/vP/Z EO P�PEip.SGPEO 8y /RAUSE Z.441,0 SU4Yt�'o�PS nQ 78:9o -/ co u�vr.Py ,PoAD `C" �P WESTBW1, I .Q. ('S16 -533- 0868)n� sEPr. 8, /994 0 No FiEL O WORK Don/E By T/•1is oFFiC'E. 30, k,dP map L, f ;*7 Map KRAUSE LAND SURVEYORS 189 Old Country Rd. PO. 11l1. 11" -J�II LUL, I—L � 05 ,s9�opCof �h�a�y 6 ��a a� 5 Lha ,o Oni✓, a2�' Sec ceP ;I -led :W 0 Rp�rlE R5 G� 3 P10. '� d no^� or y Or L�o,me�ly Gnr�l�r�gany 1+ 960/r✓r 330 1+ -o �I m O O a IS.• kao r�Ir 'Ll0 �tAo k Fer 1 �f BA Rp�rlE R5 G� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 1 OiF BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 ti / It f-9 1, 7j�M-!�E� MED FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: 1 g, 1991 - Attached is an ) (copy) of a we-c� ew information added to the original To ZBA f e) re: Pending Application of Other Comment � � ) # of Pages Attached: ) Placed in Members' office mail boxes for update on 3 11919 Y by -------------------- Board.Trans 30XCS s TMW 9 MUST is 77Ko ow rivaiTco 114 JILACI'C L_AGx��7 fa ~ rSUOR TO RECORDING Oft^►tLlvC,' 1 giT"MX C�PUM CLERK' _ 3 UM K52'T .: . �:.trRet S .' .', -3 rii Z: 5? Send • ' r. _ l= FE , _::iTY eertilinec. Deed / No tpp r...... st D -d ! Me"Pye Tax Sun' 3G `. ORS... ... _ .. NEW YORr, N.T, /o1i------------- --- s tT Weir c r�i w� FSg ~� Ruorw" ! /dioy Slaa�pl 1 H lapeI F"g TbLf PW f"M Psrt of the illacbed 04.1 b IP" I L1 /uf; Rda*,yr . -rmide c' -,v..: ' >' ' (Deed, htOrtpge, etc.)- AerWFN FeeXsn '.r AM • �Yae�y 1111heTOWvOr S -erN DL p 1. !tart Tu ..l� a lift'V7LLAGE Tt'� � — L SONYMA t Vetatiee �� Sub TOW s ' • Yr= [A•5211(Cwrt7) Sub T0W •". y .ri. ste TOT. MTC. TAX :r• t�. Cw.a ��;� ! C Dual Tewr Deal Ceaq llrw .:lid. S e N� for Appw & wl 't ArTidavu .y 1'raoticr Tal --- f •. '�,`: ccn,ried Cwy nasi mA.L%jw Ta Ile � twe/eAy ave�MtpLe ;=a c:h c Rcp cup),S..Y , n er witl 1e lynre� jy a eaK et trn �: i •.: — TOW fa.oily iuerie� ady. :...... .S.-i�.• i}r GRA.YOTOTAL= � H If O. NX !/pMriale 1aa damn r+ fi 1 S Red Pnv" Tu Service Agerey Verakatier Peer aISl.luitrrneor s 6 T1WCe�M4Lyae::ife. ' ODO pt �,ae 3i.cV p(,:i0 U0 •001 1et T.,T.r g k�+Mrtta.eo`.::, ���! Awl of 4,veAlCAJ L(-.] .c, IL`it� 637t.'u Q b .. 00e). Oa 1 _ .,.y, .-f. flaaw :. :.• I yP4 77V( acs eAlo ow • - t, Nhr ; t. 3G `. ORS... ... _ .. NEW YORr, N.T, /o1i------------- --- s tT Weir c r�i w� FSg ~� . 7 RECORD i R!' FiN TOlagnREM .: ' Suffolk County Recording & Endorsement Pa • •e.: TbLf PW f"M Psrt of the illacbed 04.1 b IP" I L1 /uf; Rda*,yr . -rmide c' -,v..: ' >' ' (Deed, htOrtpge, etc.)- AerWFN �. A'R r /.j a'a The Pawitea herein is Situated is SUFFOLK COE -ITl', "FW YORK. 1111heTOWvOr S -erN DL p ' ..l� a lift'V7LLAGE or !HAMLETof c R i r ./ AR t a w /DOC ScG,• 3! i3�. c Ls Ts rr et- 7 ' TKIs Z1oRa?nZ made the 24th day of, August, 1995, between Ralph Martin, Jr. ("Martin"); and Josephine Kirby 0 Z tk►,.+Sr--, (. nn.4,1 P Lustgarten, aric Lustgarten and Rllen Lustgarten (collectively the "Lustgastens") a. W I S N R a a a 2 He Wzmu hB, Martin is the owner in fee Of certain premises located in Suffolk County, New York, as more particularly described in a deed made to Martin, dated September 1, 1971, and recorded in Liber 6998,•page 59; and 7n$Ra1is; the Lustgartans are the owners in fee, as tenants in common, of certain. premises also located in Suffolk County, New York, as more particularly described in a deed dated September 19, 1984 made to Robert 0 Lustgarten and Josephine Kirby Lustgarten, as tenants in common, and recorded in Liber -9647, page 493. Said Robert Lustgarten died testate on Apri1.2, 1991, a resident of Suffolk County, New York, and by will devised his undivided interest in the premises to Ellen and Eric Iustgartin, equally,, The premises uwned by the Lustgartens lie immediately to the' south and vest of the.promises owned by Martini and 1!aaRRae, a question bar arisen as to' the location of the boundary -line between the premises owned by- Martin and ' the Lustgarten ida"tified and'descl•ibed above; and ` WMZ=Os, Martin and the Lastgartins ' dasiri to !ix and . to definitely establiab the boundary line between "a l'! - parcel owned by Martin and the parcel owned by the Lustgarten, and to settle all outstanding litigation -between them. RW, TXZZWoRZ, in consideration of the premises and the sun of $1.00 by each of the�.,' parties here to the other �in ;sand paid, the'receipt of which .is heriby:,acknowledged, Y.