HomeMy WebLinkAbout4438
APPEALS BOARD MEMBERS ~gUFFO(~ C
SON' OG Southold Town Hall
Gerard P. Goehringer, Chairman y~ 53095 Main Road
Serge Doyen y x P.O. Box 1179
James Dinizio, Jr. p .g Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
OI #
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
AS CORRECTED
Appl. #4438 ACTION OF THE BOARD OF APPEALS December 12, 1996
APPLICANTS: GIUSEPPI AND LAURIE J. COMO.
LOCATION OF PROPERTY: 265 Youngs Avenue, Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 61, BLOCK 4, LOT 38.2.
BASIS OF APPEAL: Notice of Disapproval issued bX the Building
Inspector dated November 7 1996. "Under Article IIIA, Section
100 L.4 (ref 100-33) proposed accessory garage will be located in a
front yard rather than a required rear yard."
CODE PROVISIONS APPEALED: Article IIIA, Section 100-30A.4 (100-33)
RELIEF REQUESTED: Applicants are proposing to locate behind the
existing dwelling a 24 ft. wide by 28 ft. deep accessory garage with the
garage doors facing Youngs Avenue, setbacks proposed 6-8 ft. from the
northerly property line. A yard area normally deemed to be the rear
was determined by the Building Inspector to be another front yard,
abutting a former "right-of-way" as shown in a 1959 town record.
MOTION MADE BY G. Goehringer SECONDED BY R. Villa
RESOLUTION ADOPTED: Approved as applied with the CONDITIONS:
(1) the setback shall be as applied lust southerly of the existing shed,
and with a setback at not less than nine (9) feet from the northerly
Er, line; (2) six ft high shrubs for a distance of 12 to 13 ft.
in length shall be placed and continuously maintained along the
northerly property line which directly adloms the Evans parcel
(1000-61-4-34)- (3) all water runoff shall be contained on site;
(4) no habitable or sleeping quarters shall be allowed in this accessory
building- (5) electric utilities is allowable, however, there shall not
be any other utilities; (6) the overhead doors shall face Youngs
Avenue and access to this garage shall be from Youngs Avenue only,
as agreed; (7) Setback shall be 9 ft or more from the northerly
property line and 37 feet from the westerly, rear, property line.,
(8) Highest peak height shall be at 15 ft. from ground as proposed.
REASONS/ FINDINGS: The subject property is otherwise without a rear
yard, and no other alternative is available. The relief is minimal and
meets all other zoning code requirements. Upon information received,
the right-of-way is not in existence. Title searches show there is no
current right-of-way easement of record. Based upon the information
submitted, the yard area chosen is what is most commonly the "rear
yard" under code requirements. There is no agreement by board
members under the information submitted for existence of any ROW.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr.,
Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This
resolution was unanimously adopte/~ / ~ ZBA: k
12/24/96 pproveedd ais Co acted- C. Goehringer
- 3v
APPEALS BOARD MEMBERS ~o~~gUFFO(~-coG Southold Town Hall
Gerard P. Goehringer, Chairman y~ 53095 Main Road
Serge Doyen ca x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa y~I O~ Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Appl. 44438 ACTION OF THE BOARD OF APPEALS December 12, 1996
APPLICANTS: GIUSEPPI AND LAURIE J. COMO.
LOCATION OF PROPERTY: 265 Youngs Avenue, Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 61, BLOCK 4, LOT 38.2.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated November 7, 1996. "Under Article IIIA Section
100-30A.4 (ref. 100-33), proposed accessory garage will be located in a
front _yard rather than a required rear yard."
CODE PROVISIONS APPEALED: Article IIIA, Section 100-30A.4 (100-33)
RELIEF REQUESTED: Applicants are proposing to locate behind the
existing dwelling a 24 ft. wide by 28 ft. deep accessory garage with the
garage doors facing Youngs Avenue. The area normally deemed to be
the rear yard was determined by the Building Inspector to be another
front yard, abutting a "right-of-way" as shown in a 1959 town record.
MOTION MADE BY G. Goehringer SECONDED BY R. Villa
RESOLUTION ADOPTED: Approved as applied with the CONDITIONS:
(1) the setback shall be as applied just southerly of the existing shed
and with a setback between six and eight feet from the northerly
property line; (2) six ft. high shrubs for a distance of 12 to 13 ft.
in length shall be placed and continuously maintained along the
northerly property line which directly adjoins the Evans parcel
(1000-61-4-34); (3) all water runoff shall be contained on site;
(4) no habitable or sleeping quarters shall be allowed in this accessory
building; (5) electric utilities is allowable, however, there shall not
be any other utilities; (6) the overhead doors shall face Youngs
Avenue, and access to this garage shall be from Youngs Avenue only,
as agreed; (7) Setback shall be 9 ft., or more from the northerly
property line and 37 feet from the westerly, rear, property line.;
(8) Highest peak height shall be at 15 ft. from ground as proposed.
R.F.ASONS/FINDINGS: The subject property is otherwise without a rear
yard, and no other alternative is available. The relief is minimal and
meets all other zoning code requirements. Upon information received,
the right-of-way is not in existence. Title searches show there is no
current right-of-way easement of record. Based upon the information
submitted, the yard area chosen is what is most commonly the "rear
yard" under code requirements. There is no agreement by board
members under the information submitted for existence of any ROW.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr.,
Roberti A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This
resolution was unanimously adopted. ZB A-Jk
proved for filin - G. Goej ringer
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE J D ~ H URC~ Li S
i
? Town Clerk, Town of Southold
'APPEALS BOARD MEMBERS • ~0$UffD( `CO •
~G Southold Town Hall
~ yam` "
Gerard P. Goehringer, Chairman 53095 Main Road
o ~ y
Serge Doyen feria x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa y6j~ a0~ Fax (516) 765-1823
Lydia A. Tortora 1 Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF ADDITIONAL HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the Town of Southold, the following applications will be
held for public hearings (in addition to those previously advertised) by the
SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main
Road, Southold, New York 11971, on THURSDAY NOVEMBER 14, 1996:
9:00 P.M. Appl. 14438 - GIUSEPPE & LAURIE COMO. This is an
application for a Variance based upon the November 1996 Action of
Disapproval by the Building Inspector under Article III, Section 100-33C, in
which applicant applied for a building permit to locate accessory building,
and that yard area has been designated a second front yard. Location of
Property: 265 Youngs Avenue, Southold, NY: Parcel ID 91000-61-4-38.2.
9:10 p.m. Appl. #4439 - KID N' ROUND by THERESA WALKER. (Owner
of Property: Anthony Pirrera). This is an application for a Special
Exception for occupancy/use of a rental unit in an existing business center
located at 46455 Countv Road 48, Southold, NY; Parcel ;1000-55-2-21, for
use as a commercial recreation facility, and uses normally accessory and
incidental to commercial recreation, as provided by Article X, Section
100-101B(6) of the Zoning Code. Zone: B-General Business.
For further information, please call 765-1809.
Dated: November 4, 1996. GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski
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CLAIRE L.GLEV1/ "'h{nnlwca(Applirinll)
Notary Public, State of New York
No.4879505
Qualified in Suffolk on Expires December County
19
REMO
N OV 1886
Southold Town Clerk
70A'Ifl OF Sit II IIIULD, IIIV1 YO It K
Z{ ~f3
Ikr)l.l UE(:ISIUII OF IJIJiI.I.)IfIG IIUPF(1011 APPEAL 110.
1 )A 1 1'- ....i1./..40./
LU I II_ Zi) ill It- HO'AR0 OI ivl'I f AI S, 1 U`- 11 01, SOU>IOLD, LI. Y
1 , t V, Fl~,b1=_ >14:k' .:y~. s.....
Main,: of Appcllai,I lied and I'luni6ar
........_._...IIEI(H1Y APPEAL -1"0
MunicipoU(y SIo1e
11111 ZOl lit Ili it(AR) OF APPEAIS Ik(Nv1 I I it: I)LCISIOI'1 OF 11 IF Will I)II'I(5 IPISPEC I OR OLI
APPI I(:;\II(III I-(rk I'LlMllf I•IO_
VJIILI<LIiY IIIL HIMlDII)G lViSPECIOR ULllit_H 70
H oW of Appli,,o,a fur pcnnlt
of n~~_
Sheet and Nuiiiber Munici>ulil Sloie
("f hpw.lI Io L1sE
1 ) lit 1<1r11 I I`OR UCCIII'AHCY
( 1
I OCA 1101 1 Of- H IL PROPER I t
Stleet /Ilallilet. / Llse District on Zoning Mop
DisLrit:l. 10(to Sec[iun / Block4291_ot 3`4.2- ............._.Cw'rcut, Wiwi- L'S C,~~ C~1~ ~/~rU
Mop 1 . 1 0 . t_ut 1,10.. P r i o r Orl ne r 419 /7/7/.'1-•-~7
2 1'ROVISIOII (S) Of- TILE ZOLIIh1G OI(t)IIIAHCE APPEALED (Indicate the Article Section, Sub-
se' non and P augu,plr of the Zoning Ouliuunw by rnuniber. Do 1101 quote the Ordin(Jnce.)
