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o4r) /-49e.ZO/e /9-sSa , c ,3rS/s /� //1 //qf. O0.4e, /yeee/e4 /l&W a a7'CFF®Le. +i2Z49 An. 47 oo Pet' oeSc&a �iG� uC©i' %- - A4'A Siv- .ec r-,f s'1 y ins !/4'& c c5L=Aeb " 4 Jo/afro 2 ec, „ APPEALS BOARD MEMBERS ,s,,0E KCDN. Southold Town Hall IS Oy53095 Main Road � Gerard P. Goehringer, Chairman t` o= Sc P.O. Box 1179 James Dinizio, Jr. t H en I Southold, New York 11971 Lydia A. Tortora VO 'F 0 ZBA Fax (631) 765-9064 Lora S. Collinsy'JIO/ 4: ”00 Telephone (631) 765-1809 George Horning "- ,,,,, BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2000 Appl. No. 4860- Old Harbor Associates 1000-117-3-8.6 STREET & LOCATION: 1195 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicant's property comprises 17,437 sq. ft., measuring about 110 x 142 feet, located on a private right of way off Old Harbor Road in New Suffolk. A survey by John C. Ehlers dated April 30, 1999 shows a 2-story house located in the southerly part of the property. The south side of the house is 10 feet from the southerly lot line and the rear of the house is 29'4" from the rear lot line. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 28, 2000 denying a permit to build an accessory garage for the reason that the garage would encroach into a side yard. Code section 100-33 requires that accessory structures be in the rear yard. RELIEF REQUESTED: Applicant requests a variance authorizing construction of the garage as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Location of the existing house results in the rear yard being 29'4" deep. The proposed garage building is located in the rear yard. It is 22 feet deep and set back 5 feet from the rear lot line. The element that encroaches past the rear line of the house and into the northerly side yard is a 5-foot roof overhang along the front of the garage. The encroachment is 2'8". (2) The building itself is located in the rear yard. The roof overhang is an architectural feature intended to enhance the appearance of the building, but it is not part of the footprint. The encroachment is very modest. 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. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. • - • Page 2—October 5, 2000 Appl. No. 4860--Old Harbor Associates 1000-117-3-8.6 at New Suffolk (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a garage of the desired design 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 Grant the variance as requested. VOTE OF THE BOARD: AYES: Members Goehringer - airm. • , Dini , Aorra, • • s, and Horning. This Resolution was duly adopted '-0). 'GERARD P. GOEHRING R, CHAIR r ir ECEIVED AND FILED BY I THE SOUTHOLD TOWN CLERK DAT 1°11* . 10 ,40 0114 ITown Clerk, Town of Southold i NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 14, 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, SEPTEMBER 14, 2000 at the time noted below (or as soon thereafter is possible): 9:00 p.m. Appl. No. 4860 — OLD HARBOR ASSOCIATES. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's July 28, 2000 Notice of Disapproval for the reason that a proposed accessory three-car garage will encroach partly in the side yard, at 1195 Old Harbor Road, New Suffolk, NY; Parcel1000-117-3-8.6. 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: August 28, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 i fy„ ^ n 0PA) i ..,/ . ica 1 J DORM NO. 3 i naNI TOWN OF SOUTHOLD i18BUILDING DEPARTMENT AUG -ataxy p SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DAt'E; July 28,2000 TO North Fork Design&Development 4605 Nassau Point Road Cutchogue NY 11935 Please take notice that your application dated July 6, 2000 For a permit for accessory three car garage at Location of property 1195 Old Harbor Rd New Suffolk County Tax Map No. 1000 - Section 117 Block 3 Lot 8.6 Subdivision Filed Map# Lot # Is returned herewith and disapproved on the following grounds proposed construction not permitted pursuant to Article III Section 100-33 which states In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard Proposed structure encroaches into a side yard area. Q—.... Authorized Si ure d �� . ..' 1 fj'' 6 2000 I 1 BOARD OF HEALTH Y FORM NO. 1 3 SETS OF PLANS 1 ---+ TOWN OF SOUTHOLD SURVEY LJ`a-DelLJT I01Atri.Cir SCii7tlOLD BUILDING DEPARTMENT CHECK TOWN HALL . SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL 734. :-'.4.4. 1 Examined , 19.... MAIL TO- Approved , 19.... Permit lb. Disapproved a/c pan,A, 4 (Building Inspector) APPLICATION FOR BUILDINGPERMIT Date , 19. . . . INSTRUCTIONS a. This application zust be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan sharing location of lot and of buildings on premises, relationship to adjoining praxises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be camenced 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 praxises available for inspection throughout the work. e. lb building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MATE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of tic Town of Southold, Suffolk County, New York, and other applicable Lavas, Ordinances or Regulations, for the constriction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building -scary inn. i .- ttn (Si:.., ie of applican , or nate, if a corporation) 3605 M554. pi Y!'Gtt./kitclleti•c l!.!3t5- (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plotter or builder Name of owner of premises Oil' Y r b a r 15-4.06/4,C S (as on the tax roll or latest deed) / If applicant 's a cuiµnation, signature of duly authorized officer. (Naze and title of corporate officer) Builders License No. Plumbers License No. Electricians License Na. Other Trade's License lb. + ( ( 1. location of land on which proposed work will be done.I al 46 21d liar Rd House limber Street pfanlet County Tax Map lb. 1000 Section .1 1 7 Block ... ........... Int ._ee.6 Subdivision Filed Map lb. lot (Nate) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: pp a. Existing use and occupancy l� et7IFQ e✓1 'C b. Intended use aril .rm �nry .Preg.e'led. - . � mrrtt�,F3- Repair Removal Demolition Other Work a,. T (flg,.., i)escripticn) Estimated Cost -{ Sr.QC20 fee (to be paid on filing this umber 4 If dwelling, of dwelling units P/ht Number of dwelling units on each floor ..<A'�11 If garage, rnnber of cars 3 If business, cnonercial or nixed occupancy, specify nature and extent of each type of use Si P/4 ,of existingstructures, if any: Front 30, I Rear ..3d0[:?....... Depth Si, L r7 n Height —2t P t Number of Stories Dimensions of same structure with alterations or additi.. • - . Rear Depth ..... tkuber of Stories Dimensions of entire new construction: Front ..Gl....Pb... Rear .e / - f Depth 24:5 -CIL -It Height ..