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4818
• ,'',p#, APPEALS BOARD MEMBERS , g1fFOL,1 �Oi��NO CQG� Southold Town Hall Gerard P. Goehringer, Chairman d ¶ : 53095 Main Road James Dinizio, Jr. , H z j P.O. Box 1179 Lydia A. Tortora ; p Southold, New York 11971 Lora S. Collins difr, Or / ZBA Fax (631) 765-9064 George Horning N. 1 * t,Al Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 10, 2000 Appl. No. 4818 -CHRIS AND JAMES MESKOURIS STREET & LOCATION: 675 Summit Drive, Mattituck 1000-106-1-47 DATE OF PUBLIC HEARING: May 4, 2000; May 10, 2000; June 8, 2000; July 6, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property is a vacant parcel of 24,808.8 sq. ft., measuring 102 feet on Summit Drive on the south, 100 feet along the northerly property line, 236.7 feet on the west side and 252 feet on the east. The easterly property line lies on the midline of a 15-foot right-of-way, and a 25-foot right-of-way lies along the northerly edge of the property, entirely within the property line. BASIS OF APPEAL: Building Inspectors Amended Notice of Disapproval, dated June 9, 2000, which denies a building permit for a proposed house because the easterly setback would be 12.5 feet from the right-of-way. The Notice states that the easterly right-of-way creates a front yard, and Code section 100-244 requires a front yard of 40 feet. RELIEF REQUESTED: Applicants request a variance authorizing the placement of a house in the position set forth in their building permit application, with an easterly setback of 12.5 feet from the right-of-way. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) In its interpretation of the Code under Appl. No. 4836 (Koch), this Board determined that the presence of a right-of-way across or bordering a lot does not result in the facing yard being a front yard unless the right-of-way satisfies the Code definition of "Street." The right-of-way that lies partly on the easterly side of the subject property does not satisfy that definition. We conclude that the easterly yard is a side yard. (2) The proposed house is large, consisting basically of two segments that measure 26x36 feet and 32x40 feet, and is set at a 45 degree angle to the property lines. The house itself is approximately 27.5 feet from the easterly right-of-way at the closest points (two corners) but a large deck on the east side adds another 15 feet, leaving the 12.5-foot setback mentioned in the Notice of Disapproval. (3) Code section 100-244 requires that the side yards on this property be a minimum of 15 feet, and have a combined total of at least 35 feet. The house footprint proposed in the building permit application has a westerly side yard of 15 feet, so compliance with the Code would require an easterly side yard of 20 feet; applicants propose a yard of only 12.5 feet. Because the easterly right-of-way is in active use, a setback of only 12.5 feet is Page 2-August 10, 2000 ZBA Appl. No. 4818-C. and J. Meskouris Parcel 1000-106-1-47 at Mattituck inadequate; also, authorization of such a setback would constitute a very substantial variance in terms of percentage deviation from the Code requirements. The Board concludes that the greater setback authorized by the Board action set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that the Board action set forth below will have an adverse effect or impact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicant to build a house on the desired scale while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing an easterly setback of 17.5 feet from the right-of-way. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (Chairman), TORTORA, COLLINS, and HORNING. (Member Dinizio was absent due to illness.) This Resolution was duly ADOPTED (4-0). ERARD P. GOEHRINGER, CHA - MAN Approved for Filing RECEIVED AND FILED BY THE SOUTI.CD TOWN CLERIC DATE *ajab UR (a'°"5 44/40 • ':c..:_ _ c utl.old • • NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 4, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971,on THURSDAY,:MAY 4, 2000 at the time noted below(or as soon thereafter is possible): 8:15 p.m. Appl. No. 4814 - CHRIS AND JAMES MESKOURIS. Applicants request a Variance appealing the decision of the Building Inspector in an April 5,2000 Notice of Disapproval (as re-worded), which states: (1) proposed construction on non-conforming lot is not permitted under Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way acrossproperty on easterly boundary creating front yard on that frontage, proposed setback on that frontage is less than forty foot minimum required by Code. Setback on that frontage proposed at twenty (20)feet; and (2) pursuant to Article IIIA, Section 100-30A accessory use(s)!shall be located in required rear yard; proposed accessory swimming pool located in front yard on northeastern side of proposed dwelling. Location of Property: 675 Summit Dr, Mattituck, NY; Parcel No. 1000-106-1-47. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The 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 (631) 765-1809. Dated: April 21, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 IkI 0? rirk 1 FORM NO. 3 E© LEUME .§ 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT APR '" sai SOUTHOLD, N.Y. -,50 m NOTICE OF DISAPPROVAL DATE; April 5, 2000 TO Christine Rivera A/C Meskouris 250 Sound Beach Dr Mattituck NY 11952 Please take notice that your application dated March 24, 2000 For permit for one family dwelling and accessory swimming pool at Location of property 675 Summit Drive Mattituck County Tax Map No. 1000- Section 106 Block 1 Lot 47 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds 1. proposed construction on non conforming lot not permitted pursuant to Article XXIV Section 100- 244B which re'uires a minimum front and setback of 40 feet sub'ect lot has rit t of wa across property on easterly and northern boundaries creating front yards on those frontages, proposed setbacks on those frontages exceeds forty foot minimum required by Code. Setback from right of way on north proposed at +/-25 feet, on east at +/- 12 1/2 feet. 2. Pursuant to Article IIIA Section 100-30A.4 accessory uses shall be located in required rear yard proposed accessory swimming pool located in front yard on northeastern side of proposed dwelling212P-1/4.-. Authorized Sgiature FORM NO 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE; June 9, 2000 TO Christine Rivera A/C Meskouris 250 Sound Beach Dr Mattituck NY 11952 Please take notice that your application dated March 24, 2000 For permit for one family dwelling at Location of property 675 Summit Drive Mattituck County Tax Map No. 1000- Section 106 Block 1 Lot 47 Subdivision Filed Map# Lot # Is returned herewith and disapproved on the following grounds ! proposed construction on non conforming lot not permitted pursuant to Article XXIV Section 100- 244B which requires a minimum front yard setback of 40 feet, subject lot has right of way across property on easterly boundary creating front yard on that frontage, . Setback on that frontage proposed at+/- 12 1/2 (twelve and one half) feet from boundary of right of way, 20 (twenty)feet from property line. ficia- Authorized ' ature ate c BOARD 1 HEALTH FORM NO. I 3 SETS PLANS .. .. . . . .. TOWN OF SOUTHOLD SURVEY . . . . . . . . BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 , TEL: 765-1802 NOTIFY: krGG(S�Del( CALL Examined , 19.... MAIL TO: . . . . . :":`. .'. . . . Approved , 19.... Permit W. • Disapproved a/c. (Building Inspector) 2 4 `! APPLICATION FOR BUILDING PERMIT Date i , 19. Bd INSTRUCTIONS a. This application must be completely tilledin by typewriter or in ink and submitted to the Building Inspector wit 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 propertymust be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will 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 whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATICN IS HEREBY MADE to theBuilding.Deparument 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 Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, ' 'ilding end-, housing code, and regulations, and to admitauthorized inspectors on premises and in buildi -ssary inspecti s. (Signature of appli or nate, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder L:CL /.�vri a.. Nare of owner of premises Le 4r m's r J of �/ 3 d C 74{„1, (as on the tax roll or 1 test deed) 7 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 N . 1. Location of land on which proposed work will be done Ci� % 71 (6775 A.4 67C House N.rber _ Street Hamlet County Tax Map No. 1000 Section /7d 6 Block Iot r Subdivision • Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and,intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and octvpancy 7 i' ` ' 51137I4oF' =-Y+:'A?kk13ia c e /godl ,m. .+n 7 . Nature of work (check rabid: applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) . Estineted Cost fee (to be paid on filing this application) . If dwelling, number of dwelling units linger of dwelling units on each floor If garage, nutter of cars . If business, "cannercial or mixed occupancy, specify nature and extent of each".type of nsr•. . Dimensions of existing structures, if any: Front Rear .... Depth height Nutter of Stories Diwensions of sane structure with alterations or additions: Front Rear Depth Height Timber of Stories . Dhrensions of entire new construction: Front Rear Depth Height Naber of Stories . Size of lot: Front /0 / Rear /O 0 Depth Zs 7 ). Date of Purchase ''9 $-- NWme of Forner Owner I. Zone or use district in which prenises are situated /(Y° r. Does proposed construction violate any zoning last, ordinance or. regulation: .........-.......-.... 3. Will lot be iegr_aded Will excessfill be removed from premises: YES ND- i. Nares of 'Owner of premises - Address. Phone No. Nare of Architect Address Phone No. Mane of Contractor - Address Atone No. i. Is this purperty within 300 feet of a tidal wetland? * IFS NO.........., *IF YES, SONIIUD TOM Tm)SIEES 'Cr i MAY EE REQUIRED. PLOT DIAGRAM locate clearly and distinctly all buildings, tther existing or proposed1 Viand indicatback,e all set- din ensioas, ! :,; , , ran property,lines. Givean streetd•blocknmber or..description according to deed, and show street nacos and,.indicate. ;.: nether interior or corner lot. • !'ATE OF NEW YORK, �( SS NNIY OF .. - -'c°, IC— OYA c t S CL' D J eA c-. ' being duly sworn, deposes andsays that he is the applicant re taof individual signing e ract) wove oared, 2 is the O q er'T' (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have perfowed the said work and to,make and file this; pplication; that all statenents contained in Olio:application are true to the best of hislknowledge. and belief; and :;. hat the work will be perfohned in the manner set forth in the application filed therewith. worn iobefoi p wethis /� /`lf V ( day of '.!'„V,. 1 ..�.l}.�oi Notary Public .. J.••. Y n13Clar-c ' te YNDA M.BONN NOTARY PUBLIC,State itNew (Signature of pplicant) No.01$00020932 \ Qualified in Suffolk Cou r Term Expires March 8, .l Inn ak �'� - S. TOWN OF SOUTHOLD, NEW YORK ' _SeD .mac/t.I A , APR 14 2000 AL--1 gPie APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL Nd ..- Southold Town eStE C:l2s f cr a cleiett ,1-- TO THE ZO1�NG BOARD F APPEALS, TOWN OF SOUTHOLD, N. Y. Zata.) 'A a s or- i/� �7 g oc,evtec cot% firm 1, (We) ` /Jri5 r" entei x�/GLd�®e7'e✓ of /3ao Jtrvx/ esex mac 7,31,-34.= Name frof Appellant Street d Number 9:2-2-CC ) ,// Z4'/,-r-Al L� HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDING/ INSPECTOR DENIED TO �/� r lars�s ecu e e Eck/7r �� f A�p icant for permitit of %3cc' --Lang &at X. 4,4r� .27 Street and Nu er Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) L LOCATION OF THE PROPERTY 41>t 47 54-4'n;71 4. J ana41r Street /Hamlet / Use District on Zoning Map District 1000 Section/041310c kW Lot7Current Owner r‘,tv Map No Lot Na Prior Owner c ,� er 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Acle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section /00 3. TT PE OF APPEAL Appeal is made herewith for (please check appropriate box) (4 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows 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 appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated REASON FOR APPEAL ( ) A Varlcnce to Section 280A Subsection 3 ( t )`" A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASONS -FOR AREA VARIANCE ONLY (to be compleledP'b ! 'app4lica tt) Do not use these standards 'for "use vati,anoe" or "special exception. " (Also attach sheets if necessary, "w'ith `signatiures. )F 1. An undesirable change will. NOT be producedin the character of the neighborhood or a detriment to- nearby properties, if granted BECAUSE:. ' // a-�L ,p it 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: Lel 4 reg 70 r1 ',0191-/'or 4 , ,or-.T oatvei*... . .. .. , -II 3. The amount of relief- requested is not substantial BECAUSE .ss/ 4i/cos a .;,e////.. 5195 r gs 0:777:914-- difwe14etc/ . ;isF -su ., U ,/Le's, 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood'or district BECAUSE 7 ;al 5/1,x. 5. Has the alleged difficulty been serf-created? , ( ) Yes. ( j 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, ,, F ace sed l�m. /'e c/a/4e a/ti- near STATE OF NEW YORK) " COUNTY OF SUFFOLK) (Applicant) Agent must attach written consent from owner. Sworn to before me thisa7, day of 1514.0.-t,--k, p (17 Notary Public HELENE b.HORNE Notary.Public,State of New York ******************* ,No..4957364 mesytxtlk/form.var/temp Commission Expires , /,-;+ TOWN OF SOUTHOLD PPOPERTY` RECORD CARD / a8/dpn - /a6 - /- V7 OWNER L STREET 6' 7VILLAGE DISTRICT SUBLOT / q „, t,7 / . C k^ YG KI -KD✓ Y .5 �_ aUhIml 1 bw/vc > �/t-uG,k 9 v. y / FORMER OWNER iii (Mer N E ACREAGE ��(( S W TYPE OF'BUILDING / 7 RES. 3/7 SEAS. VL. 7 FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND' IMP. TOTAL DATE REMARKS `3 0 0 3 n -s,+ 3 i,ca.4 /0, / 7- _A /3 "- o U o U /7'6' f/i,A7 ,fi 3 c5 a c _,/ron / s ifie .. 13/1/ a . fo i192.',--&,/0l �49C✓ —_.70-(�'- 7 / �'Q G/f4"j c rYec 4XI 1� /I. a - - t,.5 40 a cc- G S c ). '7/r"/ SOc.e '6 i OO e'/77US /' h//00 h-7 il 99°94a AGE BUILDING CONDITION64,7/84 _ L-959-3 r44 -L=4J ?rn -co f)1i (fir --58, NEW NORMAL BELOW ABOVE FRONTAGE ON WATER "T2 C , I 195�fe in 23I -1V1 ( l,�r )w tvfeskcautI Farm Acre Value Per Acre Value FRONTAGE ON ROAD /o0 ' Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 l Woodland Swampland -------- --- --- Brushland House Plot ------ ---- - --- -- Total _v„„,.„ -- .r. .. COUNTY OF SUFFOLK - r ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M JONES, AIC P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING August 28, 2000 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) 4eskouris, Chris and James* 4818 Pisani, Margaret and Edwin 4840 Cogen(Morton) and Howard (Martha) 4843 Knoerschild, William 4846 Lomangino, Susan 4848 *Alternative relief appears warranted Very truly yours, Stephen M. Jones , Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2000WUG\SD4818 AUG LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4T1-1 FLOOR in P 0 BOX 6 100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 1 6) 853-4044 I,• "•-. -n Cul O o Cpl 41 40 ,/ BOARD OF APPEALS TOWN OF SOUTHOLD (1- 631) 765-1809 tel. (1-631) 765-9064 fax ' Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the followi to the Suffolk County Planning Ccnmission: Variance from the Zoning Code, Article XXIV 100-244 , Section Variance from Determination of Southold Town Building Inspector • Special Exception, Article , Section Special Permit ._i Appeal No : 4818 Applicant: Chris and James Meskouris Location of Affected Land: 675 Summit Dr. , Mattituck County Tax Map Item No . : 1000- 106-1=47 Within 500 feet of: ' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owne' the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission.. to locate proposed dwelling 12.5 from "the right-of-way. Copies of Mown file and relates documents enclosed for your review. Dated : August 17, 2000 APPEALS BOARD MEMBERS �,�ileg�FF04 =, � � O w.,CG�` Southold Town Hall Gerard P Goehringer, Chairman � -;:4•• 53095 53095 Main Road James Dinizio, Jr. • c `�`<{ ' 2 P.O. Box 1179 to • y _ Lydia A.Tortora • . "�•, ZBA Southold, New York 11971 Lora S. Collins '!' `"� �•�� ZBA Fax (631)765-9064 George Horning %WO./ *rope. p� i[ ' a" Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 16, 2000 Mrs. Chris Rivera CDR Consultants 250 Sound Beach Drive Mattituck, NY 11952 Re: Appl. Nos. 4818 (Meskouris) and No. 4836 (Koch) Dear Mrs. Rivera: Enclosed please find copies of two determinations rendered August 10, 2000 by the Board of Appeals. Please be sure to follow-up with the Building Department (765-1802) regarding the next step in the application process and issuance of permits. A copy of this written determination has been transmitted to the Building Department for their update regarding their Notice of Disapproval. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decisions to: Building Department Decision filed 8/16 rl ���i J ✓ 4'PEALS BOARD MEMBER0 ,,/� SAFFQ�,(- ' coGy; Southold Town Hall Gerard P. Goehringer, Chairman �� _ 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora p • ''� ��� Southold, New York 11971 Lora S. Collins ` '!,j �pl ��� ZBA Fax(631)765-9064 George Homing - 611jig +1 0,0Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 10, 2000 Appl. No. 4836 -VIVIAN KOCH STREET&LOCATION: 675 Summit Drive,,Mattituck 1000-106-1-47 DATE OF PUBLIC HEARING: July 6, 2000 Findings of Fact PROPERTY FACTS: Appellants Karl and Vivian Koch own the property immediately to the west of the subject property, which is owned by C. & J. Meskouris ("Meskouris"). The Meskouris property is a vacant parcel of 24,808.8 sq. ft., measuring 102 feet on Summit Drive on the south, 100 feet along the northerly property line, 236.7 feet on the west side and 252 feet on the east. The easterly property line lies on the midline of a 15-foot right-of- way, and a 25-foot right-of-way lies across the northerly part of the property, entirely within the northerly property line. BASIS OF APPEAL: Appellants are appealing a Notice of Disapproval, dated June 9, 2000, issued by the Building Inspector to Meskouris, denying a building permit for a proposed house on the subject property as follows: "Proposed construction on nonconforming lot not permitted pursuant to Article XXIV Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has a right of way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at +1- 12 1/2 (twelve and one half) feet from boundary of right of way, 20 (twenty)feet from property line." RELIEF REQUESTED: The appeal claims that the Building Inspector failed to fully identify the proposed project's noncompliance with the Code's setback requirements. The appeal: (1) Claims that the northerly yard is not a front yard, and asks this Board to interpret the Code section 100-13 definition of "Yard, Front." (2) Claims that the Building Inspector incorrectly applied Code section 100-230A to authorize the proposed northerly setback, and asks this Board to interpret Code section 100-230A. (3) Claims that the northerly setback should be measured from the right-of-way line, • and asks this Board to interpret the Code section 100-13 definition of"Right-of-Way Lines." MATTERS NOT ADDRESSED (1) The appeal asks that the Building Inspector require elevations of the proposed project, in order to determine compliance with Code restrictions on building height, and asks this Board to interpret the Code section 100-13 definition of "Height of Building." The r l' ,, 1 Page 2-August 10, 2000 _ .1 ' ZBA Appl. No. 4836-V. Koch Parcel 1000-106-1-47 Meskouris Meskouris' building permit application specified only a building footprint, and the Building Inspector was willing to act on that application. The question of building height cannot be addressed until full plans are submitted to the Building Department. (2) The appeal suggests that the Building Inspector, in reviewing the proposed project, relied on an exception recently added to the Code definition of "Yard, Front" and • asks this Board to interpret that exception. No evidence of such reliance was introduced and there is no need for this Board to interpret the exception. (3) The appeal claims that a reasonable house can be built on the subject property without the need for variances. This claim is not a proper one for this appeal. It was properly made by appellants at the hearings before this Board on the easterly setback --- variance requested by Meskouris (Appeal No. 4818). RELEVANT PROVISIONS OF THE CODE The provisions of the Zoning Code relevant to this appeal are set forth below. Definitions found in Section 100-13: "Right-of-Wav Lines" — The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. "Yard, Front" — An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, right-of-way or street line, the side of the lot bordering that particular street, right-of-way_or street line shall not be considered to be a front yard, and any accessory structure placed in such yard shall comply with the applicable side yard setbacks for the zoning district within which it is located. "Street" — A street, improved to the satisfaction of the Planning Board, which is.one of the following: 1. An existing town, county or state highway or street. 2. A street shown on an approved subdivision final plat. 3. A street shown on a map filed with the County Clerk (in accordance with section 280-a of the Town Law) prior to Planning Board authorization to review subdivisions. 4. A street shown on the Town Official Map. "Street Line"—The dividing line between a lot and a street. Page 3 -August 10, 2000 ZBA Appl. No. 4836-V. Koch Parcel 1000-106-1-47 Meskouris Section 100-230. Exceptions and Modifications. A. Established front yard setback. Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district. REASONS FOR BOARD RESOLUTION SET FORTH BELOW: On the basis of testimony presented and materials submitted, the Board makes the following findings: (1) The Notice of Disapproval, and the testimony of the Head of the Building Department at the hearing on July 6, 2000, indicate that the Building Department considers the easterly and northerly yards on the subject property to be front yards because each faces a right-of-way. The Board disagrees. The Code definition of "Yard, Front," set forth above, makes no reference to a right-of-way. It defines a front yard in terms of a "street," and the Code definition of "Street," set forth above, makes no reference to a right-of-way. The rights-of-way on the subject property do not meet the Code definition of "Street." Thus, the easterly and northerly yards are not front yards. (2) The Head of the Building Department testified at the hearing on July 6, 2000 that the northerly setback of the house immediately west of the subject property is 51.2 feet from the property line and 26.2 feet from a right-of-way across that property shown on a survey by Young & Young dated October 7, 1983. The Building Inspector concluded that under Code Section 100-230A, the setback of that house could be used to determine the required northerly setback on the subject property, with the result that the proposed setback was found in compliance with the Code. The Board disagrees. The setback exception in Code section 100-230A, set forth above, requires more than one neighboring building: it refers to the presence of "principal buildings with front yards of less than that required" by the Code. Section 100-230A cannot be applied to determine the setback of a proposed building when there is only one improved property "within 300 feet ... on the same side of the street." Moreover, as stated above, this Board has determined that the northerly yard of the subject property is not a front yard. Therefore, Code Section 100-230A would not apply in any event, because it is expressly limited to front yard setbacks. (3) The Head of the Building Department stated in a memo of June 9, 2000 to this Board that "the Department has, as past practice, been measuring the yard requirements from right of ways by using the property boundary as a point of reference. It has been determined that pursuant to the definition of "right-of-way lines" in Section 100-13 of Southold Town [Code], that this measurement must be taken from the boundary of the right of way." The Board agrees with this conclusion. The definition of "Right-of-Way Lines," set forth above, clearly requires that yards be measured from rights-of-way, where they exist. Page 4-August 10, 2000 ZBA Appl. No. 4836-V. Koch Parcel 1000-106-1-47 Meskouris RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED: (1) That the presence of a right-of-way across or bordering a property does not result in the facing yard being a front yard unless the right-of-way satisfies the Code definition of "Street." (2) That Code Section 100-230A-may not be applied to determine the required front yard setback of a proposed structure when there is only one principal building within 300 feet on the same side of the street in the same use district. (3) That in accordance with the Code definition of "Right-of-Way Lines," a setback is to be measured from a right-of-way, where one exists. VOTE OF THE BOARD: AYES: MEMBERS TORTORA, COLLINS AND HORNING. (Member Dinizio was absent due to illness.) NAY: EMBER GOEHRINGER (CHAIRMAN). THIS RESOLUTION WAS DULY ADOPTED . pproved for Filing A gig FOF64 Town Hall,53095 Main Road ® 1=4 Fax(516)765-1823 P.O.Box 1179Telephone(516)765-1802 ITT t Southold,New York 11971-0959 % BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department DATE: June 9, 2000 RE: Meskouris Appl#4818 The Building Department has, as past practice, been measuring the yard requirements from right of ways by using the property boundary as a point of reference. It has been determined that pursuant to the definition of"right of way lines" in Section 100-13 of Southold Town that this measurement must be taken from the boundary of the right of way. It is necessary to amend the Notice of Disapproval for the above referenced appeal to reflect the difference in the setback using this method. Attached please find amended Notice of Disapproval. cc: Town Attorney Applicant c APPEALS BOARD MEMBER' 'I�,,o" FFOL,t OG Southold Town Hall Gerard P. Goehringer, Chairman %_ f° :- yj: 53095 Main Road James Dinizio,Jr. y t P.O. Box 1179 Lydia A. Tortora %0 ��t Southold, New York 11971 ,,)1).P) c ) Lora S. Collins # �! ��� ZBA Fax(631) 765-9064 r b George Horning = 01 ��,�i� Telephone(631) 765-1809 (°'1 —- s_s �" " BOARD OF APPEALS -r''' ` lkTOWN OF SOUTHOLD d June 13, 2000 By Fax and Regular Mail Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appeal of Notice of Disapproval by V. Koch (Meskouris Property) Dear Mrs. Moore: As an update to Mrs. Koch's application appealing the May 4, 2000 Notice of Disapproval issued by the Building Inspector, please find enclosed the Building Department's June 9, 2000 amended Disapproval. Please note that the Disapproval- states that the reason for the disapproval is "...subject lot has right of way across property on easterly boundary creating front yard on that frontage, and setback on that frontage is proposed at 12-1/2+-ft. from the boundary of right-of-way, 20 feet from property line" instead of the 40 feet. Please confirm whether or not you wish to proceed with the Koch appeal based on - the new Notice of Disapproval issued to the Meskourises, or whether the Koch application will be withdrawn. If possible, please reply by Monday, June 19, 2000, the date when procedural steps for notices and publication will take place for the Board's July 6, 2000 hearing calendar. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure • fG:cage/Tall T1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE; June 9, 2000 TO Christine Rivera A/C Meskouris 250 Sound Beach Dr Mattituck NY 11952 Please take notice that your application dated March 24, 2000 For permit for one family dwelling - at Location of property 675 Summit Drive Mattituck County Tax Map No. 1000- Section 106 Block 1 Lot 47 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds proposed construction on non conforming lot not permitted pursuant to Article XXIV Section 100- 244B which requires a minimum front yard setback of 40 feet, subject lot has right of way across property on easterly boundary creating front yard on that frontage, . Setback on that frontage proposed at+/- 12 1/2 (twelve and one half) feet from boundary of right of way, 20 (twenty) feet from property line. Authorized ature PATRICIA C. MOORS Attorney at Law �• 51020 Main Road '1 iole Southold,New York 11971 / ( i Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary June 21, 2000 Chris, James & Mary Meskouris 127 Beverly Road Douglas Manor, NY 11362 Re : Summit Drive property Dear Meskouris Family: We are scheduled to continue the hearing on the variance application, however, my clients wishes to repeat their previous offer to purchase the property for $165, 000 . 00 . We could proceed to contract immediately. Ownership of _ the property would certainly resolve the conflict . No further legal proceedings would be necessary, - and the matters can be resolved amicably. We thank you for your consideration, Ve ly yours, Patricia C. Moore cc : Mr. and Mrs . Koch , 6 l` 5-05-2000 1 =39PM PROM :STEVEN MARESCA 51 B 72B 9454- P. 2 STEVEN L. MARESCA CONSULTING ENGINEER ' 188-07 W.MONTAU1 HIGHWAY•HAMPTON BAYS,NY 11946.(016)728-4450 a t•, •-�.+r 8IN d��//LE May 5, 201„ MAY — 8 Christine Rivera 250 Sound Beach Drive -4: �; , Mattituck, N.Y. 11952 Re: Meskourias Residence Lot #12, Capt. Kidd Estates Placement of House Dear Chris: As per your request I have reviewed the site plan for;the placement of the home for the Meskourias Property. The purpose of the review was to access the placement of the home on the property. I have the following ' comments, The property slopes from the northwest corner down the southeast. There is an elevation difference of 35 foot. The top of the slope peeks at elevation 105.7., The bottom of the property slopes down to elevation 70.0 It is my opinion that the home be situated as close as possible to the top of the ilope. , Any runoff from rainfall will run against .the foundation wall. The further down the slope, the more runoff that will directed against the - building. The rear of the home is shown as 50' from the property line. It has been -- my, experience that any of the building set backs are measurd-from the property line and not a right of way. As long as you do not block the right of way. The home and pool as shown do not block the right of way. The property to the west has a retaining structure located along the property line. This structure has a maximum height of approximately 10.' Placement of the home on the south side of lot #12 will cause the home to be hidden or blocked by this retaining structure. This will create an undesirable line of vision from any structure built in that location. This will complete my report. Please advise if additional information will be required. Sincer• .y• rs, ' - e : L. M-resca P,E. _ . /‘ 5-05-2030 1 :39PM FROM STEVEN MARESCA 515 723 9484 • P. 2 STEVEN L. MARESCA CONSULTING ENGINEER -+e8 188-07 W.MONTALRC HIGHWAY a HAMPTON BAYS,NY 23946•(515)'28-44$0• n May 5, 204+n Christine Rivera 4 *' xl�l! 250 Sound Beach Drive Mattituck, N.Y. 11952 Re: Meskourias Residence Lot #12, Capt. Kidd Estates Placement of House Dear Chris: As per your request I have reviewed the site plan for the placement of the home for the Meskourias Property. The purpose of the review was to access the placement of the home on the property. I have the following comments, The property slopes from the northwest corner down the southeast, There is an elevation difference of 35 foot. The top of the slope peeks at elevation 105.7. The bottom of the property slopes down to elevation 70.0 It is my opinion that the home be situated as close as possible to the top of the slope. Any runoff from rainfall will run against the foundation wall. The further down the slope, the more runoff that will directed against the building. The rear of the home is shown as 50' from the property line, It has been — - my experience that any of the building set backs are measur,:i-from the property Iine and not a right of way. As long as you do not block the right of way. The home and pool as shown do not block the right of way. The property to the west has a retaining structure located along the property line. This structure has a maximum height of approximately 10.' Placement of the home on the south side of lot #12 will cause the home to be hidden or blocked by this retaining structure. This will create an undesirable line of vision from any structure built in that location. This will complete my report. Please advise if additional information will be required. Sincer rs, • e L. M resca P.E. A1 • TRANSMITTAL MEL TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: "ilto y 9 aoaa SUBJECT: File Update 6e 'l4.w With reference to the above application, please find attached the following new 'information added so then official ZBA office file: 5 z d P/--/E--1,1'�� 's_� (s—ir oe) , ' 's ,— IS ,I- / r-a- - !Z - .. .,. 'y td s C r 2-/� -- ?'r Comments: Number of Pages Attached: __ /6 TrMemo.doc 1 ( , • I 5-05-2000 1 =39PM FROM STEVEN MARESCA 515 724 94.84 P. 2 STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W.MONrAUK HIGHWAY.HAMPTON BAYS,NY 11946•016)',28-4480•FAX S 6 r8-••:• May 5, 2000 ✓✓✓ MAY 4 no Christine Rivera 250 Sound Beach Drive Mattituck, N.Y. 11952 Re: Meskourias Residence Lot #12, Capt. Kidd Estates Placement of House Dear Chris; As per your request I have reviewed the site plan for the placement of the home for the Meskourias Property. The purpose of the review was to access the placement of the home on the property. I have the following comments, The property slopes from the northwest corner down the southeast, There is an elevation difference of 35 foot. The top of the slope peeks at elevation 105.7. The bottom of the property slopes down to elevation 70.0 It is my opinion that the home be situated as close as possible to the top of the slope. Any runoff from rainfall will run against the foundation wall. The further down the slope, the more runoff that will directed against the building. The rear of the home is shown as 50' from the property line, It has been • - my experience that any of the building set basks- are measured from the property line and not a right of way. As long as you do not block the right of way. The home and pool as shown do not block the right of way. The property to the west has a retaining structure located along the property line. This structure has a maximum height of approximately 10.' Placement of the home on the.south side of lot #12 will cause the home to be hidden or blocked by this retaining structure. This will create an undesirable line of vision from any structure built in that location. This will complete my report. Please advise if additional information will be required, Sincere rs, e L. M resca P,E. `�.• . :_ w' . �/Af[Fi3/ivl,itlileAi 1 ; ,'.-Nem . . .* .. , )`t t).t \ i f } L-t 5 ) . ?-. _.'%- :.<. i ..12..r ., �_.,,?_(... ... . ....._ ___t . :;_eat s;J( :3 PF 29(t 2/79) Standard N •t .r .y,B,T.U.Form 8002 Bargain and Sole dead,with Covenant eaalnet Grantor's Acts-Individual or Corporation(Bina).Shei i ;t: r+%',.' CONSULTYOUFi LAWYER BEFORE SIGNING THIS INSTRUMENT-=THIS <f1NSTitUMENT8HdUlD LAWYERS • : y . tuaER 9 tib:', `1 : �, $'�� PACE 2��. , ,'S This Indenture, made the �-- day of August - nineteen hundred and eighty • .. , . s =„4 l=r,;: ,` aSSetween RICHARD A. MILLER, residing _f! } 1 `New-.,York 11948 at no# Aldrich Lane, Laurel, • • --,?:-iparty of the first part, and CH , RIS MESKOURIS and JAMES MESKOURIS and MARY MESKOU' :' 1• residing at 40-08 Morgan Street, Chris Meskouris and James Meskouris asLittle Neck, New;York�Interestcl Tenants in Common; interest Mary Meskouris as Joint Tenant. .i{w _ :n .4,. !Party of the second part, )' S' ;:;Y Witnesseth,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by - ". • ' secondpart,does hereby grant and release unto the party of the second part,the heirs or successors ,, , ;; 3r_'$�o! and assigns of the party of the second part forever, bJ " All that certain plot, ! ` piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and ' .=r'''''' ;,'=f.i";` being in*m Mattituck, Town ".`r' ;: {�Y New of Southold, Countyof S ffo u lks and State of :_ � Yi 1� York, known and designated as part of Lot 12 in 'Block 1 on a cert -1`, ,. map entitled, "Map of Captain Kidd Estates, " and f f F• County Clerk's off tied-"in the Suffolk•- _ described as f Office ,on January 18, 1949 as Map No. 1'672, ,bounded an '`•,_^r,-,'.)f DIS ollow I' 1000 BEGINNING at a point on the northerly ' -, 4; marking the division line between Lots1112 intBlDocke1. asishownnt -'�. ,;.,SEC,tz:; . ' the• afore 4 = said map; running -,':)_ •' 1 106.0 divlsfon4 1ihis 236;'7.1'>wfet3thence North 38° 00 ' 00" West,...along ,said ' 'gL i t; =d f t:'Lg heh�:e�'Narth,,5?,° t) '' 0 0" E f N, K: he,,a, pisjon -line::between lots Iv .Ot ' ?�s�►.:_10 d-,m :. „e. t ` ;01.00 ,�nertce�,l3otat3i~,38b 00 ' ►� 12 and•=��i3�;��i.ri���1�]i�'Ck��Z;' F;on �aid�Wma 0,0 East, along said division lin252. 03 feet to LOT'; tie northwesterly side of Summit Drive; thence Y northwesterly side of Summit Drive the following.,twoW(2) ooy ses along the '' 04070 distances. (1) .,along the arc.:-,,of f g_ ( ) -,courses and ` 4 radius of 160. 0-feet;''' r c."`°. a curve; bear`ing's t66..t10 ghtfrhavin' 1 a ' a distance of 63.71 feet; g , 46' 50" West 38. 32 feet and -(�)v South 67° ;' to the point or place of BEGINNING. BEING AND INTENDED TO BE the samepremises co -Ai .;4'': . the first part by deed dated June 7, 1984 and vrecorded'Julyed to the 19849 in Liber 9593 cp 442. Y 3 , . , $•••••••, .4.A JL 1y17� z �_ -' REAL E^TATE" ' , ! Jt:t; AUG 7 1985. • r ,; ;., ! TRANSF!`it TAX ' rrr ." t-'' COUT 't•=.^ '' Together with all right,title and interest,If an of the 7' ,,a Y. party of the first part in and to any streets A`tid roads abutting ';1 ;,,�,_ the above described premises to the center lines thereof;Together with the appurtenances and all the estate and • y,v,;!?, ,-. rights of the party of the first part in and to said premises; ,,;*• partyTo Have And To Hold the premises herein granted unto the of thesecondpart, a`c; '''r,?„ And the party of therettheirs or successors and assigns of the party of the secndpart forever, ') <r :. partcovenants that the y fa' '��'`••;„„., "said re party of the first �, rr,. ,;- . : premises have been encumbered in any way whatever,except s aforesaid.e orsuffered anything whereby the „ ,L -;::.`And the ppart of the first compliance with Section 13 of the Lien Law,covenants `a � ; wllhFeoeiv �j' Pert,in com Ilan that the party of the first part { ''-p •.'' "'',4N` 1to.bilifY Iced first,fbrthe purpose of paying the cost of the Improvement and wili.a such ice consideration as a trust fund 9.1 ''' of the cost of the improvement before usingPp o h arriiber t,: '- ” 'eymant . -� The word"party"shall be construed any part of the total of the game for Any otftei'�U`rposb`�=�=�•. _,„ , ' as if it read"parties"whenever the senses'"i, .3,3i,-;.,;;;!::.,',,,,:::.,,:., In Witness Whereof,the partyof the first of this indenture so requires , ,3 s part has duly executed this deed the daya ` ' -'Mt''-• .' ,INP nd year first awritten. ',Visa;;e1 �-. ,: RESENCE OF:, ;s, '. f • A?A , , rya � z ,os„:;,•,-. .:-„:_,.i,, ' • , - Richard A► 'Mil' er ..1 - N rf S,.,yf „ sv ' ° ,; • , �.,=; tfi:im, r tiAt 04,4,-:n'^' i' ,� „s',,u •-, Si .'°=. • � a&..��3:`,Liy�?,,.k.._.o. ,gin" ;3 ,i', i'?.- S:87,- 1 • .44/ -•• t,?=':{j. 1 CONSULT YOUR LAWYRIBEPORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ' fIEF8O89 igE I . , f THIS INDENTURE, made the /d day of July , nineteen hundred and seventy—six, BETWEEN GEORGE AHLERS, residing at 25 Cox Lane, Cutchoque, New York, party of the first part, , AND CYPRUS & CHARLES N.Y.CO. , a partnership, having its place of business at 43 Sound Beach Drive, Mattituck, New York; NICK CYPRUS, residing at 44 Marconi Street, Tenafly, New Jersey; NICK CHARLES, residingesat 59 Bradley Avenue, Bergenfield, NI New Jersey; JAMES TALAS and PARIE TALAS, both residing at Summit Drive, Mattituck, New York; FRANCIS J. CHRISTIE and CLAIRE M. CHRISTIE, both residing at 1 Bernard Street, Northport, New York, (7) party of the second part, WITNESSETH,that the party of the first part, in consideration of ten dollars paid by the party of the second r- part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and ` M assigns of the party of the second part forever, CD AL3. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, { Ca lying and beingi¢xthx at Mattituck, in the Town of Southhold, County of �Suffolk, , invthe State of New York, as shown on a certain survey made byiYoung & Young dated June 9, 1976, No . 76-453,attached, • being that portion of the southerly part of Lot 13 as shown on said survey in the form of an easement only for the purpose )-00:1\.S of ingress and egress over the said right-of-way shown on said survey. It is the intention of this conveyance that c...\:) the use of the right-of-way can be made by the owners of Lots 10, 11, 12 and 13 as shown on the "Map of Captain Kidd Estates filed in the Suffolk County Clerk' s Office on January 18,1949 as Map No. 1672", as the same now exist or may hereafter be sub-divided. • LIDEA8089 IAGE 18 TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party�f the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of ,the cost,of the improvement before•using any part of the total of the same for any other purpose. The word "party" shalt be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written: C / ' AA IN PRESENCE OF: ; E ROE HLERS 4 RE�CEI 'ori • REAL ESI"._ • - AUG 1 81976 .. \'.„•- V" I • • /,0) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the I I day of � , nineteen hundred and nI`'1 Q -�/ SPue, BE'T'WEEN rV Pt ALAS y ' frG- P\C) q i`q ) ),12.u.) (-4 or, ) 1 �T7 ( DLC1Cl4 CST SECTION l � v Ek _10 ,0ilicialoi party of the first part, and— rr i'A1 LAS {-QS1C�1 ►�l Q '1 " 6-7 /y lc? 5 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being itkac at Mattituck, in the Town of Southold',- County of Suffolk and State of New York, known and designated as part of lot 12, in Block 1 on a certain map entitled, "Map of Captain Kidd Estates , " and filed in the Suffolk County Clerk' s office on January 19 , 1949 as Map No. 1672, bounded and described as follows : BEGINNING at a point on the southerly side of Sound Beach Drive, said point marking the division line between lots 11 and 12 as shown on the aforesaid map; running thence along t- \e southerly side of Sound Beach Drive North 57 degrees 30 minutes East 100. 46 feet to the division line between lots 12 and 13; running thence southerly along said division line South 38 degrees 00 minutes East 241 . 75 feet; thence through lot 12 South 52 degrees 00 minutes West 100 . 00 feet to the division line between lots 11 and 12; thence along said division line North 38 degrees 00 minutes West 251•.38 feet to the southerly side of Sound Beach Drive at the point or place of BEGINNING. Being known by the street address of 677 Summit Drive Mattituck, N.Y. 11952 - - TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply I the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed'as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: (QP,10.- I L�D�S fes' rt � l s;XJ_S)-S EDWARD P.ROMAINE RECORDED dUl. 14 1997 r.I PRK OF SUFFOLX cowry Standard N.1.N.I.U. 1•orm 8UU,1-8-c,—liar I and Sale Dee i v. th cotenant against Gran, •r's Acts—Indtvtt ial or Corporation(single sheet) CONSUL?.Y-31 IR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made t}e 3rd day of October nineteen hundred and ninety six Ds.k /I3 TWEEN 1 Lee Lefkowitz, surviving tenant by the entirety, residing at 25 Downing Avenue, Sea Cliff, New York 11579 • party of the first part, and Vasilios LIvanos and Argyro Ljvanos, his wife residing at 1130 Plandome Road, I')I-7'l y Manhasset, New York 11030 ,p- cl q % , l hS",'RICT SECTION BLOCK LOT 7-6-,(7-1) i/ rolg r-7-7 . I_till party of the second part, i ; 20 WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule "A" attached Said premises being shown in the Suffolk County Land and Tax Map as Section 106, Block 01, Lot 42.1 and known as 985 Sound Avenue, Mattituck, New York 11738 • • TOGETHER with all right,title and interest,if any, of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with thep and all the estate and rights of the party of the first part in and to said premises; TO HAV A$E N O HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: A0....:04 11101 .-wt. 'k_�� • �owitz %NI, RECORDED OCT g � CLERKO EDWARD P.ROMAINE .. , CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. , Lic=F888 P.'.GF J© THIS INDENTURE,made the /77A day of September , nineteen hundred and eighty, BETWEEN NICK CYPRUS, residing at 44 Marconi Street, in the Borough of Tenafly, County of Bergen, State of New Jersey, 1-° DISTRICT SECTION BLOCK LOT / //; s T � 12h1 f II1 1110 1 (914111 - 3 party of the first part, and BYRON7 CANARI S nod MARY CANII.LS, his wife, both residing at 138-37 62nd Avenue, Flushing, in the Borough and County of Queens, City and State of New York, party of the second part, WITNESSETH, that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or_parcel of land, with the buildings and ipaproveentsthereont erected, situate, lying and beingidxxlzPx at Mattituck, in the Town o -Southold, y of Suffolk, and State of New York, known and designated as part of Lot 13, in Block 1, on a certain map entitled, "Map of Captain Kidd Estates", and filed in the Suffolk County Clerk's Office on January 18,, 1949 as Map No. 1627, bounded and described as follows: -_..1.21. 41:1:--- BEGINNING at a point on the southerly side of Sound Beach fo_rp Drive, which point of beginning is the division line between Lots 12 and 13 on the aforesaid map; running thence North 36 degrees 00 minutes east 104.03 feet along the southerly side c.2� of Sound Beach Drive to a point on the southerly side of Sound Beach Drive, which point is a division line between lots 13 and Io6 ,a 14 on said map; running thence South 38 degrees 00 minutes east 270.42 feet; running thence South 52 degrees 00 minutes e,,e, ,g___ west 100 feet; runping thence North 38 degrees 00 minutes west 241.75 feet to the southerly side of Sound Beach Drive, Dl , at the point and place of BEGINNING. BEING the same premises conveyed to the party of the first part by deeds recorded in the Suffolk County Clerk's Office in -0.----- Liber 8449 CP 467 and Liber 8402 CP ,594. O`f`F'�� SUBJECT to covenants and restrictions of record and st1 restrictions ,of record and zoning ordinances . , 4°43 I SUBJECT to road easements : LRECEIVED AL ESTATE :i. t �H� .P 5456 F " ` 480 UI-FOLK UU14 Y______ • TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. -0, AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- 1 ` eration as a trust fund do be applied:first'fbr the'purpose of paying the cost of the improvement and will apply 41 the same first to the payment of-the-cost of the improvement before using any part of the total of the same for • any other purpose. f`1 The word "party" shall be construed as if it read"parties" whenever the sense of,this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OP: `� (L.S. /,NI � NI K CYP ' It \ f)j)114-A.'"/1 ; ' ( 1r/ / 1I SEP 26 1980 ARTHUR J. FELICE RECORDEDClerk of Suffolk County /UUU— /Ucr>.