111-tiCIC~~ Section I
3~ I)TI- Of: APPEAL Appeol is made herawllh for (please check appropriaLL I)oX)
A VAItIAIi(:L to the Zuning Ordinance Of Zoning Map
lit,E duo to luck of access Note of Flew Yuck I-uwn Low Chap. 62 Cons. Lows
( ) A VAM/
Ail. 16 Sec. 280A Subsection 3
4. I'ILEVIUIIS AITFAL A prcviou9 oppcal (bas) thus 1101) Lean nxule wilh respect to this decision
of Ihc, It,.] I'll, 41 Inspactar or with respect Io this proparty.
Sujh cppeul wu, I 1 request for o speciol peimil
I ) request far (I variance
_.....Duled ..........................r........................................
and was 11010 In A,ppeol 1'10.
RLASOIIIOR APPEAL
( I A Voilo,,,c to Section 280A Subacclion 3
( ) A Varionca to the Zuning Oidwo,)ca
is inpicslr.',1 lot the iaason tliol
((_onlinac an alhcr vdu)
IiCASOPI FOR APPEAL Continued
I, SIPICT APPUCATIOFI OF rllE ORDIt,InhlCr:,mild pfoducu Proctiarl dilficullies or urrneces-
sory I IAPOSI TIP because
2. The hardship created Is ITNIQUE and is not shnred by all prnperties nlike In Ilhe irnmerlintf-
vicinity of this properly and in this trse district becrnrse
I
3. The Vorloace would observe the spirit of the Orrlinonce and WOULD Nor CIIAtI(;E TIM
ClIARACrER OF IIIE DISTRICF because
j --j -
SIAll: OF MEW YORK 1 \
ss c°J...
.C ) Signnlurr,
courrry OF
Sworn to this ry.. doy of-G~./.Z-z, L.d SL-fl..
19 ~6
hlolary Public
HE-lENE D. HORNE
Nolary Public, State of New York
r-lo. 4951 S,34
LTuorsfietl in SuPfolla County
Convntssioa =9fpira ;`iiey 22, i!)
__~.7
OF SOUTHOLD PROPERTY RECORD CARD
J~ca
OWNER - %JISTREET f - -
VILLAGE ~ DIS. SUB. LOT
FOR OWNER IF/ E ACR.
S W " TYPE OF BUILDING
RFS SEAS VL I FARM COMM. CB MICS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
-25_.-)1r -
77Q71 I - S_CI(j 'W1 ? d / SAC iY/e v0 c o/t'nS 9S~A ,lk. u..`/ ~'r. FdP a tf
- bl7~ 6/9~-L I17y5~5ad~Jl~~u.~~i~~
TilloblP FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
e d`nv'wind DEPTH
BULKHEAD
I of"!
COLOR ~t) L C G / C C~ C~ - z s.'
Y
L-
LI__
~
Z T-771',
M. Bldg.
z 8 xss_ I~ 0- 2 4
_ rrc
Extension - - - - - - - - - - -
Extension _
Extension
Foundation Bath Dinette
Porch -_--S-6 2? 1- Basement Floors
Porch Ext. Walls ,d f 4 !e Interior Finish s• e-, LR.
Breezeway Fire Place Heat DR.
Garage _ Type Roof .946 Q. Rooms Ist Floor BR.
Folio Recreation Room Rooms 2nd Floor FIN. B
~ t B. Dormer Driveway
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z GIUSEPPI & LAURIE COMO
0 662/. j v ! w~" g m AT SOU
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TOWN OF SOUTHOLD
r 61
' ' 4 ` °q9 v SUFFOLK COUNTY, N. Y.
'w 1000-61-04-38.2
z Zy, • b 2°° 96 = \ Aug. 16,, 1995 ,
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LAURIE COA/O
Q - NORTH FORK BANK
-n - AT/ T77L£ AGENCY OF NEIY
O
> AREA = 15,022 sq. ft.
ANY ALTERATION OR ADDITION TO TITS SL.RVEY R A VIOLA TIOV - 1w-'
- OF SECTION 7209 OF THE PEW YORK STATE EOUCATIOV LAM
EXCEPT AS PER SECTION 7209•SIBDn1=N 2. ALL CERTFICA 7Xws Y. S. LIC. NO. 49618
- '~1~/` , • ~k:
MMEON A11E VALO Fpt 7if5 YAP AID COPES THEREOF ON. Y F
SAD YAP OR CorES SEAR THE rYwvESSCD SEAL fF TIE SLRVEYQP P ronuc p. ORS, P. C.
P40W MMTLRE APPEARS tOWOK
ADa7VNALLY TO CarLY MITN SAD LAM' TIE MW -ALTERm BY- BOX 909
NAST BE USED By ANY AND ALL SUPVEYORS UIY2NO A COPY P P. . O. 0. STREE T
OF ANOTIER SL.RVEYOR•S YAP. TERMS SLKII AS WSPECTm' ANC 1230 TRASOUTHOLO, N. Y.VELER S1/971
WOLARfT•TO-DATE' ARE NOT N COMPLIANCE WITH THE LAM.
95 - 219
Joe
~
PEALS BOARD BERSM
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen o P.O. Box 1179
James Dinizio, Jr. y, T Southold, New York 11971
Fax (516) 765-1823
Lydia A. Tortora
Maureen C. ostermann Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM
TO: Gary Fish, Building Inspector
FROM: Jerry Goehringer
DATE: April 16, 1997
SUBJECT: Como Project - 1000-61-4-38.2 (ZBA 44438)
As a follow-up to our telephone conversation, this will confirm that
I have arranged to have checked the setback measured at the closest
(northwest) point between the garage foundation and the property
line, and it is 8'4" due to the location of the black walnut tree.
I will leave this to your judgment, with my contention that we are
talking about inches which is relatively appropriate.
APPEALS BOARD MEMBERS ~UFFl7(5
~~p? Southold Town Hall
Gerard P. Goehringer. Chairman 53095 Main Road
Serge Doyen ti x ' P.O. Box 1 179
James Dinizio. Jr. O Southold. New York 1 1971
Robert A. Villa Fax (516) 765-182
Lydia A. Tortora 1 Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
AS CORRECTED
Appl. #4438 ACTION OF THE BOARD OF APPEALS December 12, 1996
APPLICANTS: GIUSEPPI AND LAURIE J. COMO.
LOCATION OF PROPERTY: 265 Youngs Avenue, Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 61, BLOCK 4, LOT 38.2.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated November 7 1996. "Under Article ILIA, Section
100-30A.4 (ref. 100-33) proposed accessory garage will be located in a
front yard rather than a required rear yard."
CODE PROVISIONS APPEALED: Article IIIA, Section 100-30A.4 (100-33)
RELIEF REQUESTED: Applicants are proposing to locate behind the
existing dwelling a 24 ft. wide by 28 ft. deep accessory garage with the
garage doors facing Youngs Avenue, setbacks proposed 6-8 ft. from the
northerly property line. A yard area normally deemed to be the rear
was determined by the Building Inspector to be another front yard,
abutting a former "right-of-way" as shown in a 1959 town record.
MOTION MADE BY G. Goehringer SECONDED BY R. Villa
RESOLUTION ADOPTED: Approved as applied with the CONDITIONS:
(1) the setback shall be as applied just southerly of the existing shed,
and with a setback at not less than nine (9) feet from the northerly
property line- (2) six It. high shrubs for a distance of 12 to 13 ft.
in length shall be placed and continuously maintained along the
northerly property line which directly adjoins the Evans parcel
(1000-61-4-34)• (3) all water runoff shall be contained on site;
(4) no habitable or sleeping quarters shall be allowed in this accessory
building; (5) electric utilities is allowable however, there shall not
be any other utilities; (6) the overhead doors shall face Youngs
Avenue and access to this garage shall be from Youngs Avenue only,
' as agreed- (7) Setback shall be 9 ft. or more, from the northerly
property line and 37 feet from the westerly, rear, property tine.;
(8) Highest peak height shall be at 15 ft. from ground, as proposed.