•i •'1: •!. t.R+.\ TM' -1 •.,�fIW'•i'Y �:.f '•i•r•.'' ••� `.}, j,+',y t�' ••,-' - •.. ,..... .• �. P "IN MEL I the said parties hereto for th___lv.., their heirs, distributees sx0clutorx, adainistrator,, successors and &56'gnz- covenant and agree that the b . oundary line between the land in the Ownershi 1,d the P or Martin (the Martin Property-) land In the ownership orthe L418 . tgartans (the "Lustgartens Property") I., hereby established as • described as follows: being BEGINNING at a Pain . t on . 'th side or Old Orcaard L 0 easterly :aid'POInt being where where the(Prvate Road' r Lots 6 and 7 a diviiGion ljn� n the Map Of Section 01 Gardiner l15 Bay Estates said easterlyintersects the lana at Old Orchard Lane: RUNNING THENCE South* ainutes 30 se 31 degree, 01 seconds - East along division line I East to 64 .60 said a point: 'THENCE South 49 degr-03 degrees 26 mutes 30 seconds East still line 72 along said division feet more distance or Ce necessary t lost -or that high water o reach ths'Ordinary nark Of G ardLn*rfs Bay. AND, Martin .ddes..hereby remise, release, and quitclaim unto the Lustgarten I s. their heirs, dIcstrib Ut6fi.: all and assigns, Of his ri ht, title and Inter'e-st...:in ' and to Any and all land lying to the south and west of the said boundary lines and L-Istgartens do hereby remiss, release Marti and quitclaim n. his heirs."t"' Unto ".jAstributeez right, and assigns, all Of their title and Interest In and to any and all land, lyin to the north -and 9 east Of said boundary line. and Tax Parties further agree th4 Martin d tic A Of the Property shall be .Sc as In tmduli- 'A axed . hereto, and that the description of the Lustgartans Property shall be as in Schedule 8 annexed hereto; and 2 Q THE above descriptions and boundary line are drawn in accordance with a sketch map made by Krause Land Surveyors, dated September 8, 1994, a copy of which sketch map is annexed hereto as Schedule C; and TSE Lustgarten hereby grant to and convey to Martin an easement for the right to use for recreational purposes, and - those other uses customarily associated with the use of a beach, over the following described parcel: BEGINNING at a point where the division line between Lots 6 and 7 on Map of Section One, Gardiners Bay Estates, filed September 27, 1927 as Map No. 255 intersects the high water mark of .ardiners Say, -which point is distant J9.6 feet northeasterly along said high water mark from the southeasterly corner of the community beach as shown on Map No. 255; RUNNING',THENCE S. 490 26 30 L. 72 feet more or 'lass to the 1980 ordinary high water mark of Gardiners Bay: IitENCE. in a southwesterly direction along said 1980 ordinary high water mark a distance of 27 feet more or less to a point; '!'HENCE -.N: ° 71• 02 70 W. 82 feet more or less 'to the point or place of the . BEGINNING. In the event of accretion due to the : continued recession of the shoreline of Gardiners Bay, the boundaries of the easement shall be extended -at a 90• Angle,tc the 1980 high water mark. IT. in mutually covenanted and agreed between the parties hereto, that than Agreement shall run with the land and shall bind the respective heirs, distributees, N SCiEDCLE •A• POLT ALL that certain plot, piece or pwA of Land, with the buildings and improsemen:s thereon erected, sirwte, lying and being at East Moron. Town of Southold. County of Suffolk. State of New York, bounded and described as follows: BEGINNING at a point on dig high water mark of Gardiner's Bay distant 30 feet in a southwestedy direction from the southwest • comer of Lot No. 4 as shown on a map known .rs 'Map of Section Two, Gardiner's Bay Elutes, situate at Fast Marion, L.l.1. which map wLt filed in the Suffolk County Clerk's Office, September 23. 