— •OOr2 (" tkt Standard N.YB TU.Form 8002• -Bargain and Sale Deed,with Covenant against Grantors Acts—Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. I J 7 THIS INDENTURE, made the 2G ' day of December 1996 Pg(J(( BETWEEN KARL W. KOCH, III and VIVIAN M. KOCH, his wife, both residing at I 555 Summit Drive, Mattituck, NY 11952 party of the first part,and VIVIAN M. KOCH, residing at 555 Summit Drive, Mattituck, NY 11952 0/STRICT SECTION BLOCK LOT C�. 0 I1 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN ($10.00) - dollars paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, known and designated as part of Lot Number ll Block 1, on a certain map entitled "Map of Captain Kidd Estates" and filed in the Office of the Clerk of the County of Suffolk on January 19, 1949 as Map Number 1672, being bounded and described as follows: BEGINNING at a monument set in the northerly side of Summit Drive at the division line between lots 11 and 12, Captain Kidd Estates; RUNNING THENCE alongsaid northerly side of Summit Drive South 67 degrees 46' 50" Wes30 feet to a point and continuingalongSummit Drive, South 80 degrees 0' 00" West 80.56 feet to a mnumenset in center of 15 feet right of way, which point is the division line of lots 10 and 11 on aforementioned map; RUNNING THENCE along said division line through said right of way North 38 degrees 00' 00" West 190.74 feet to a monument; THENCE North 52 degrees 00' 00" East 100 feet to. a pipe; ,s RUNNING THENCE South 38 degrees 00' 00" East 236.71 feet to a monument set in the northerly side of Summit Drive at the Point or place of BEGINNING. BEING and intended to be the sante premises as acquired by Deed from GEORGE DEMETROULES and MARY DEMETROULES dated October 31, 1996, recorded in the Suffolk County Clerk's Office in Liber 11801 Page 740. SAID premises being known as 555 Summit Drive Mattituck, NY and on the Suffolk CountyLand and Tax Map as District 1600, Section 106, Block 01.00, Lot 042.002. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this,conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. • IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: % "6-eff KEIR W. KOCH, I 4 ,r, ",r - EDWARD P.ROMAINE , DEC 26 1996 CLERKQFSUFFOU(COUNrY, i1.: .ujrKlY^^H".+..w.«r,_�_. _ _ .. ..,,.,.-n.a..v NY•,Pp+rw,...- ___ _ ._ ._._.. ____ —._ _ _ _ -,.._..�.-- —__-"_ —•_ _ , ____ i § 100-226 ZONING § 100-230 remainder of this article or the application thereof to other persons, entities or circumstances. ARTICLE XXIII Supplementary Regulations [Added 1-10-1989 by L.L.No. 1-1989] § 100-231 'xceptions and modifications. ,A. E-: ablished front yard setback. Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average :`: setback of the existing buildings within 300 feet of the - proposed building on the same side of the street within the same use district. B. Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to 75% of the minimum requirement if the average depth conforms to the minimum requirement. C. Exceptions to yard requirements. (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over four feet in height may be erected anywhere on the lot, except as set forth in § 100-232 herein. Paved • i terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall ,. not project within 15 feet of a street line or four feet : .. of a property line. (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not .. more than six feet wide and extending not more M1 than five feet out from the front wall of the building, ,. shall be exempt from the requirements of this 10133 2-10-9s }'- 11 i= • i„ QOFF04 ;` O ELIZABETH A. NEVILLE � • Town Hall, 53095 Main Road �l, TOWN CLERK t = P.O. Box 1179 -1 w P �% Southold, New York 11971 REGISTRAR OF VITAL STATISTICS . p �� Fax(631) 765-6145 MARRIAGE OFFICER ` 'f'®� . ,•',' Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER jig FREEDOM OF INFORMATION OFFICER �. � ..•i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 28, 2000: WHEREAS, there was presented to the Town Board of the Town of - Southold, on the 1st day of February 2000 , A Local Law entitled, "A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions of the Code of the Town of Southold (Yard, Front); 'and WHEREAS, A public hearing was held on this Local Law on the 14th day of March 2000, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO 6 OF 2000 A Local Law In Relation to Amending Chapter 100, Section 13, entitled "Definitions" of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: • ( 1oo3ltIed "Definitions" of the Town Code of the Town of Southold is h ended as follows: • YARD, FRONT-An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat, and aline drawn parallel thereto. Except, if the owner of the lot does not have the richt to use or travel over aborderinq street, right of way or street linetthe side of the lot bordering thatAarticular street, tight of way or street line shall not.be considered to be a'front yard and any accessory- structure placedJn such yard shall comply with the armlicabie-sideyard setbacks for the zoning district within which it is located. 05/0d/2000 12:42 631-298-8614 CHRISTINE D RIVERA ' PAGE 01 e c r 6lt r r i ' ',1 " { l a yaw ...4ii. j lifriv‘eir-- � � r 9 :„_ . .frw . , rAe.4 xx f/y/®o'hiali‘eat7A:/4... A.6'e/"-C ; } ra. ,7y i ask i I 1 f k�w,� i¢I II i:u X01 • - i ;:f 11"I w ` 1 Iii°'`: 9 I'll II a f m L VII,; 'III II III ti l i I i itIu»y ?i •4/2000 12:42 631-298-8614 CHRISTINE D RIVERA PAGE 02 Prop zl® 7 ¢i9,, 31 rae 2i 2 . t bylD7TMpR5 CONSULTGMTS I. ®2-®8 1®128s� i ' IF 10) k 4) ( TO: Towa Board Zone Board of Appeals Town of Southhold • • j FROM: Efthalia•Catos • j DATE: May 2,2000 • RE: Lot/Address 675 Summit Drive,Mattituck,LI,NY r°G I am the fee holder of 365 Summit Drive,Mattituck,NY. I have no objection if 675 Summit Drive is developed with a one family ho` conforms to local zone requirements, i. mwgi 4ktr,, EEfthe --s—Kato • • P • • 4 � ••I II . .• Sent by:D1TMARS CONSULTRNTS May-02-00 10:28arr from 718 726-7912631 298 8614 page 2i 2 TO: Town Board Zone Board of Appeals Town of Southhold,• - - ,f. r Eftlialia'.Katos - D,A.TE: May 2,2000 RE: Lot/Address 675 Summit Drive,Mattituck,LI,NY I am the fee holder of 365 Summit Drive, Mattituck,NY. I have no objection if 675 Summit Drive is developed with a one family home,which conforms to local zone requirements, , 4.sktr, Efthal Katos TRANSMITTAL ME]. TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: `'Mal d-o®° SUBJECT: File Update C'' MP-4/444-2/46; J "A �i�Led- A511-/t With reference to the above application, please find attached the following new information added to the official ZBA office file: ` _....e.y.. ii,_4___&t.-, ...__&&2‘Le-teri- 41/2a44../Xeels- eti 37il" il-ca-4-4-<--i- Comments: eeciy, a.0-6,49 '7‘6 e./42,:e4-4( arti-0-11 err/- Number of Pages Attached: i TrMemo.doc chetti,PE 631-614-3516 To Patricia C.Moore Date:05/04/2000 Time:9.18-58 AM Page 2 of 2 ��;r 4,0% :„,,,/,,,y4. ilee-c /2,"? PROFESSIONAL ENGINEER i ./ HOBART ROAD/PO Box 616 SOUTHOLD, NEW YORK 11971 PHONE 631—765-2954 FAX 631—614-3516 / J Date: May 4, 2000 f Reference: Koch i Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 i I 1 Dear Pat, I have reviewed the site plan submitted part of a ZBA application, for p/o lot#12 of Captain Kidd Estates which is next to and to the east of your clients,the Kochs, home. I have also visited the site to help make an evaluation. In my experience as a builder and engineer for 30 years, I am not able to determine the reason for the hardship requiring the variance for the reduction of the rear yard setback. There are no unusual topographic changes in the lot, it is very much consistent from front to back. If the applicant could supply the Zoning Board, additional information, the hardship, and • possible suggested solutions, could be known. I would require at least the following: 1. First floor and basement floor elevations 2. Locations of any garages and/or driveways • 3. Locations of any retaining walls and proposed final grades 4. Proposed location of the sanitary When designing a ct)stamt home on a unique lot,there are many tools that can be used to make i the project feasible within the guidelines of the Zoning Code. ery truly yours, . , ,1 . . l ose I h Fischetti,PE i , ,1 ( /\6 ( -i r, vve d C:#0.j ; 0 4 Ol °I eV s.� •C' 1 ‘4. rf 00% ' alts. T:. 6 a� �. �' C) i cC r 0 ttt , ,Oit1 1. p1 `1 `� C9 or yyt 00 Ott 1,` 9yS •. ? �) 96 ` , 11. �,N ' cis ey ttC �, z ON�ti t5t a � V9l (9T)*:. 4. ` CPt Cr2 �, : s1.0 S 1 AV Q9 (ET) T to pZt o lSe ,C. 5t a CAV t g, p< < opt at g, t 9�t 43• '04t4'Q� t sr� s� �t , W--0% ��y '� ao .fit' °fir �`� sti%a t` i tP Mitt, � -9„ V.'s' �il�pS$' d 1/41-ss‘ ♦ -6% 4#�� C��(61 d� m'� CIS Citi . CP . $ or Z �� m - 5l • ^o `d�t'�2 ea_ �L��r �� yd 6[ �� • 9ti.a� l `.Z,S. 0, � �r © S. L sal ytt 0 .t apt `A .cit' o D t ttt OOt os ,` , S Ore_ �� ttttl apz. COS 6S'tl r 03% d oZ,itVg �� z �9U MO o all" 0 `t° �'`�' sr N�'d apt �� v •� OZ." 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';',-,...•.-a* _ ` - •..'"7..-;..4111 ...!--4.1' `., c•` iy 4r \srV•' :;,'CX 1 �L „ ;, _1i n,r f ': t � r � •4rz - _ _ _i.s , , ! •*- , � �d , • i : �f7 , . � ,a• ~ ••r •t :rr �j M, ftfw� •i, t -i� ...',.• '£i .-1.•i5 {, ••1�7%`..t el..�:�i �-1 i,r-•—`,� '. r .,....;,......:.,..-2:.:-,-„ ..!....,z.':_ • N'.' _S'N`TYidii 4. `-"`-r.'' ear • •••• � 1' , , � U n.f ' • `th � .[�-:fir � - - ;41 + • �.3. .4:::,,,.” -f"cs.--'�,.s d � — . • + ••:1.-:••••.44.14.;4•4•••••••,4 t _ � '�cq_._moi.,. • { -.,4,..".......G b•-..t...;:'a V `fi F•,T 1 i , •, .xs � � "-..• • - `•• •••Y a •.psi \£•� At:: \ \\ • % t, ��! €alta .:...c ' istk: ..,••• f._� c. a� b4;,!.t • • • • -- '- - - - .. -- - _ ., _ y r 3 • i-t of / ? +-. • + • • • -- r s ` • - l . b ,, //-`Sgff®I4'.A ELIZABETH A. NEVILLE � ; Town Hall, 53095 Main Road TOWN CLERK e P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER :®� ��, Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ��<% ,,.rrte� ������� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER `2s ��� • ,,.i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 14, 2000 RE: Zoning Appeal No. 4818 Transmitted herewith is Zoning Appeals No. 4818—Richard Rivera for Chris Meskouris - Zoning Board of Appeals application for variance. Also included is a reason for area variance form, a copy of the Building Department notice of disapproval, copy of Building Permit application, copy of a section of Suffolk County Tax Map, ZBA questionnaire, two (2) copies of the survey, a copy of the title policy, a copy of the deed, and an applicant transactional disclosure form. ! j 1. jC KV- IS41n‹.-, ••• �J' r 10 ' CI9,lAMES MESK�URIS 127 BEVERLY RD. pt�UGtgS1+DN, NY 11343 ir:i "Act 16.,, , lb . pat u TN 1 NA coves That M 4- lei Rlt c, J tc- LJYV1 --...4--...,......„,.........,....,, ` y S TT T #1iFi ; ; +' '* *yx�* TT .. -.a.2.r 4:-a ca � .+ S0SYZ'± YT3 �iy ;. 'iS� 1S„ . 1 14 ; TSjiS's •Ty . +t4- �L"ii. X;Yiti. 0.".iT.,tLTY'S _ * .0 - • 0 m • na tin ,.../..,T .. 0 1111111 02 r ili !JCD• ";3 W "ni S 2 S 0 , ir3A ;1.• t.'*' c.) § co• WI 0 • till • • r?Z i- YS 'Fart*'aFT.......=-r i :i S14:._:....... +}= t+ �ieiYtt4..L thx T rT'r�f ►ir7 • CYC LOT 12 '- ` ' ,144 ., ° MAP OF f OLOTIZ • BLOCK JIB I -v . • ,�d.� CAPTAIN KIDD TATES - . F9� FILED JAN./9,f949k-FILE N2 1672 ' !` - SITUATED AT I F 41. ., r MAT vinic� INLET �. K; 1 ` LOT 13_t �• iv �ti \ A TTI TUCK TOWN OF SOUTHOLD `-�� SUFFOLK ca, N. ) O T16. l , \ '\ 9s ��\, ```1b_ \ \ . -\-N\\ ialt ,� y� o-ss_\ : .:ERT'FEr TO: , o-t ' • *\ •, e SE./R1TY TITLE GUARANTY" J �\� ,� Ns s�1zIg20 _ •\ L�9 ti t FOR- VRIS Al�SKOURE `�. JAMES AdESKi7JRf !'� \*.7X to.� .. sea and t• �"k� . iy; •.. \\\ _ 7 \ � surveying Ei NOTE: \, ;5`�,` Iii _- *„o � engneer�ng p.c. —r/ /1 DENOTES av as w.r s 4 `` 3., v5p • . :_� 6 \ 0 west main street .o riverhead, new york 1i9O1 t • Fs IBQ. 11.1• .\ �D '�° (516)369 -1717 1. $ 38 �t JOB N2 85-977 A� 0 AUG. 2, 1985 1000-106-01-47 SCALE: 1'=401 ' -LIBER 9846 PAGE 231 This Indenture, made the ).--- day of August nineteen hundred and eighty—five Between RICHARD A. MILLER, residing at no# Aldrich Lane, Laurel , New York 11948 IA party of the first part, and CHRIS MESKOURIS and JAMES MESKOURIS and MARY MESKOURIS, residing at 40-08 Morgan Street, Little Neck, New Yor'k,Interest of Chris Meskouris and James Meskouris as Tenants in Common; interest of Mary Meskouris as Joint Tenant. party of the second part, Witnesseth,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by . the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, 4,(14 All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and r,y �.. . ��., beim in]tre Mattituck, Town of Southold, County of Suffolk and State of :11SM0 New York, known and designated as part of Lot 12 in Block 1 on a certain � `' map entitled, "Map of Captain Kidd Estates , " and filed in the Suffolk County Clerk' s Office on January 18, 1949 as Map No. 1672 , bounded and described •as follows: , DIST: BEGINNING at a point on the northerly side of Summit Drive, said point 1000 marking the division line between Lots 11 and 12 in Block 1 as shown on SEC: the aforesaid map; running thence North 38° 00 ' 00" West, along said 106 . 01 division line, 236.71 feet; thence North 52° 00 ' 00" East, 100 .00 feet to the division line between lots 12 and 13 in Block 1, on said map; 01.00 thence South 38° 00 ' 00" East, along said division line 252. 03 feet to the northwesterly side of Summit Drive; thence southwesterly along the LOT: northwesterly side of Summit Drive the following two (2) courses and 047. distances : (1) along the arc of a curve bearing to the right having a 000 radius of 160. 69 feet, a distance of 63.71 feet; and (2) South 67° 46 ' 50" West 38. 32 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated June 27 , 1984 and recorded July 3 , 1984 in Liber 9593 op 442. R6 „� ,O $.. e ,, 1- e; REAL E^TA;'E , • 8Z6 AUG 7 1985 TRANSFI=IR TAX i SOFTOLK COUNTY Together with all right,title and interest,if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises;To Have AndTo Hold the,premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. And the party of the first part,in compliance with Section 13 of the Lien Law,covenants thatthe party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. In Witness Whereof,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. f • Richard A.\ \ , e.;4°...‘,4 �er I 2 A f rpersanally came `' -,J °J - oerore me On the °� of 19 before m RICHARD A. ,—. LER Personally came r to me known to be the individual executed the foregoing instrumentdandbed in a k owl� ed and who to me known to be the individual described in and whc executed the foregoing instrument, and acknowledgec that he executed the ame, g that executed the same. 4tl..4../it # l '.- HENR9 r r5XX1�i '1 i C NOTARY P*UC, Stan of Now York No. 4687817, Suffolk County C4free►utiorl Expirat Mach 30, 19 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF On the day of ss: personally came 19 before me On the day of 19 , before me to me known, who, being by me duly sworn, did depose and Personally came g say that he resides at No. the subscribing witness to the foregoing g instrument, with whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knpwg in and which executed the foregoing instrument; that described to be the individual iknowsand seal of said dthe corporation;rthat the seatm affixed to saheid described in and who executed the wassgores insand:t�fW that he, said subscribing witness, present and saVy> instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and execute the same; and that he, said witpesld, that he signed ii name thereto by like order, at the same iima subscribed h name as witness theietai r, 3 f , JF""rA axgatn a d Ohle Fir* sEcCK 3 � .. Nal With Covenant Against Grantor's Acts BLOCK LOT LW Title No. 5-410520— Coil OR TOWN MILLER COUNTY TO Recorded at Request WINE TITLE INRANCE i,QE SKO URI S Company of New Yixk RETURN BY MAIL TO Standard Form of New York William J Clarke BOard of Tite Underwriter* I Esq. Diatnb Of 4665 Main Road 11.'3J11E TITLE INSURANCE Company of New York Matt1't:UC]{, New Yc�gihr 11952 • 7 ,,, \....,.c.) t..... 2:.. rrt ca 0 $id xfes,, /��jj r =i.y Tyh;"i-i7.TiZ�1-ii i*� ',y;ZTi}TZ1L � - �##?�• ���� Lpi XF 1iiL=ii"i Zi Yi',i 1+Zs'inA:'2ii'I'i ".. a: r..T .1:1 ... * ..*:•- T_t�'iM.iL _l.r.4a .". 1'.T F•;Z IYN� S 7 r T S~*T*L S+T;L �4+T T+t T+►Ti T r*ir z 7� *# •3 �1•F • 1•` '''; Oh 0. gPt; • • OF 4+ POLICY OF TITLE INSURANCE 1 j No. s 910520 • �, lt Tam GU. AN° Y . V .' � �� p the payment of its charges for the exarrtiaation �1' r ht; �,�' of • title and its premium for insurance, insures the within named insured against • loss or damage not exceeding the amount of insurance stated herein and `� all � ' in 1 addition the costs and expenses of defending the title, estate or interest insured, �'4. "„�,� which the insured shall sustain by reason of any defect or defects of title affect- ing the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmarketability of the title of the rah insured to or in the premises, or by reason- of liens or incumbrances affecting d • title at the date hereof, or by reason of any statutory lien for labor or material • ;< rior to the date hereof which has now gained or which may here- i. • ,� furnished p . • + • ” after gain priority over the interest insured hereby, or by reason of a lack of • • �, exceptingall loss and damage by reason 1+ accessto and froth the premises, 4• the estates, interests, defects, objections, liens, incumbrances and other matters ii. 1; set forth in Schedule B, or by tine conditions of this poi cy it the eby in cornpeorr per- • I1.:1 N� intoted this the loss and the amount to be ascertmm �� �•. vided in said conditions and to be • payable upon cotr►pliance by the insured with •• ti•� �• N;►: the stipulations of said conditions, and not otherwise. ,• �• •ry h,•M ��p0seine4 •/■/��01 LD SECURITY TITLE ANIS GUARANTY COMPANY 4 i.H V K•R/blf � 9� �� a7'J r• N.N II 4• ,►i has caused this policy to be signed and sealed on its date of issue set forth herein. • • • oo itet 14'41 r.p 4460 • . i * M° AZ../ 0 h cp* qr , ,, 1.7+ . . 7,1 '' f• • '- . • Clw U fr° ..x. / . ! f h HH,1;v SEAL e, 4h • " , t 928 j . : e ; w *f Authorised Suture 4 • .., i V mar y�M� #zFaT♦rta#1+i•1,ii��' }i�iiirt#.►i�►,�rir.i�1 i•.yrt.YWTTT� 1F4F!#►F*4rt�Trtrt# i#trt4YFM•r!� -0'iPiYrOi•+'+4t#rtttbthti e _ rT7ST !4T�TtTiT]-S4 T=T TSttT T.T-rtT .T. -,iL'T.. _YTSIr * tT. rs, .T*trt .T .. • Se tion 1 DIEFINMONS was justified became m infect or Incumbrance not e:. (a) Wherever the teras 'islattrsd" is tread an this polky it includes Paler. these who succeed to the interest of the insured by operation of law (f) Where the insured shall have transferred the title in■u, including, without limitation, heirs. distributees, devisees, survivors, instrument containing covenants in regard to title or warranty personal representatives, next of kin or corporate successors, w the and there shall have been a final determination on any of such case may be, and those to whom the insured has assigned one polio nano or warranty. against the insured, because of a defect or inn. where such asslanm4nt is permitted by the terms hereof, and whenever bran"not ercxpted in this policy. the tarn "Mowed" is used in the conditions of this policy it also (g) Where the Insured estate or interest or a part thereof has been includes the attorneys and agents of the "insured" taken by condemnation and it has been finally determined that the (b) Wherever the term "this company" is used in this policy it insured is not entitled to a full award for the estate or interest taken mean SECURITY TITLE AND GUARANTY COMPANY because of a defect or incumbrance not excepted in this policy. (c) Wherever the term "final determination" or "finally determined" No claim for damages shall arise or be maintainable under this le used in this policy, it means-the final determination of a court of policy (1) if this conipany, after having received notice of an alleged competent jurisdiction after disposition of all appeals or after the time defect or incumbrance, removes such defect or incumbrance within to appeal has expired. thirty days after receipt of such notice; or (2) for liability voluntarily (d) Wherever the term "the premises" is used in this policy, it assumed by the insured in settling any claim or suit without the means the property insured herein as described in Schedule A of this written consent of this company. policy including such buildings and improvements theme which bySecti®n 4 NOTICE OF CLAIM law constitute real property. (e) Wherever the term "rmcorded" le used in this policy it mesa►, In cue a purchaser or proposed mortgage lender raises any question unless otherwise indicated, recorded in the o}fiee of the recording officer as to the sufficiency of the title hereby insured, or in case actual of the county in which property insured herein lien, knowledge shall come to the insured of any claim adverse to the title iSection 2 DEFENSE AND PROSECUTION OF SUITS of y hereby, or In cysa of tre servicemmoon or receipt bthe insureda any paper, or of any notice, anmmons, process or pleading in any (a) This company will. at its own cost, defend the insured in all action or proceeding, the object or effect of which shall or may be to actions or proceedings founded on a claim of title or incumbrance not impugn, attack or cell in question the validity of the title hereby tempted in this policy. insured. the insured shall promptly notify this company thereof in (b) This company shall have the right and may, at its own cost. writing at its main office and forward to this company such paper or maintain or defend any action or proceeding relating to the title or such nottee, summons, proem or pleading. Delay in giving this notice interest hereby Insured, or upon or under any covenant or contract and delay in forwarding such paper or such notice, summons, process relating thereto which it considers desirable to prevent or reduce loss or pleading shall not affect this company's liability if such failure has hereunder. not prejudiced and cannot in the future prejudice this company. (c) In ail cases where this policy requires or permits this company Section 5 PAYMENT OF LOSS to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all Is) This company will pay, in addition to the loss, all statutory appeals from any determination therein, and give ft all reasonable aid curets and allowances imposed on the insured in litigation carried on therein, and hereby permits it to use therein, at its option, its own by this company for the insured' under the terms of this policy. This name or the name of the insured. company shall not he liable for and will not pay the fees of any (d) The provisions of this section shall survive payment by this counsel or attorney employed by the Insured, company of any specific lora ar payment of the entire amount of this (b) In every use where claim is'made for loss or damage this policy to the extent than this company shall deem it necessary in company (1) reserves the right to settle, at its own cost, any claim or recovering the loss from those who may be liable therefor to the suit which may involve liability under this policy: or (2) may termi. insured or to this company nate its liability hereunder by paying or tendering the full amount of this policy: or (3) may, without conceding liability, demand a value- Section 3 CASES WHERE LIABILITY ARISES lion of the inanred estate or interest, to be made by three arbitrators No claim for damages shall arise or he maintainable under this policy or any two of them, one to be chosen by the insured and one by this except in the following cases; company, and the two thus chosen selecting an umpire. Such value- (a) Where there has been a final determination under which the tion, less the amount