REASONS/ FINDINGS: The subject property is otherwise without a rear
yard, and no other alternative is available. The relief is minimal and
meets all other zoning code requirements. Upon information received,
the right-of-way is not in existence. Title searches show there is no
current right-of-way easement of record. Based upon the information
submitted, the yard area chosen is what is most commonly the "rear
yard" under code requirements. There is no agreement by board
members under the information submitted for existence of any ROW.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr.,
Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This
resolution was unanimously adopted i/ZBA:Ik
12/24/96 G~pproved as Co ected Goehringer
APPEALS BOARD MEMBERS o~0$tlFPU[,~c
Southold Town Hall
Gerard P. Goehringer, Chairman o 53095 Main Road
Serge Doyen P.O. Box 1179
W Southold, New York 11971 Jr. Robert A. Vi
James DA. Vi,lla a Oy Fax (516) 765-1823
Lydia A. 'lbrtora 1 # Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOtiTHOLD
December 24, 1996
Mr. and Mrs. Guiseppe Como
265 Youngs Avenue
Southold, NY 11971
Re: Appl. No. 4438 - Variance for Accessory Garage Location
Dear Mr. and Mrs. Como:
Please find enclosed a copy of the determination, as corrected
today by the Chairman. A copy of this determination has been
furnished to the Southold Town Building Department as an update to
the pending building permit application request.
You may wish to contact the Building Department to be sure
their file is complete, and to be sure your pending building permit
application is further processed.
If you have any questions, please feel free to call either our
office or ':hat of the Buiiding Department at 765-1802.
Very truly yo,trs,
Linda Kowalski
Enclosure
cc: Building Department
Mr. Robert Hughes (tr.l, inq. 72123)
jtvr"~' VT
J\~ ~ -
~ DEC 9 j9-cz-
204-46 10th Avenue
ell Rockaway Pt., N.Y. 11697
December 3, 1996
Board of Appeals, Town of Southold
Dear Madam/ Sir,
I am writing this letter on behalf of my client, Joanne Lavin ( 70 Mechanic St.
East, Southold). On November 9, 1996 Ms. Lavin responded in writing to the
Board of Appeals regarding a request for a variance by G. and L. Como for the
construction of a garage on their property (265 Youngs Avenue, Southold). Ms.
Lavin identified her concerns about this proposal and requested information
regarding the proposed access as well as the outcomes of the hearing, originally
scheduled for November. Since the hearing has been rescheduled for December
12, 1996, 1 am resubmitting this request for this information in writing as well as
requesting the Board of Appeals to duly note the following concern/ objection of
Ms. Lavin.
"There is no indication on the sketch, sent by G. and L. Como, indicating how
they plan to access the proposed garage. I would strongly protest any access via
Mechanic Street East. Any additional traffic from such an access would pose a
safety hazard to my elderly parents and the children who frequently use my home.
Any additional traffic would also increase noise and pollution and negatively affect
my quality of life. Additionally the property of G. and L. Como fronts on Youngs
Avenue with a driveway in place, which could easily by used as access to the
garage:"
Please provide me with the requested information, and do not hesitate to
contact me at #1-718- 634- 7689 if you have any questions.
Thanking you in advance for your kind consideration.
Respectfully yours,
,flu
Gerard A. Lavin, Esq.
14
N ' r rv~ ^ 1~C L ~L' r
LP if ~L c
n z
APPEALS BOARD MEMBERS ~o~OgUFFO(,~coG Southold Town Hall
Gerard P. Goehringer, Chairman y` 53095 Main Road
Serge Doyen y x P.O. Box 1179
James Dinizio, Jr. O .F Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Ol ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
December 18, 1996
Mr. and Mrs. Guiseppe Como
265 Youngs Avenue
Southold, NY 11971
Re: Appl. No. 4438 - Variance for Accessory Garage Location
Dear Mr. and Mrs. Como:
Please find enclosed a copy of the determination rendered by the
Board of Appeals on December 12, 1996 and filed today concerning
your variance application. A copy of this determination has been
furnished to the Southold Town Building Department as an update to
the pending building permit application request.
You may wish to contact the Building Department to be sure
their file is complete, and to be sure your pending building permit
application is further processed.
If you have any questions, please feel free to call either our
office or that of the Building Department at 765-1802.
Very truly yours,
Linda Kowalski
Enclosure
cc: Building Department
Olive Evans C E
(9~ive loans _----~-as_ vans c~,~ %
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DEC -91996 spa , 3 mb
44Cd
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DECD 199t;
204-46 10th Avenue
Rockaway Pt., N.Y. 11697
December 3, 1996
Board of Appeals, Town of Southold
Dear Madam/ Sir,
I am writing this letter on behalf of my client, Joanne Lavin ( 70 Mechanic St.
East, Southold). On November 9, 1996 Ms. Lavin responded in writing to the
Board of Appeals regarding a request for a variance by G. and L. Como for the
construction of a garage on their property ( 265 Youngs Avenue, Southold). Ms.
Lavin identified her concerns about this proposal and requested information
regarding the proposed access as well as the outcomes of the hearing, originally
scheduled for November. Since the hearing has been rescheduled for December
12, 1996, 1 am resubmitting this request for this information in writing as well as
requesting the Board of Appeals to duly note the following concern/ objection of
Ms. Lavin.
"There is no indication on the sketch, sent by G. and L. Como, indicating how
they plan to access the proposed garage. I would strongly protest any access via
Mechanic Street East. Any additional traffic from such an access would pose a
safety hazard to my elderly parents and the children who frequently use my home.
Any additional traffic would also increase noise and pollution and negatively affect
my quality of life. Additionally the property of G. and L. Como fronts on Youngs
Avenue with a driveway in place, which could easily by used as access to the
garage."
Please provide me with the requested information, and do not hesitate to
contact me at #1-718- 634- 7689 if you have any questions.
Thanking you in advance for your kind consideration.
d
+n Respectfully yours,
0.1^"
~ 1
, / i Gerard A. Lavin, Esq.
r`, Il le
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P 209 182 396
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i
tG~ CA ~ PECONIC SURVEYORS, P.Clf
11 P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
516-765-5020
FAX 516-765-1797
John T Metzger, L.S.
November 14, 1996
Re: Guiseppe Como and Laurie Como
S.C.T.M. # 1000-61-04-38.2
Property at Southold, New York
To whom it may concern:
This is to state that there is no evidence that the
right-of-way contiguous to the southwesterly line of the
above captioned property is in use at this time.
Please feel free to contact me if you have any
questions regarding this matter.
Thank you.
John T. Metzger, L.S.
N
,
CERTIFICATE OF TITLE ISSUED BY
S T EWART TITLE
INSURANCE COMPANY f
Certifies to the proposed insured named in Schedule A that an examination of title to t
the premises described in Schedule A has been made in accordance with its usual
procedure and agrees to issue its standard form of title insurance policy in favor of the
,U proposed insured, covering premises described in Schedule A, in the amounts
hereinafter set forth, insuring the fee and / or mortgage and the marketability thereof, f
after the closing of the transaction in conformance with procedures approved by the
Company excepting (a) all loss or damage by reason of the estates, interests, defects,
objections, liens, encumbrances and other matters set forth herein that are not disposed
of to the satisfaction of the Company prior to such closing or issuance of the policy (b)
any question or objection coming to the attention of the Company before the date of
closing, or if there be no closing, before the issuance of said policy.
This Certificate shall be null and void (1) if the fees therefor are not paid (2) if the
prospective insured, his attorney or agent makes any untrue statement with respect to
any material fact or suppresses or fails to disclose any material fact or if any untrue
answers are given to material inquiries by or on behalf of the Company (3) upon
delivery of the policy. Any claim arising by reason of the issuance hereof shall be
restricted to the terms and conditions of the standard form of insurance policy. If title, G
interest or lien to be insured was acquired by the prospective insured prior to delivery
hereof, the Company assumes no liability except under its policy when issued. F
FOR CLEARANCE QUESTIONS S ' I • I1; WA 12 1 • • 'I • I I • • L L;
~ - }
~ ~
J 1 PLEASE CONTACT 1 K 1' H N f' H t' 11 M 1'.\ N
j: JOSEPHSELLRTO AIr rrri.n;
(Sib) 746-6«,,,,*. nt ~rt~';
SOO J"r~F. \NSURgN'`
1987 0 )
ilk } ••',it Y~ t..
Countersigned by:
Prerde„1 i
nnn
a v lll/// }
7 , °1e Secrelar
_ C-8833- 17579
iliko I!
-*@'1@
NY 465 Rev. 8/92
ATI TITLE AGENCY
220 Old Country Aoed
Mineola, New York 11501
TEL. (516)746-6500 FAX. (516)746-8976 (800)266-9044
August 15, 1995
PAUL CAMINITI, ESQ.