1927 under No. M; RUNNING THENCE in a nortberly direction and p"lel with the westerly line of said ..-: No. 4, 194.2 feet to a certain private right of way.' RUNNING THENCE along said right of way in a westerly direction a distance of 47.44 feet to Oid Orchard Lane; RUNNING THENCE in a southerly direction and parallel with, the first course, '.10 feet to tfe high *rater mark of Gardiner's Bay; RUNNING THENCE in an easterly direction along the high %ate, mark of Gardtnt •'s Bay a distance of S0 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE'a portion of Lot No. 6 as shown on a ce.•utn map entitled. 'Map of Section Two, Gardiner's Bay Esutes.sittute at East Marion, L.I. %hick sud map was fded -in the Suffbik County Clerk's Office, September 23, 1927. under No. 275. BEING AND INTENDED TO BE the same premises conveyed to Ralph Manan, Jr. by deed dated September 1, 1971 rrroorded in the Office of the Clerk of County the of Suffolk on September -1.1971 in Liber 6998 at.page 59. r4i • _ POS ALL that certain pb', pion or puul of .land, with Uu bwldirgs and improv.ments thereon erected, sitt . lying and being at East Maith in the Town of Sou hold, County of Suffolk and Sate of New Yak, known as and by Loc n on a certain map whichentide, 'Map of Section 11 Gardiaer's Day Estaks, situated u East Marion, Long Island.• which map was filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 as Afap Number 253 said la being more puticutuly bounded describes as follows: G at a int on the said pot.►c being where the division Q of Lot 6 and 7 o ofOld labove mentilard orned map mttRu is the said easterly side of Old Orchard Lane; RUNNING THENCE South 31 degrees 01 minutes 30 seconds East division line 164.60 feet to a point; along said THENCE South 49 degrees 26 minutes 30 seconds East still along said division line 72 feet more or ku to Gardiner's Day (being the ordinary high water mark of 1980); : r THENCE Southwesterly along Gardiner's Day 41 feet more being land now or formerly of Gardiner's Day Co. Inc. Bracor less to a paint h; said point being the following 2 courses and distances from the point or place of beginning; (1) South 14 degrees 47 minutes 40 seconds East 161.12 feet; (2) South 49 degrees 26 minutes 30 seconds East 103.00 fact more or less; NCE North 49 last mentioned lane 03tfeetF more or kts to a pogint set Ute easrees 26 minutes terlysideOld alo Orng the chard 13ne (private Road); THENCE Noah 14 degrees 47 minutes 40 seconds West along the easterly side of Old Orchard Lane (Private Road) 161.12 feet to the point or place of BEGINNING. Lustgarten. deceased. BEING ANINTENDED TO DE the same premises as conveyed to Robert . Josephine Kirby Lustgarten, as tenants In common. by deed dated September 19. 1984 recorded In the Office of :he Clerk of the County of Suffolk on September . 26, 1984 in Liber 9647 u page 493. �' Cek �:..:• • ' •E`TC'H MWS oFP,?oo-nE+r r.s•7L4TE� 1 f4ST M.QPiC.�/ Ttp,,V cF SCvliCc Ay �`fozra wremev C wN ! OWN LOT 7 BCOC,r C. ..e, n `"" 3? i000 . S R? TRYMAPS, .,•OSrp C,✓ M,SP aF 30 `��i BSyEST�4E, t ' A'v-r -W460S FJ,f•✓/SHE. ANO W =uR lt7 /E/S �''/ .CtiG-�.?/('K ✓SON i U/: ": � :, 1 N G-IVCME Q ; I c�4'T cf 7-,4CE .4.74E cf,✓Ewye~pr v C:t: y % Cf=GffG(f; . YCfw .�/P y/• to 60.2 ' K 4qus_ eAmo SvQYEyC PS ' 789 oc9 • ISEPT. 8, /99d �� `� to � `" .. No fao ac.,r=�.: JYTNitCr�ifE Ta` �' ✓jo OSE . t]af 30 `��i .,' •F� O t .i lI w ' hfaa cawm e h ; j; .i lI w ' a t � M a� .• taY tuuu LAW �jjlyy{g' • FFpppjj! ''``':�1i� .•.j�'.. .y �./ .1;•x',31.` 2w:� : a'.v' yy�� •'• Y'...1 �Y � h:..' !�� .s•.�• �yj+�.•?•..' +aA�70�J�rii..' IV'.!•.. :�'iiS.1N•,!, lV!'y: y.• .:.K !'r�•�x'j.:•1v:.ay• : C .�'µ• �, .. ... 'i lt'i 7 i; ��.`._ 1: �• � .