of any incuntbrancea on said insured estate and insured may be dispossessed, evicted or ejected from the premises or interest not hereby insured against. shall be the extent of this con. from some part or undivided share or interest therein. parry's liability for such *Lin and no right of action shall accrue (b) Where there has bean a final determination adverse to the title, hereunder for the recovery thereof until thirty days after notice of upon a lien or incumbrance not excepted in this policy. such valuation shall have been served upon this company, and the (c) Where the insured shall have contracted in good filth in writing insured shall have tendered a conveyance or assignment of the insured to self the insured a tate or interest, or where the Insured estate has estate or interest to this company or its dc. cnee at such valuation, been sold for the btnefst of the insured pursuant to the judgment or diminished as aforesaid. The foregoing option to fix a valuation by order of s court and the title has been rejected because of a defect or arbitration shall not apply to a policy insuring a mortgage or leasehold ineambrance not excepted in this polity and there has been a final interest. determination sustaining the abjection to the tide. (e) Liability to any collateral holder of this policy shall not exceed (d) Where the insurance is upon the interest of a mortgagee and the the amount of the pecuniary interest of such collateral holder in the mortgage has been adjudged by a final determination to be invalid or premises. Ineffectual to charge the insured's estate or interest in the premises, or (d) All payments made by this company under this policy shall subject to a prior lien or incumbrance not excepted in this policy; reduce the amount hereof pro unto except (1) payments made for or where a recording officer has refused to accept from the insured a counsel fees and disbursements in defending or prosecuting actions or satisfaction of the insured mortgage and theta has been a anal deter- proceedings in behalf of the insured and for statutory costs and allow. minatica sustaining the refusal because of a defect in the title to the ances imposed on the insured in such actions and proceedings, pad said mortgage. (2), if the insured Is a mortgagee,payments made to satisfy or aubordi- It) Where the insured shall have negotiated a loan to be made on nate prior liens or incumbrances not set forth in Schedule R. the security of a mortgage on the insured's estate or interest in the (e) When liability has been definitely Axed in accordance with the premises and the title shall have been rejected by the proposed lender conditions of this'policy, the Ines er damage shall be payable within sued it shall have been kally determined that the rejection of the title thirty days thereafter. CONDITIONS CennINvao OM INSIDE DA=Coven 1 , CONDITIONS CONTINUID FROM 1N$1D11 nom'COWL member companies for continua** of liability to Sanies. of the insured in certain specific circ msean� only. Ie no sh ag. Section the CO-INSURANCE AND APPORTIONMENT theTi4Nd makes provided for in this section .hall this company be deemed to have (a) In event that a partial loss occurs after insured inhat form of the assignment al other �+ titt- an improvement subsequent to the date of this policy, and only in insured the sufficiency of the event, the insured becomes a co-insurer 10 the extent hereinafter set meet of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. torch. r centum of the SUBROGATION If the cost of lic Itsuchvproportioement f exceeds any Partial loss estab• Section 8 �tit of lone amount of this policy. such proportion. per (a) This company shall to the extent of any Payor by lisped shall be borne by thecompany bears as onethe sumhundred twentyhe gen• ( this policy, sal subrogated all tights of the it with tum of the and the a this policy to thempr of the amount °( under thereto. The, be insured sate toile snob instruments insured as may be this policy and the amount expended for improvement, The fore requestedt to transfer such rights to this The rights so *rata. by h provisions shall not apply to costs and attorneys'hdef fees incurred rerel shall be subrrsichte gh at to tloin company.yThe ti the intrans- or the company in pxalecsttirii or providing for the defense of this this company's right ofe insured. or proceedings inp behalfeof the insured in to the terata of thin (b) If the insured is a mortgagee, and or to cosimposed on the insured in such actions or int the tion shall not prevent the insured from releasing thep� aalpiiabi mises and ,hall apply only to that portion the lossesicy of the obligor or guarantor or from releasing.a portion from the lien of the mortpge or from increasing or otherwise modify. agProvi a ten per cent of the face of co-insurance „talons shall the insured mortgage provided such acts do not affect the validity however, that the foregoing coinsurance prothe liability Provided, or priority the lien of the mortgage insured. However, not dated a to nay ich existed out a nlien or tis pol cy andx wase doe an ua � this policy age nevoat vebe inceaiab hY shin Schedule ht which p on1 the date of this policy of this company provided further, such ao-insu:aaoe provisions any such act of the nasund- shawn of apply to 8; and p ee of such lame, 8 �y �g$NT�'I'ItOIK shall not of any lore if, s. the sco im°��.d exceed one Section the then value the pratatses. Any untrue statement made by the insured, with respect to any hundred twenty per centum of the amount of this dependent parcels. material fact, or any suppression of or failure to disclose any material fb) If the premises are divisible into separate, inquiries before and a loss is established affecting one or more but not all of said fact, or any untrue answer by the sed, tomaterial the issuance of this policy.shall void Pak'''. if is, the loss were e pro and settled to value of said separate, NO WAIVER OF CONDITIONS if this policy were dividedupro Section 10 independent Parcels, exclusive of improvements made subsequent totake any appropriate action under the terata of the date this policy. This company may (c) Clauses "(a)" and "(b)" o{ this section apply to martgaBe ibis policy whether or not it shall be liable hereunder and shallnot policies only niter the insured shall hi" acquired the interest of the thereby concede liability or waive any provision of this policy. mortgagor. lds another policy ISE CONTRACT (d) If, at the time liability for any loss shall have been fixed per. Seddon lI � R must be based on in to the cconditions the this policy, theu insured y ohther company, AR actions or proceedings against this company of insurance•h l not be same loss issued bythe provisions of this policy. Any other action or actions or rights of greater Proportion of .list this tympany bears to the whole amount of action that the insured may have or may bring ad company !hall not be liable to the insured for a p Po the the loss than the amount that this lespolicy in respect of other services rendered in conoection andithe restricted issuance insurance held any the providedinsured, byas greener methodetwoft is company of this policy, shall he deemed to have merged o the tees shallhersur been urs. agreement between its terms and conditions.VALIDATION AND MODIFICATION and the nher insurer or insurers. OF POUCY Section 12 Section 7 AS$IGNMEN'rsigned by an authorized visna• this policy is that of a mortgagee, this This policy is valid only when duly If the interest insured byeffected only by written endorsement. If the Changes may be policy mayor its en• recording date of the instruments creating the insured interest i.�l'te a be assigned to and shall inure to the benefit of successive tory. tz assignees of the mortgage withoutovi consent ofe this the rate than the policydate, such policy shall also cover intervening taxes, assessments, water charges and NewYost Board this ofpolicy.itlProvision is made in h rate nen! of incumbrances, except real estate Yost Title ZTndcrwritcrs filed with the Superintendent of Insurance of the State of New York on behalf of this and other sewer rents. ENDORSEMENTS 1 Policy No. S-910520 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and , being at Mattituck, in the Town of Southold, County of Suffolk and State - of New York, known and designated as part of lot 12 in Block 1 on a cer- tain map entitled, "Map of Captain Kidd Estates" and filed in the Suffolk County Clerk' s Office on January 18 , 1949 as map number 1672 , bound and described as follows: BEGINNING at a point on the northerly side of Summit Drive said point marking the division line between lots 11 and 12 in Block 1 as shown on the aforesaid map; RUNNING THENCE north 38 degrees 00 minutes 00 seconds west along said division line 236.71 feet; THENCE north 52 degrees 00 minutes 00 seconds east 100 . 00 feet to the division line between lots 12 and 13 in Block 1 on said map; THENCE south 38 degrees 00 minutes 00 seconds east along said division line 252. 03 feet to the northwesterly side of Summit Drive; THENCE southwesterly along the northwesterly side of Summit Drive the following two courses and distances: 1. Along the arc of a curve bearing to the right having a radius of 160. 69 feet a distance of 63. 71 feet; 2. South 67 degrees 46 minutes 50 seconds west 38. 22 feet to the point or place of BEGINNING. P-✓S itc• 6;X7 Name of Insured Policy No. S-910520 Chris Meskouris and James Meskouris and Mary Meskouris, Interest of Chris Amount of Insurance $ 72 ,000 .00 Meskouris and James Meskouris as Tenants in Common, Interest of Mary Date of Issue August 2 , 1985 Meskouris as Joint Tenant The estate or interest,insured by this policy is fee simple vested in the insured by means of a deed made by Richard A. Miller to the Insured dated August 2 , 1985 and . recorded in the Suffolk County Clerk' s Office. SCHEDULE B ' The following estates.interests.defects.objections to title.hens and incumbrances and other matters are excepted front the coverage of this policy I Defects and incumbrances arising or becoming a lien after the date of this . 5,Title to any property beyond the lines of the premises,or title to areas within policy,except as herein provided. or rights or easements in any abutting streets, roads, avenues,lanes,ways or waterways,or the right t maintain therein vaults,tunnels,ramps or any 2.Consequences of the exercise and enforcement or attempted enforcement other structure ar improvement,unless tits policy specifically provides that of any governmental,war or police powers over the premises. such titles, rights, or easements are insured. Notwithstanding any provi- 3.Any laws,regulations or ordinances(including,but not limited to zoning, skins in this paragraph to the contrary. this policy, unless otherwise ex- building,and environmental protection)as to the use,occuppancy, subdivi- muted,insures the ordinary rights of access and egress belonging to abutting sion or improvement of the premises adopted or imposed.by any govern- owners. mental body,or the effect of any noncompliance with any violation thereof. 6.Title to any personal property,whether the same be attached to or used in 4,Judgments against the insured or estates,interests,defects,objections.liens connection with said premises or otherwise. or incumbrances created. suffered, assumed or agreed to, by or with the privity of the insured 7. Long Island Lighting Company Easement in Liber 7472 Cp 65 . 8. Declaration of easement in Liber 8435 Cp 97. 9. Amended declaration of easement in Liber 8844 Cp 593. 10 . Water charges , if any. • 11. Survey made by Roderick Van Tuyl , P.C. dated August 13, 1981 shows vacant land. Shows a right, of way along the northerly and easterly portions of premises. No other variations. Policy excepts .any changes since August 13 , 1981. 12. Any, state of facts a personal inspection of the premises may disclose. • J . r i QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the 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. ) . B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? I} Yes ( } No. (If Yes, please attach copy of "con tions" of sale. ) C. Are the a any proposals to change or alter land contours? ( } Yes } No - - D. 1. Are there any areas which contain wetland grasses? Aid 2. Are the wetland areas shown on the map srhmitted with this application? dL'-u , 3 . Is the property bulkheaded between the wetlands area and the upland building area? /l/d 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Afl/o E. Is there a depression or sloping elevation near the area of . proposed coction at or below five feet above mean sea level? n (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and,,/are not shown on the survey map that you are submitting? 9vi0 If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /o 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 yyrr/�any co-owner also own other land close to this parcel? AA) If yes, please explain where or submit copies of deeds. I. Please list pre ent use or op r ons conducted at this parcel U4 - and - proposed use 14: G Authorized grtature Date 312-7/1 3/87, 10/90Ik . APPLICANT TRANSACTIONAL DISCLOSURE FORH ! The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information 'which can " alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: '• J,. (Last name, first name, middle initial, unless ; you are applying in the name of someone else or f 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 Change of zone Approval of plat Exemption from plat or official map Other (IC "Other," name the activity. ) ;;i •,b:,', $i Do you personally (or through your company, spouse, sibling, t" parent, or child) have a relationship with any officer or • employee of the Town of Southold? "Relationship" 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 Lown officer or employee or his or her spouse, sibling, -',;* parent, or child is (check all that apply) : :ii,i„ A) the owner of greater than 5% of the shares of the °i'" corporate stock of the applicant (when the applicant 443; 3 i., is a corporation); hi f t��,,,., B) the legal or beneficial owner or any interest in a ?11,1';. noncorporate entity (when the applicant is not a 1,4>i''',. 1}x14 corporation); ii C) an officer, director, partner, or employee of the applicant; or +, , D) the actual applicant. y„�4 DESCRIPTION OF RELATIONSHIP l . i ; iii,,.• gSubmitted this ;'96/ day of " , 1 9'0 }g'j}f '., ,, ':,. • SignaturetCt-v' _ 1)ii? Print name` �i-fr) ./ k (7 S�iy;3:; , I .4i r,7 le? .21 C// 1? S 7��-s oc,/�/s et?,721e)r-lef....,_ g/1/4?,s _7—, ,.e, ---. / 0 ,, 1 -v `,// r y6--f o it/ 7772'8 i( C z 3 .¢ , X14,?i d. G eim./ e/) ?d-o,-6, & Z✓Cie"--b"r) a ..S ) c1/ , /02 /4 Z- .A6k 2 -?3 )i /72-t-79-ie.,,(7- ie //—a a `r.l 10/77 ( ` �Oe/d Adestammai ioillOr,"; , J TI TLE NO 8308 -087809 , / . ‹ Lot // , 17i \ \ // \ ' N.52°00 00 �E. /00.00 � .L,I Io.5 I 4-102.0 14' 2. i1 , Right of Way f •-,t\ ,' ,,_. 1 I co, • \ 103.E I . 99.0 • 1 . • fI :i _ — Co— � — — — %\o .9 \o•ma ��<, �V G. Lot 10 8a �c Lot /2 - , s F � O 4/0,, s., �4ck„ ,z' S r':15— V' 94.9 � s�.- 4 Q Q ?,9 24,5' 38 >5 b 4 kr ,O 2' j 940.10 50 7 a8.9 Sm • xx/� C) Ar = 2/, 27/ .ft. • i` / .....1-ti% . 90.'1 )135‘o O ' CO a1 81.8 79 4, 78do ' S • •80e O C20-2.„_,' 0 S&4.7m • oss pPF �Z,1' 30.00. e -12.o N4 • ss�°mss; �\ 73.9 0 3 •• - 90 ! \ • Q�/� 5p�� R=/60.69 • SUFFOLK COUNTY HEALTH DEPARTMENT SURVEY FOR p_ GEORGE DEMETROULES H, D. REFS $# '��' �� " APR. /4, /983 �9A I1� PART OF LOT NO. // CAPTAIN KIDD ESTATES DATE --- — _ _ 1-f 4T -M4TT./T�//'K DATE: PE8. 23,/983 II ;moi;W Tho ”r1"-r'" - ' - ` '..-,,re been TOWN OF SOUTHOLD SCALE: / = 30' Sac i 1; - • ;---a round SUFFOLK COUNTY, NEW YORK NO. 83 - 89 . inanc' : - - - to be .t ,;• l '`.# ^/J PI��YAUTHORIZED ALTERATION OR ADDITION TO THIS GUARANTEED TO Sy` 0 J..L;,,._ C7 �''-• ��// SURVEY IS A VIOLATION OF SECTION 7209 OF THE Chia of General Engineering NEW YORK STATE EDUCATION LAW CHICAGO TITLE INSURANCE CO. *COPIES OF THIS SURVEY NOT BEARING THE LAND 'SOUTHOLD SAVINGS SANK �81vioe8 SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL , NOT BE CONSIDERED TO BEA VALID TRUE COPY NGUARANTEES INDICATED HEREON SHALL RUN ONLY TOC p/E OF NE-u. HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IS PREPARED , S L- AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- tD W .y * NEAREST WATER MAIN MI. *SOURCE OFNWATER, PRIVATE PUBLIC MENTAL AGENCY AND LENDING INSTITUTION LISTED r^ *SUFF CO. TAX MAP DIST 100.0-SECTION la<0 BLOCK'QL LOT 42'Z HEREON,AND TO THE ASSIGNEES OF THE LENDING o *THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE ( ' gn�r. G OTHER THAN THOSE SHOWN HEREON. TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT / ; Fes: - Z0 N THE WATER SUPPLY-AIdOSEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE OWNERS l,�.��T7. ; s" ,l + *DISTANCES SHOWN HEREON FROM PROPERTY LINES i "-/ 1}, ^ I ., WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT TO EXISTING STRUCTURES ARE FOR A SPECIFIC � `.`� �;. I OF HEALTH SERVICES. `'" , APPLICANTS PURPOSE AND ARE NOT TO BE USED TO ESTABLISH ` PROPERTY LINES OR FOR THE ERECTION OF FENCES e,C 'O Wag3 ADDRESS �-r:� - - - a , E`l- P • TEL. YOUNG a Y0W 1 .� SWI II'IVE•� ,'NEW YORK E . NOTE: r = MONUMENT • ALDEN W.YOUNG,PROFESSIONAL ENGINE Rt, , , , ' A{ •SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF - u , I i{c,_:i d nQ SUFFOLKCOUNTYON JAN./9, /949 ASF/LEND. /672 AND LAND SURVEYOR N.Y.S.LICENSE N0.I V'0 it431,¢ 0330 rij *THE LOCATION OF.WELL(W),SEPTIC TANK(SST)d CESSMOLS(CP)BROWN HEREON HOWARD W.YOUNG, LAND SURVEj�QPPAI „l1 LHIA} ti +'•I:itil n J N.Y.S.LICENSE *0.4$893 (� ARE FRO I FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS BRAIWIS & SONS, INC. 1618: - ' APPEALS BOARD MEMBERS ,/c0� c FFOL4 t; ,'p� CCG; Southold Town Hall 'e, 'Gerard P. Goehringer, Chairman ,�� a y� • 53095 Main Road James Dinizio,Jr. y • ;:., :" ; _ ; P.O. Box 1179 Lydia A.Tortora � Southold, New York 11971 Lora S. Collins `;'f' p� �� ZBA Fax(631) 765-9064 George Horning '=RC1 41 4;1. Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 8, 2000 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 8, 2000 commencing at 6:38 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:38 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA REVIEWS/DETERMINATIONS: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to ADOPT the following RESOLUTION: BE IT RESOLVED, to declare the following designations of Type II and Unlisted projects, and to declare No Adverse Effect on the Environment for the following: Unlisted Action Category: Appl. No. 4823- L. and M. Beninati. Accessory B & B. Type II Category: Appl. No. 4820- D. Principi (setback). Appl. No. 4821 - E. Romagnoli (lot coverage and setback) Appl. No. 4825 - S. Testa (setbacks). Appl. No. 4826 -W. Penny III (building width) Appl. No. 4827-V. Mangiamele (waiver to unmerge lot) Appl. No. 4828- R. D'Urso & ors. (waiver to unmerge lot) Appl. No. 4829 - Dr. A. and W. Peluso. Garage Addition (Setback). Appl. No. 4830- B. Hess (setback) (continued on next page) Page 2 —Minutes - •' June 8, 2000 Regular Meeting Southold Town Board of Appeals • • Appl. No. 4831 - D. and J. Dey(yard location) Appl. No. 4832 -J. Sleckman (setback). Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. * * * 4T Il. PUBLIC HEARINGS:. The Chairman introduced each application and proceeded with public hearings. Transcripts of the statements and discussions for the following hearings have been prepared by Lucia Farrell under separate cover. 6:39 p.m. Appl. No. 4820 - DOLORES PRINCIPI. This is an application under Article XXIX, Section 100-239.4A and submitted pursuant to Conditions set forth under ZBA Appeal No. 4225. Appeal No. 4225 was denied on May 4, 1994, with an exception for temporary placement of the existing cottage without expansion or enlargement for a limited period of up to five years in a location less than 100 feet from the Long Island Sound bluff. Applicant is requesting approval by the Board of Appeals for issuance of a Certificate of Occupancy as exists in its present-=:, location. Location of Property: Lot No. 2, Map of Blue Horizons, 4660 Blue Horizons Bluff: j, Peconic; Parcel 1000-74-01-35.52. Mrs. Dolores Principal and her son, Richard Joseph Principi, Jr. both spoke in behalf of their application. Board Members asked for up-to-date information, an updated survey and other information that would show the condition of the bluff and changes during the past 6+- years. The Chairman indicated he is waiting for recommendations from the Suffolk County Soil and Water Conservation District Office. The applicants asked for a postponement to the September meeting in order to provide the requested updates. (Please see written transcript of hearing prepared separately.) RESOLUTION: Motion was offered by Ohairrnan Goehringer, seconded by Member Horning, and duly carried, to RECESS the hearing for a continuation at the Board's September (14th) Regular Meeting. This Resolution was duly adopted (5-0). 7:10 p.m. Appl. No. 4823 - LEE AND MARIE BENINATI. This is a request for a Special Exception under Article III, Section 100-31B(14) for renting of rooms in the owner-occupied dwelling for lodging and serving of breakfast to casual and transient roomers. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owner- residents of the dwelling. Location of Property: 3070 Peconic Lane, Peconic, NY; Parcel 1000- 74-3-15. Mr._and Mrs. Beninati spoke in behalf of their application. (There were no objections offered by anyone in the audience. Please refer toWerbatim transcript prepared separately.) RESOLUTION: After receiving testimony, the Chairman offered a motion to close the hearing, seconded by Member Homing, and carried unanimously. This Resolution was duly adopted (5-0). 7:13 p.m. Appl. No. 4829- DR. ANTHONY and WILHELMINA PELUSO. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's April 21, , t k Page 3 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 2000 Notice of Disapproval for the reason that the proposed garage addition will not meet the code requirement for a ten (10) ft. side yard setback. Location of Property: 185 Inlet Drive, Greenport; Parcel 1000-43-4-37. Dr. Anthony Peluso spoke in behalf of this application. After discussions, Board Members asked Dr. Peluso if he would accept alternative relief in the event that a vote would not pass for approval, and Dr. Peluso wanted time to consider before answering the :question. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing as requested by Dr. Peluso for a continuation on July 6, 2000. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing, Collins. This Resolution was duly ADOPTED (5-0). 7:34 p.m. Chairman Jerry Goehringer recused himself and left the room while the hearing was held. Chairman Pro Tern Jim Dinizio chaired the meeting at this time. 7:34 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued' stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location Of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. appeared for the applicants and requested a recess for the reason that the owner of the lot merged with his client's property was not given notice by their office. RESOLUTION: Motion was offered by Chairman Pro Tern Dinizio, seconded by Member Homing, and duly carried, to RECESS the hearing for a continuation on JULY 6, 2000 as requested by applicants' attorney. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. 7:40 p.m. Chairman Goehringer returned to the meeting at this time, and Chairman the remainder of the meeting. 7:40 p.m. Appl. No. 4825 - STEPHEN TESTA. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 2, 2000 Notice of Disapproval for the reason that the proposed addition to dwelling will increase the degree of side yard nonconformance. The existing side yard is nonconforming at 13.7 feet on one side, and the code requirement is 20 ft. minimum. The existing side yards combined are nonconforming at 21.3 feet, and the code requirement for both sides combined is 35 feet. Location of Property: 545 Reeve Avenue, Mattituck; Parcel 1000-114-9-9. Catherine Mesiano spoke in behalf of the Testa application. (Please see verbatim transcript for discussions.) (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). • Page 4 -Minutes - • June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:45 p.m. Appl. No. 4827 - VINCENT MANGIAMELE. This is a request for a Lot Waiver under Section 100-26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31. Applicant's request to build on Lot 3 was disapproved on January 25, 2000 under Section 100- 25A for the reason that Lots 3 and 31 have been held in common ownership. Location of Property: Bray Avenue and Sixth Street, Mattituck. Gary Flanner Olsen, Esq. spoke in`behalf of . the applicant. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:54 p.m. Appl. No. 4831 - DOUGLAS AND JANE DEY. This is a request for a Variance under Article III, Section 100-33 based on the Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the proposed accessory in-ground pool and pool house are located within front yard on Ship's Drive frontage instead of the required rear yard. Location of Property: 4745 North Bayview Road, Southold, NY; Parcel 1000-79-3-24.1. Mr. and Mrs. Dey spoke regarding their application. (There were no objections offered by anyone in the audience.;, RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:56 p.m. Appl. No. 4826 -WILLIAM A. PENNY III. This is a request for a Variance under Article X, Section 100-103C based on the Building Inspector's January 6, 2000 Notice of Disapproval for the reason that the proposed new storage building in this B-General Business Zone District will have more than sixty (60) linear ftr, of frontage on one street. Location of Property: 45450 C.R. 48, Southold; Parcel 1000-55-5-2.2. Mr. Penny spoke in behalf of his application and submitted an elevation map for the record. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation on JULY 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:16 p.m. Appl. No. 4832 - JAMES SLECKMAN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 11, 2000 Notice of Disapproval which states that the as-built deck addition does not conform to the required front yard setback of 35 ft. minimum. Location of Property: 375 Oak Drive, Southold; Parcel 1000-77- ' 2-12. J. Kevin McLaughlin, Esq. spoke in behalf of the applicant. (There were no objections offered by persons in the audience.) At this time the Board deliberations and granted the applied as applied for. (See attached official findings and determination/resolution, the original of which was filed with the Office of the Town Clerk.) Page 5 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:25 p.m. Continued hearing: A & S SOUTHOLD OIL CORP. (with E.M. & T. Inc.). Property Location: 49670 Main Road, Southold; 1000-70-7-4. Architect Garrett Strang spoke in behalf of the applicant. After further discussions, the Board indicated that it is requesting Planning Board comments since their department's reviews of Mr. Strang's June 6, 2000 letter and map ';information prior to the next ZBA public hearing (July 6, 2000). Opposing the code-authorized convenience store use, lighting and increased hours of business operations was Victor Trunce, immediate neighbor in the residence across Bayview Road. RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation to be held JULY 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:00 p.m. Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing nonconforming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Property: 1230 First Street, New Suffolk; Parcel 1000-117-7-29. Patricia Moore, attorney, appeared in behalf of Mrs. Romagnoli. (There were no objections offered by persons in the audience.) RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:22 p.m. Appl. No. 4830 - BENNETT HESS. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the proposed dwelling construction will not have a front yard setback of 35 feet on North Oakwood frontage. Location of Property: Corner of Peconic Bay Boulevard and North Oakwood Road, Laurel; Parcel 1000-145-1-5. Denis Dugan, A.I.A. spoke in behalf of the applicant. (There were no objections offered by persons in the audience.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:28 p.m. (Continued hearing from May 4, 2000): Appl. No. 4818 - CHRIS MESKOURIS & ORS. Property Location: 675 Summit Drive, Mattituck, NY; Parcel 1000-106-1-47. Chris Rivera j spoke in behalf of the applicants. Opposing the application were Vivian Koch by Patricia Moore, who indicated an Interpretation Appeal will be forthcoming with respect to definitions (setbacks < from a right-of-way). Chairman Goehringer offered a motion, seconded by Member Dinizio, to POLL the Board about closing the hearing based on the owner's application requesting variance relief. Members Dinizio, Tortora, Collins and Homing chose not to close the hearing. f 1 Page 6 —Minutes - June 8, 2000 Regular Meeting Southold Town Board of Appeals RESOLUTION: A motion was then offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing to July 6, 2000. Vote of the Board: Ayes: All (5). End of hearings. III. DELIBERATIONS/DECISIONS: A. Carryover from previous meeting: ... Denial with Alternative Relief: Appl. No. 4804-A. Gaddis Approval with Conditions: Appl. No. 4816- V. Daley B. Carryovers from tonight's hearing calendar. Approvals: Appl. No. 4830- B. Hess Appl. No. 4827 -V. Mangiamele .--'-'N... Appl. =°- Appl. No. 4831 - D. and J. Dey ., Appl. No. 4825- S. Testa Appl. No. 4821 - E. Romagnoli Approval with Conditions: Appl. No. 4823- L. and M. Beninati IV. RESOLUTIONS/UPDATES/OTHER: A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to authorize advertising of the following new applications to be held Thurs., July 6, 2000: 6:30 p.m. Appl. No. 4829 - Dr. ANTHONY PELUSO. Proposed garage addition with insufficient side yard setback at 185 Inlet Drive, Greenport. 6:35 p.m. Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI, Contract Vendees (Limpet Corp.). This is a request for a Variance under Article XXIV, Section 100-244B, .:based on the Building Department'su:May 12, 2000 Notice of Disapproval. The reason that the application for a building permit for a one-family dwelling was disapproved is that the proposed structure is located at 20 feet with a cantilever and 18 feet in the rear, and the Code requires a minimum rear yard of 35 feet on this 11,107+- sq. ft. lot. Location of Property: 1510 East Gillette Drive, East Marion; Parcel 1000-38-3-25. It Page 7 —Minutes • June 8, 2000 Regular Meeting Southold Town Board of Appeals IV. RESOLUTIONS/UPDATES/OTHER, CONTINUED: 6:40 p.m. Appl. No. 4838 - EDWARD SIDOR. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's June 9, 2000 Notice of Disapproval. The reason that applicant's request for a building permit was disapproved is that the subject lot has two front yards, and the proposed accessory structure is located within the front yard on the eastern side of the lot. Location of • Property: 200 Conklin Road, Mattituck, NY; Parcel 1000-139-4-12.2. 6:50 p.m. Appl. No. 4837 - HARRY CASHY and MARIA MISTHOS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. Charles Cuddy, Esq. 7:00 p.m. Appl. No: 4833 - JOHN AND HELEN BERDINKA. This is a request for a Variance based on the Building Department's March 28, 2000 Notice of Disapproval. The reason stated for the disapproval is that under Article Ill-A, Section 100-30A.4, the Bulk Schedule requires a minimum lot size of 40,000 sq. ft. in this R-40 Residential Zone District and that the proposed lot line change creates a lot with a greater degree of non-conformity. Location of Property: 1260 and 1330 Factory Avenue, Mattituck; Parcel Nos. 1000-142-1-7 &8. Daniel C.FRoss, Esq. 7:10 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. 7:30 p.m.. Appl. No. 4826 - WILLIAM PENNY III. (Continued from.June 8, 2000 hearing calendar). Proposed building greater than 60 ft. wide along C.R. 48, Southold; 1000-55-5-2.2. T. McCarthy. 7:35 p.m. Appl. No. 4813- A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior hearing calendars). Proposed canopy with request for variance on front Page 8 —Minutes, June 8, 2000 Regular Meeting Southold Town Board of Appeals (Resolution to Calendar July 6, 200 Hearings, continued:) yard setback and addition to building with insufficient rear yard setback at 49610 Main Rd. (and Bayview Rd.), Southold; 1000-70-7-4. Garrett Strang, R.A. 7:40 p.m. Appl. No. 4836- VIVIAN KOCH. This is a request for an Interpretation of the Zoning Code, Section 100-13, regarding the setback(s) referred to in the Building"Department's May 9, 2000 Notice of Disapproval, amended June 9, 2000. The June 9, 2000 Amended Notice of Disapproval reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right- of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; parcel 1000-106-1-47. Patricia C. Moore, Esq. 7:50 p.m. Appl. No. 4818 - C. MESKOURIS. This is a request for a Variance based on a June 9, 2000 Amended Notice of Disapproval which reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. C. Rivera, CDR Consultants. ,L Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). * * * There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 10:50 p.m. Respectfully submitted, fi da Kowalski *ecisions �'-d: Y . 6/22/00 Approved - Gerard . Goe ringer, C►-irman 0 Al PEALS BOARD MEMBERS ,��I,SUFFOL COG;; Southold Town Hall - F • Gerard P. Goehringer, Chairman ,���j� y 'e'sti -53095 Main Road James Dinizio, Jr. y _ $ P.O. Box 1179 Lydia A.Tortora • Southold, New York 11971 Lora S. Collins d. • p. ,,� ZBA Fax (631) 765-9064 George Horning = C1 * $,.'l Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4832 - JAMES and CATHY SLECKMAN STREET& LOCALITY: 375 Oak Ave, Southold 1000-77-2-12 DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property contains 7,200 sq. ft. in area, lot width along Oak Avenue of 60 ft., and lot depth of 120 feet. The lot is improved with a one-story, single-family dwelling as shown on the May 11, 200 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Inspector's May 11, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reasons for the disapproval is that the "as built" deck of 8' x 14.3 is less than the code requirement of 35 feet (or the average established in the area which has not been provided). The deck is 30.3 feet from the front property line. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for an 8' x 14.3' deck as built at the front of their dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is part of the old filed subdivision map of Goose Bay Estate. The house was built prior to zoning with a nonconforming front yard setback of 30.3 feet and the as-built deck addition replaced steps and landing which were also nonconforming. The deck addition and setback requested isnot unusual for this old subdivision and will be in keeping with other properties in the area. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the nonconforming front yard setback of the applicant's house was established prior to zoning, and any addition would require a variance. 3. The requested area variance is not substantial and represents a reduction of approximately , eight(8) feet from the existing 30.3 ft. setback of the house. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in. the neighborhood or district. No evidence has been submitted to suggest that the proposed construction will have an adverse impact on physical or environmental conditions. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was Page 2-June 8, 2000 ZBA Decision ZBA Appl. No. 4832-J. and C. Sleckman Parcel 1000-77-2-12 at Southold RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: Ayes: Members Goehrin.- hair •=n), �' o Tortora, Homing, and Collins. This Resolution was duly adopted (5-0). ERARD P. GOER' NGER CHAIRMAN • APPEALS BOARD MEMBERS il•01,., VFFO`4- e��xo .: . Co Southold Town Hall G Gerard P Goehringer, Chairman � _. y� : 53095 Main Road James Dinizio,Jr. ; y _ P.O. Box 1179 Lydia A. Tortora s;° Southold, New York 11971 Lora S. Collins ._'8' ZBA Fax(631) 765-9064 George Horning = 49 �,,. Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing nonconforming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Applicant's Property: 1230 First Street, New Suffolk; 1000-117-7-29. Date and Place of Public Hearing: June 8, 2000; Southold Town Hall, Main Road, Southold FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's amended Notice of Disapproval, dated May 9, 2000, denying a permit to construct a 5 x 12 foot addition to the house for the reason that this would increase lot coverage from 24.67% to 26.67%. The allowable coverage under Code section 100- 244 is 20%. 1 RELIEF REQUESTED: Applicant requests a variance authorizing a 5 x 12 foot addition at the southwest front corner of the house, bringing lot coverage to 26.67%. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The lot measures only 3000 sq. ft., and the existing house is very small, shown on a survey dated January 18, 2000 at 705 sq. ft. Testimony at the hearing on June 8 indicated that the south-side "pop-out" is 7.5 sq. ft. larger than shown on the survey, making the house 712.5 sq. ft. (2) The Building Inspector's Notice of Disapproval states that current lot coverage is 24.67%; however, a house measurement of 712.5 sq. ft. results in coverage of 23.75%. In either case, coverage exceeds the allowable 20% and any expansion therefore requires a variance. (3) The proposed expansion is only 60 sq. ft. but according to applicant will significantly improve living conditions. Because the lot is only 3000 sq. ft., the expansion adds 2% to lot coverage. (4) This Board is generally reluctant to permit lot coverage on the scale proposed by applicant. However, the proposed addition merely fills in the southwest front corner of the house and will not substantially increase its bulk. Because the property is bounded by water on the north and east, it does not appear seriously crowded despite the high degree of lot coverage. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. • Page 2 - Appl. No. 4821 1000-117-7-20 (Romagnoli) June 8, 2000 ZBA Decision (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a more livable house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortor. orning, Collins. This Resolution was duly ADOPTED (5-0). * * * ---GERARD P. GOEHRIN R, CHA "MAN r .� APPEALS'BOARD MEMBERS ,of,,S1)FF04- ••• 0 COG; Southold Town Hall GerardP:Goehringer, Chairman :;' � y1 53095 IVia nt toad James Dinizio,Jr. y • Z P.O. Box 1179 Lydia A.Tortora p ` Southold, New York 11971 Lora S. Collinsd 0- ,, ZBA Fax (631) 765-9064 George Horning = �1 is $,.'0Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4827 - VINCENT MANGIAMELE. This is a request for a Lot Waiver under Section 100- 26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31. STREET& LOCALITY: Bray Avenue and Sixth Street, Mattituck. DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants Vincent and Barbara Mangiamele own SCTM lot 1000-126-7-3 ("Lot 3"), measuring 100 feet along Sixth Street in Mattituck and 150 feet deep (15,000 sq. ft.). Their home stands on that lot. Applicants also own the adjacent lot SCTM 1000- 126-7-31 ("Lot 31"), which is undeveloped and measures 150 feet along Sixth Street and 200 feet along Bray Avenue (30,000 sq. ft.). The area is zoned R-40. BASIS OF APPEAL: Building Inspector's January 25, 2000 Notice of Disapproval stating that Lots 3 and 31 have merged pursuant to Code section 100-25A. RELIEF REQUESTED: Applicants asked the Building Department for a determination as to the merger status of their property at Bray Avenue and Sixth Street. They stated that they wish to divide the vacant Lot 31 into two lots. However, the Notice of Disapproval simply states that Lots 3 and 31 have merged, and this appeal requests only the waiver of that merger, pursuant to Code section 100-26. Division of Lot 31 would require separate consideration. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants Vincent and Barbara Mangiamele purchased Lot 3 in June 1959. Rocco and Camiela Mangiamele purchased the adjacent vacant land (Lot 31) as a single parcel in 1964. Lot 31 was subsequently inherited by Vincent Mangiamele, and in April 1979 was placed in joint ownership of the applicants. As a consequence of being nonconforming in size and in common ownership after July 1, 1983, Lots 3 and 31 have merged pursuant to Code section 100-25. (2) Lots 3 and 31 have been treated as physically separate properties. Lot 31 is vacant, wooded and not related visually to Lot 3. . (3) Waiver of the merger will not result in a significant increase in the density of the neighborhood because it allows the potential construction of only one single-family home. (4) Nearby lots on Bray Avenue seem generally to be somewhat smaller than Lot 31 and roughly equal to Lot 3. Waiver will recognize lots that are consistent with properties in the Page 2-June 8, 2000 Lot Waiver ZBA Appl. No. 4827-V.'Mangiamele Parcel 1000-127-7-3;(and 31) neighborhood, and will recognize the lines of Lot 31 set forth in the deed conveying it to R & C Mangiamele. (5) Applicants have considered Lot 31, which they inherited more than 20 years ago, as an investment. If merger is not waived, applicants will own an unbuildable property of presumably little economic value. Waiver will avoid this economic hardship. (6) Construction on Lot 31 should require no significant change in the natural details, character and contours of the land. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to GRANT the waiver of merger of Lots 3 and 31. VOTE OF THE BOARD: AYES: Members Go Inger (C - rm , ' izio, Tortora, Collins, and Horning. This Resolution was duly adopted --I). Aicir GERARD P. GOEHRINGER CHAIRMAN • APPEALS BOARD MEMBERS ,ItiicAlFFO(t ��, `'e Southold Town Hall Gerard P Goehringer, Chairman = ~ • y 53095 Main Road James Dinizio,Jr. , ; P.O. Box 1179 Lydia A.Tortora ,. ` Southold, New York 11971 Lora S. Collins O- gel ZBA Fax(631) 765-9064 George Horning �l � �� Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4830 - BENNETT HESS. This is a request for a Variance under Article XXIV, Section 100- 244B based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the proposed dwelling construction will not have a front yard setback of 35 feet on North Oakwood frontage. Date of Public Hearing: June 8, 2000 Location: Corner of Peconic Bay Boulevard and North Oakwood Road, Laurel. Parcel No. 1000-145-1-5. FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated May 9, 2000, denying a permit to construct a house on the property, for the reason that the proposed easterly front yard setback is 20.3 feet whereas Code section 100-244 requires 35 feet. RELIEF REQUESTED: Applicant requests a variance authorizing the location of a new house as proposed with an easterly front yard of 20.3 feet on North Oakwood Road; the southerly front yard of 60 feet on Peconic Bay Boulevard complies with the Code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The property is a corner lot with front yards on both the south (Peconic Bay Boulevard) and east (North Oakwood Road). The lot is long, measuring 200 feet deep from Peconic Bay Boulevard, but narrow, measuring only 66.67 feet from North Oakwood Road to the westerly property line. If the setbacks prescribed under Code section 100-244 were satisfied, a house on the lot could measure only about 21 feet on its east-west axis. Applicant needs a variance in order to build a house of reasonable proportions. (2) A setback of only 20.3 feet is substantially less than the required 35 feet, However, it is reasonable in view of the shape of the lot. (3) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The proposed setbacks are reasonably consistent with those in the neighborhood, and the plan preserves vegetation between Peconic Bay Boulevard and the house. Without a variance, a house on the property would have to be very shallow from east to west, and long from north to south, which would be inconsistent with neighborhood appearance. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - Appl. No. 4830 1000-145-1-5 (Hess) June 8, 2000 ZBA Decision =' (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to,enjoy the benefits of a reasonably proportioned house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, T.• = -, 'or•ing, Collins. This Resolution was duly ADOPTED (5-0). * ERARD P. GOEHRI GER, CHAIRMAN - APPEALS BOARD MEMBERS 0°A)) ; 0 A)) CSG Southold Town Hall Gerard P. Goehringer, Chairman.- ' ��� -A• 53095 Main Road James Dinizio, Jr. y i ; P.O. Box 1179 Lydia A.Tortora r;' Southold, New York 11971 Lora S. Collins '4n , p �o1 ZBA Fax (631) 765-9064 George Horning $0.0 Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4804-ASTRID GADDIS 1000-126-11-6 STREET& LOCALITY: 7020 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 19,227 sq. ft., lot depth of approx. 340 feet, width of 62 feet on Peconic Bay Boulevard and 66.56 feet on Peconic Bay. Applicant demolished a 1-1/2 story house under B.P. #26308-Z, in order to rebuild on its foundation with an expansion. According to the survey of John Ferrantello dated 6/28/93 and updated 8/31/99, the foundation of the former house was set at a 45 degree angle to the east and west lot lines. Because of its orientation, the closest points to the lot lines were at corners, 14.9 feet on the west and 4 feet on the east. The foundation setback from the bulkhead as 70.2 feet. An open patio extended about 18 feet from the house toward the Bay, to a setback of 52.5 feet from the bulkhead. At the time the property was first viewed by Board members, the former house had been demolished and the existing foundation had been expanded by new foundation work. BASIS OF APPLICATION: This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's February 14, 2000 Notice of Disapproval which states that: (1) the proposed covered deck 10 feet deep, to replace the open patio on the Bay side, would have a setback of 61 feet from the bulkhead, and its construction would violate the 75-foot setback requirement of Code Section 100- 239.4B; (2) the corner of an addition at the northwest corner of the house would be 10 feet from the westerly property line, less than the existing 14'9" nonconforming setback of 14.9 feet and thus in violation of Code Section 100-242A. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance authorizing covered porches on the Bay side and northwest corner of the house. The revised site plan submitted April 27, 2000, date stamped by the Board on May 1, shows the waterside porch to be 61.2 feet from the outer edge of the bulkhead, and the northwest corner porch to be 13.1 feet from the property line at the closest point. The latter porch has been reduced from the original proposal, which entailed a 10-foot setback. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before. the Board, and personal inspection, the Board makes the following findings: (1) The house is less than 75 feet from the bulkhead. Therefore, any construction above grade on the Bay side requires a variance. The former patio was at grade level at a setback of 52.5 feet from the bulkhead. The proposed porch would be on piles up to 18 inches above grade, and covered. ' ? (2) The proposed covered porch facing the Bay, although less deep than the former open patio, would be a much more massive structure and would add significantly to the bulk of the house. The Pade 2-June 8, 2000 ZBA Appl. No. 4804-Astrid Gaddis Parcel 1000-126-11-6 at Laurel Code requirement for a setback from a bulkhead serves not only to protect the shoreline physically but also to prevent the intrusion of building mass into open shore areas. The size and bulk of the proposed covered porch facing the Bay would produce an undesirable change in the character of;the neighborhood and detriment to nearby properties. (3) The pre-existing northwest corner setback of 14.9 feet is nonconforming and thus sets the limit for westerly setbacks under Code section 100-242A; anything less requires a variance. Applicant's original plan called for an addition to the house footprint with a comer only 10 feet from the westerly line. The revised site plan received on May 1, 2000, shows a covered porch at this corner with a setback of 13.1 feet. This is not a substantial reduction from the pre-existing setback, and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) Applicant purchased an older house, demolished it, and is building a much larger, more massive structure. Applicant was-able to plan the new structure starting from the pre-existing foundation, and the difficulties applicant has encountered in complying with the Zoning Code are essentially self created. (5) There is no;evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefits of a new house of the sort he has planned while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Dinizio, seconded by Chairman Goehringer, it was • RESOLVED, to,,i,DENY.the requested variance for a covered porch set back 61.2 feet from the bulkhead, and further RESOLVED, to GRANT the requested variance for a covered porch at the northwesterly corner with a setback of 13.1 feet as set forth in the revised site plan received by the Board on May 1, 2000. • VOTE OF THE,BOARD: AYES: Goehringer, Dinizio, Co .• -. A.YS: Tortora and Homing (suggesting denial as alternative). / * * * GERARD P. GOEHRI : ER, CH: RMAN For filing about 6/15/00 f � APPEALS BOARD MEMBERS , � S11FF0�,� • �i Southold Town Hall Gerard P. Goehringer, Chairman ;:� • :.,.; `'. 1: 53095 Main Road James Dinizio,Jr. -h P.O. Box 1179 Lydia A. Tortora „ ��� Southold, New York 11971 Lora S. Collins '!' ; � p �.1 ZBA Fax (631) 765-9064 George Horning = I * **1 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4831 - DOUGLAS AND JANE DEY. STREET& LOCALITY: 4745 North Bayview Road, Southold PARCEL ID: 1000-79-3-24.1.(combined CTM Nos. 17&24) DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 44,321.96 sq. ft. and is improved with a two-story frame house. The lot has 125 ft. frontage along Ships Drive and 130 ft. frontage along North Road to Bayview in Southold. The property is also referred to as Lot 3 in Bayview Woods Estates filed in the Suffolk County Clerk's Office in September 1970. BASIS OF APPLICATION: This is a request for a Variance under Article Ill, Section 100-33 based on the Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the proposed accessory in-ground pool and pool house are located within front yard on Ship's Drive frontage instead of a required rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a proposed accessory swimming pool and cabana structures approximately 150 feet from the property line along Ships Drive and 25+-feet from the southerly side property line facing Lot 2. REASONS FOR BOARD ACTION,:DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed site of the swimming pool and cabana visually appears to be a true rear yard behind applicant's existing dwelling. The location is similar to other rear yard setbacks in the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the lot is double in lot size (merged lots) and under the technical definitions of the zoning.code has two front yards rather than a front and a rear yard. 3. The requested area variance is not substantial and exceeds the setbacks required for either a principal building or accessory building. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. I 1 Page 2-June 8, 2000 ZBA Appl. No. 4831 - D.pey Parcel 1000-79-3-24.1 at Southold a,._;w In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of pool accessory structures, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehrin•= Ch.' - , izio ortora, Collins and Horning. This Resolution was duly adopted (5-0). ERARD P. GOEH i NGER, C •IRMAN ��� � - APPEALS BOARD MEMBERS ie" �����\OCo Southold Town Hall Gerard P Goehringer, Chairman ��� r 1. 53095 Main Road James Dinizio, Jr. r ; P.O. Box 1179 Lydia A.Tortora : ��t Southold, New York 11971 Lora S. Collins `t ®! ,,' ZBA Fax(631) 765-9064 George Horning �! e' ��,II Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4823 - LEE AND MARIE BENINATI. Parcel 1000-74-3-15. Street& Locality: 3070 Peconic Lane, Peconic, NY Date of Public Hearing: June 8, 2000. REQUEST MADE BY APPLICANT: The basis of this request is Zoning Provision Article III, Section 100-30A.2B (R-40) and 100-31B(14-d). Applicant-owner is requesting a Special Exception for an Accessory Bed and Breakfast for a maximum of three (3) bedrooms to be used. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owners, as their residence, for renting of three bedrooms by casual, transient roomers. PROPERTY DESCRIPTION: The property contains a total lot area of 80,000+- sq. ft. with 120 ft. frontage along the east side of Peconic Lane and 155.20 ft. frontage along C.R. 48 (North Road), in Peconic. The property is improved with a single-family dwelling for which a Certificate of Occupancy has been issued. A more detail description of the property and building is shown on the August 26, 1999 survey prepared for the prior owner(Dart). ADDITIONAL INFORMATION: Applicant has submitted a parking plan which indicates a parking area on the northeast, rear side of the house with access to Peconic Lane via a driveway. The plan indicates a total of six parking spaces, two for the existing residence and three/four spaces for the three-bedroom Bed and Breakfast. - REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 5) This zoning use is authorized by the Zoning Code subject to a Special Exception review and • Page 2-Appl. No. 4823 1000-74-3-15: Beninati B &I3 Southold Town Board of Appeals • approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) The parking area shall be located only in the area outlined on the map prepared for the prior owners (Dart) dated August 26, 1999. A minimum of five (5) parking spaces, for this bed and breakfast use, shall be provided in accordance with the parking plan submitted with this application. 2) TO shield the parking area from view, the applicant shall maintain in good condition the existing fencing from the northeast side of the house to the southeast side of thi driveway, and from the northeast side of the driveway to the northeast property line. 3) The applicant shall maintain in good condition the existing shrubbery along the north and south property lines as indicated on the August 26, 1999 survey. 4) There shall be no backing out of vehicles onto the street(s). 5) Applicant-Owner shall obtain &Certificate from the Building Department for =` occupancy as a new Accessory Bed and Breakfast in an existing dwelling, as the owner's residence. • 6) The Board reserves the right to inspect the premises after notice to the applicant, or by prearranged appointment. VOTE OF THE BOARD: Ayes: Members Goehringer - - rm- ), D .• '_, ortora, Collins, and Homing. This Resolution was duly adopted (5-0). / GERARD P. GOEHRI ' ER • CHAIRMAN Pa9 ci P } APPEALS BOARD MEMBERS SOFFO(,f- \4 CQG� Southold Town Hall y �. `, 53095 Main Road Gerard P. Goehringer, Chairman a James Dinizio,Jr. ; H z P.O. Box 1179 Lydia A.Tortora rry Southold, New York 11971 Lora S. Collins %.#* p ��� ZBA Fax(631) 765-9064 George Horning J1 t *01.1 Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4825 - STEPHEN and DONNA TESTA. STREET& LOCALITY: 545 Reeve Avenue, Mattituck, NY 1000-114-9-9 DATE OF PUBLIC HEARING: June 8, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 1.45 acres and is improved with a one-story frame house with attached garage and in-ground swimming pool. The lot has 25.76 ft. frontage (west line) along the Reeve Avenue, 658 ft. along the south line, and 126.97 ft. (east line) along Marratooka Lake, in Mattituck. BASIS OF APPLICATION: This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 2, 2000 Notice of Disapproval for the reason that the proposed addition to dwelling will increase the degree of side yard nonconformance. The existing side yard is nonconforming at 13.7 feet on one side, and the code requirement is 20 ft. minimum. The existing side yards combined are nonconforming at 21.3 feet, and the code requirement for both sides combined is 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a proposed addition extending 3.4 feet into the existing nonconforming side yard at the northwest corner of the existing dwelling. The setback reduction is proposed from 11.7 ft. to 10.3 ft. at its closest point. The total side yards are proposed at a total of 21.5 ft. (11.2 ft. and 10.3 ft.). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on'the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback is similar to others in the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the dwelling as exists not parallel with the north property line. 3. The requested area variance is not substantial and represents a 3.4 ft. reduction from the existing side yard setback. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. Page 2-June 8, 2000 ZBA Appl. No. 4825 - S.Testa _ . Parcel 1000-114-9-9 at Mattituck In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehrin_e Chair •:n); Din" ' , rtora, Horning, and Collins. This Resolution was duly adopted (5-0) c RARD P. GOEHRINGER, CHAIRM `, , ',/,viii,,- APPEALS BOARD MEMBERS ,i�� a FO(,t O �'pG Southold Town Hall =; Gerard P Goehringer, Chairman �� „c • 53095 Main Road James Dinizio, Jr. ; y ?, t P.O. Box 1179 Lydia A.Tortora i xs�, ���� Southold, New York 11971 • .4 ``O� ,.' ZBA Fax (631) 765-9064 Lora S. Collins �' � "-'��- George Horning : ®1 �a���� Telephone (631)765-1809 ,,•• BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4816 - VEDA M. DALEY 1000-31-8-1.1. Location of Property: 8900 Main Road, East Marion Date of Public Hearing: May 4, 2000; May 10, 2000 REQUEST MADE BY APPLICANTS: This is a request for an Accessory Bed and Breakfast for up to five (5) bedrooms in the:applicant's residence for lodging and serving of breakfast in accordance with Article III, Section 100-31B, subsection 14(a-d) of the Southold Town Zoning Code. The Applicant, Veda M. Daley, is the owner, and resides in the dwelling with her husband William Joseph. PROPERTY DESCRIPTION: The applicant's property consists of 39,926 sq. ft. of land located on the south side of the Main Road (State Route 25), in East Marion. The lot is improved with a single-family, two-story dwelling situated 24.5 feet from the front property line facing the Main Road and 12.7 feet from the east side line. Also existing on the property is a two-story frame barn and one-story garage building. Certificate of Occupancy No. Z-10460 was issued June 30, 1981 for the dwelling (updated pursuant to a Minor Subdivision Approval dated December 15, 1980 for a prior owner, Ernest G. Radford). The Applicant, Veda M. Daley, acquired the property on August 30, 1999. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence considered in this application, the Board determined the following Findings of Fact: 1) This Accessory Bed and Breakfast as requested is reasonable in relation to the District in which is located and adjacent residential uses. 2) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts or nearby properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 4) This zoning use is authorized in the Zoning Code subject to a Special Exception review and approval by the Board of Appeals under Article III, Section 100-316(14), and Certificate of Occupancy or Certificate of Compliance regarding the proposed Bed and Breakfast use and occupancy. " 5) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it wa: RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Us( SUBJECT TO THE FOLLOWING CONDITIONS: Page 2-June 8, 2000 Re: 1000-31-8-1.1 (V. Daley B &B) Southold Town Board of Appeals (1) A minimum of five (5) spaces shall be re-located closer toward center of existing driveway (within confines of applicant's property) and shall be screened by a row of 4 -6 ft. high evergreens starting from barn and extending ,to driveway, approximately three feet inside property line and'`extend 40+- ft. in length from south/west corner of applicant's property north to existing evergreens; (b) stacked in front of barn and three (3)'remaining spaces starting parallel from evergreens toward Route 25. (2) The southwest end of driveway past evergreens shall be chained off and a small sign which states "private" shall be installed. (3) There shall be no backing out of vehicles onto the state highway. (4) Applicant-Owner(s) shall obtain a Certificate of Occupancy of the new Accessory Bed and Breakfast in their residence. (5) The Board reserves the right to inspect the Bed and Breakfast parking area and uses related thereto after reasonable notice to the owner of the property or by prearranged appointment. Vote of the Board: Ayes: Members Goehringer(Chairman), D'•' ' Tortor- • ' s, and Horning. This Resolution was duly,adopted (5-0). GERARD P. GOEHRI 'GER, CrIIRMAN • C1AY 30 '00 1'/:49 SOUTHOLL TOWN 7�R °° - — - --- -- P.1,3. ti if g • til Arif r - '411111,4111,Aarw...- VP' . . % • . if . • - i 1..4"/ /eefinictel VII i (, a ppm d I Zi3A)4 411Y t°o.� 1 \ "kt Al, • • • . . 11041111 1 IA, tl, / Vt. ! vel ; •� a _ 36 --da• � s � \ ,1VP ate, . 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MESKOURIS This-is a request for a Variance based on a June 9, 2000 Amended Notice of Disapproval which reads as follows: Proposed (dwelling) construction on non- conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of- way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. CHAIRMAN GOEHRINGER,: What can we entertain you in sayingtonight? MRS. RIVERA: Mr. Chairman I'm respectfully before you and the Board for the fourth time requesting a variance on the easterly portion of the Meskouris' property at 12-/1/2 feet from the right-of-way measurement, or, 20 feet from the property line and that is all we're before you for and that is what we're requesting, on the easterly portion of Meskouris' property. CHAIRMAN GOEHRINGER: As you know I tried to close this hearing at the last regularly scheduled meeting. MRS. RIVERA: And I would respectfully ask that you close it at this one if you possibly can because this is the fourth meeting for what I consider a simple variance on the easterly portion of a piece of property that has been before you, and similar cases have been before you numerous times and I think that we should try to close this hearing. CHAIRMAN GOEHRINGER: Mrs. Tortora, any question of a, no? MEMBER TORTORA: No. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: No, I have no questions. I think that when we come to make this decision whatever we write we're going to have to deal with what the survey actually shows as to whetheri it's 12-1/2 feet from the right-of4way or something different. MRS. RIVERA: The right-of-way, is 15 feet, 7-1/2 feet being on Mr. Salise's property. Page 72 - July 6, 2 I Transcripts of Hearings Board of Appeals MEMBER COLLINS: Well, no, no, no, that's not what the survey shows. To begin with, if you get out your ruler, you'll find that the survey says, 15 foot right- of-way but its measure is 10 foot right-of-way. And the property line runs not down the middle of it, but very close to a, this does nottgb to the substance here and I don't want to take up time with it. It's really a question of counting because we're being asked for a variance here and the physical facts are what they are. MRS. RIVERA: The nails are in the middle of the road - MEMBER COLLINS: There not in the survey. MRS. RIVERA: But it is definitely 7-1/2 feet is on the Meskouris' property and 7- 1/2 feet on Mr. Salise's property. MEMBER COLLINS: OK. CHAIRMAN GOEHRINGER: Mr. Dinizio? MEMBER DINIZIO: Well I think that here and before - MRS. RIVERA: Mr. Dinizio, could you speak a little louder. MEMBER DINIZIO: The hearing before shed some light on this hearing. I think it was a good practice to go. I'm certainly all for closing the hearing tonight Jerry, if that's what you'd like to do. And I'm ready to make a decision. CHAIRMAN GOEHRINGER: Good, thank you. Thank you. If we need you back we'll call you. MRS. RIVERA: Thank you. CHAIRMAN GOEHRINGER: Mrs. Moore? MRS. MOORE: Yes, thank you. I want to say that the fact, that I as an attorney can get forceful at times, it should not be held against my client. My client has some legitimate concerns here. They have chosen not to get an attorney. If they had an attorney I believe that they would be just as forceful and arguing points ;t, back and forth. So Christine is a, I'm using the wrong word,'gentleman, but, yes, I want to be sure that it's understood that the most important point to us obviously is the placement of this house. It is to an extent the variance, a variance has, should be granted, or, has to be granted on the easterly side. No variance is required on the northerly side, or should not be required on the northerly side because the house can be built. If you were to choose to deal Page 73 - July 6, 21,-,1,i) Transcripts of Hearings Board of Appeals with my application and apply it in this case, I would expect that you're going to under this scenario direct them to get a variance. I would hope that they move the house back an appropriate distance, and as far as the importance of a front yard, I think that you're going to leave yourself very open to people like rime coming in on behalf of applicants that if a front yard setback with a right-of-way, is better than what should be rear yard, I'll apply a front yard number. And on a piece of property like this, they're using it to their advantage. We want the house pushed back as far as possible obviously. It has great impact on my client and common sense you said, apply common sense to how the properties are developed. You saw how the Koch property is developed. It's somewhat on an angle and if you look at the closest point, it's on an angle but the majority of the house is going to be blocked by a house set at 40 feet, it will be approximately equal in distance to a house that's set at 50 feet. So, I want the Board to be aware of that when their trying to apply common sense to the code. CHAIRMAN GOEHRINGER: Before you leave me - MRS. MOORE: Wait, wait, oh, - CHAIRMAN GOEHRINGER: Go ahead. MRS. MOORE: Finally, we want to state again for the record, and I've placed in writing when I sent the notice to adjacent property owners, certified letter to Chris, James and Mary Meskouris who would be the record owners of the property, we again offered to purchase the property at their asking price, the asking price that we knew about of $165. That is how important the development of this property is to my client and they are prepared to build a house that requires no variances from the northerly side and whatever variance you feel is appropriate from the easterly side because to push the house to 40 y feet would probably, you might still be able to build a 20 foot ranch. So, there is no real need for a variance on the easterly side. A house can be built. It's just a question of the style of the house. So, they have not established the standards for the grant of a variance and we would object to the fact, that the standards have not been met. I want to present to the Board a copy of the letter that we sent to Meskouris' family, so there is no value issue as to the lack of a variance, or a variance if it's not granted, what the effect will be, we're willing to buy the property, and deal with it. CHAIRMAN GOEHRINGER: I don't mean to get smug about this but really and it's nice of you to bring up the letter but a negotiation requires a meeting of the mind, OK? They have a Contract Vendee and you know, I don't know what real merit this has at this point, you know what I'm saying? Page 74 - July 6, -- Transcripts of Hearings s, Board of Appeals MRS. MOORE: Well I know that when I have an application before this Board on behalf of the Contract Vendee, or even a seller, you heard it all day, all evening, this evening. Well the financial impact, the practical difficulty of a denial of a variance. There is no practical difficulty. There's no effect on them because my client wants this property. He's willing to buy this property. They haven't set forth any of the standards and there is no basis for it. I think more importantly, we have to get them back in here for a variance if they want to put the house where they want it. More importantly, this variance has to be addressed as to the northerly right-of-way. So that's the reason why I give you the letter. We tried to avoid this. We don't like, certainly I personally don't like the ideal of neighbors fighting. I try to get people to people to cooperate and to settle if at all possible because they have to live near each other, next to each other, and face each other and when you go home, the last thing you vent to do, is look over to the side of you and be aggravated. So to the extent it could be resolved, that's always at least my philosophy is, that should always be present. Mr. & Mrs. Koch had offered at one time, apparently the message, something didn't go through right, the offer is still there. It's on the table and when you're deliberating as to the practical difficulties and balancing, weighing the balancing test, it should favor the Koch family. That's all. CHAIRMAN GOEHRINGER: Just for the purposes of my own,mind here at this late hour, you are saying, and correct me if I'm wrong,. that the measurement should be from the right-of-way which we have the measurement now on the Salise side, on the east side, you are saying that the distance should be what? MRS. MOORE: The, if I applied the right-of, the setback that the Building Department claims, then 40 feet from the right-of-way to - ri CHAIRMAN GOEHRINGER: To the edge of the:right-of-way. r. x; MRS. MOORE: The edge of the right-of-way. If you take 40 feet that allows, that still gives you another 40 feet to work with. Take away 15, my math is a little off but take away 15 from 40 that is 25. Can you build a ranch for 25 foot width? BOARD SECRETARY KOWALSKI: No, that's a rear yard. Rear yard is 50 feet. AR MRS. MOORE: Well if that's a rear yard, =then the distance from the northerly property should also be a rear yard. We either have to apply one or the other. CHAIRMAN GOEHRINGER: But that was the purpose of my asking you. 40 feet is the issue at this point? • Page 75 - July 6, 2wc Transcripts of Hearings Board of Appeals MRS. MOORE: 40 feet is - CHAIRMAN GOEHRINGER: That's your issue? MRS. MOORE: I'm applying 40 feet or 50 feet, regardless of what it is. If you're going, I can't tell you which it is because so far I've been getting two different interpretations. If we apply, I know what the front yard is. The front yard is Summit. That's the only thing I know. And I know the rear yard is the right-of- way. The northerly right-of-way because that's where the back yard would be. That's where a pool would be. That's where a tennis court might be. That's the rear yard. If you're going to call it a front yard, it's not a waterfront house and a pool would need to come for a variance. So you have to, you have to establish t,,rules and decide which rule you're goings to follow. So I'm assuming, that, that is"4 a rear yard. What we're going to call the easterly right-of-way, whether we call that a front yard as well, we can live with a front yard on that side because that is a narrower, it's a longer property, so a front yard, calling a front yard 40 feet, it still