P.O. Box 846
Southold, New York 11971
Re: itle No. 95010442
Premise: 265 Youngs Avenue, Southold, New York
Borrower: Como
Dear Sir/Madam:
In reference to the above captioned title, please be
advised that we have amended our Title Report to include the
Certificate of Occupancy Search.
Please annex this letter and enclosed to the Certificate
of Title and consider the same to be a part thereof.
ier truly yours,
Joseph Sellitto
JS/af
Enc.
cc: Kressel, Rothlein & Roth, Esqs.
ABSTRACTERS' INFORMATION_ SERVICE. INC.
138-72 QUEENS BOULEVARD BRIARWOOD, N.Y. 11435
(718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681
CERTIFICATE OF OCCUPANCY REPORT
DATE: 07/24/95 TITLE NUMBER: 0086-95010442
PREMISES: YOUNGS AVENUE, SOUTHOLD
TOWN OF SOUTHOLD COUNTY OF SUFFOLK
DISTRICT: 1000 SECTION: 061.00 BLOCK: 04.00 LOT: 038.002
SEC: 061.00 BLK: 04.00 LOT: 038.002
A SEARCH OF THE RECORDS CONDUCTED BY THE DEPARTMENT OF BUILDINGS
REVEALS THE FOLLOWING INFORMATION:
CO# Z7819
ISSUED 08/09/77
PERMIT# 9034Z
ONE FAMILY DWELLING
The purpose of this report is to provide the Legal occupancy as per latest c/o on file. A complete history of all filings and
copies of same for the above parcel is available upon request for an additional fee.
The search is prepared exclusively for A.T.I. TITLE AGENCY on 07/24/95.
• FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
27fS 1 Date 14
v~... 7. 19.77
No. THIS CERTIFIES that the building located at Street
Map No Block No... •......Lot No..x...... S' . "T.li ! .ll ...../(1:
conforms substantially to the Application for Building Permit heretofore filed in this office
dated A ~...d 19 pursuant to which Building Permit No.
dated 19??., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
( ; I til (1
issued is ..pfz I U A 7 t` D ill c- P_~ t l .....~.t.. 4..:..... ~i.....G 1 ~1
/-ORF_rrA _Di N nq ~u UO,
The certificate is issued to
(owner, lessee or tenant)
of the aforesaid building. / 1 t/ L Suffolk County Department of Health Approval v.... . . . . . . > . . . . . . . .l~.... . . . " A
UNDERWRITERS CERTIFICATE No. ...J~Z....v % 7.)......
°l. 6 .......(a.tl t 1
HOUSE NUMBER Street /..Uv N 6 !Q t Sd t
Building Inspector
ATI TITLE i- GENCY
220 Old Country Road
Mineola, New York 11501
TEL. (516)746-6500 FAX. (516)746-8976 (800)266-9044
August 3, 1995
PAUL CAMINITI, ESQ.
P.O. Box 846
Southold, New York 11971
Re: Title No. 95010442
Premises: 265 Youngs Avenue, Southold, New York
Borrower: Como
Dear Sir/Madam:
In reference to the above captioned title, please be
advised that we have amended our Title Report to include the
Amended Mortgage Schedule.
Please annex this letter and enclosed to the Certificate
of Title and consider the same to be a part thereof.
Very trul yours,
ep Sellit
JS/af
Enc.
CC: Kressel, Rothlein k Roth, Esqs.
MORTGAGES
Title No. 95010442
***OMIT*** (1) MORTGAGE
MORTGAG : Loretta DiMaggio
MORTGAGE : Southold Savings Bank
AMOUNT: $73,700.00
DATED: 12/10/85
RECORDED: 1/10/86
LIBER: 11308
PAGE: 26
MTGE TAX: 527.75
***OMIT*** (2) MORTGAGE
MORTGAGOR: L retta DiMaggio
MORTGAGEE: S uthold Savings Bank
AMOUNT: $6 ,000.00
DATED: 5/ 8/88
RECORDED: 5/ 7/88
LIBER: 141 4
PAGE: 553
MTGE TAX: $59 .00
(3) MORTGAGE
MORTGAGOR: Loret M. DiMaggio
MORTGAGEE: Sunris Federal Savings Bank.
AMOUNT: $90,00 .00
DATED: 6/25/92
RECORDED: 7/7/92
LIBER: 17840
PAGE: 126
MTGE TAX: $875.00
This title report does not show all the terms and provisions of the mortgage(s) set forth herein. Interested
parties should contact the holder(s) thereof to ascertain the terms, covenants and conditions contained
therein, and to determine if there are any unrecorded amendments or modificiations thereto.
ATI TITLE AGENCY
220 Old Country Road
,1Fr nA 11 iaz~ Mineola, New York 11501
S C H E D U L E A
SCHEDULE A
Title No. 95010442
Effective Date: July 14, 1995
Redate :
PROPOSED INSURED
Purchaser/Borrower: ite CIGiuse i Como and LaurieJComo 7
Mortgagee
NORTH FORK BANK, its successors and/or assigns
Amount of Insurance
Fee $ 140,000.00
Mortgage $ 75,000.00
THIS COMPANY CERTIFIES that a good and marketable title to the
premises described in Schedule A, subject to the liens, encumbrances
and other matters, if any, set forth in this certificate may be
conveyed and/or mortgaged by:
Loretta M. DiMaggio
Source of Title:
By deed from Walter D. Ebbitt and James S. Ebbitt, his wife
Dated: 8/3/70 Recorded: 8/25/70
Liber: 6795 Page: 520
Premises described in Schedule "A" are known as:
Address: 265 Youngs Avenue
Southold, New York
County: SUFFOLK
Town: Southold
District: 1000
Section: 061.00
Block: 04.00
Lot: 038.002
ATI TITLE AGENCY
220 Old Country Road
Mineola, New York 11501
4652 (1/93)
0
ATI TITLE AGENCY
220 Old Country Road
Mineola, New York 11501
TEL. (516)746-6500 FAX. (516)746-8976 (800)266-9044
August 22, 1995
PAUL CAMINITI, ESQ.
P.O. Box 846
Southold, New York 11971
Re: Title No. 95010442
Premises: 265 Youngs Avenue, Southold, New York
Borrower: Como
Dear Sir/Madam:
In reference to the above captioned title, please be
advised that we have amended our Title Report to include the
Description and Survey Reading.
Please annex this letter and enclosed to the Certificate
of Title and consider the same to be a part thereof.
Very T t yours,
seph Sellitto
JS/af
Enc.
cc: Kressel, Rothlein & Roth, Esqs.
S C H E D U L E A
Title No. 95010442
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected,
situate, lying and being in the village and Town of
Southold, County of Suffolk and State of New York
bounded and described as follows:
BEGINNING at a point on the southwesterly side of
Young's Avenue distant 90.00 feet southeasterly from
the corner formed by the intersection of the
southeasterly side of Mechanic Street and the
southwesterly side of Young's Avenue;
RUNNING THENCE along the southwesterly side of
Young's Avenue South 21 degrees 15 minutes 40
seconds East 75.00 feet to land now or formerly of
Loretta M. DiMaggio;
RUNNING THENCE South 66 degrees 20 minutes 00
seconds West along land now or formerly of Loretta
M. DiMaggio 200.96 feet to land now or formerly of
Quarty;
RUNNING THENCE North 20 degrees 29 minutes 20
seconds West along land now or formerly of Quanty,
land now or formerly of R. Hering and land now or
formerly of J. Lavin 75.06 feet to land now or
formerly of Olive M. Evans;
RUNNING THENCE North 66 degrees 20 minutes 00
seconds East along land now or formerly of Olive M.
Evans and land now or formnerly of John F. & Mary A.
Sheehy 199.95 feet to the southwesterly side of
Young's Avenue, the point or place of BEGTINNING.
SURVEY READING
Title No. 95010442
Survey made by John T. Metzger dated 8/16/95 shows the
following:
1) 2 story frame house.
2) Frame shed on northwesterly part of the premises.
3) Stone & dirt driveway on northeasterly part of the premises.
4) Variation between hedge and northwesterly record line.
5) Variation between fence and northwesterly record line.
No other variations.
ATI TITLE AGENCY
220 Old Country Road
ARF T4 It 441 Mineola, New York 11 7o0S
N
S1REE~
GNPN~G
ME RY F SHEENY o z
c
o~F 10NN F & MP q95' U N
'JE M N~ s d o
NloP s \ o P v
z Ev i/ m m SURVEY FOR
66.p0'D~ e a = ' wo" o m GIUSEPPI & LAURIE COMO
AT SOUTHOLD
:D 9a ;q TOWN OF SOUTHOLD
< F SUFFOLK COUNTY, N.Y.