^'f WARREN A. SAMBACH' SR. CONSULTING ENGINEERS • P4ANNERS 0- Pow 7675 COX LANE • RQ, BOX 1033 CUTCHOGVE, NY 11935 (516)'734-7492 March 18 1999 G0CUJH�f MAR 181999 it l Zoning Board of Appeals Town of Southold Town Hall P.O. Eox 1179 53095 Main Road Southold NX 11971 Re: Appl. No. 4664 - Robert Lustgarten (Joseph Tavann.o, contract Vendee) Mr. Ooehringor, Chairman: I respectfully request a postponement of the above application for additional information requested by the Board. Sincerely, Warren A. Sambach Sr. P.E. wages cc: Joseph Tavanno Robert.Lustgarten Be-emid dx�w-�l / c1r, I i A IF I Yi , L /6 -) L-9Q�[,R C MAR 19 mg APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning A Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Would you please provide us with your Legal Opinion regarding the attached Indenture at Liber 11768 page 527 (particularly the right of ownership, etc.) signed between the Martins (Subd. Lot 6) and the Lustgardens (Subd. Lot 7). Also attached are the County Tax Map and recent survey furnished by the applicant. The hearing on this matter is Thursday, March 25, 1999 and the two neighbors have different opinions as to who owns the land where the easement lies, although they both agree that the easement exists. Thank you. cc: ZBA Members Attachments Page 1 of 1 BOARD OF APPEALS TOWN OF SOUTHOLD TO: Greg Yakaboski, Town Attorney FROM: Jerry Goehringer, ZBA Chairman DATE: March 19, 1999 - SUBJ: Legal Opinion (Agreement between Martin & Lustgarden) Would you please provide us with your Legal Opinion regarding the attached Indenture at Liber 11768 page 527 (particularly the right of ownership, etc.) signed between the Martins (Subd. Lot 6) and the Lustgardens (Subd. Lot 7). Also attached are the County Tax Map and recent survey furnished by the applicant. The hearing on this matter is Thursday, March 25, 1999 and the two neighbors have different opinions as to who owns the land where the easement lies, although they both agree that the easement exists. Thank you. cc: ZBA Members Attachments Page 1 of 1 FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: ca. i l i 1999- F, 2 =,25 1,9 _ Attached is an ) (copy) of a � ew information added to the original Tovqi ZBA file) re: Pending Application of Other Comments��-v-v�� # of Pages Attached: 7 ) Placed in Members' office mail boxes for update on 3 11919 � by -------------------- Board. Trans sox= S TMltu s srluss it TYrtio oR l iu3isco IN ituffMIAL COUNN ;LJ3M' rk1t)k IrO RECOkOING OR 85 3 ITV 1177 117M -3 Fli 2: 52 .'_",NTY Cdo t— Deer / feartiutat I De" I 'Me"pvc gal Slaty ----------- — Mcconlide / riling sump 4 1 . ... Paw I rdwg Fft M*n92p AML BUK Tax LSONYMA ti 146tad" Sob Total EA-3zj 7 (Coq) Sob TOW I SpmjAdd. 1EA-5jJ7(Sj"Cj TOT. MrM TAX 15.22 Dual Town _L_o%a Ca"My ll�w for Im AiTidsvil firamifer T" ccri.ried C' p7 T" Thc P"petty "'Crii by title amwip Reg Curl n -W wig be intp.W Sub TOW :>/o me w twv gqj, family dweviegdy. by a Otter or GRAND TOTAL If NO. Real r -Pert? Tax Smite Appy vefficatim 6 leitrrwe�6 S` Is IN$ cm4w walwid" 06 'Ib - - j o' Av 4,feAje_jSj t:.. 0(r. 00 .001 ', L j . '. , : - j.-*�� 1J. -If. $Doll. — .. 5-1 -7 6`0 Wel,#),Cr&w, Lf -.1 (Mb 6%3 1 , " � I ", I P! 001). 001 Cm 1 "104 q 37Y( f9 PAID 3 4:31ack '�—Cbaqw r AJMn v ir. W67 a/ r r RECORD & RETURN TO (A nDRp*4M Suffolk *Co* unty Recording & Endorsement P 6 . e 99 rMide h -k IrFl� 4FM Psrt of the altacbed qA�Lrjt A4 &it r,.2 -rp The preasis" herein is Situated in N SUFFOLK Cot 'Nn*- NFW YORK. TIP 14 the TOW 10a C'sTOWNat S- L,,, r if v i, C.2 Iss the VILLAGE or H&%fLET or. CA Ar j,4 R i P A; 3 1j3& - . L 7 TzXB XMZWMU, made the '24th day aft August, 1995, between 'Ralph Kartin, jr. ("Martinn); and Josephine Kirby ru; A C # k. -d -u—, (• Ike,....,.., 6 y Lustgarten, Eric Lustgarten and Ellen Lustgarten —(collectively the "Lustgartans"). 'Ll. WXRRZU, Martin is the owner in fee Of certain premises located in Suffolk county, New York, as more particularly described in a deed made to Martin*, dated September 1, 1971, . and recorded in Libor 6998,.page 59; and W31MRAS, the Lustgarten are the owners in fee, as tenants in common, Of certain promises' also located in Suffolk County, ' New York, as more . particularly described In a deed dated September 19, 1984 made to Robert Lustgarten and Josephine Kirby Lustgarten, as tenants in common, and recorded in Liber .9647, Page 493. Said Robert Lustgarten died testate on 1991, a resident Of Suffolk County, New : York, and by W.11.1 devised his undivided interest