-,1:1 if/rin�j n/��Ninber of Stone's'`' L ..1' Size of lot: Front .M2....I!t..... Rear ..Ifa ? Depth !JP 1-t Date of Purchase e5)./71 Name of Former Owner .Q.4:'; 4 ?,..WA,P!4 11 Zone or use district in which premises are situated ../.l:c am Does proposed construction violate any zoning lar, ordinance or regulation; Will lot be reg.aded Iii(62 P. t� Will excess fill be removed from premises: /YES NJ times of Owner of premises .�4..kejt h.et..f(fsietelkAddress I175 Clol..Y?L°C.. 4.�.. line Pb. Nine of Architect3�''11•r e 545,e.1.....n C1... Address 14 6014e Pkat-v.1'L'6 moue No;S/6533709F Name of;YContractor Addressyy Phone No. Is this!property within 300 feet of a tidal wetland? * YES ...�\.... w *I1 YES, a 1111OL) TOWN TROSIFFS PERiIIT MAY BE REQUIRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dinensions lauperty,lines. Give street and block number or description according, to deed, andshow street names and.indicate her interior or corner lot. // '' // AA l $ 6x c a #"/'aohtea 0wt 5- I .rlr Nal YORK, SS TY OF gQ 1c r 71. G C//1 4 if ./1 being duly sworn, deposes and says that he is the applicant e of individual signing contract) e named, // I1 s the A/G''7.J./y......i/aY1, c67 (Contractor, agent, corporate officer, etc.) aid owner or owners, and is duly authorized to perforin or have performed the said work and to peke and file this ',ication; that all statements contained in this application are true to the best of his knowledge and belief; and the work will be performed in the manner set forth in the application filed therewith. n to before me this day of 19 Jon\F aSsTs :."ARYPUggO New YLMary Public .... Y896 amJ0o a7uamt p pm0' Sr re of 40 =S',0 E OWE ( 4, 452)--g/Hfro "�IN OF SOUTHOLD, NEW YORK . . " PPf:1°ct: :FROIDM DEG N OF BUILDING INSPECTOR APPEAL NO. I/676 D li I DATE `= TO THE ZONING BOARD O� E LS TOWN OESOUTHOLD, N. Y; ��// / Falb 1, (We) .OM..../7:4iv/or ,�Sre,ciefc5 of i )45. ®to beat 60,- EPA Name f' off Appellant StreetAand Number Air kJ S54,I f`o/14.:. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. SflO3 DATED 9.-.1 -co WHEREBY THE BUILDING INSPECTOR DENIED TO Pod) e`h, Q / f�... Ptve/o n2e4I Name of Applicant for permit f of 5605 g ....pf /c Alte1® v /f/ //73c Street and Number Municipdfity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY J.1.4cc. 01/ P4y.r .2r'.� ,a R/iC Street /Hamlet / Use District on Zoning Map District 1000 Section//7 Block3 Lot g6. Current Owner 01,2 gar heir As5nicf+e. Map No. Lot No. Prior Owner h.'h#/4- 4 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ra Section /00 - 33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ,4 A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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)e•een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 4 A Variance to the Zoning Ordinance ( is requested for the reason that Form ZBt (Continue on other side) NORTH FORK DLSIGN & DEVELOPMENT CORP. Plans•Permits•Construction Management 5605 Nassau Point Road Cutchogue,N.Y. 11935 PHONE: (631)734-2441 Internet:www.northforkdesign.com Answers to Variance Application Questions: 1. By granting this variance,there would be no undesirable detriment to neighboring properties due to the following reasons. The proposed structure is in the character of the surrounding neighborhood in both height,and area. Due to the elevation of the property,the neighbor to,the east is well above the proposed structure,and the other surrounding neighbors will not be affected by the placement of this proposed structure due to it's location on the subject parcel. 2. In order to achieve the relevant aesthetic characteristics of the surrounding neighborhood,the applicant is forced to apply for a variance. This is brought about by the placement of the existing structure on the subject parcel,which was not caused by the present owner. 3. We are asking to relax the side yard setback for a covered open roof overhang to a proposed;garage. 'This space will not be used for either storage or living space. 4. We are not proposing changing a natural characteristic of the existing community. The.proposed building will be in harmony with it's proposed site,due to the fact that we are not proposing to regrade the site,but situate the building into the existing slope. 5. The difficulty has been created by the former owners placement of the structure on the site. 6. This variance is the minimum required action by the town to achieve the goals of this project. The remainder of the project is within our rights to construct on this property. REASONS FOR AREA VARIANCE ONLY (to be completed by applicant) : Do not use these standards for "use variance" or "special ' exception. " (Also attach sheets if necessary, with signatures. ) li 1 . An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: d • Plecse See cJJaoIe1 .cores, 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: 3. The amount of relief requested is not substantial BECAUSE 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5. Has the alleged difficulty been self-created? ( ) Yes . ( ) 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) rj7 ( pplicant) AgentUmust attachwrittenconsent from owner. (( Sworn to before me this 1"4l" day fi4rvtJitii:i _ . lWO Notary Public , . - _ Ausetc.D10XERSON &ir*****t*t#*,t rt tt is#ttr NOTARY F•.LUC.STATE OF NEVI YOflC - _.. _.. . GULF D lc .Jr cLK CO,NO.52C l25 txtlk/form.var/temp oc¢r ' ;'- 3e .:� 1- . SURVEY OF PROP i:ERTY ` I SITUATE: NEW SUFFOLK TOWN OF SOUTHOLD S662. 6 ° N SUFFOLK COUNTY, NY 63joo'E . ' Land now or formerly ofW ` \ E Sharon Koehler 11 <ond h Q pp' shliohi it-or F. SURVEYED 04-30-Gig on kaeh/arr,y op. `S ti SUFFOLK COUNTY TAX # 1000 - 111 - 3 - 8.6 7:9; / Suffolk County Tax n /1000 - Ill -3 - HbArea = Il4/i 5f or 0.40 AcresCERTIFIED TO: Nry OLD HARBOR ESTATES °~„Ir �9q��, C0 , // SgnP°y orai o2 m 28 \\ m Fiizo6en ' eoet-rcu N0 Fr. tory ry5 o/ h Fr^'on,,§op`tOF[ _ F/o` 6 = \ D/ Frome eigory C 0 a / y4oro9etS �<- 38/. // / / ^ - To E �� N79°,1'00 109 N / 1,-, „� I .56, / to / / (deed 10.269 kSgo W - / /op sy / / / �" Ig g^ s`sgo CQ ,Cm / //g, 81p, oo ' 2ys93 pono/,�, // / 4 N q.p •.Qcf.�O v9/ or p / ti /tiqe Qs o rher/ / / Ory tm / e S q 11 /. •Th\ owoF. / / l ,,, -,,,, -.44 via co (40 2.tO � qm ..42 "l4 Pc 0 °/ oay q 'steps n. w. 11/44 O„ / °v !tea. r o`3 �n c° Ca) AZ3/4( 1 / / NOTES: ��V6, // 40 / .0'Of Ne �I MONUMENT FOUND 0 0 // qwo '��r���o N C Ey��`D PIPE FOUND n ft+� r T� e Pa ` W A Q .i€ HEDGE sQ1@ossq�n *; 0" be,d Sop. ;r v3� ia /� ere REFERENCE DEEDS: L. 636q P. 330 rip \% N. 020 t, .1 L. Bglq P. 60 (- 4 ` .