Z -3 \ 1000-61-04-38.2
20096' Scale: 1" = 30'
o Aug. 16, 1995
N
Q O
~T O PGGjO
66'2000 w Lo9E11P
0 M
/ 7- S. 14101f CERTIFIED To,
GIUSEPPI COMO
LAURIE COMO
\ NORTH FORK BANK
T ATI TITLE AGENCY SlQZE°F. AF QNEW" 0
fl o e Eo
A AREA = 15,022 sq. ft
ANY AL rERATaN oR Aro To rW suwEY SA
vpLAT/a+ ~5.l`, o~
< OF SECT 74W OF TIE NEW YORK STATE EDUCAr LAw ,
EXCEPT AS PER SECn 7209SUBpVLCpv 2. ALL CERTFIGT/JNS l+ Y. S. LIC. NO. 49618
r•. M ARE VALD FIN INS YAP AM COPES TIEREOF p Y F >L~
SAD YAP M COPES BEAR TN6 A1°RESSEO SEAL OF THE SURVEYOR D
WMSE s 7l E APPEARS hfWM ' PECO EYORS,' P.C.
Aarnav Y To Ca Y Wr SAD taw r TERM 'ALTERED BY• 15161 765 - 5020
MIST BE USED BY ANY AM ALL SURVEYIWS UMIZN6 A CQ Y P. 0. BOX 909
If ANTHER sLNVEYO S Y TERMS Sl AS •Na CTEO• AM 1230 TRAVELER STREET
•BROLYJIT-T"ATE• ARE MT N CarcY nrH TIE CAN. SOUTHOLD, N.Y. 11971
95 - 219
0
S C H E D U L E A
Title No. 95010442
ALL that certain lot, piece or parcel of land, with
the buildings and 'mprovements thereon erected, situate,
lying and being in he Village and Town of Southold,
County of Suffolk an State of New York known and designated
as District 1000 Sect n 061.00 Block 04.00 Lot 038.002
on the Land and Tax Ma of Suffolk County.
y
SCHEDULE R
Title No. 95010442
Hereinafter set forth are the additional matters which will appear in the policy
as exceptions from coverage, unless disposed of to the Company's satisfaction
prior to the closing or delivery of the policy.
1. Taxes, tax liens, tax sales, water rates, sewer rents and
DI,S``PO,,S ITIO assessments set forth in schedule herein.
~I 2. Mortgages returned herein ( 3 Detailed statement within.
3. Any state of facts which an accurate survey might show.
or
Survey exceptions set forth herein.
I
4. Rights of tenants or persons in posession.
5. If premises herein are subject to a credit line mortgage, all checks
must be surrendered and account frozen prior to closing.
6. Covenants, conditions, easements, leases, agreements of record,
etc., more fully set forth herein
p~ 7. Proof is required that all parties have not been
known by any other name within the last ten years.
8. The proposed mortgagors Giuseppi Como and Laurie
Como have been run for judgments, federal tax liens
and minor liens. Nothing has been found of record.
9. Loretta M. DiMaggio has also been run for judgments,
federal tax liens and minor liens. Nothing has
been found of record.
10. Title has been Certified as found of record. The
application shows title in Peter DiMaggio. If there
has been any change in ownership by deed, death or
otherwise, proof of such fact must be submitted to
this company prior to closing. Title will then be
recertified accordingly and additional exceptions
might be raised.
NOTE: Insurance Law Sec. 64 Subdivision 6409(c) requires that title companies offer,
at or prior to closing, an optional policy to cover the homeowner for the FUTURE
market value of his house. You may, therefore, elect to obtain protection in
excess of your purchase price. If you do not wish this additional statutory coverage,
you MUST WAIVE by signing in the space below this exception:
4653 (1/93)
ATI TITLE AGENCY
220 Old Country Road
u: ......1~ w1..... V--. 115n9
SCHEDULE B CONTINUED
Title No. 95010442
\ 11. If Loretta M. DiMaggio is deceased the following
exceptions will apply:
12. a) Proof of death and heirship of Loretta M. DiMaggio
I to be obtained and considered.
b) Proof is required that the Estate of Loretta M. DiMaggio
is not liable for:
A. Unpaid debts or legacies;
B. Federal Estate Taxes;
C. New York Estate Tax; or
proof of payment thereof to be
submitted.
13. In the absence of a survey Company will not certify
as to the location or dimensions of within described
premises on all sides, and will except any state of
facts an accurate survey may show.
SURVEY READING
Title No. 95010442
To follow, if available
ATI TITLE AGENCY
220 Old Country Road
Mineola, New York 117501
/93)
465-TS 0/93)
MORTGAGES
Title No. 95010442
(1) MORTGAGE I~
MORTGAG R: Loretta DiMaggio
MORTGAG E: Southold Savings Bank f'
AMOUNT: $73,700.00 DATED: 12/10/85 ~RECORDED 1/10/86
LIBER: 11308
PAGE: 26 C
MTGE TAX: $527.75
Q\; ~ U
(2) MORTGAGE
MORTGAGOR: oretta DiMaggio 19G
MORTGAGEE: outhold Savings Bank ~o-
AMOUNT: 60,000.00
DATED: 5 18/88
RECORDED: 5 27/88
LIBER: 14 14
PAGE: 55
MTGE TAX: $5 5.00
(3) MORTGAGE
MORTGAGOR: Lore to M. DiMaggio
MORTGAGEE: Sunri e Federal Savings Bank
AMOUNT: $90,0 0.00
DATED: 6/25/ 2 t/
RECORDED: 7/7/9
LIBER: 17840
I11,1N1p'
PAGE : 126
MTGE TAX: $875.0
I~
r
This title report does not show all the terms and provisions of the mortgage(s) set forth herein. Interested
parties should contact the holder(s) thereof to ascertain the terms, covenants and conditions contained
therein, and to determine if there are any unrecorded amendments or modificiations thereto.
ATI TITLE AGENCY
220 Old Country Road
day ne 111Q41 Mineola, New York 11501
ABSTRACTERS' INFORMATION SERVICE. INC.
138-72 QUEENS BOULEVARD BRIARWOOD, N.Y. 11435
l (718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681
SUFFOLK COUNTY TAX SEARCH
DATE: 07/24/95 TITLE NUMBER: 0086-95010442
PREMISES: YOUNGS AVENUE, SOUTHOLD _ VILLAGE: NONE
TOWN: SOUTHOLD TAX CLASSIFICATION: 210
DISTRICT: 1000 SD: 473805 SOUTHHOLD SECTION: 061.00 BLOCK: 04.00 LOT: 038.002
ASSESSED TO. DI MAGGIO, LORETTA ASSESSED VALUE: (TOWN) 900/5300
ITEM N/A ACREAGE: .37 LOT SIZE: N/A
RETURNS
TOWN OF SOUTHOLD REAL ESTATE TAX
GENERAL AND SCHOOL DUE: DECEMBER 1 AND MAY 10 PERIOD COVERED: DECEMBER 1 TO NOVEMBER 30
DIST: 1000 SEC: 061.00 BLK: 04.00 LOT: 038.002
1994/95 GENERAL & SCHOOL TAX
\~J\1 1 1/2 TAX $1,506.56 PAID
2 1/2 TAX $1,506.57 PAID
WATER - PRIVATE
AFFIDAVIT SHOULD BE TAKEN AT CLOSING THAT OWNER HAS NOT RECEIVED NOTICE OF SPECIAL
ASSESSMENTS (I.E., SIDEWALK REPAIRS, LOT CLEARANCE, OR EMERGENCY REPAIRS). TAX
SEARCH DOES NOT GUARANTEE AGAINST EXISTENCE OF SUCH NOTICES.
Search does not guarantee against itens not a lien up to the date shown. Some of the items returned nay have been paid but not
officially posted. Receipts of such items should be produced at closing. Exemptions if shown hereon are not applicable to school
taxes. Search does not guarantee against any claims resulting of levies of restored tax. The returns are guaranteed to District,
Section, Block and Lot. This search is prepared exclusively for A.T.I. TITLE AGENCY on 07/24/95.
o~
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1-14
MUNICIPAL DEPARTMENT SEARCHES AND STREET REPORT
Title No. 95010442
Any searches or returns reported herein are furnished FOR INFORMATION ONLY. They will not be
insured and the company assumes no liability for the accuracy thereof. They will not be continued
to the date of closing.
CERTIFICATE OF OCCUPANCY: TO FOLLOW
STREET REPORT: TH
STREET VAULTS
In New York City, if there is a STREET VAULT, it is suggested that applicant investigate possible unpaid
license fees by the City of New York for the use of such vault, because the right to maintain it IS NOT
INSURED, nor does the Company insure that the vault charges have been paid.
STEWART TITLE
INSURANCE COMPANY
465-MBS
_ ABSTRWERS' INFORMATION SERVICE,.