rest in the premises to Ellen and Eric Lustgarten, equally." The promises uwned by the Lustgartens lie'- immediately to the'." south and vast Of the Promises owned by Martin; and WNIRZU, a question har arisen as to the location of the boundary line between'the premises owned by Martin and the Lustqartens ida-Atified and described above'; and WMZRZKS,' Nartin''and tho*LustgaXina* "desira" to fix' 'and to definitely:.... . establish the boundary line between the parcel owned by Martin and the parcel owned by the Lustgarten, and to settle all outstanding litig' ation-between them. WWI TZZRZFORX, in consideration of the pr"isas and the SIUM Of $1.00 by each Of theparties here to to the other in hand paid,'. the'receipt of whic'h' is bereby.,acknowledge H 9 the said Pirtles hereto for distributeeexec s elves, their heirs, utors, administrators assigns, covenant a^d agree that the bou, Successors and ndary linbetween the land in the Ownership of and the land iMartin (the 'Martin Property-) n the ownership of the Lustgartans 'Lustgartens Property-) is (the hereby established as being described as follows; BEGI side of at a point ori the easterly side of Old Orchard Lana (private Road' :aid point beingwherethe division lin' of Lots 6 and 7 the lap of BeMion /1 said ieasterlyall Estates intersects • Old Orchard Iar;e: RUNNING T}I.NCE south 71 'seg= .� Ol minutes line 16a 30 nds East along said division 60 feet to a point; THENCE South 49 degrees seconds East still 26 minutes 30 said division distanceal' line 72 foot sore or les ,necessary to reach the ordis ,'or that high water mark of Cardinerts Bay. ry AND, Martin •does .hereb Y remise, release. and quitclaim , all unto the Lustgartens•' their heirs, distr•ibuta&. and of Ais right,, title and assigns, interest •.in, and .to all land lying to the south and w " ' est of any and said boundary lines and the Lustgartens do hereby remise, release and Martin, his heiquitclaim unto rs.'t-dYstributees' and assigr_. all right, title and interest in of their and to an to the north -and east of said boY andaillands lying unds zsL rY line: and Parties further agree that 'the descrlptic,t of the ,4y~ Martin Property shall. be.': as to Schedule and A annexed heretthat the description of tile o,e Lustgartens Property shall be as in Schedule 8 annexed hereto; and THE above descriptions and boundary line are drawn in accordance with a sketch map made by Krause Land Surveyors, dated September 8, 1994, a copy of which sketch map is annexed hereto as Schedule C; and THE Lustgartens hereby grant to and convey to Martin an easement for the right to use for recreational purposes, and - those other uses customarily associated with the use of a beach, ovir the following described parcel: BEGINNING at a point where the division line between Lots 6 and 7 On Map of Section One, Gardiners Bay Estates, filed September 23, 1927 as Nap No. 255 intersects thi high water mark of :ardiners Say, -which point is distant J9.6 feet northeasterly along said high water mark from the southeasterly corner of the community beach as shown on Map No. 255; RUNNING „'THENCE S. 49- 26 30 L. 72 feet more or: Oss to the 1980 ordinary high water.^ia;k`:,of Gardiners Bay; 4iiENCE;:'in a southwesterly' direction along said 1980 ordinary high water mark a distance of 27 feet more or less to a point; THENCE .N::' 71' of 7n W. 82 feet more or less 'to the point or place of the BEGINNING. in the event of accretion due to -the .. continued recession of the shoreline of Gardiners Bay, the boundaries of the easenent shall be extended at a 90• angle.tc the 1960 high water mark. IS, Ia mutually covenanted and agreed between the partes hereto, that this Agreement shall run with the land and shall bind the respective heirs, distributees, 1 S F;'„frf� l� ,� � f �.: z. ,. � l: � C � � , } -, ' i r:: � � .•. 