*O.O ND $VP%�i/ , "...we Ar ' /eeo=v aaa looema ,ose.meeoa wse�a ne.¢oo. a"e - 6Ono are not o-ancferemeoto additional anstI mots JOHN C. EHLERS LAND SURVEYOR 1 GRAPHIC SCALE:I"= 40' ' 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 RIVERHEAD,N.Y. 11901 �_ , 369-8288 Fax 369-8287 REF.D:UOBS\99-155B k9-giO ?el lir vi\ - COUNTY OF SUFFOLK se ;,r> m), ROBERT J. GAFFNEY J SUFFOLK COUNTY EXECUTIVE L © fl v - EN M. JON , -.�-. DEPARTMENT OF PLANNING D'-ECJ)O%yF PLANNING NU - 62000 ) I � j October 27, 2000 `-------- J 'I� 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) A& S Southold Oil Corp. 4813 Wolleben, John 4856 Mandel (W) & Leudesdorf(Arthur)* 4858 Old Harbor Associates 4860 Gazzola, Leslie 4861 Cannon, Lista 4872 *Premises should be encumbered by appropriate developmental restrictions to adequately protect the integrity of the Bluff area,particularly as set forth by the Z.B.A. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCH ORNYIZONINGIZONING\WORKING\LD2000\OCT\SD4813 AUG LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4T1-1 FLOOR ■ P 0 BOX 6100 ■ (5 1 6) 853-5 190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER(5 1 6) 853-4044 OFFOLt Co -; } sip *G-010 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 following to the Suffolk County Planning Ca mission: XX Variance from the Zoning Code, Article III , Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article ; Section Special Permit Appeal No : 4860 Applicant : Old Harbor Associates Location of Affected Land : 1145 Old Harbor Rd . , New Suffolk County Tax Map Item No . : 1000- 117-3-8 . 6 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 Owned 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 construct an accessoi three car garage which will encroach partly in the side yard Copies of Town file and related documents enclosed for your review. Dated : October 26 , 2000 ,/i" APPEALS BOARD MEMBERS 'I��,O" FFO(,-C OG Southold Town Hall Gerard P. Goehringer, Chairman ;0j� r - y1: 53095 Main Road James Dinizio,Jr. 4 y 2 ; P.O. Box 1179 Lydia A.Tortora '-,x` "t ' Southold, New York 11971 Lora S. Collins `. 'f' ` O��i��� ZBA Fax (631) 765-9064 George Horning = 1 41, 1 ." Telephone (631) 765-1809 . ....' BOARD OF APPEALS TOWN OF SOUTHOLD October 13, 2000 Mr. Robert W. Lehnert North Fork Design & Development 5605 Nassau Point Road Cutchogue, NY 11935 Re: ZBA Appl. No. 4860 — Old Harbor Associates Dear Mr. Lehnert: Enclosed please find a copy of the Appeals Board's determination rendered at our October 5, 2000 Meeting. Please be sure to follow-up with the Building Department in obtaining a building permit. Please be sure to obtain a building permit and any other agency permits before commencing any construction activities. A copy of this determination has been furnished to the Building Department for their update regarding their July 28, 2000 Notice of Disapproval and permanent records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department 10/13 /'e, APPEALS BOARD MEMBERS " S�FFOC,� Southold Town Hall ''4 CO -% % 53095 Main Road Gerard P. Goehringer, Chairman c , P.O.Box 1179 James Dinizio,Jr. ;` • '; Southold,New York 11971 Lydia A. Tortora -*/16'1 �� ZBA Fax(631)765-9064 Lora S. Collins ;?1p1 iNg4).0, Telephone (631)765-1809 George Horning _ BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2000 Appl. No. 4860—Old Harbor Associates 1000-117-3-8.6 STREET& LOCATION: 1195 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicant's property comprises 17,437 sq. ft., measuring about 110 x 142 feet, located on a private right of way off Old Harbor Road in New Suffolk. A survey by John C. Ehlers dated April 30, 1999 shows a 2-story house located in the southerly part of the property. The south side of the house is 10 feet from the southerly lot line and the rear of the house is 29'4" from the rear lot line. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 28, 2000 denying a permit to build an accessory garage for the reason that the garage would encroach into a side yard. Code section 100-33 requires that accessory structures be in the rear yard. RELIEF REQUESTED: Applicant requests a variance authorizing construction of the garage as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Location of the existing house results in the rear yard being 29'4" deep. The proposed garage building is located in the rear yard. It is 22 feet deep and set back 5 feet from the rear lot line. The element that encroaches past the rear line of the house and into the northerly side yard is a 5-foot roof overhang along the front of the garage. The encroachment is 2'8". (2) The building itself is located in the rear yard. The roof overhang is an architectural feature intended to enhance the appearance of the building, but it is not part of the footprint. The encroachment is very modest. 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. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2—October 5, 200( Appl. No. 4860--Old Harbor Associates 1000-117-3-8.6 at New Suffolk (4) The action set forth below is the minimum necessary and adequate to enable applicant to build a garage of the desired design 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 Grant the variance as requested. VOTE OF THE BOARD: AYES: Members Goehringer ' airm-► , Dini ' , ra, s, and Horning. This Resolution was duly adopted '-0). ERARD P. GOEHRING R, CHAIR _/' foil,/ofF01 4' ELIZABETH A. NEVILLE �� �� , ��; Town Hall, 53095 Main Road TOWN CLERK } P.O. Box 1179 REGISTRAR OF VITAL STATISTICS �, ®�� _.' ,� '� rvwSouthold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER4101 11•t le Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �so OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 29, 2000 RE: Zoning Appeal No. 4860 Transmitted herewith is Zoning Appeals No. 4860—Old Harbor Associates -Zoning Board of Appeals application for variance. Also included is a letter from North Fork Design& Development Corp., Building Department Notice of Disapproval,building permit application, ZBA questionnaire, an applicant transactional disclosure form, a copy of the property card, two deeds, a copy of the survey, and one set of building plans. • 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. ) <;9/11b£a !a. A i6, 4 iA/ .U1P_ k52.4 2 i4 R, 2 y o ,/'A't4-i-SAI B. Is the subject premises listed an the real estate market for sale or being shown to prospective buyers? { } Yes • (xa No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes )4 No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map srhm,tted with this application? /✓,9 3 . Is the property bulkheaded between the wetlands area and the upland building area? /'✓� 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? pi; E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ti,4 (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? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? YiE5 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Re si t en ce. and proposed use Rest ei r)c . Author ed gnature and Date 3/87, 10/901k • • APPLICANT TRANSACTIONAL DISCLOSURE FORH - The Town of Southold's Code of Ethics prohibits conflicts of A 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: OJLL liar dor. ,455'' ,4 1 e 5 (Last name, first name, middle initial, unless you are applying in the name of someone else or • other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance ) - Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) • Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "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 X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee o- his or her spouse, sibling, parent, or child is (check `all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); a) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation): C) an officer, director, partner, or employee of the applicant; or i0) the actual applicant. DESCRIPTION OF RELATIONSHIP 0 W Submitted this day of SignatuL fe\ .- 4/./i /-//i',-44/1t/vr� Print name � /lJ 1 OP SCHEDULE A (Description) PAP 1.281064 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, { lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows : BEGINNING at a point on the center line of a certain right of way distant 192 . 74 feet northerly along said center line from its inter- section with the northerly side of Old Harbor Road, said center line at said intersection with Old Harbor Road being distant 116 . 46 feet southeasterly from the southeasterly corner of land now or formerly of Harry Mason; RUNNING THENCE .along said center line of said right of way, North 23 degrees 23 minutes 00 seconds East, a distance of 93 . 84 feet to land now, or formerly of Koehler; RUNNING THENCE along said last mentioned land, South 66 degrees 37 minutes 00 seconds East, a distance of 192 . 00 feet to the ordinary high water line of Cutchogue Harbor; RUNNING THENCE southerly along the said ordinary high water line of Cutchogue Harbor on a tie line of South 24 degrees 39 minutes 50 seconds West, a distance of 105 .18 feet; RUNNING THENCE North 54 degrees 59 minutes 00 seconds West, a distance of 37 . 00 feet; RUNNING THENCE South 18 degrees 01 minutes 00 seconds West, a distance of 23 . 95 feet to land now or formerly of Douglas I. Whelan and Patricia Whelan; RUNNING THENCE along said last mentioned land, North 54 degrees 59 minutes 00 seconds West, a distance of 148 . 70 feet and North 79 degrees 31 minutes 00 seconds West a distance of 10 . 26 =eet to tate point or place of BEGINNING. TOGETHER with an easement over a 20 foot wide right of way as described in Liber 4846 cp 95 , Liber 5116 cp 474 , Liber 8369 cp 326 and Liber 8369 cp 331. • 1000 117 . 00 03 . 00 008 . 004 STATE OF A/&& `'0 P.K.) : ss . : COUNTY OF S&i PL i'.) On this .,29 day of MA .-c-1-1 , 1993, before me came ROBERT L. WHELAN, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. '0).7 c!a/UP,_„457--- • AMY MOST Ilmosy Public.Stow of New** Ha 4884083 OrniNled In MM,,�� COMMe111011 MAO t3,tt.3 STATE OF'ranch nt ) � y BS . : COUNTY OF /rion On this 1S day of 411701 , 1993, before me came DOUGLAS F. WHELAN, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. • /Hatt/0 „I, {Caren Sue Angleberger. Notary Public riCounty / State of Maryland any Commission FredeExpiresck Feb 17. 1987 STATE OF Ala) 70, • ss . : COUNTY OF 5 u Frp On this 0,19"' day of /"/at-►-c:in , 1993, before me came MARILYN RIENECKER, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that she executed the same. AMY FROST Node Public.Stets of New%nk No.UMW Opened In Suffolk oma,gv • C mmission Expires AviM 1%tt..W 1 - STATE OF A t )`-fig1C) : ss . . COUNTY OF 5/a Fl-U 1_IC) I On this 3()4'' day of I"'jo�, ,-c - , 1993, before me came ELIZABETH FRIEMANN, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that she executed the same. J OAK FROST • Neleivrebtle.State New** mcksoCanvelesion SClesOW eineA 1 STATE OF FL()R11)A I') ss . : COUNTY OF 1)/Ara-LLL-01 )s On this 2n1day of /1,2v' ' , 1993, before me came JAMES W. WHELAN, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same'. - dae„)7° ed-0...C.,)-2-0 at CAROL NOS1NS10 Norrnaaaante. • wc I wEUSW tint== COMO CC ORM STATE OF ) r ss " COUNTY OF C(. On - this 591- day of � , 1993, before me came KATHLEEN TIERNEY,t to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that she executed the same. uCCL-L-7-7L,(:;; L--A7-)L/ JUDITH G. LAMY NOTARY PUBLIC LAMY INSURANCE AGENCY My Commission Expires All Forms of Insurance beptember 16, 1994 One Boston Road Downtown Southborough SOUTHBOROUGH, MASSACHUSETTS 01772 • - l Standard N.Y B.T.U.Form 8002• -Bargain and Sale Deed. with Covenant against Grantor's Acts—Inuhudual or Corporation(single sheet) WC82 r rs:N4\Q \`.L� \ N� CONSULT YOUR LAWYER REF- 'SIGNING THIS INSTRUMENT—THIS INSTRUAL_ ,I SHOULD BE USED BY LAWYERS ONL , 11633PC2D , �9O 321'71 / THIS IND made the ' ,P9 day of mi�do, , na. ineteen hundred and ninety-three BETWEEN OBERT L. WHELAN, residing atiOld Harbor Road, New Suffolk, NY 11956 DOUGLAS F. WHELAN, residing at,1q232 Deer Lake Road, Derwood, MD 20855, /MARILYN RIENECKER, residing at,ast Wood Drive, Cutchogue, NY 11936,,ELIZABETH FRIEMANN, residing at 155 Pinewood Road, Cutchogue, NY 11935, -JAMES W. WHELAN, residing at 2321 East Vina Del Mar, St. Petersburgh Beach, FL 34706 and' KATHLEEN TIERNEY, residing at 9 Overlook Drive, Southborough, MA 01772, being all of the devisees under the terms of the Last Will and Testament of Elizabeth Whelan,deceased ' party of the first part, and SANFORD FRIEMANN 'and ELIZABETH FRIEMANN, his wife, residing at 155 Pinewood Road, Cutchogue, NY 11935 ' 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 improvements thereon erected, situate, lying and being in the I I 15/-zedr" M'eo - I SEE SCHEDULE 'A' ATTACHED / 2. oe2 :.,...., • 3217 . RE; 14'F:-i m'�` • iIT 1 " $,_r,.L4i'cz �- • JUN Jif N93 • 4/ . TION:;;-Fi` I ,l. r(IEIX �i � l )L.. I i1( (t I r1. ! /A/ // ����•8.1bAfh.r-a✓V.