138-72 QUEENS BOULEVARD BRIARWOOD, N.Y. 11435
(718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681
STREET IlA11HITHANCE:
T11'L..E: hll.Jl'IDER: 0006 51°010442 DATE:07124/95,
PREMISES= YCILJNC.iS AVE:WUE. SOUTHOL.D
TOWN OF SOUTE401...I1 COUNTY OF SUF FOI...K
SECTION, 061.00 DLOCK. 04.00 LOT," 03[3.00'2
DE:PARTI*IEW OF I-II(:,fiWAY'.:)'
Please be av_Ivi.s>ed thatt, according to the De?par"tment, Of
Highways, the a.r'ee?t, in front, of tl-e above?-ment:i.onecl
pr•emi.st;:s is,.
E x I Maintained by the alcove
1 -1 De?r-li.c:erl'ed to the above= 111111) i.c:i pcil i.ty.
E: _l I'lai.nt',ai.ned by the Col..mty of Suffolk..
I I Ilai.ntainecl by the SLa"t,e of New York.
I- I Pending
f I A Private Rowel.
IMPORTANT NOTICE AE,0LJT SEAP,CI-I IHFCII;MAT'IOH ABOVE:
Absi "I.ra c: er's' I n f o r m a"I,i(.)n Se rv i. e.: E? 'EnC:, dc)es 1-14i?reby C: to r'Lify 't ii Ft t,
the records of the above me?nti.onecl ou..InJ.c::ipa1i.t,y have? beC) n
examined and that the information recorded above i.<s a 'trl-Iea Z01d
accurate abstraction of the information cont.akined therein.
This report, is submi.ttecl for information r-o-irp!:)ses only. I...:i.abi.li.tsy
is; limited to errors and omissions of information prc;I:,carly indexed,
filed, and recorclecf wi.tl-1 the above mentioned municipality.
ALTA OWNER'S POLICY - 10-17-92
FIR COPY ~ •
1c;
r POLICY OF TITLE INSURANCE ISSUED BY
al` STEWART TITLE
F,.
} I N S U R A N C E C O M P A N Y
+q { 1 ~
Li SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
`r SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York
r
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, d:C
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of.
a
f'
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
v}
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title; x
' 4. Lack of a right of access to and from the land.
f; is
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
.t to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
ATI TI'T'LE AGENCY
is
220 Old Country Road '
Mineola New York 11501 a
(f_~y Countersigned by: `Rppq N a (516)!46-6500
a-1981
UJ.A 0 Ct,YYI 0A o,hl QA-) ~
F . YpP.+4
~S,rs ~
President
' ;N r
yggy1
y - ,
{I
tart'
EXCLUSIONS FROM COVERAGE '
+ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys lees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1)
. the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership of a change vx
in the dimensions or area of the land or any parcel of which the land is or was a part; of (iv) environmental protection, or the effect of any violation of these laws, ordinances or government- ti
tal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation attesting the land has
' been recorded in the public records at Date of Policy. i
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resullrg from a ,tit,
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. +t
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has IC
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge- , 3. Defects, liens, encumbrances, adverse claims or other matters:
~9- (a) created, suffered, assumed or agreed to by the insured claimant; p,
t^+ (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wr0ing to the Company by the insured?
1 claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant,
~ i of attaching or created subsequent to Date of Policy; or j
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured b this policy
„ 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason 01 the operation of federal bankruptcy, state insolvency, or xi }
similar creditors rights laws, that is based on.
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer or
j' (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: '
1 fit to limely record the instrument of transfer: or t
pit of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. '
'I
c a
J~tz
Pa , or 0 8831 2 2 0
c~
No. cws M c~SicrS T a+ aTS r.5'
NY001 (10-1]92)
S C H E D U L E A
Title No. 95010442
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected,
situate, lying and being in the Village and Town of
Southold, County of Suffolk and State of New York
bounded and described as follows:
BEGINNING at a point on the southwesterly side of
Young's Avenue distant 90.00 feet southeasterly from
the corner formed by the intersection of the
southeasterly side of Mechanic Street and the
southwesterly side of Young's Avenue;
RUNNING THENCE along the southwesterly side of
Young's Avenue South 21 degrees 15 minutes 40
seconds East 75.00 feet to land now or formerly of
Loretta M. DiMaggio;
RUNNING THENCE South 66 degrees 20 minutes 00
seconds West along land now or formerly of Loretta
M. DiMaggio 200.96 feet to land now or formerly of
Quarty;
RUNNING THENCE North 20 degrees 29 minutes 20
seconds West along land now or formerly of Quanty,
land now or formerly of R. Hering and land now or
formerly of J. Lavin 75.06 feet to land now or
formerly of Olive M. Evans;
RUNNING THENCE North 66 degrees 20 minutes 00
seconds East along land now or formerly of Olive M.
Evans and land now or formnerly of John F. & Mary A.
Sheehy 199.95 feet to the southwesterly side of
Young's Avenue, the point or place of BEGTINNING.
ALTA OWNER'S POLICY • •
SCHEDULE A
Order No.: 95010442 Policy No.: 0-8831-85220
Date of Policy: August 30, 1995
Amount of Insurance: $140,000.00
1. Name of Insured:
Giuseppi Como and Laurie J. Como, husband and wife
2. The estate or interest in the land which is covered by this
policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
The INSURED by means of a deed from Peter DiMaggio dated August
30, 1995 and to be duly recorded in the Office of the Clerk of
the County of SUFFOLK.
4. The land referred to in this policy is described as follows:
See Description Attached.
STEWART TITLE
INSURANCE COMPANY
ALTA OWNER'S POLICY • •
SCHEDULE B
Order No.: 95010442
Policy No.: 0-8831-85220
This policy does not insure against loss or damage ( and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of:
1. Rights of tenants or persons in possession.
2. Possible unpaid water charges, if any.
3. MORTGAGE made by Giuseppe Como and Laurie Como with
NORTH FORK BANK, its successors and/or assigns in
the amount of $75,000.00 dated August 30, 1995 and
to be duly recorded in the Office of the Clerk of
SUFFOLK County.
4. Survey made by John T. Metzger dated 8/16/95 shows
the following:
1) 2 story frame house.
2) Frame shed on northwesterly part of the premises.
3) Stone & dirt driveway on northeasterly part of
the premises.
4) Variation between hedge and northwesterly record
line.
5) Variation between fence and northwesterly record
line.
No other variations.
STEWART TITLE
INSURANCE COMPANY
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Attached to and made part of Policy Number 0-8831-85220
1. The following is added to the insuring provisions on the face page of this policy:
5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and
which has now gained or which may hereafter gain priority over the estate or interest of the
insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy.
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or incumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy
unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and
is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except
as modified by the provisions hereof.
S! R O fI l~ LJ
Countersigned by: L(J1~.ICl.1n1
August 30, 1995
ATI TITLE AGENCY
220 OLD COUNTRY ROAD
MINEOLA, NEW YORK 11501 <ESC>(s0B
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10-17-92)
NY-1002
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(a) The liability of the Company under this policy shall not exceed the least 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
of (a) The Company's Right of Subrogation.
(i) the Amount of Insurance stated in Schedule A; or, Whenever the Company shall have settled and paid a claim under this poi
(ii) the difference between the value of the insured estate or interest as icy, all right of subrogation shall vest in the Company unaffected by any act of
insured and the value of the insured estate or interest subject to the defect, lien the insured claimant.
or encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and reme
(b) In the event the Amount of insurance stated in Schedule A of the Date of dies which the insured claimant would have had against any person or property
Policy is less than 80 percent of the value of the insured estate or interest or the in respect to the claim hod this colicy not been issued. If requested by the Com
full consideration paid for the land, whichever is less, or if subsequent to the Date pony, the insured claimant shall transfer to the Company all rights and remedies
of Policy an improvement is erected on the land which increases the value of the against any person or property necessary in order to perfect this right of subro
insured estate or interest by at least 20 Percent over the Amount of Insurance fiction. The insured claimant shall permit the Company to sue, compromise or
stated in Schedule A, then this Policy is subject to the following: settle in the name of the insured claimant and to use the name of the insured
(i) where no subsequent improvement has been made, as to any par- claimant in any transaction or litigation involving these rights or remedies.
tial loss, the Company shall only pay the loss pro rata in the proportion that the If a payment on account of a claim does not fully cover the loss of the
amount of insurance at Date of Policy bears to the total value of the insured insured claimant, the Company shall be subrogated to these rights and remedies
estate or interest at Date of Policy; or in the proportion which the Company's payment bears to the whole amount of
(ii) where a subsequent im PFrovement has been made, as to any partial the loss.