needs a 20 foot front house. CHAIRMAN GOEHRINGER: But Patricia this is exactly the symmetrical statement I asked Mr. Forrester. And that is, and I stated very loudly at the last hearing, (changed tape) we are still talking 20 feet is that correct? Regardless of what is interpreted, rear yard, front yard, side yard. I believe I even got carried away at the last hearing and said, I don't care if it's up yard. MRS. MOORE: What I was trying to do is the map. If you were to call this 40 foot setback what size house does it give you? That's really what you should be looking at. What is a reasonable width of a house that is going to be facing whatever direction you're going to give: Whatever footprint you're going to give them. Are you going to give them a wide house,that is going to approach the easterly right-of-way? Or are you going to give them a narrower house? CHAIRMAN GOEHRINGER: But just tell me in reality how is that fair? And I love the Kochs. They're very nice people. They're sitting right in back of you. But their house is extremely wide. I thought this was setback, not width of house. MRS. MOORE: But you're here on a variance for a setback, right? I'm addressing the issue, what is a reasonable variance for this application. CHAIRMAN GOEHRINGER: I'm aware of that. But you're talking footage and now you're talking width of house. I am concern - Page 76 - July 6, 2—J Transcripts of Hearings :L- Board of Appeals MRS. MOORE: I'm sorry because I go straight to the point which is, what width of the house is going to be a reasonable size house to put on this property? Depending on the dimensions, the footprint. Right now they've got a house that • is on county1corner that has two bluffs, one 40 foot by 32 feet. Two of those, bluffs. If you were to take, you have to design a footprint that is acceptable to you based on the variance that's been requested. CHAIRMAN GOEHRINGER: But here we have the same or similar type of lot next door and this gentleman and ladies and gentlemen's house is 64 feet 6 inches long or wide. MRS. MOORE: But there was no variance needed there. Had they required a . variance they may notTave been, that house may not have been built. We're dealing with a request - CHAIRMAN GOEHRINGER: But you, yourself told us, that it was prior to 1989 - MRS. MOORE: Exactly, there were no variance necessary from a right-of-way. That was the issue that was addressed. CHAIRMAN GOEHRINGER: I'm just telling you, that I don't know if it's really fair to bring in the width aspect at this point because we first of all haven't made a decision. Secondly, they've withdrawn the ( ) and the swimming pool for the sole purpose of trying to get this house positioned into an appropriate location. MRS. MOORE: Correct, right. CHAIRMAN GOEHRINGER: So I think the issue really here is the 40 feet, and _ the issue of established setback as opposed to real world setback that Mrs. Tortora was asking Mr. Forrester before, and that's where we are at this point. MRS. MOORE: I understand. CHAIRMAN GOEHRINGER: I am trying not to cloud the issue at this point so that we know what we're discussing. I realize that - MRS. MOORE: It's very difficult to address the easterly right-of-way as a .,t separate entity from the northerly right-of-way. That's what creates the biggest- problem. Because you're creating a footprint that we don't know what that footprint is ultimately going to be. That that's our problem and has been all along our problem because maybe if they pushed the house an appropriate distance and they decided you know what, then give us support, support our application to move towards the easterly right-of-way, that can be considered. 1 1 Page 77 - July 6, 2_ _ ) Transcripts of Hearings Board of Appeals But they haven't given us any option. They said, we want, what we want, what we want and that's it. No options and they take away things to try and get to the final result and it hasn't been and we haven't tried to delay this process, we're just trying to bring it all together because to say, fine we support this application and then have it bite us in the butt when they come in for an application for a variance from the northerly right-of-way, it leaves us, we're at a catch 22. You're asking us for what, what will we go with? What will we accept? And you're asking us to consider that in a vacuum because we don't know where the footprint really is going to go. We don't know how the Board is going to decide on the northerly right-of-way. On the northerly setback. So, we're looking at, so far we've been looking at consensual plans that don't even match what you know, what's been requested. So it's very frustrating. It's frustrating for us because we're segmenting this. We're taking little bits at a time and my ; 1 concern as the lawyer is, looking at the big picture and going, alright, if we'll agree to this, how is it going to affect us here? I have no idea because I don't know what this end is going to do to us. Do you understand my frustration and I don't try, I'm not trying to be difficult with you. I'm trying to give you - CHAIRMAN GOEHRINGER: I understand your frustration but I just think that sometimes you have a tenancy to put a little too much in, and that's the reason why I was trying to bring it all together into the particular issue. MRS. MOORE: OK, well that's a lawyer's fault, because I always look to higher authority and say well how is higher authority going to look at this. That's our problem. CHAIRMAN GOEHRINGER: Alright we're going to wrap this up with Mrs. Rivera and that's it, OK. MRS. MOORE: Thank you. MRS. RIVERA: If you do the map Mr. Chairman, if we take 40 or 47 feet on the easterly portion and measure back, you use that 40 foot setback and you use it from the right-of-way or the property line, that brings you into the middle of the property. The property is 100 feet wide. So we're now at 47 if you use the right- of-way measurement. So what does that leave you going to the westerly side? • 53 feet to build a house but then you also have to have a setback from the Koch's property, so what does that leave you? - .t° MRS. MOORE: That's what I'm doing. MRS. RIVERA: Approximately, what do you have 10 feet in order to build a house on this lot - Page 78 - July 6, = Transcripts of Hearings Board of Appeals • MRS. MOORE: No, 32 feet - *ift CHAIRMAN GOEHRINGER: A, a, a, - MEMBER COLLINS: Stop. MRS. MOORE: Sorry, but that's the number I was trying to--. MRS. RIVERA: That 32 brings you 32 and 47. If you take 47 feet back from the right-of-way, that leaves you 53 feet to the property line to the west. MRS:=-MOORE: Correct. Take 15 feet off of that, right? MRS. RIVERA: And why are you coming up with 15 feet? Where - MRS. MOORE: Because that's what you have. CHAIRMAN GOEHRINGER: OK, let's, let's strap this discourse at this point. MRS. MOORE: I'm sorry, we're just trying to come up with what is the number. CHAIRMAN GOEHRINGER: We're, we have before us this application for the 12-1/2, if it's 12-1/2 feet or 16-1/2, I don't care which one it is. It doesn't make any difference to me. You want to write a plus or minus it doesn't make any difference to me. And that's what's before us, regardless of and I'm compounding that as of course the interpretation that Mrs. Moore in the prior hearing. So that's where we are at this point. MRS. RIVERA: I come before you responding to the Building Department's Notice of Disapproval and that's where we're at. 12-1/2 feet from the right-of- way, or 20 feet, that's what I'm asking. CHAIRMAN GOEHRINGER:' Alright, so that's where we are. Since there are no other hands. Yes, Mr. Meskouris it's a pleasure to see you. I know you and your family, how are you tonight? MR. CHRIS MESKOURIS: Fine. The last part of this whole conversation all turned out to be blocking somebody's view. After when she had said, she offered to buy the property. She was willing to drop everything and she' didn't care about nothing because all of a sudden, the property line, this line, the back line, the front line, didn't mean anything, number 1. Number 2, she also quoted that - i Page 79 - July 6, 2u�Q Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: When say she, you're referring to Mrs. Moore, MR. MESKOURIS: Ms. Moore also quoteduthat they offered me $165,000. Well if they offered me $165,000 for the property, why would I sell it for $160? begged the Kochs to take the property. They called me up and told me that they wanted the property, I told them $175,000, he offered me $165, I said. you've got a deal, and I told him, and I'll take a lie detector test, that I want you to have it because you're the one that deserves it because it's right next to you. You should have the property. The people I sold it to, I don't know them from Adam. I don't know the Kochs either but I'm from Mattituck. I've been from Mattituck since 63. We're all neighbors. We're all one big family and I don't believee+in selling to a stranger and put up a tremendous house. Whatever heck they want to put up and to block their thing. So, number one, he offered me $165, I said you have a deal. Two days later I go down to my car and he says I'm only paying $150. I said you just told me $165 and he said, well that's all I'm paying. Fine, I said, you know what, I have an offer on the table for $160, I'll give it to you for that because I want you to have the property. Mrs. Koch calls me up and tells me, I give the orders in the house. I call the shots. I want to buy the property. I'm going to call you on a Monday after the bank, comes over the house, a lot of people are bothering me, we'll get back to you. Fine, .1 waited Monday all day, she never made a phone call and then I called the other seller and said, you want the property, it's yours. She calls me on a Tuesday and says, you know we're going to take it. I said, well I already committed myself. It was Monday, I waited for your call, I canceled my appointment only this way I could wait for you. Then she goes to me, I want to go to contract, but I'm only going to put $1,000 down. Who puts $1,000 down on $165,000 deal? To me that looked like she was going to take the money, put $1,000 down, then she could brow the contract anytime she wants and I'm stuck with nothing. They had their opportunity and I can prove that I have a contract for $160. She offered $165. For $5,000, I wouldn't give it to them, especially if I don't know the other guy? That's it. MRS. MOORE: Excuse me Sir. Did you get the return receipt that I sent you? MR. MESKOURIS: You offered $165,000. I'm in contract for $160,000. Why would I give not? She offered me $165,000 - CHAIRMAN GOEHRINGER: Pat, alright, Chris. Thank you for clearing that up for us. Page 80 - July 6, ... 3 Transcripts of Hearings Board of Appeals MR. MESKOURIS: I just feel that I'm being called a liar. We're not up to par over here on the situation the way it's been handled, but it was a dirty deal from the beginning. CHAIRMAN GOEHRINGER: Thank you Chris. So lets close the hearing at this point and we'll wrap this up. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. See Minutes for Resolution. End of Hearing. PHJULY 6 Prepared by Lucy Farrell FORM NQ. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE; June 9, 2000 TO Christine Rivera A/C Meskouris 250 Sound Beach Dr Mattituck NY 11952 Please take notice that your application dated March 24, 2000 For permit for one family dwelling at • Location of property 675 Summit Drive Mattituck County Tax Map No. 1000 - Section 106 Block 1 Lot 47 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds proposed construction on non conforming lot not permitted pursuant to Article XXIV Section 100- 244B which requires a minimum front yard setback of 40 feet, subject lot has right of way across property on easterly boundary creating front yard on that frontage, . Setback on that frontage proposed at+/- 12 1/2(twelve and one half) feet from boundary of right of way, 20 (twenty) feet from property line. Authorized ature NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,JULY 6, 2000 • NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 6, 2000 at the time noted below(or as soon thereafter is possible): 7:40 p.m. Appl. No. 4818 - CHRIS MESKOURIS & ORS. This is a request for a Variance an based s on the Building Departmentt's May 9, 2000 Amended Notice of Disapproval, amended June 9, 2000. The June 9, 2000 Amended Notice of Disapproval reads as follows: Proposed (dwelling) construction on non- conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+-feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The 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 (631) 765-1809. Dated: June 16, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall • 53095 Main Road Southold, NY 11971 •r9 NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,JULY 6, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 6, 2000 at the times noted below (or as soon thereafter as possible): 6:30 p.m. Appl. No. 4829- Dr. ANTHONY PELUSO. Proposed garage addition with insufficient side yard setback at 185 Inlet Drive, Greenport. 6:35 p.m. Appl. No. •4835 - WILLIAM F. and GLORIA BERTODATTI, Contract Vendees• (Limpet Corp.). This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's May 12, 2000 Notice of Disapproval. The reason that the application for a building permit for a one-family dwelling was disapproved is that the proposed structure is located at 20 feet with a cantilever and 18 feet in the rear, and the Code requires a minimum rear yard of 35 feet on this 11,107+- sq. ft. lot. Location of Property: 1510 East Gillette Drive, East Marion; Parcel 1000-38-3-25. 6:40 p.m. Appl. No. 4838 - EDWARD SIDOR. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's June 9, 2000 Notice of Disapproval. The reason that applicant's request for a building permit was disapproved is that the subject lot has two front yards, and the proposed accessory structure is located within the front yard on the eastern side of the lot. Location of Property: 200 Conklin Road, Mattituck, NY; Parcel 1000-139-4-12.2. 6:50 p.m. Appl. No. 4837- HARRY CASHY and MARIA MISTHOS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. 7:00 p.m. Appl. No. 4833 - JOHN AND HELEN BERDINKA. This is a request for a Variance based on the Building Department's March 28, 2000 Notice of Disapproval. The reason stated for the disapproval is that under Article III-A, Section 100-30A.4, the Bulk Schedule requires a minimum lot size of 40,000 sq. ft. in this R-40 Residential Zone District and that the proposed lot line change creates a lot with a greater degree of non-conformity. Location of Property: 1260 and 1330 Factory Avenue, Mattituck; Parcel Nos. 1000-142-1-7 & 8. 7:10 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS-(Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100- Page 2 - Legal Notice Hearings for July 6, 2000 Southold Town Board of Appeals 26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. 7:30 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued from June 8, 2000 hearing calendar). Proposed building greater than 60 ft. wide along C.R. 48, Southold; Parcel 1000-55-5-2.2. 7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior hearing calendars). Proposed canopy with request for variance on front yard setback and addition to building with insufficient rear yard setback at 49610 Main Rd. (and Bayview Rd.), Southold; 1000-70-7-4. 7:40 p.m. Appl. No. 4836 - VIVIAN KOCH. This is a request for an Interpretation of the Zoning Code, Section 100-13, regarding the setback(s) referred to in the Building Department's May 9, 2000 Notice of Disapproval, amended June 9, 2000. The June 9, 2000 Amended Notice of Disapproval reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section .100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. 7:50 p.m. Appl. No. 4818 - C. MESKOURIS. This is a request for a Variance based on a June 9, 2000 Amended Notice of Disapproval which reads as follows: Proposed (dwelling) construction on non- conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property' on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The 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 (631) 765-1809. Dated: June 16, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 av,`•., ., . , _.,,—..., .•• • ,4,,,,,i.2--.7,.:,35„.r-�'�A?Pl No,.'4813u:. t llse wi, :....._ .• . - ,-- :.,,a, O7T1 ('QILfiCORP' „'• �,,.� ,:isr';isr.•,.%::aiiif%��s::rs•s:•- S :%E:tVI:T." I P-W Ibki ,INC..(c led from-prior,heating. f _ 'dalendars:);-Praposedt'canop. with NOTICE OF I request',for-variance on front yard PUBLIC HEARINGS setbaekraiid'addition to biiilding•with ' '' - SOUTHOLD TOWN insufficient'i rear,,yarcl setback'at STATE OF NEW YORK) ' BOARD OFAPPEALS 4,9616"MaintRd.-( and Bayview Rd.), )SS: THURSDAY,JULY 6;2000_ Sout)�o1d 1000J0 7-4:-Y _-'• �; NOTICE-IS:HEREBY;F:GIVgN''-,= `-':2.7:40 .-pm.,'Appl. No:,4836, 5OUNTY OF S/U/FF , - pursuant to Section 267 of the Town-, VIVIAN KOCH.This is arequestfor 'a u F• Wit i Law and Cha ter:100, Zopin an�Inteipretation•sof:tlie_, oning; of Mattituck, in said P, ,r ( g)'£' Coae•section�:100-13 ''.g ardin` the ; county,being duly sworn,says that he/she is Principal Code aofn the,Town`"of;So00, ( old, g) ;' +". ,.reg g •'following applications will'be held�- setback(s):referred to iii the Building - clerk of THE SUFFOLK TIMES, a weekly newspaper, ; ,for_,,public „ hearings_,-by• • the,-; Department's May'9,2000 Notice,of SOUTHOLD TOWN BOARD OF',..:.,Disapproval,amended"June 9,2000. published at Mattituck, in the Town of Southold, APPEALS at the Town Hall,53095 The June 9,2000 Amended Notice-of County of Suffolk and State of New York, and that the I,,Main'Road, Southold; New .York; Disapproval':,reads 1.es follows: Notice of which the annexed is a printed copy, has 11971,.on•TfIURSDAY,,JULY..6 Proposed"(dwelling)construction on `_` ilk'"" } '- t' non-667lot -riot permitted been regularly put�lished in said Newspaper once !,-)-1-2600 tiines.aoted=lielow(or•asv ,, / soon'thereafter as possible): pursuant'`to Article XXIV, been each week for weeks successively 6:30 p.m.Appl.Na.4829-DR. 100-244B which'requires a minimum'" COmmgnCing On the 02°f) ANTHONY PELUSO. -Proposed ;` a front yard setback of 40 feet,subject day garage addition with-insufficient side ,-1(5t right-of-way across-property, Of ,U/)4 od 20 g yard,setback at 185' Inlet Drive .�onteasterly"-boundary creating front; L - ' , Greenport. . " ',- 'P• " _; ':yard•'on?tliat.frontage: Setbackn•'" " " _that4ronta e` ro os - ) aio 6:35 p.m.;Appl:.No. _4835._ g v.p p ed at 12 >12t. 1 ���� V v ' WILLIAM' k-; and GLORIA Y`feet from;boundary of right-of-Way, rincipal Clerk ,BERTODATTI. Contract_Vendees 20 feet from property'linef Loaa�tion (Limpet Corp.),This'is a request for a -of -Property:: 675 'Sumtiait .Drive„ Variance-;'under- Article XXIV, --Mattituck;parcel-1000;106-1-47. •_. ,,; Sworn to before me this 2 n a -Seotion, 100-244B, -basde "on_,the 77:50`..1),44.-A,21411-No:•,4818 =:C.r ' _ 2 Building Department's"May 12,2000- r'MES#KQURIS;Thisis a;rTquest for,$_'. , day Of ,. 20_ Notice 'of Disapproval. The reason, -Variance;based,.on ne^9,,2000 t that'the application for-a buildingAmended;;Notice,'`a=Dyof�D a _ permit fora one-family dwelling,was;;;..which_-reads:as,,follows; Proposed.; `disapproved is,=that the.proposed;.,,(dwelling)-constriction on,non-con- CHRISTINA T.WEBER structure is located at 20 feet with a ,_"forming:lot°not_permitted pursuant Notary Public,Stria of Now Yadt ("_cantilever and 18 feet in-the rear;and'. - to'Article,XXIV, Section'100-244B No•01W�081664 the'Code regtures a'nummum rear ';-which requires a minimum front yard b �t�yy .yard,of 35'feet on this-,11,107t sq.ft. setback of 40-fe,et,_spbject Jot`has commission Ewa Decallilr i3,,�0� -lot.Location.of;Property:1510 East :.right-ofWay,acrti s`prgpertyon east: j C:611:11.0 , ( ,�•,�0, 17uJ zOillettez,DriverEast Mario ,par l-7.,4rl cre U 1 u.t J t U 1 1000-3& -2,3 vc ,'•-z-:,t-�_ `'"�bv.�^un _ .oA.., atJr>trlil 6:40 '& , ,,,,„cwt.-- = 1_;that-,=frontage`;Setback. on that - -p• PPI:'No., 4838 , _ 12� frontage proposed-at -1/2# feet _EDWARD-SIDOR:This'is a-request `"'ffrom boundary'of,righ-of:way,;20 for'a Variance under Article°iII feet'from property,ime-Location,of- Section 100-33,,based on-the Building.I.-'-.Property:';,675.;;,Summit; Drive, Department's June 9,2000 Notice of.i Mattituck;Paree1,10001064-47.:" ,+ Disapproyal::Tlie reason that appli- I._ The Board of'ApPealf will at the cant s'request'for a building permit , .above time and place hear all persons, was disapproved is that the subject ! or their representative desiring to be '-slot has-two front yards,arid the pro ; ,heard lor„to submit;written state- posed accessory structure is located' ,i, menta (before:this hearing is con- within the,frontiyard_on;the eastern ' cluded)`. The hearing will:not start side of theTot�Location,of Property: earlier than designated. Files are 200 Conklin Road, Mattituck,'NY; , 'available for-review_during regular Parcel 1000-139-4-12.2.' •• ' _Town:Hall_business hours.(&4`p.m).,, 6:50' p,m.- Appl.,No. 4837 — --If you•liaye•;questiens,please do not ' HARRY,'CASHY_ and MARIA hesitate to call(631)785-18.09. -` MISTHOS.This is a request for a Dated:June 16,2000.(.:- '.. ' ,YarianceAiticle XXIII,Section 100-- - . TOWN -SOUTHOLD,239.4(1), ' based=on;.the Building Y, BOARD OFAPPEALS ; 'Department's'May 2;2000 Notice of -_ ,`.<; ;.'„,-;Town Hall, j Disapproval,;The reason stated for . 53095 Main Road the disapproval;is that the accessory Southold,NY 11971 `in-ground swimming pool and, hot , 1367-1TJu22 - • - __� .-tub,are promposed;at�lessss than 100 feet ..{ fro .the,top'of.the bluff or bank of the'Long Island,Sound.•Location of Property: 1900 •Hyatt. .Road, ' Southold;Parcel 1000-50-1-3. 7:00 p.m.Appl.No.4833'—JOHN and-HELEN BERRINI{A.This is a• I,requesf"for`a'DVariance'tiased on the I!Building Department's March 28; 2000 Notice of.Disapproval.The rea- 1-son stated for-the disapproval is that - - is",under,ArticleVII-A--;TsS,ectipn'.100- :30A.4,the'B'iilk c ., q ' hedule,re vires a' 'minimum lot;size of 40000:sq.fi in 'this'R-40 Residential.Zone-District and that the'proposed lot line change - creates a lotwith-a-greater degree of non-conformity.' - Location - of ' • T�°Property:3.1260;tan_d 11330 ,Factory 1?..-„Avenue,Mattitaek;Parcel Nos:1000-. ;142-1-7.&8:=`--u`, - 7:10-p.m..Appl: No: 4828 — �`ROBERT D'URSO and RICHARD OVERHULS ' (Owners),' and :?MICHAEL DELUCA-(Contract ' Vendee):Zhis is'a request for„,Lot Waiver,as provided under Article 11, i-Seetion'100=26\to'unmerge Lot 1000- 106-6-35 from '1000-106-6-34. 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' 4 I R (I xorfri,,. • Y r F. eo, ELIZABETH A.NEVILLE �� � Gy Town Hall, 53095 Main Road TOWN CLERK % o' - P.O. Box 1179 Southold New York 11971 �`O REGISTRAR OF VITAL STATISTICS V O ` Fax(631) 765-6145 MARRIAGE OFFICER A,_ l� �, RECORDS MANAGEMENT OFFICER '/Qllig #.0.0 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER _ ,•• 6 �� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 28, 2000: WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of February 2000 , A Local- Law entitled, "A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions of the Code of the Town of Southold (Yard, Front); 'and WHEREAS, A public hearing was held on this Local Law on the 14th day of March 2000, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the 'Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO,; 6 OF 2000 A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions" of the Code of the Town of Southold. . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. §100-13 entitled `Definitions" of the Town Code of the Town of Southold is hereby amended as follows: • YARD, FRONT-An unoccupied ground area open to the sky between the street line, or between the streetline established by the Official Map of the town or an approved subdivision plat, and aline drawn parallel thereto. Except, if the owner of the lot does not have the right to use ortravel over a bordering street, right of way or street line, the side of the lot bordering thatparticular:street, right of way or street line shall not.be considered to be afront yard andany°accessory.. structure alacedin such yard shall comply with the apjlicab ie sidevard setbacks. for(he zoning district within which,it is.located:., 49-/RESA-DiCaS FOR BOARD AND STAFF USE Updated New Information p �o ,//8 ezie, S3 4 u �'_; __�/ �' _ ‘,/ sem.' '� ;7- fid' C(/mss c47,7 </ �L )4P NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 4, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 4, 2000 at the time noted below (or as soon thereafter is possible): 8:15 p.m. Appl. No. 4814 - CHRIS AND JAMES MESKOURIS. Applicants request a Variance as stated in the Building Inspector's April 5, 2000 Notice of Disapproval for the following: (1) proposed construction on non-conforming lot is not permitted under Article XXIV, Section 100- 244B due to the minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly and northern boundaries creating front yards on those frontages, proposed setbacks on those frontages exceed forty foot minimum required by Code. Setback from right-of-way on north proposed at 25+-feet, on the east at 12-1/2 +-feet; and (2) pursuant to Article IIIA, Section 100-30A accessory use(s) shall be located in required rear yard; proposed accessory swimming pool located in front yard on northeastern side of proposed dwelling. Location of Property: 675 Summit Dr, Mattituck, NY; Parcel No. 1000-106-1-47. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The 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 (631) 765-1809. Dated: April 17, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 I NOTICE OF I Li— SOUTHOLD TOWN STATE OF NEWYORK) BOARD-OF-APPEALS -- )SS: THURSDAY,MAY 4,2000 COUNTY OF SU_FT LK) NOTICE IS HEREBY GIVEN, ; 1 A Q,N F , t Q, , pursuant to Section 267 of the Town 7- (� 1 1 t 1 S of Mattituck, in said i Law and,Chapter 100 (Zoning), county,being duly sworn,says that he/she is Principal i Code of-the Town of Southold,the clerk of THE SUFFOLK TIMES, a weekly newspaper, following application will be held j for ' public hearing by the published at Mattituck, in the Town of Southold, SOUTHOLD TOWN BOARD-OF County of Suffolk and State of New York, and that the APPEALS at the Town Hall,53095 Notice of which the annexed is aprinted copy, has Main Road,Southold, New York, -11971, on THURSDAY,MAY 4, been regularly published in said Newspaper once 2000 at the time noted below(or as each week for A weeks $uCCessiVely, soon thereafter as possible): commencing on the ii�� 8:15 p.m. Appl. No. 4814 — g 1 day CHRIS and JAMES MESK- of -p(` ` 200(`-'l ` OURIS.Applicants request a Vari- ance appealing the decision of the 4-` , 1 `, Q Q ( Q l/�/f�J�� J i Building Inspector in an April 5, � 1 2000 Notice of Disapproval (as re- Principal Clerk worded),which states:(1)proposed construction on non-conforming lot Sworn to before me this O is not permitted under Article XXIV, Section 100-244B which day of 20 CO requires a minimum front yard-Set:- back ard-set=back of 40 feet,subject lot has right- of-way across property on easterly CHRISTINAT.WEB boundary creating front yard onNoblStale Ne�WYtNh that frontage,proposed setback on I No.01WE6034554e i that frontage is less than forty foot ; Qualified In Sub%Coady minimum required by Code. Set- Commission Expires December 13, I back on that frontage proposed at - � �� _ . twenty(20)feet;and (2)pursuant 4\lbs'f� I,vp/�'L� t/to Article IIIA, Section 100-30A accessory use(s)shall be located in_ required rear yard;proposed acces- sory swimming pool located in front yard on northeastern side of pro- posed dwelling. Location of Prop- ; erty: 675 Summit Dr.,_Mattituck,, NY Parcel No.1000-106-1-47. The Board of Appeals will at the above time and place hear all per- sons or their representative desiring to be heard or to submit written statements(before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during reg- i ular-Town Hall business hours (8-4 p.m.).If you have questions,please do not hesitate to call (631) 765- 1809. Dated:April 21,2000. GERARD P.GOEHRINGER, CHAIRMAN ' SOUTHOLD TOWN BOARD OF APPEALS - Town Hall 53095 Main Road Southold,NY 11971 ' 1285-1TA27 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of • AFFIDAVIT (Name of Appli ts) MAILINGS CTM Parcel #1000- /a - / - 7 ------ x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, gi,./s,./„...e.:,,..,e4---- residing at 4 s'° Soda 4 AA X,4,-/� , New York, being duly sworn, depose and say that: On the zil day of /�/" // , 2000, I personally mailed at the United States Post Office in/ 74/x" °'' , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (-4:Assessors, or ( ) County Real Property Office S1-// , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applica/nt's p erty. K ,s• t.e.-- .,,...,-",-/.., ignature) 1, ELIZABETH A STA'I'NS ® '"� ' NOTARY PUBLIC State of New Yot it -nA -cc-3 /44, ® No.01 ST6003173,Suffolk 929,1 11 m �`(1 -* term Expires June S.Suffolk_ P ,! m O > - a11) the lot numbers o t� o ; davit or on a sheet of paper, °®a)o z ' E o psses for which notices were mailed. Thank I N 1u.p�� g = N L3{� ,� T, 0 d o o `o I a c c• o d v -6 E_ E E1 Q E 1 ,S� O O � o o ami 01 �' � °i ~ �' I�Z p cn Cl) a a U cn 8 Q ¢o ,2 a I! II 9661 IPdd'008C WJod Sid 111� I! I I, 1 1,e,7-C--1 /O — / o6 - r... I also wish to receive the SENDER: following services(for an ■Complete items 1 and/or 2 for additional services. extra fee): a Co plate dems 3,4a,and 4b. 1•0 Addressee's Address this IS on�your name and address on the reverse of this form so that we can not ca to ou. or on the back if space does2 ❑ Restricted Delivery s 1 ®peck this form to the front of the mailpiece, 2 a w e°Return Receipt Requested°on the mailpie below the article number. m The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. i. 1 g delivered 4a.Article Number , �� cc` 1 0 3.Arti Addressed to: 5 3 X � ��ad 4b.Service Type Certified E I!• a _/ ❑ Registered ® Insured c ft\ E rv•� ,j", 4'. ❑ Express Mallad 9 t ' . I also wish to receive the �o ; SENDER: following services(for an 41 f Complete items 1 and/or 2 for additional services• , d . we can return this extra fee): s ■Complete items a d anddsb• a Print your name and address on the reverse of this form so ttrat 1.❑ Addressee's Address II z II card to you. ace does notI I 'Attach this form to the front of the mailplece,or on the back ff sp 2.0 Restricted Delivery S° E ppeermit. I ■Wnte return Receipt Requested°on the mailpiececlbelow the article number. Consult postmaster for fee. rt.� *The-:tum Receipt will show to whom the article was delivered and the date del cle 4a.Article Number 3 R + r ® 3.A cle Addressed to: a zo c f l `�� L D% C 4b.Service Type //( ertified ®C a 0 F)egistered -1:5- Sure.� ❑ Express Mail ❑ Insured Ta c A� /- ..—, -.t 0 Return Receipt for Merchandise- 0 COD i /�I • ��� ,_ / J 2 7.Date of Delivery 2 1, � o �, iAddressee's Address(Only if requested 5.Received i. (Print Name) , /Cap l': ,and fee is paid) 1 ,z /ZC—� tr _ O. BOX ______- 4,-- "e"orA, ap,,,,,,„,- °®' - 2- OTTITUCK NY 11952 6.Signature:(Addresf,, g - �. ' �+ ..,,-02p95,48,134322.9,!Domestic'Return Receipt li PS Form 3311',Dcember<1994 1 1 _ ® SENDER: 1 .I also wish to receive the a Complete items 1 arid/or 2•for adaitionai,service's.i ; ; : following service's,(for an Ito u Complete items'3,4a,and 4b.' - - • ' • GI ■Print your name and address on the reverse of this form so that we can rem this extra feel): card to you. I •Attach this form to the front of the mailpiece,or on the back d space does not 1.❑ Addressee's Address pemelt• 2.0 Restricted Delivery e Wnte°Return Receipt Requested on the mailple below the article number. s The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered 3.Article Addressed to:la 4 e-A .rticle u.I il �� i?, ,,,,a).--,e �� 4b.Service Type 9 1 36?(1 t 8 �1 �5,5 Jo."�, /- 1 ❑ Registered Certified I; ( 0 Express Mail / 0 Insured w / C� T`' /9 ❑ Return Receipt for Merchandise 0 COD S 7.Dat of De ivory / : • Adr L�/ I 5.Received By:(Print Name) 8.Ad res 's A res,(Only if requested and fee is paid) 6.Signature:( ddressee or Agent) o x `��Ledi0 'II 4�i f '-F'' PS Form 3311;December 1994 '• "1022:5954-B-6229 1'Domestic Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT / ES / Jr i°,( _ OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 6 - 1000- ----—lv-----`--L.--------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ace �•, AA f V New York, being duly sworn, depose and say that: On the a day of / , 2000, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remain d '• •lace for seven •- prior to the date of the subject hearing date, '.• date , own to be ed- (Sig = ure) Sworn to before me this ,73,5-51A- day of Op-a , 2000 . LINDA J.COOPER Wotan,Public,State of New Volt iz. 1 No.xp es Deccember 3�upty uo (Nota Public) T��' *near the entrance or driveway entrance of my property, as the area most visible to passersby. 'i have been held, in. mmon;owner-I --ship: Loc 'oProperty?'iBray I STATE OF NEWYC ) i.'t , ;,;":;NOTICE OF•- ` -Avenue al th Street;Mattituck.•, .4 . . , PUBLIC JHEARING,, .. 7:15 p:m:Appl.No.'4831—DOU ) ,'S: „,SOUTHOLD-TOWN.,:.-.--?r-GLAS andJANE;-DEV-;This':is'a, COUNTY OF SUM)1_19 BOARD OF APPEALS , "7 request`for'a Variance underArticle-I ) , p( ` l�0 of Mattituck in said THURSDAY,JUNE 8;2000 -, III;'-Section'.100-33 based-on'ithe )-Q,� vv NOTICE IS HEREBY GIVEN :_ Building Inspector's,May 2000 county,being duly sworn,says that he/she is Principal pursuant to Section 267'of the Town'.- Notice,of Disapproval for the reason Iclerk of THE SUFFOLK TIMES, a weekly Law `and Chapter'1001_(Zoning); - that the proposed'accessory,,in- news a er p p , �' Code,of the Town-of Southold, the _. ground-pool`and';pool-h •are ouse- published at Mattituck, in the Town of Southold, following••applications will be held.,;,located within;front-:yard on Ships, County of Suffolk and State of New York, and that the for public 'hearings' -by ,-;the =„Drive„frontages: instead T'of:- the' --•SOUTHOLD'.TOWN BOARD:9F • required rear,,;yard:s=Location of Notice of which the annexed is a printed copy, has , APPEALS at the Town Hall,53095- -,Property4745.Nortli Bayview Road,• been regularly published in said Newspaper once 'I.•-Main'Road,, Southold, new York - -Southold,NY;,Parce1l000=793:24:1: each week for ( weeks $L)Ccessivel 11971, on,,THURSDAY,.:JUNE 8,._ .7:20,„p.m:,.App1.- No::4826-:— �h y, 2000 at the'time noted below_,(or•as., WILLIAM A.-PENNY is.a, commencing on the �� day lArti DO °•soon thereafter as possible):�---'•` �' request'for a'Valiance under�Arttcle Of ����L.,�� 20 v -'6:30-p.m: Appl: No. '4820' -- X; Section 100-103C-based•on the, (, DOLORES'PRINCIP,I. This-is an ` Building Inspector's Januar*-6,!2000 .4J _ , ( i -, application'-under:"Article ,XXIX,-,••e Notice of•Disapproval for,the -eason' u f t.o Section"100-239.4A and submitted `that theproposed new-storage build- pursuant:;to Conditions, set forth -ing in this B-General Business;Zone Principal Clerk under• ZBA Appeal No.,- 4225.:, -District,Will have,more-than sixty " Appeal No.4225 was denied,ori May' (60)'linear ft.,of frontage on one-; n 6t v� , ' 4,1994,with an exception for:tempo-;, street:, Location of,Property;45450 Sworn to before me this _rary placemen_t,of the'existing_cotr; CA.48,,Southold;Parcel 1000-55-51, day of f\A(Q I 1 20 OD tage-without expansion-or enlarge-: ' 2,2. „'fz',_,,4;4;, ,,,:v..-.-t..,_ • went for a limited period of up•toBve -;;7:30-.p:m.:',App1.-•No. 4832A,-tI years.in'a location less than•100;feet JAMES SLECKMAN ,.T is is, -, CHAISTINAT�ERyl.L from-the.Long Island:Sound.bluff s- r-equest•for4a,Variance und_er Article• Mg Pubic,�a�Y� Applicant;IS:requesting approval,by .,XXIV;%Section•100-244Bcbased-on`, X01r the Board of Appeals for issuance of ', time Building Inspector's May 11,2000' Q h Suffok Cotamti► `•a Certificate of Occupancy as exists : i''4�A, .. • NOTICR,QIr. ,'.. .çtj'I,AJf spa' . , l�, . - w ' J , PUBLIC HEARINGS,....-;"--;'"4.' • r " ; ; `II SOUTHOLD TOWN Property: Co r:of Wilson:Road Ia STATE OF NEWYORI9 ` ,;T - and;B- be,;D;ve;. tchog e;NY; `- )SS: BOA OF-ABZALS,' ep , .'!>i_..' . ,; '-THURSDAY;MAY''4;2000-•' 1000-103.'~, 'r:? .,.,,'_ .- • ,.'m • • COUNTY OF SUFF ,LK) 7`'NOTIt;$'IS kjERguY';Ci41VEN+� .-7s25.prp FA pl:N''144$13 ��414-,,: , `;:parsuani'Fo,Sectipn 6 oftheToiun }' ]. O �• 1 (�� ►S' of Mattituck, in said ' -soi'ITHOLD „O,IL,CORPco II., '•uL wwIand^Chapte ;^ ninS-.'i E.M.= .•T. c.). Variances_are: ?Mcounty,beingdulysworn says that he/she is Principal e, the ow o u_thold"the s ''requested u dei,;Arfjclg�; X}IrIY„ y following”applications..,,y4 -be"held;: Section;100=; 2A and: rcc P,'-.Pc-,,'-s clerk of THE SUFFOLK TIMES, a weekly newspaper,for;f=public' :hear"tugs'$':'by'' the, `,sgccioitlo! kG(1) olpate,'F published at Mattituck, in the Town of Southold, $O1JTLiOLQ TOWN BOARD'OF-a�'canoltjiz._tcu urs f??te8' 1 APPEALS at thgTown Hall,53095 pumps in,the-rant;ord;atea,;and to .,County of Suffolk and State of New York,and that the ``Main-,"Road; Southold;New York• ,'�,constructan�a clition orttie , sang_,; Notice of which the lannexed is a printed copy, has 1 0.9.73 ,,0-.4;:THURSDAY;;'MAY'4: bumm�_g;-both witl}�tnstfinr...,Tc. loo t►t`the-times`aoted#ielow'(or as backs from fr. ntpn ny+,iin�,This been regularly published in said Newspaper once soon Cher ter o e - ' - "p ,( )• ▪�yariarice d'u naii�pphca- „leach week for I weeks successively, °�`.6:30 p.m. Continued hearings •tion or a�buil in rintt,whicli•was i 8pe.. �/� '-;(carryovers from-last-Calendar): :• - disapproved•'','n March',•'6,; 2000. commencing on the ^ pCl 1 day •.YY:, Appl' ,No. 480]x'• -NANCY. Locatioriwoff' ,ropertyi;4967 1Vrain'&�of T rl � 20 CO tEBER Proposed pool-with a sset=• 'Road,Sbuthi d^,NY;Par'cel''1O00-?70-'- ckut-lessthan'100•feetfrom the ••`7-4.• ,,' ``'' +;'"";x:%?u. Yv,„ =I~ I ' 1 ;nyerage,top.of the bluff,at 160 The: ••••;7:40•.p.m IdppL-'I'o. •48i4"-`,' 'WWII// Strand East Marion,NY;;1000-21-.- ` RONALD'a d':.ANN� 'W'ILS;ON.., �; - . �.,.=�tq Principal Clerk + ; .• ., '...4 4,k., ;,,, �ar rg911�9.sPIO'zV��[�j'ance:= .0.,%,PPL'No.4802 -•ROBERT and •. uriiier',Qtticl f XXI ;S�c1 :x100-'', (-1,5+NDREA IYiOHR.,Proposed stor. 244.based•up,n an•application;fora'' Sworn to befo a me this gage;building,•related..,to,applicant building en 't;to-cpnstract'`i}ildi-; ` o-wners'•proposedagricultuial"use o ;"`1►ons;w ht"' 'exceedi'tlie>20° l'oVi I day of .( 1 P 20620 fithe'property at.,630ytrabasso Street;,, coverag li �, atioa R,Jaittiary.20,E uthold,1V1'1000- F 2000° tice•4of'Disap"'pr�ov lc wase 78�3fi4'- : HI .�'r- 825 p:m•',BEI;Y' •• ri SPR W..,#Appi No;='€480�h '`AST '''''issued='by"'th ''Buildi7. :-;Department, ERTY' 1ANA ' ADDIS...Apel cant .'requ sts i"which indica that,-the•co bined•t' rt 7 . di a'riances for a dwelli ' (Owner::Robing I,S r d �i s;s<f lot'-covers ' ts" 8 ' ng'additie =at g :42,33,,��CK..-p rceat a7 • ,'LLC)=--located*** ;.= OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 Fax 765-9064 /7 AprilX2000 2000 Re: Chapter 58— Public Notice Requirement- May 4, 2000 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 Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing date must now be mailed with a map or property sketch_showing_the_new location of the area being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the project 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 listed on the current assessment records in 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. By Friday, please complete your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it to us with the white receipts postmarked by the post office. 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. A sign is also necessary for posting at the property by you not later than Thursday, 4/27/00, and therefore must be picked up by you or your representative some time between today and April 26th between 8 to 4 p.m. The sign must be located on the property no more than 10 feet from the 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, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please also return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures House o® Variances 1000- 106 - 1 -47 ♦ZNT -y-A , sL] F1Aci ., S i t 1r �> ! f 1� CL 777,7} di l k76 71 I• 1: 7 , 7(t-{ IMOv Ili ;vii_ I, ® x s:CeIIIMlMMi►" fah (" sir g SURVEY OF ase\\?• CO •o P/O LOT 12 ,� J-0.4° o BLOCK No. 1 — 97.1 pp F° �' ` '�0 MAP OF `��, a`�y � : �• a° •� _ .• } '+p a CAPTAIN KIDD ESTATES C1-) `444 .'. • i O FILE No. 1672 FILED JANUARY 19, 1949 • e SITUATED AT • �Q• .• °o, 1 MATTITUCK •. • •�� is -•.• . •1F� fi ': 0O''86.1 1 • 1 Q TOWN OF SOUTHOLD a, ••.' �• • .I�. �:�% SUFFOLK COUNTY, NEW YORK d F 54.2 ce \, . .:"d ,° \&.11.k4 0�• ��• S.C. TAX No. 1000-106-01 -47 4, • As'„. - • �. Q SCALE 1 "=20' pp �\ \ : 'X3.4 9• • : IN APRIL 10, 2000 O° ,S % h o 97.0 'Sp �' f �� .'--] - . . G� ` \ tj .. \ I o .84_4 "`C' $O G �\ �y s.f7� \ \ .o+., \t< • � AREA = 24,808.78 sq. ft. \��� 0.570 ac. \ \ •s�`r • 101.j,, �'!: •-4 ' _ . •10, ' \ • 1ST L / \ \ \ \\ c • 10;2. • :: 1 /� - - "\" I , NOTES: ? ya ° fit ° /o ' 'Jr .o ('�-� ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM •o a �• 1oz.9 =�' �� 4 `�° W. •p o EXISTING ELEVATIONS ARE SHOWN THUS: Qs. o : o -d ( �� k' 9` �'' EXISTING CONTOUR LINES ARE SHOWN THUS: — —80- — - �o • OO • x los ��\' 1o7.S4° ��'i `'� o • � � .'�' r.w. TOP of WALL o, , .•::.';_..::. f. .. 80.5t, B.W.0 - BOTTOM OF WALL O ,4. if x\- \ \ \� "ir -4CII 1o1.• a s _ .{ \ �t. \ ��' 4. CERTIFIED TO: "' ' r/ / %:`:>;'..:.:.:: ,;: _ I x\\4 ' N\ "k< \� �.� . FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK \ } .: ( AI ?''� IZAK SPERLING IZABELLA SPERLING J_0,321 / / -: .. - 2 '::.: ".:: PCI ,a �G '�` w :: . _ • o // ( \-CO, 1/44/ i . 77_1 . o / . X) , " y� l I " j;" 98.7 cp 'O r / ° 1� o, / / : 0 �` I. \ / '" 74.9 . : • 9 o x9 ----'••••- V.,, 1 �%/ / •, 1Z nor ' C d .tom \p� 1� / N\xf� ( • . a' �� -: /ti• No p / / //C.) I'— — ` I ,\:. /./.. "—' 104 e'-ki\ / eV QA \ / / \ I F / ( .1c.)-1 )\61 : � .e d X2x / / 82.1 ' • • d /6\ p / / / / / ( J \ •' / gyp° _ C� 102/ • / /\87.7 / / ' \ • ��` / SCIIC-\(-.0 / O :•' kl ' / \ / i 84.0 / / ". iA•* X66 4' ! 100 Qa / • / / 7_4�� /. 6`- b • N ca / b / / " 73.6 / 3�." • 2.9 .+ . . •. • x Q f 92 / / ° / / / / / / / / � . �`'rf• d ; • .:4: . 0/ / �1, �,A,/ / / x 74 8 // / / / /�•`,, //61 9 9 / / / / 71./ , 'S • ; • / / x-- / / • ' •. - • " - • - UNAUTHORIZED ALTERATION OR ADDMON / / / / / / - �- d TO THIS SURVEY IS A VIOLATIOi' OF 8 / / X3.6 / �. 7" .. SECTION 7209 OF THE NEW YC1K STATE 3 • / �0 x / O= ',w o t5• • 4 EDUCATION LAW. / 78 1 / I / / / /, / / / �: . T. COPIES OF THIS SURVEY MAP NOT BEARING ab/ / / / / /6g/ / •• .4. • a ,Q• THE LAND SURVEYOR'S INKED Si."1 OR I ti EMBOSSED SEAL SHALL NOT BE .:ONSIDERED At' .i6O / - Icr•• ': ' �j I�J TO BE A VAUD TRUE COPY. /� / / / / � V7 / El / e� • ; °•' L� U 1J CERTIFICATIONS INDICATED HEREON SHALL RUN A/ �61 / / / 64.5 • + 1 • ' [-It ONLY TO THE PERSON FOR WHOM THE SURVEY 8 �o • • • a IS PREPARED, AND ON HIS BEHALF TO THE •> \^ / ,� Vv/ / ,/,- • • • - ' (� �'�'}� TITLE COMPANY, GOVERNMENTAL AGENCY AND •• 2/ ON USTED HERECN, AND / 'j am' s, 75.1 �/� 9� / QPN-4.• • ..dna:: :0 �` MAY �l GiiW TOLENDING THE ASSIGNEES OF THE I ENG N INSTI- .ofTUTION. CERTIFICATIONS ARE NOT TIANSFERABLE. H1NG O 6 • ' 4 . to • d R0� / /- • -9 I , THE EXISTENCE OF RIGHTS OF VAY ' 4400o1`I, / �� e• • •6�•': ' _ ANYY, NOT SHOWNTAREFNOTRECORD GUAItANTEED. • • •• .• •4 ' 4 : . ,1 '01\-C . . S \ NPREPARED IN ACCORDANCE WITH THE MINIMUM • ' '• • \`!) STANDARDS FOR TITLE SURVEYS AS ESTABUSHED , ....i ; BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE 4' THE NEW YORK STATE LAND Joseph A. �1 �- TITLE ASSOCIAT4 '- ,....i \risi %'— Landrva of /,.."-...;--`:,:, ,: 1,,,,,,, , ; ,,,_,. . ...:,..,, ,, w J1` , .,, 6,,--- , ,- w Title Surveys - Subdivisions - Site Plans - Construction Layout 1 \,,. • :: , ./i . , PHONE (631)727-2090 Fax (631)727-1727 ti 'i (;�' r `'OFFICES LOCATED AT MAILING ADDRESS ```' ` .•"^``` -� N.Y.S. tic. No. 49668 1380 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 20-249 %�0.' SURVEY �. OF Buy OG P/0 LOT 12 Yo m , Jho 40 1 O _ 9 1 E o�. �, BLOCK No. 1 O G G• O % \ 87.9 OJi MAP OF 0 CAPTAIN KIDD ESTATES 0 •,.. ` FILE No. 1672 FILED JANUARY 19, 1949 E9� R T °' a \ • "' • ,ro� '• "a °' • ..•• <y \ moo co SITUATED AT e • • • • MATTITUCK �' mac?. . • '• �• ' • ;r-A 86.1 t{ •�:�• • •• N°88.$' . . •. • . . 0,, fN�W,RES TOWN OF SOUTHOLD • �� ��� �+ SUFFOLK COUNTY, N W YORK 94.2 ' - .....4. �A S.C. TAX No. 1000- 10. 7 • SCALE 1 "--20'#� �181 "� rov�H�`D 83.6 APRIL 10, 200(1` O� �� 97.0 Z001# lf, �® 2 ' PV0Po t2 POO •-•. ..s •.a AREA = 24 808.78 sq. `;/; 013, . 4 . • \ . . ::.... 0.570 ac. gip.. .'1 • 1ii `'.' \<;', •.' 4i,oz.2 _ . - o '' �9 �� \ /NOTES: a• `icP. :� -- ;�`*::/ �� O . �• ..4 pyo � °,;',4,..,A. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM • d 10`•9 v • / ���• o EXISTING ELEVATIONS ARE SHOWN THUS:So.o x 1us.7 \\9 ,� 1oz - ;.:;; ; ; o EXISTING CONTOUR LINES ARE SHOWN THUS: so- - 00 \ •\ • T.W. - TOP OF WALL �' 0' ' • 80.s °p B.W. - BOTTOM OF WALL f03.. � 0 4: 4.. . ,• \ 0 ., i}ti x\ \ d`. • i ' la'4,. . , "Po, \ \ .: . .. • F'tCLOC7H 11.E ..,. . \\ \ �f • s ' .4104.4 ` / / f ,I ` \ �yc� \ • �� .. ,. -. 1 O l 1 41/ I \ l'() 4 • y.• O) 03.4 / t . PC) ` •�G� : ^i ' \?' / 11 0( , (:;A .. . ./ • % / •/ ::•>`.,:• `;' 92 3 \ /. - 77.1 'Yr • yy / \ l I I \ \ 4 • C' ' f I x `• 98_7 ./. 6' .._ 4 \ a _ l / \ 0 1 ? �P •. / QJ I \ • • 74.9 / ii 2 , \9 y• x 33 / O / �/ / �/ 4 17 y, \ ' .. 4. ' . _a4.4,,,„/<-0, N lf O • Q / .4.,--'' ••;1. Qy� / , / / I �. 9 71.1 / y 10 •b _ .� / <%.\ / / / / i I I �\' '�i�A,�, - . .°.\! a . /1 O --Vi II • / • \ ! / •d/ 88.2x / / 8� 1,Y \ 1 • \'d � \9 / -\)- \ • K%- s \\O / \ / / \ r0o"d •i , x877 / / / ! a\ l 0' -. XV-C 102 ° ,.\s / /\ / // • 0'.... .••"te °*' / \ / ..<34 0 ----- Z e 5\') / ,-- ..„-- - ./C) • 9a/� Z. � / / / / / / / / 74.2x/ ' 6 .2 • (,)N, •P o 9b •• � �6 / / / // / / / / "i / / „ •,._ / • L • . / ' .. / c�'' • 92 ,---- �R / / / / / / x 73.6 / QG3�..' 60.9 e . ° 4 • p / d • �7P a Q • • 0/ / �yyc cbry/ / / x 74.8 // // /\<a`? 61 9 9 i / / / X 71 3/ a m •. e • / / / / / % / / :\? ..5•••:•a , e • UNAUTHORIZED ALTERATION OR ADDRION / / \ d TO THIS SURVEY IS A VIOLATION OF S$ O / x 73'6 / 0.7 a •' • SECTION 7209 OF THE NEW YORK STATE i /8.1 i x1 n / ° . 0 COPIES OF THIS SURVEY MAP NOT BEARING 86' At / / /6 1 a d• THE LAND SURVEYOR'S INKED SEAL OR - C../Os f . • EMBOSSED SEAL SHALL NOT BE CONSIDERED / I / VO/ / • '3 • TO BEA VALID TRUE COPY. 4 • 94 ONLYTOTHESPERSION�FOR WHOM THE SURVEY gb/ �� p/ / / / 64.s • �' `,' IS PREPARED, AND ON HIS BEHALF TO THE .h ^ / 0/ V 1/ / ./. ° •a ••. • ' . �� TITLE COMPANY, GOVERNMENTAL AGENCY AND <k),) 75.1 / ,5\.) / � �E4 .4Oa. ..• o LENDING INSTITUTION LISTED HEREON, AND \s / e �� • a� PPS ••. i �` ► INSTI- TUTION. ASSIGNEES SSIG CERTIFICOF AHE TIONS NOTDITRANSFERABLE. 4;2----- 1 ?/ E� Y / 6 8 � wycj • R� /- . . . . . --C) 44000 / 70_8 0 '•• ' THE EXISTENCE OF RIGHTS OF WAY 11 4 d°, ° .°. AND/OR EASEMENTS OF RECORD, IF ,�O d �� ANY, NOT SHOWN ARE NOT GUARANTEED. e • {\\J^ d e 5‘ '. ..%'k ' d PREPARED IN ACCORDANCE WITH THE MINIMUM • •a • STANDARDS FOR TITLE SURVEYS AS ESTABLISHED •• • BY THE USE. AND APPROVED AND ADOPTED Joseph ■ I n e/ �'\ • FOR SUCH USE BY THE NEW YORK STATE LAND iV1rj A. TITLE ASSOCIATION. Land Surveyor Title Surveys - Subdivisions - Site Plans - Construction Layout 1 PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS N.Y.S. Lic. No. 49668 1380 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 • a 20-249