-'w•]M 7J" o8//}//' ICtTry. F ROp TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 447::) x r roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances ��t and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO v,qF�° HOLD the premises herein granted unto the party ()lithe second part, the heirs or successors and assigns of (0.4 1093 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 1 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 hist to the payment of the cost of the improvement before usi ig any part of the total of the same for any other purpose. The word '`party" shall be construed as if it read "parties" whenever tie sense of this indenture so requires. ` INrwritten.WITNESSI WHEREOF, the party of the first part has duly executed this deed th ity and year first above , Po--1 I. v '�Y�� IN PRESENE OF: , _\ � N Cobert L. Whelan Dotigl as-V. Whelan ' e:22 ( a , ic, /`�•11 /11,k(_, : 1?.,.9.0Lr01.4777.1;;161)4„, Eliz etriemann, -k-- ii-€.4..47,. , . Whelan Kat gen Tierney 7 l -- STATE OF NEW YORK,(COUNTY OF ss: STATE OF NEW YORK, C `TY OF sss On the day of 19 , before me On the day of 19 , before me personally came 1 personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. , executed the same. • STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and- the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the of that he knows , the corporation described in and which executed the foregoing instrument; that he t to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is sur', corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 1argain anb &ale Medi SECTION 117.00 WIIII COVENANT AGAINSI GRAN IOR'S ACIS TITLE NO. A '�7KPjatc BLOCK 03.00 ROBERT L. WHELAN, DOUGLAS F. WHELAN, LOT 008.004 MARILYN RIENECKER, ELIZABETH FRIEMANN, COUNTY OR TOWN Suffolk JAMES W. WHELAN AND KATHLEEN TIERNEY TO SANFORD FRIEMANN and ELIZABETH FRIEMANN Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS /J >; Distributed by is 9 !:/ AV•i G^r�,+/v —,j�S First American Title Insurance Company .• of New York "d9. 9:17:? W U E 0 U Z a oe 0 at u. O W N 2 . U t VI Y_1 1� ' W DL WA W . r rt 361.30 . • 11956PC036 — PF ?flFP (4)(6,2, I RECD Number of pages l� $- �� ' 1ORRENS REAL ESTATE 99APR -7 PH L : 29 • APR 07 Serial # Dbti•,"tt,: P. ti CLEM (l1= Certificate# TRANSFER AX I SUFFOL!i COUNTY SUFFOLK Prior Ctf. # COUNTY . . Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/ Filing Stamps 4 I FEES ['age/Filing Fee ;R/ Mortgage Amt I candling - ' I I3asic Tax TP-584 , S 2. Additional Fax Notation 3‘° Sub Total EA-52 17(County) 5 Sub Total Spec./Assit: Or EA-5217(State) Spec./Add. 4-6o ���CfA, TOT. MTG.TAX R P.T.S.A. y fC I ,t Dual Town Dual County Comm. of Ed. 5 00 !r - 1' I leld for Apportionment Affidavit w + r d' + ,, Transfer Tax ''Uf,b gyp` ; Mansion Tax Certified Copy -'-',_,:,-ra. The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total 1/-5 dwelling only. Other YES or NO GRAND TOTAL 3� / If NO, see appropriate tax clause on page of this instrument. ?� ,aa 9,, Real Property Tax Service Agency Verification J 6 Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ ,Q .,--10/)0.00 's..1,• CPF Tax Due $ I 1 O0 D t l 7. �0 0 3. 00 �08.0L•.'', qltivici4 . '. •... Improved X Initial c _ Vacant Land _ 2.1 Satisfactions/Discharges/Releases List Property Owners Mailing Addriss TD JO RECORD& RETURN TO: ' ' TD \I\j. Eriaid - s ,- i • t :,,'? BCI tf r (��'G Form 8007.8-88 5M—Bargain and Deed, with Covenant against(iraator's Acts--Indivii' r Corporation Y'P77 CONSULT YOUR LAWYER BEFO.... -IGNING THIS INSTRUMENT-THIS INSTRUNO :SHOULD BE USED BY LAWYERS ONLY. Y.S . 'ansfer .x 40. 00 THIS INDENTURE, made the 8th day of March , nineteen hundred and ninety—nine BETWEEN DOUGLAS F. WHELAN and. PATRICIA WHELAN, his wife, residing at 302 Benwell Court, Morrisville, North Carolina 27560 .1 party of the first part, and OLD HARBOR ASSOCIATES, asspartnership having its principal place of business at 1165 Old Harbor Road, New Suffolk, New York' 119 5 6 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10 . 00) - dollars, lawful money of the United States, 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 ATTACHED SCHEDULE A) ,\NMAP �I(N\TION 1000 117. 00 03 . 00 8 . 006 Paris 7 of 6 SCHEDULE A • PARCEL 1 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : CO BEGINNING at a monument which is the southwesterly corner of, the premises about to be described which point is North 23° 12 ' , 20" East 103 . 54 feet distant, from a monument located on the northerly side of Old Harbor Road where the easterly line of McCabe intersects same; running thence North along land of McCabe and Koehler and Murcott North 23° 12 ' 20" East 142 . 65 feet to a monument; running thence' along land of Koehler and Murcott South 66° 37 ' 00" East 110 . 00 feet to the center line of a 20 foot right-of-way; thence along the center line of a 20 foot right-of- way South 23° 23 ' 00" West 142 . 65 feet to a monument; thence North .66° 37 ' 00" West 109 . 56 feet to a monument at the point or place of BEGINNING. TOGETHER WITH an easement and right-of-way for purposes of ingress •and egress between said premises and Old Harbor Road for persons, vehicle's and animals to be used in common with the successors and assigns of Sanford Friemann and Elizabeth Friemann and future owners of any property abutting on said right-of-way and their guests which right-of-way is described as follows : BEGINNING at a monument located on the southeasterly corner of the above-described premises; running thence North 66° 37 ' 00" West 10 feet to a point; running thence South 23° 23 ' 00" West 143 . 93 feet to the northerly side of Old Harbor Road; running thence along the northerly side of Old Harbor 'Road South 46° 18 ' 30" East 21 .32 feet to a point; thence through land of Ross and Schriber, Sargeant and Friemann North 23° 23 ' 00" East 286 . 58 feet to land of Koehler and Murcott; thence along land of Koehler and Murcott North 66° 37' 00" West 10 feet to a monument located on the northeasterly corner of the premises herein described; - thence along the easterly boundary of the premises herein described South 23° 23 ' 00" West 142 . 