loss, the Company shall only pay fhe loss pro rata in the proportion that 120 If loss should result from any act of the insured claimant, as stated above,
percent of the Amount of Insurance stated in Schedule A bears to the sum of the that act shall not void this policy, but the Company, in that event, shall be
Amount of Insurance stated in Schedule A and the amount expended for the required to pay only that part of any losses insured against by this policy which
improvement, shall exceed fhe amount, if any, lost to the Company by reason of the impair
The provisions of this paragraph shall not apply to costs, attorneys' fees and ment by the insured claimant of the Company's right of subrogotion.
expenses for which the Company is liable under this policy, and shall only apply (b) The Company's Rights Against Non-insured Obligors.
to that portion of any loss which exceeds, in the aggregate, 10 percent of the The Company's right of subrogotion against non-insured obligors shall exist
Amount of Insurance stated in Schedule A. and shall include, without limitation, the rights of the insured to indemnities, gua-
(c) The Company will pay only those costs, attorneys fees and expenses ranties, other policies of insurance or bands, notwithstanding any terms or condi-
incurred in accordance with Section 4 of these Conditions and Stipulations. tions contained in those instruments which provide for subrogation rights by rea
8. APPORTIONMENT. son of this policy.
If the land described in Schedule A consists of two or more parcels which are 14. ARBITRATION
not used as a single site, and a loss is established affecting one or more of the Unless prohibited by applicable law, either the Company or the insured may
parcels but not all, the loss shall be computed and settled on a pro rata basis as demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri-
if the amount of insurance under this policy was divided pro rota as to the value can Arbitration Association. Arbitrable matters may include, but are not limited
on Date of Policy of each separate parcel to the whole, exclusive of any to, any controversy or claim between the Company and the insured arising out of
improvements made subsequent to Date of Policy, unless a liability or value has or relating to this policy, any service of the Compony in connection with its issu
otherwise been agreed upon as to each parcel by the Company and the insured once or the breach of a policy provision or other obligation. All arbitrable mat-
at the time of the issuance of this policy and shown by on express statement or by ters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the
an endorsement attached to this policy. option of either the Company or the insured. All arbitrable matters when the
9. LIMITATION OF LIABILITY. Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
(a) If the Company establishes the title, or removes the alleged defect, lien agreed to by both the Company and the insured. Arbitration pursuant to this
or encumbrance, or cures the lack of a right of access to or from the land, or policy and under the Rules in effect on the date the demand for arbitration is
cures the claim of unmorketability of title, all as insured, in a reasonably diligent made or, at the option of the insured, the Rules in effect at Date of Policy shall
manner by any method, including litigation and the completion of any appeals be binding upon the parties. The award may include attorneys' fees only if the
therefrom, it shall have fully performed its obligations with respect to that matter laws of the state in which the land is located permit a court to award attorneys'
and shall not be liable for any loss or damage caused thereby. fees to a prevailing party. Judgment upon the award rendered by the Arbitra
(b) In the event of any litigation, including litigation by the Company or with tor(s) may be entered in any court having jurisdiction thereof.
the Company's consent, the Company shall have no liability for loss or damage The law of the situs of the land shall apply to an arbitration under the Title
until there has been a final determination by a court of competent jurisdiction, Insurance Arbitration Rules.
and disposition of all appeals therefrom, adverse to the title as insured. A copy of the Rules may be obtained from the Company upon request.
(c) The Company shall not be liable for loss or damage to any insured for 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
liability voluntarily assumed by the insured in settling any claim or suit without the (a) This policy together with all endorsements, if any, attached hereto by
prior written consent of the Company. the Company is the entire policy and contract between the insured and the Com
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF pang. In interpreting any provision of this policy, this policy shall be construed as
LIABILITY, a Mile.
All payments under this policy, except payments mode for costs, attorneys' (b) Any claim of loss or damage, whether or not based on negligence, and
fees and expenses, shall reduce the amount of the insurance pro tanto. which arises out of the status of the title to the estate or interest covered hereby or
11. LIABILITY NONCUMULATIVE. by any action asserting such claim, shall be restricted to this policy.
If is expressly understood that the amount of insurance under this policy (c) No amendment of or endorsement to this policy can be made except by
shall be reduced by any amount the Company may pay under any policy insuring a writing endorsed hereon or attached hereto signed by either the President, a
a mortgage to which exception is taken in Schedule B or to which the insured Vice President, the Secretary, an Assistant Secretary, or validating officer or
has agreed, assumed, or taken subject, or which is hereafter executed by on authorized signatory of the Company.
insured and which is a charge or lien on the estate or interest described or 16. SEVERABILITY,
referred to in Schedule A, and the amount so paid shall be deemed a payment In the event any provision of the policy is held invalid or unenforceable under
under this policy to the insured owner, applicable law, the policy shall be deemed not to include that provision and all
12. PAYMENT OF LOSS. other provisions shall remain in full force and effect.
(a) No payment shall be made without producing this policy for endorse- 17. NOTICES, WHERE SENT,
ment of the payment unless the policy has been lost or destroyed, in which case All notices required to be given the Company and any statement in writing
proof of loss or destruction shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and
(b) When liability and the extent of loss or damage has been definitely shall be addressed to the Company
fixed in accordance with these Conditions and Stipulations, the loss or damage at250 Park Avenue, NewYork, NewYork 10177
shall be payable within 30 days thereafter.
SIII Ir;IWAKIII TITI,I
1b
1, oOV 121996
444East 86Street #18D
NewYork, NY 10028
November 8, 1996
Board of Appeals, Town of Southold
Dear Madam/ Sir,
On November 7,1996 1 received notice of a petition by G. and L. Como
requesting a variance for the construction of a garage on their property, 265
Youngs Avenue, Southold. I reside and work in New York City, and am unable to
attend the hearing scheduled for November 14, 1996.
As a neighboring property owner ( 70 Mechanic Street East), I have several
concerns. First, the petition and enclosed sketch of the proposal, both neglect to
indicate the height of the garage. I would strongly object to any structure greater
than 12 feet in height. Otherwise a considerable loss of light and airflow would
result to my property. Secondly, there is no indication on the sketch as to the
location of the garage in terms of property lines. I would appreciate this
information. My next concern is in terms of access to this garage. Information as
to the access of this garage is also not clearly indicated on the materials which
were sent to me. I would strongly protest any access via Mechanic Street East.
Any additional traffic from such an access would pose a safety hazard to my
elderly parents and the children who frequently use my home. Any additional
traffic would also increase noise and pollution and negatively affect my quality of
life. I would appreciate information as to the proposed access and desire my
objections as stated above to be duly noted by the Board of Appeals. Please do
not hesitate to contact me at #1-212-628-3432 with additional information or
concerns.
Thanking you in advance for your kind consideration.
Respectfully yours,
Joanne Lavin
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use of gas compressor station.
ppp Lot #2, Subdivision of F.
Murphy at (S/s) Main Road house lot, parcel #1000-106-2-
Mattimck. , 40. These lots are shown on the
\ 4. 7:25 p.m. Apply No. 4430- Map of Captain Kidd Estates
Carryover from 11/14/96 Vari- approved in Io4u by the
ance application by LILCO. Southold Town Board. Present
Proposed fence height up to 8 ft.. Zone District: R40 Residential.
9. 8:00 p.m: Appl. No. 4444-
from lowest finished grade. S/s ROSWITHA AICHINGER.
Main Road. Mattituck. Variance for the location within
5. 7:35 p.m. Appl. No. 4437 100 feet of the bluff of an acces-
DAVID AND BONNIE
sory (gazebo) structure, "as
PASCO. Special Exception re- built" prior to 1987, based upon
quest to establish professional the November 13, 1996 Action
office as principal use on first
floor of building located in this of Disapproval by the Building
Residential-Office (RO) Zone Inspector, Article XXIII, Section
LEGAL NOTICE District, as provided by Article 100-239.4A(1). Location of
BOARD OF APPEALS VII, Section 100-71B(2). Loca- Property: 29827 Private Road off
TOWN OF SOUTHOLD tion of Property: 51100 Main the northerly side of Main Road,
THURSDAY, Road, Southold, NY; Parcel Orient, NY; Parcel # 1000- 14-2-
DECEMBER 12,1996 #1000-70-2-7. Certificate of p/o 1.1 (now 1.8).