1 t � r `^ � ? �• bS'�J 'S' Ci, t executors, administrators, successors 'and assigns of each of the parties hereto. IN WITNESS WSEREGY, the parties hereto have hereunto a yb: t set their hands and seals the deg and year fir t above �l written. JR. JOSE ME—MI-13Y L—U—SjajWZt s t • ^r • � U 5 - "�;;:� ,+;IFPS -:•.irLr SSJAZDLI.E •A• ALL that veru;n plot, piece or parcel of land, with the buildings and tmpro.emcn:s thereon erected, situate, lying and being at East Manan, Town of Southold. County of Suffolk. State of New York, bounded and described as follows: BEGINNING at a point on the high water muk of Gardiner's Bay distant 30 feet in a southwesterly direction from the southweu corner of Lot No. 4 as shown on a map known .0 •Illap of Section Two, Gardiner's Ray Flutes, situate at East Marion, L.I.', which map wcs filed in the Suffolk County Clerk's Office, September 23, 1927 under No. 275; RUNNING THENCE in a northerly direction and paiallel with the westerly line of said ,,-; No. 4, 194.2 foes to a certain private right of way; RUNNING THENCE along said of 47.44 feet to Old Orchard We; right of way ina weiterly direction a distance RUNNING THENCE in a southerly direction and parallel with the fust course. :10 feet to ve high -Nater mark of Gsrdiner's Bay; RUNNING THENCE in att easterly direction along the high %ate, mark of Gardtnc •'s Bay a distance of 50 feet to the point or Platt of BEGINNING. BEING AND INTENDED TO BE'a portion of Lot No. 6 as shown on a cermn map entitled. •Map of Section Two. Gardiner's1 Hay Euates,situate at East Marion, L. No. 275. .' which sod map was filedin the Suflblk County Clerk's Office, September 23, 1927, under BEING AND INTENDED TO BE the same premises conveyed to Ralph Manan, Jr. by deed dated September 1, 1971 recorded in the Office of the Clerk of the County of Suffolk on September. 2, 1971 in Liber 6998 at page 59. -T ALL thatn with the buildings and improv.menu thereon at=.* situue, lying And being at East Southold- County Of Suffolk and Stage of New yo,.L. Marion, in Ili: Toon of *M3P known entitled. as and by Lot 87 on a certain map of Section 11 Gardiner -1 Bay Estates, situated at East Marion, which ':tap Long was riled in the office Of the Clark of the Island.* 1927 u, County of Suffolk on Septc ber 23 '6[aP Millibar 255 said lot being mote m p&rdc U • LUIY bounded and described as lolla 'S: BEGINNING at a Point on the easterly side said P01,19 being where the division line of Logs 6 of Old Orchard Lane (Pnva:c Road) and 7 on the above mentioned map intersects the said easterly side Of Old Orchard Lane; RUNNING THENCE South 31 degrees 01 minutes division line 164-60 feet to a point; 30 seconds East along set d THENCE South 49 degrees 26 minutes line 7 -1 Seconds East still along said division feet more Of less to Gardiner's Bay (being the ordinary rdinary high water mark of 1990); THENCE Southwester) along Gardirwj,s Bay 41 feet being land now Of formerly of Gardiner's more or less to a point Bay CO. Inc. Brach; r.;;,: it.14 2 cOufs:s and distances said point being the followin, from the point or place of beginning; 9. (1) South 14 degrees 47 minutes 40 seconds Eau 161.12 fact; (2) South 49 de roes 26 minutes 30 9 seconds East 103.00 fact more or less; 44 RUNNING THENCE North 49 degrees 26 minutes 36 seconds West along fast mcnuoned lane 103 feet m g the ore of less 10 I -ane (Private Road); a Point set on the easterly side of 01d Oichard THENCE Nor.h 14 degrees 47 minutes 40 Seconds West along the easterly side Of Old Orchard Lane (Private Road) 161.12 feet 10 thepoint or place Of BEGINNING. Lust BEING AND UNTENDED TO BE the 3 . ame premises as con veyed to Robert gartcn, deceased, and Josephine Kirby Lustgarten. • as tenantsin Common, by deed dated 26. 1984 in 11 r 9647 at page 493. y Liber September 19. 1984 recorded in the office Of the Clark of the count Of Suffolk an September 0, A lot Tc '46-72 P-2 it ow. Mm fit - s/sJ Auv-oo C.'a 6S2 all /Ig /V/ tn dSdGV 7 /Vo 'rev "-Jr -40, F, . Ul -,� VV A k,EN, ifi "R 1 -ii SR. March � 8, d B i i 7 9 1 'j MAR 1 1999 )qI . bv t U �2 -Y c C !•: t. t<: w 4•{ i="t i'i 4: °r"i . •. 5 L F_. i e 4 i 4 a 2 G UAtS JL 1'00 DL AD..v Cr: �-�:•�:r:.:r:,s�..�= ::ami =,.