65 feet to the point or place of BEGINNING. Subject to a like easement and right-of-way over the easterly 10 feet of the premises herein described in favor of the successors and assigns of Sanford Friemann and Elizabeth Friemann. The party of the first part also covenants and agrees with the parties of the second part to grant the parties of the second part, their successors and assigns, a perpetual easement over the following described property: ALL that certain parcel of land on property of Sanford Friemann and Elizabeth Friemann which is southerly from a line described as follows: •BEGINNING at a monument which is on the northwesterly corner of the premises of Friemann which monument is North 23° 23 ' 00" East _186 .58 feet from a monument located on the northerly side of Old Harbor Road where the westerly line of land of Ross and Schriber intersects same; running thence from said point of beginning on a course of South 79° 31 ' 00" East across the land of Friemann approximately 200 feet to the high water mark of Cutchogue Harbor for the purpose of receiving light, air and an unobstructed view over that portion of the real property of Friemann southerly of the above-described line to the extent that said light, air and view will be received and enjoyed, by limiting any structure, fence, trees or shrubs on said property or any part thereof to a height not exceeding 3 feet. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated December 17, 1977 and recorded in the Suffolk County Clerk' s Office on January 4, 1978 in Liber 8369 Page 330 . • SCHEDULE A • PARCEL 2 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and Sate of New York, bounded and described as follows : BEGINNING at a point on a line bearing North 23° 23 ' 00" East 186 . 58 feet from a point on the northerly side of Old Harbor Road where the same is intersected by the westerly line of land of Ross & Schriber, said point being 186 .58 feet north of the northerly line of Old Harbor Road; running thence along land of Sargeant the following two courses and distances : (1) South 79° 31 ' 00" East 10 .26 feet; (2) South 54° 59 ' 00" East 197 .30 feet to the ordinary high water mark of Cutchogue Harbor; thence along the ordinary high water mark of Cutchogue Harbor North 19° 31 ' East 30 . 0 feet to a point; thence through land of Friemann the following five courses and distances as follows : (1) North 54° 59 ' 00" West 48 feet; (2) South 18° 01 ' West 23 . 95 feet; (3) .North 54° 59 ' 00" West 148 . 70 feet; (4) North 79° 31 ' 00" West 10 .26 feet; (5) South 23° 23 ' West 6 . 16 feet to the point or place of BEGINNING. Reserving to Sanford Friemann and Elizabeth Friemann an easement for ingress and egress over the northerly 10 .26 feet of the aforedescribed premises. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated October 30, 1980 and recorded in the Suffolk County Clerk' s Office on November 21, 1980 in Liber 8919 Page 60 . • Page 4 of 6 s ' TOGETHER with all ri, title and interest, if any, of the party o, 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 incumbered 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: DIuglas F. Whelan-- Yit Patricia Whelan Page 5 of 6 NORTH CAROLINANORTH CAPn,T INA T Csa STATE OF 1N.WMA11t. COUNTY OF ./..14441.77,3 ss: STATE OF NIEW K, (NTY OF /✓UF/ 4-k ss: M On the ®H- day of March 119 9 9, before me On the esday of March 19 9 9 , before me 0 personally came DOUGLAS F. WHELAN personally came PATRICIA WHELAN a to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same, she executed the same. • OQo . Notary Public Notary Public • My Commission Expires Z i 7 e��/'�� N •LAfillrfi stars ,Y:ia 1 6:u / e acs L� 7 t �;. :&., STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ,i: On the day of 19 , before me On the day of 19 , before me personally came, personally came to me known, who, being by me duly sworn, did depose and the subscribing 'witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seas affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw _ affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 3Sargain anb bale 31Beeb SECTION WI I II COVENANT AGAINS 1 GRAN I OR•S ACI s TITI E No. BLOCK LOT DOUGLAS F. WHELAN and COUNTY OR TOWN PATRICIA WHELAN TAX BILLING ADDRESS TO OLD HARBOR ASSOCIATES Recorded At Request of Thor Title Guarantee Company RETURN BY MAIL TO: W GERARD ASHER ESQ D,nr.bu,rd by 444 NEW YORK AVENUE HUNTINGTON NY 11743-3432 TICOR TITLE GUARANTEE Zip No. Page 6 of 6 W u W O I 0 0 W cg W O W h C O W • W U 4 h VI 5r. •W W Icc Town Of Southold • P.O Box 1179 ,, -- Southold, NY 11971 * * * RECEIPT * * * Date: 08/25/00 Receipt#: 1028 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1028 Total Paid: $150.00 Name: Old, Harbor Associates 1145 Old Harbor Road New Suffolk, NY 11956 Clerk ID: LYNDAB Internal ID:17120 42/0.1h 1//)45e2i9se. FOR BOARD AND STAFF USE Updated New Information 9A y l9ait• ak,d. 641. I a i V ZONING BOARD OF APPEALS TOWN,OF SOUTHOLD:NEW YORK ---------------------- ----------x In the Matter of the Application of Oa 1-1r1011- 145,5'0o/4-/e.� AFFAFFIDAVIT (Name of Applicants) MAILINGS CTM Parcel #1000- 1/7 - 3 -.9, j - --x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Re'6t' 74 l-e,4n et 71- residing at 44- ‘014-e- 1%&� '0 v1k ‘e4,1,,. . , New York, being duly sworn, depose and say that: On the 7 day of .s-T -ewde ^ , 2000, I personally mailed at the United States Post Office in aeeu'i 5/dci , 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 , for every property which abuts and is across a public or •;• -t =.'-et, or vehicular r'•-ht-of- way of record, surrounding the applicant's*e . / t� - —. - . re .< Sworn to•bef►re r,- this day o 1 ' ' 4 , 2000. - ._,atig • ,,-J,:, .,„:: 11S.? iL' State o.ew.1 . (Notary 7ub" ) No.485619E .:,i.ez ,n Nassau j PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----- - -- ----------- x In the Matter of the Application of AFFIDAVIT 4l4.- /�oz,-do0" /4155,0, M.--4_5 OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- / / 7 - 3 - 9, 6 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, biker teh4� '.-71- residing at 4 t(e14 )%ee )oe d vi//e- L'ell ire- , New York, being duly sworn, depose and say that: On the 5 day of S-eie/-e '-01, 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 remaine• pl for sev-n d-_ prior to the date of the subject hearing date, lie ' date s,= -o be (Sig - ure) Sworn to bef•re me is • `) day of 00 " A 000 . 4,6'___ , - .„ .:. fNa 4�5,-i o i,ed!a1 1,s13Ssaa (Notary P t b 'c) *near the entrance or driveway entrance of my property, as the area most visible to passersby. Southold To Board of Appeals -6- June 23, 1960 , will return - the conditions of the It to further _ - be denied tinder this special exceptions the .g (4) additional signs on the face of Ulla in the tour I the Boards Alyea,- Ur. CilUspi. Bergen, and Ste« Origonis* * * * PUittle aeithaeitt 0400 1414.• appeal So. -283 vi* Upon applift cation of James C. tewalans Old Sarbor Roads new Suffolk, riew Yorks tor recognition of Access in accordance with State of low TOrk Town toms Sortie* 280A• Location of property* North Side Old Barber Roads tlew SuffOlks New Yorks- bounded north by P. Barters coat by other land Of the applicants South by Old line= Roads and west by other land of Ott applicant:4 Wo fee necessary for access. The Chairman opened the hearing by reading application for a variances legal notice of hearing and affidavit attesting to its publfration in the officisl oseepapeor• 11111 44048031t is there anyone preaent who wiShet to ape; for this OffotteatiOn? 1 MVOs* X speak for the application. CISUMIS8 Before we begins I believe the description of the access is incorrect. With your pendent= we will correct the distance of 286.38 tett to read 18648 feet' On motion, of Mr. Rosenbergs seconded by sirs Origonies and carried, the application for a VOXIMICO was amended to reads; *Thence IL 23° 236 E. alOng renter /the of rightmotkiwey a distant* of 186.58 fest" _ - VIM, Of the_Barth AyIS-. Bergen. Sr. Rosenbeg. end Mr. OrigOnis. ) MOM* lir* Whalen, *by do yOu consider this a hardship? /2/0/ Seuthoid • Board of Appeals -7- June 23, 1960 „ , WOW* The r t-ofeisixr 1a bitting paved the full dist • itImnild Wan Undtie -edih the faeskrT were,Reivd The applieatires la being rade, r to . the:fir* the prospecti t with-the sale .Asa he is granted ams to the mitt, .TBE OBRIRNIGh le there anyone else present who wishes to se* fer this icatian7 Walk vas no response.) TOE CBA/Mata Zs there anyone present who wishes to 042004 ,amt this mol t Oilers was no-response.) - esolution was o#fed by W. Gillispie, seconded by Mx. i2rigonis4 and carried, WPISIXBAS application of`Sams C. Whelan having been considered at Public ging LTo.► al on Owe 23, 1960, and the Board tindissithat strict application of the ordinance would produce herb-Ship because aeons is necessary to cete:the .tie of this WS provost/ ikttich is an inside lot. The sittation le unique d old not be shared Itgiall properties alike in the mae to vanity because thin is the only parcel in the ienedtate vicinity bei dived and requiringamass fo it.. -MO pubieconvenience and welfare and juatice 14111 be saw ed 01314 tbe legally astabUsbed or permitted use of neighborhood PrOPOrtf and **gent dMt t� would be substantially +cam * y`injured `,frit of.the Orli would be *d because the proposed, use of the property is residential in ing•with the neitjhbotheod, therefore be it MUM that this application for accosts be granted as aftesitsdo Access described .as followss Begg at a monument on 014 Rather Road, situate on Barthar1y line of property of fdeian, thente running 116.46 feet along Northerly line of Old Batboy Road to center line of rightOf way. Thence fit. 230 23' B. along center line of right of way a distance of 186.58 feet. easterly and Westerly lines of said right of way are 10 feet from center line parallel and at right angles thereto. Vote of the Board* Arms*. tis. 6 i11 pipe, ate. Bergen, Mx. Rosenberg, and my. Grigonis. r • s A/02 Southold Town Boak_a.JDf Appeals6 August 18, 19 Regular Meeting (Appl. No. 3741 - WHELAN decision, continued) : { ACTION OF THE BOARD OF APPEALS Upon Application of DOUGLAS AND ELIZABETH WHELAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-008. WHEREAS, a public hearing was held on July 14, 1988, in the Matter of the Application of DOUGLAS AND ELIZABETH WHELAN under Appeal No. 3741; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for a Variance under Article III, Section 100-31, for permission to construct a 10 ft. x 16 ft. open deck (with railing) along the easterly side of the existing single-family dwelling structure. The setback requested is 22 feet from the inside line along the right-of-way easement as shown on the sketched survey amended September 23 , 1980, prepared by Roderick VanTuyl, P.C. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3 , Lot 8.6. 3 . The premises in question contains a total area of approximately . 413 acre(s) and is improved with a single-family dwelling of a size 25 x 30 plus 9 ft. x 18 ft. addition and garage of a size 13 x 30 feet. 4. Article III, Section 100-31, Bulk Schedule, of the �l®, Southold Town Board of Appeals 7 August 18, 1988 Regular Meeting (Appl. No. 3741 - WHELAN decision, continued) : Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The present setback of the dwelling appears to be at 42' 5" from the property line along the center line of the right-of-way and at 32' 5" from the westerly line of the right-of-way easement. The reduction proposed by this application is from 42' 5" to 32' 5" from the actual easterly property line, and from 32' to 22' from the nearest right-of-way. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 10a of the requirement (reduction to 32 feet from the actual property line along the easterly border) ; (b) the relief requested is will not alter the character of the neighborhood; (c) the difficulties are unique and related to the property; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for the construction of an open deck with partial hip roof with a setback at not less than 32 feet from the easterly property line (at the center of the right-of-way) , or at not less than 22 feet from the nearest right-of-way line, under Appeal No. 3741 in the Matter of DOUGLAS AND ELIZABETH WHELAN, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unenclosed, with the exception of the partial hip roof as proposed herein; the deck shall not be enclosed or converted into liveable floor area; 2. The deck be of a size of 10 ft. x 16 ft. , as proposed herein, and not be enlarged; 3. Any lighting which may be placed at the premises be shielded to the property. Vote of the Board: , Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent due to family illness. ) This resolution was duly adopted. 09/14/2000 11:41 516764750' PAGE 03 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the// -Application of OU- ��,o A5SQa/er ries Al=OF AFFIDAVIT (Name of Applicants) MAILINGS CTM Parcel #1000- //7 - 3 -.; c x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, R061 -1' 1-eANtr L residing at f 41' 47/4-c Away Rooky,//e te4,4 . , New York, being duly sworn, depose and say that: On the 7 day of 5,04..111e. , 2000, I personally mailed at the United States Post Office in Dc a•r n 5, 4 , 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 XAssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or •.. =t- , ' -et, or vehicular "•ht-of- way of record, surrounding the applicant's •,,-'p. - Sworn to be'ire this - day • 4 ' al . 