�� '��,�. CIUTCAGI 11935 ZONIMG BOARD TOWN OF SOUTHOLD I'ROM DATE X? 1999 4 _ PK NUMBER or� ACE -.9 �' r.,•� jjr,tk � r+• r�p� Ser -q,. TWO ) to C : �: t 4j11t 4� v \r 30, AREA = 7,316 sq. it TO TIE LINE LOT COVERAGE EXISTING = 12% PROPOSED = 21 PROPOSED FINISHED FLOOR = el. 9+ LOT NUMBERS REFER TO "MAP OF GARDINER' S BAY ESTATES" FILED IN THE SUFFOLK COUNTY CLERIC'S OFFICE ON SEPT. 2 ,127 AS FILE NO. 275. j [� (� FEB ® 41999 FLOOD ZONE LINES FROM FIRM ' I u MAP NO. 36103CO177 G MAY 47199 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. i It TOWN OF SOUTHOLD SUFFOLK COUNTY , N. Y. 1000-37-06-7.1 SCALE: 1" = 20'-. JANUARY 4, 1999 JAN. ll, 1999 f prop. residence J LOT 6 �' 1 sp A�A� 2�LOT 7 X3 U E Eby 6' f /ate- A� *�-,N. Y. S.LIC. NO. 49618 Y0 RS, P. C. 5020 fR STREET [9�?-389 N.Y. 11971 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 8 1999 RE: Zoning Appeal No. 4664 - Robert Lustgarten. I Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 j Transmitted herewith is Zoning Board Of Appeals Application 4664 - Robert Lustgarten. Also included is Notice Of Disapproval with Building Permit Application attatched, , Copy of Survey, Copy of Plans, Z.B.A. Questionnaire and Applicant Transactional Disclosure Form. REASONS FOR AREA VARIANCE ONLY (to be completed b3cial :_ Do not use these standards for eetsuse variance" if necessary,owithpsignatures.) exception." (Also attach sh 1. An undesirable change will NOT be dudin the ifaracter granted f nearby the neighborhood or a detriment to y ProPerties BECAUSE: the property'is located at the end of Old Orchid Lane - r. G lat-the%�Beacht,'on�:LOrentoHarbor. Adjoining property residence is set'�baek from the existing residence. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: under Article I Section 100-12, lots in Gardiners Bay Estates shall be excepted ffrom lot areas and lot width requirements. uested tial BECAUSE 3. undermArticle IeSection lief g100-12 lots oshall sn The aount of beexcept d'from un lot areas. 4.� The variance will. NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE the residence is the last house on Old Orchid Lane located next to the cprivate beach on Orient Harbor. 5. Has the alleged difficulty been self-created? ( ).Yes. ( .X) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. t �, I STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn ::Stl:ii i••:i or. earl temp y4"O'. �� Warren A. Sambach Sr. (Applicant) Agent must attach written consent from f 1999 otary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk Coun Term Expires June 12,19' APPLICANT TRANSACTIONAL, DXSCLOSURE' FORH The Town of Southold's Code of Ethics Prohibits conflicts of interest on the pari: of town officers and employees. The purpose of this form is to rovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. WARREN A. SAMBACH SR. for ROBERT LUST'GARTEN-OT&INERi JOSEPH TAVANO--PURCPiiASER YOUR NANK: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate 'the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance XX Change of zone -7- Approval-of plat Xx Exemption from plat or official map Other (If "Other," name the activity.). Do you personally (or through your company, 'spouse, sibling, parent, or child) have a relationship with any officer or employee of. the Town of Southold? 'tRelationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation.in which the town officer or employee owns more than 5% of the shares.. YES NO If you answered "YES,",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe'in the space provided. The town officer or employee or his or tier spouse, sibling, parent, or child is (check all that apply)i A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation)= B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual.applicant. DESCRIPTION OF RELATIONSHIP r� oV M2 'P V - Submitted th s 26 day ofJan 1999 Signature k Print name 2,5, Warren A. Sanbach Sr. .QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached..) ROBERT LUSTGAR'T'EN-OWNER JOSEPH TAVANO-PURCHASER CONTRACT TO P B. Is the subject premises- listed on the real estate market for -sale or being shown to prospective buyers? ( ) Yes ( X) No. Uf Yes, Ppam attach cagy cif "conditions" of sale.) C. Are there any Proposals