2000. iti6411111, . (Notary ub' ) ;.,, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 09/14/2000 11:41 5167647507 PAGE 02 John E. Stumpf, R.A., P.C. Architects•Engineers•Planners 44 COLLEGE PLACE ROCKVILLE CENTRE,N.Y. 11570 PHONE: (516)538-7048 FAX: (516)538-4090 Internet:www.blvdplan.com ' September 14,2000 Zoning Board of Appeals Town of Southold VIA FACSIMILE Re: Old Harbor Associates List of Neighbors Notified: Mr. Sanford Frieman P.O. Box 968 Cutchogue, N.Y. 11935 Mr.Frederick Koehler Old Harbor Road New Suffolk,N.X. 11956 Ms. Dorothy Sargent 1155 Old Harbor Road New Suffolk,N.Y. 11956 Mr. Hugh Dangler 855 Old Harbor Road New Suffolk,N.Y. 11956 fi`7— 3- ' A, Sez,vtildr d 9rP-e/evexeu 1.5 same cis ®Lb /4/1-raalz acsOcD 09/14/2000 11:41 5167647507 PAGE 04 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT '/01, Yee,41€2 1 1255-sAlie- 5 OF SIGN (Name of Applicant) POSTING Regarding_Posting of Sign upon Applicant's Land Identified as 1000- 1 ) 7 - 3 ' " COUNTY OF SUFFOLK) STATE OF NEW YORK) I, RoAfe itohoc''/-- residing at 94 1k5 G /% e- &kw,//eC-eh G , New York, being duly sworn, depose and say that: On the 5 day of Seiviffife� 2000, I personally placed the Town's official Poster, with the date of hearing end 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 p for sev-n d-- prior = =prior to the date of the subject hearing date, . e date - .- • be (Sig - ure Sworn to bef-re me , is 1) day of ' ' 000. • (Notary P b'c) `near the entrance or driveway entrance of my property, as the area most visible to passersby. 09/14/2000 11:41 516764750 PAGE 01 JOHN E. STUMPF R.A., P.C. 44 COLLEGE, PLACE ROCKVILLE. CENTRE, N.Y. 11570 Ph - (516) 538-7048 Fax-{516) 5,38 - 4090 • Fax lbs 50c,M o/cA ZU 4 From: Robert W. Lehnert Pala 6 3) — 765— 1 '2 3 Pagan Phone orate: Res CC: 0 Urgent 0 For Review 0 Please Comment 0 Pleas.Reply 0 Please Recycle .. ,..._��i. �"�,: _ .:es .•..,aC�:t:ie� ..-`=C6._ _ ."'a;...Ri,<.2'3�asE...-�':!t'-�..::+T.�a'�":3s_-'�;�": MangreretVairifirS0616049 Legal Notice Mailings Sent 8/28 for September 14, 2000 Hearing Notices: Mr. and Mrs. Robert W. Ingram Robert S. Hughes, Esq. 600 Shipyard Lane 218 Front St, Box 128 East Marion, NY 11939 Greenport, NY 11944 North Fork Design & Development Corp. 5605 Nassau Point Road Cutchogue, NY 11935 Re: Old Harbor Associates Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Re: Cashy & Mithos Re: Arthur Leudesdorf Mr. and Mrs. Allan Tuthill 295 Albo Dr. Mattituck, NY 11952 Proper-T Services P.O. Box 617 Cutchogue, NY 11935 s a- s os Patricia C. Moore, Esq. By fax transmission 765-4643 Re: Keller/Romeo Gary Flanner Olsen, Esq. By fax transmission 734-7712 Re: D'Urso/Overhuls Mrs. Helen Garvey 45-46 Zion St. Douglaston, NY 11362 Mrs. Cathy Mesiano By fax transmission 878-8951 Re: John Wollenben Mr. William S. Ryall, Jr. 135 Fifth Ave. New York, NY 10010 Mr. John Zoumas P.O. Box 361 Wading River, NY 11792 l - -dwelling.:Location`of'Property:2295',,,-,. Contract Vendee-..This,is:A request ; adininistratiOn, :-medie414,ZieCtitag;-_!-;;;; ,,,-for fr-LoeWaiver ai proVided under.,:. •DisapproVal was issued'stating that '' ,9:00 p,in.Appl.'No•4840,--;P:i0';`,, ' , ' County.Tailinap Lot,71.0001542-7,1' 'pursuant-to Section.100-25A of-the reqUeit,.for&Variance under_Artiele,'r 7. ii,t laiNstieel of DisapPriiiazivris3issUed?0,1.;.-1645,Bayview ktenue;:Part of,Lots --Building Department's`My 28;•2000, '..._.,',I • --reaion tifiethe flits,viefg'held inenni-„,-.,--,,-,,SOUTHOLI? OIL .CO.B.P./B:M4.-„,i,"..';side-yard,at 1195 Old-Haijior:Itgard; ,----, ', 115;4.0i121-7.,"o:;yriiiilliP.ii.XOCation‘-1:-of--•-'•-cliNC:(Continued from prior hearing •-',/,New.Suffolk;NY;Parceritip1S_L1:1:7-3,4•.;f, ...... AvALIAm, ,,RYALI.-,;JR.,,This ii a.,,,,,,,,;insufficient year:_Yard,Esetback..--At:',.;--;::or,thei0epresentative2desiring-to,bg_11-;:;,.3 .F.,4:11i,C.SultditiefDepartinerit'S:Jiily?;24,,_' 7:45 p.m..,Appl,"'N'6,. 4839.''' -„- The:hearing-Will not startnearlierthanvt•I'..',,,,1 ,''.';',A--ne.'Vii iiwelfiog,,,-With-,a:sethaek-at 25,,',7111ISTHOS:ThiS is'a:request for'-a:,-review during regulli:JOwn- F.1,:altfl'.:.,,,, :':'ket'iiciiii:Alief;Yonff,i'PrOP'efiy,tiine:;:-' VarianCe,,..-Under,-.'Article "XXIII,-.7;,,business hours(8-4 pni..):If•You liavi.-1;•-•.`.: l''i Narianee,4trideiArtiele.IIL Section's.';',1 and-hot tub arepropos'ea af less,than---7,,,,,,,i • ,r,]- ,SOUTHOLD.TOWN.?'; ;;.-i -. terfrOnt Parcel When ilia lOcaled in a-- -Mr,and Mrs..Mark yevey)regaiding . 4f s/4 I. NOTICE IS•.H.EgEBY-_pliVENA.,;DisaPpiaVal4L144i4,iiew-chVelling: less thin fifti(5,04feet;Of anifot line.- pursuant to Section26,7:4the town;:,- --- ing,aPplicatiodsTarbOlielik*13:07:`'---*ipliaigapixid:so:01,!:-Q05:ti_: --.,::-. ..-''' location-land'prOPOiedjarkini4fea7i:-S that he/she is Principal TOWN BOARD OF_ALPTEALS.;a.1.::,';-ROBERT, „:,`•.;.GAZZOI*JOHN r...,-,'•-(b)'for a•total lanclare&of less than:-..' paper, ! (formerly cat Lot'9)`friird 10606- '- 12,-2000 a Notice of Disapproval4aS---,- Princi oucst,foi,a Yarianoe'Article IIIi used to proyide an integrated,rarige'•-, . .pal Clerk issued stating that Lot 9..3,,mqge4-_,`::.'s-u-cliukt. 1:90-.33,based:un ilin Building,...,-:,of Jnedinai„andiur-surgical•isoico:;:!„.„1 - with adjacent lot 9.3rOu,rsitant to.,,S.07_,:::',..'be-a-rtni. vt,'9i '-' .i'1:''`2000 Notice.- -primarily:for hkpatients,on:a twertc..;,) , Gillette Drive,'East MariOn;-idarfon 1- '- 1-.1 ALI-.4N_and:-HELEN'.TOTHILL.'2.„.,, ,hearisg) care setVices:Ouq_atient clialCaand:, It , Article ',Ras.; Section 490444Wii,li-.4idei:Thig 4a4a.'`Corri-ei',16 located at r:',:i..and integral:seiVices'io,the-in-patient .1:: - ... the-soittli side of c.4.,48-a-itc,l-west. .. services. Supporting',or aceeisory-.,..',.-- 0,0Q9...A_ July,2L 2000 Notice,of•Disapprulial;;-„.7,_siai:,...Pi-:4-YOungs..IX:-/einiei.'SonthOldi:4'.. uies may include a,kitchen for'Prepa-_, ' ' .- . _-_-....' ............. ___-_-____--__- OFFICE OF ' ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 August 29, 1999 Re: Chapter 58 — Public Notice for Thursday, September 14, 2000 Hearing Dear Applicants: 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 must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, within five (5) days from the date hereof, enclosing 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 shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing with the postmarked receipts to us by September 8th . 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. Please pick up and post the Town's official poster/sign no later than 9/6/00. Securely place the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Staff Enclosures OLD HARBOR ASSOCIATES 1. 000- 117-3 - 8 . 6 VARIANCE FOR GARAGE : SIDE YARD SEPT . 14TH - 9 : 00PM