to change = alter land contours? { } Yes {X } No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? _N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? = (If not applicable, state F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? ONE If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other•land close to this parcel? NO If yes, please explain where or submit copies of deeds. - I. Please list present use conducted at this parcel ONE FAMILY.,RESIUENCEand proposed use ONE "FAMILY RES N FEB 41999 Authorized Signature and I)at 3/87, 10/901k j `I r FOR $OARD AND STAFF USE Updated New I//nforr/mation c sz/ �.' °bus i "9.2T�.�/�N.�•� 0 14V �d - ✓ "714 4C r� CL�JCI /26G�L�/ n � � NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 25, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for a public hearing on THURSDAY, MARCH 25, 1999 by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 at the time noted below (or as soon thereafter is possible): 7:25 p.m. Appl. No. 4664 — ROBERT LUSTGARTEN (Joseph Tavanno, Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon a Notice of Disapproval issued January 19, 1999 to construct new dwelling, after demolishing existing dwelling, which building area will exceed the 20% code limitation for total lot coverage of all buildings and be located less than 35 feet from the front property line. Location of Property: 2575 Old Orchard Lane, East Marion, NY; County Tax Map 1000-37-6-7.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: March 8, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski VAIJ : 1 o T Co ✓Ex;K4;r0A6X NOTICE OF HEARING aw .NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: e,o,6,097P Z&S7VAR77W DATE OF PUBLIC HEARING: Tilu,e4 AI#9Rc#J5, If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 o?SyS 64h Z>YMPaIJ) •LAA/E EAS T 11AR/16.,#V 91 OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 March 8, 1999 Re: Chapter 58 — Public Notice for Thursday, March 25, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted.: Send this Notice, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 3/18/99. Post the sign facing the street, no more than .10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must. remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet ' the deadlines stated in this letter, please contact us promptly. It may be necessary to postpone your hearing if the required steps are not followed. Thank you -for your cooperation. Very truly yours, ZBA Office K BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application Of ROBERT LUSTGARTEN (Name of Applicants) ------------------------------------x COUNTY OF- SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING AND POSTING I, Warren A. Sambaohrgtiding at 255 Dogwood Lane, East marion NY 11939 New -York, being duly sworn, depose and say that: 1) On the- 19 day of 'March 199 9, I personally mailed, by certified mail, return' receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at .the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the 'Town of Southold; that said Notices were mailed 'at the United States Post Office to each name . below certified mail, return receipt requested (attach post office receipts here) Name of Surrounding Property Owner Mailing Address Ralph Martin P.O. Box 203 East Marion NY 11939 Gardiners Bay Estates Home Owners Association Inc. P_0- Rnx 4 East. marion NY 11939 and, 2) On the 13 day of March 19991 personally posted the subject property identified as District 1000, Section 37 , Block 6 , Lot . 7.1 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that- I have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is July 24, 1997. 0�� Sworn to before me this (signature) ��iniihay of -r-4 &A_tX j / 919 Notary Public HELENE D. HORNE /�otary Public. State of Now York No. 4951364 **Please. return to, the office of Ve 1RB%1 t1'd(yXS!!�i� �418r�t� ompleted. om ossion Ei6irestay 22, i9 (Town Hall hours are 8 - 4 p.m.) Than you. 0 X1(1 �% lta�. � J f'r><1 .., �: r ' NJU / Iryrl 7- -F L -ot 337 F-106 .' 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