Occupancy confirms existing use 10. 8:10 p.m. Appl. #4401-
NOTICE IS HEREBY of building to be single-family DAVID DEFRIEST. Tenant
GIVEN, pursuant to Section 267 with accessory home profes- (and Mr. and Mrs. Joseph
of the Town Law and the Code sional office. Gnozzo, as Owners.) Carryover
of the Town of Southold, the 6.7:40 p.m. Appl. No. 4440- hearing, continued from 11/14/
following applications will be ADLYN SYVERSON. Vari- 96. Use variance request con-
held for public hearings by the ance based upon the October 7, cerning property located at
SOUTHOLD TOWN BOARD 1996 Action of Disapproval of 73625 Main Road, Greenport,
OF APPEALS, at the Southold the Building Inspector wherein NY; County Parcel No. 1000-45-
Town Hall, 53095 Main Road, applicant has requested a permit 3-2. Zone Districts: LB Limited
Southold, New York 11971, on to build extension to dwelling at Business, and R-80 Residential..
THURSDAY, DECEMBER 420 Private Road # 17, off Camp 11. 8:30 p.m. Appl. No. 4410-
12,1996, as noted below: Mineola Road, Mattituck, NY; GARY SACKS and ALAN
1. 7:15 p.m. Appl. No. 4438 - Parcel #1000-123-6-17 (now SCHLESINGER. Based upon
GIUSEPPE & LAURIE 17.1) Under Article XXIV, Sec- the July 16, 1996 Notice of Dis-
CCOMO:'IMs is an application tion 100-244B proposed con- approval by the Building Inspec-
for a Variance based upon the struction will have an insuffi- for , applicants request a Vari-
November 1996 Action of Dis- cient westerly side setback and ance under Article XXIII, Sec-
approval by the Building Inspec- total side yards for the 27,029+- tion 100-239.413 for a proposed
for under Article III, Section sf lot located in an R-40 Zone deck addition within 75 feet of
100-33C,in..which applicant ap- bulkhead, at 125 Mesrobian
plied for a building permit to lo- District. Drive, Laurel, NY; Parcel
cats accessory building, and that 7. 7:45 p.m. Appl. No. 4441- #1000-145-4-7.
yard area has been designated a FRED AND RUTH ROSSI. A The Board of Appeals will at
second front yard. Location of Variance is requested under Ar- said time and place hear any and
Property: 265 Youngs Avenue, ticle ILIA, Section 100-30A.4 all persons or representatives
Southold, NY: Parcel ID #1000- and Section 100-33, based upon desiring to be heard in the above
614-38.2. the November 7, 1996 Action of applications. Written comments
2. 7:20 p.m. Appl. #4439- Disapproval by the Building In- may also be submitted prior to
KID N' ROUND by spector for placement of an ac- the conclusion of the subject
THERESA WALKER. cessory (shed) building in an area hearing. The above hearings will
(Owner of Property: Anthony other than the required rear yard, not start before the times desig-
Pirrera). This is an application at 265 Brigantine Drive, nated, and some may be
for a Special Exception for oc- Southold, NY; Harbor Lights
cupancy/use of a rental unit in an Estates, Section One, Lot 32; carryover hearings. The files
existing business center located Parcel # 1000-79-4-45. may be reviewed during regular
at 46455 County Road 48, 8. 7:50 p.m. Appl. No. 4442- business hours for updates or
Southold, NY; Parcel #1000-55- COSTAS and MARY new information. If you have
2-21, for use as a commercial CAVIRIS. Request for a questions, please also do not
recreation facility, and uses nor- Waiver under Article 11, Section hesitate to call 765-1809.
mally accessory and incidental to 100-26 concerning a vacant lot Dated: November 20, 1996
commercial recreation, as pro- identified as 1000-106-2-35, BY ORDER OF THE
vided by Article X, Section 100- which has been deemed merged SOUTHOLD TOWN
101 B(6) of the Zoning Code. B- in the October 11, 1996 Action BOARD OF APPEALS
General Business. of Disapproval by the Building GERARD P.
3. 7:25 p.m. AppL No. 4429- Inspector. The adjoining parcel GOEHRINGER, Chairman
6b Carryover from I I/l4. LILCO which is included in the merger By Linda Kowalski
1 request for Special Exception for determination is identified as a IX-11/28/96(19)
COUNTY OF SUFFOI K
SKATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
i ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
/ weeks
suc(essively, c-ornmem ing on the
day of /..2Av-e....'~~`.~...~....~.......... I C)A
Sworn to before rue 1..~.~~..........day of
/J . 19..E
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires 9/31198
VPt(aNCE-
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property. .
OWNER(S) OF RECORD:
G iusepee ~ Laucler COMO
DATE OF PUBLIC HEARING: q:66 P
Nov. I ~ 11 1P
~
?
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and 4 p m
BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809
a ~ 7
nl ve Sou ~
~ u STS ~ o ~d
APPEALS BOARD MEMBERS ~~gUFFO(,~c
~O Olj Southold Town Hall
Gerard P. Goehringer, Chairman y` 53095 Main Road
Serge Doyen via Z P.O. Box 1179
James Dinizio, Jr. p • Southold, New York 11971
Robert A. Villa 't.JJ p~ Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
7.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4438 November 14, 1996
Project/Applicants: Gum eppe Como
County Tax Map No. lt)t)s0- 61-4-38.2
Location of Project: 265 Youngs Ave., Southold
Relief Requested/Jurisdiction Before This Board in this Project:
Proposed accessory garage will be located in a front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990).
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 76~.-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
• ~~gUFFO(,j ell.
O G
JUDITH T. TERRY = y< Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
y x
• Southold, New York 11971
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO. 4438
DATE: NOVEMBER 6, 1996
Transmitted is an application for a variance submitted by GUISEPPE AND
LAURIE COMO together with Notices to Adjacent Property Owners;
Zoning Board of Appeals Questionnaire; and survey.
Judith T. Terry
Southold Town Clerk
oRrG%naL
l`o le rub+~ z_6/I-A
CFRTlrIFN NATI_
BOARD Or APPEALS TQ%VNOfrSOUTIIQ_LU RETURN RECEIPT REfIIJFqIEI)
In fire Matter or the Petition of
C e NOTICE
iU5 /nMu -~Caurl~ TO
M,D
to the Board of Anneals of the Town of Southold
PROPERTY OMIRR
TO:
YOU ARE IIERI=RY GIVEN NMICr.:
I. 11 ' ' the intention of the undersigned to petition the Hoard of Appeals of the I own of Southo11l
Ia request VarianceNSpeciai Exception) (Special Permit) (Other.) [rlre).e choice I
2. That the property which is lire subiect of the Petition is located adjacent to your property and is de,
cribed as follows: _ 210 ID - C u -k c-~C~- -
3. That the property which is the subject of such Petition is located in the following roning disivirrt
j2 -!j n
ion, the oodersigm•d will request Illy followinp r'elief~:~
I -111.11 b,l such Petit
- i R~J~-r1u~f-fie.1 1 S! hCl~
61 1
_ _rre Son
17
--.P PnnPCr ~1~__LtcaC-L~ cE U e F~-fZir~1-pF-wny ,
_~~11d
I
5. Item the provisions of the Southold Town Zoning Code applicable to the relief soorlrt 11y the under.
signed are Article SecLion_
6. That a written Petition requesting the relief specified above svill
be filed in tine Southold Town Clerk's Office at Main Road Southold, New York and Vote may then and there
examine the same during regular office hours. (516) 765-1009.
7. Thal before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals: that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Long Island Traveler•Mattituck Watchman, newspapers published Inn the
Town of Southold and designated for the publication of such notices: that you or your representative have the
right to appear and be heard at such hearing.
r1
Dated: J. ~-TIQ•
Petitioner
Owners' Names :_~y r e-----.--------_-_-- -
Post Office' .Addss -
Tel. No. ( ) -Ile s-
[Copy of sketch or plan showing 1) ropcsaI to be attached for r.0it venieit
purposes.]
OOF OF MAII lNC OOLICE
A'I"PACI CERTIFIED MAIL RECEIPTS
NAM(; ADDRESS
/eo
/26g-
Gi~-vt~~ti~-
Igo
STATE OF NEW YORK
COUN1Y OF SUJF~FO(_K)
/ E residing at
06- P-1_L being duly sworn, d poses and says thadon the day
of _ . 4e, 19 , deponent mailed a trim copy of the Notice set forth on ire re-
.410 verse side hereof, directed to each of the above-named persons at the addresses set opposite their rcspec live
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
tilt atnent sessme t ro of the '(own of Southold; that said Notices were mailed at the United Sates Post Of-
ficc at ZI ; that said Nntices marled each of ns by
(certified) (registererl) mail 7-
.fJ
Sworn ro before file this
day f _ nvoM~se~ 19TV
Notary Publ'
ELIZABETH ANN NEVILLE
Notery Public, State of K vv York
No. 52-8125850, Suffolk Court
Term Expires October 31,
(This side does not have to be completed on fnrm transmitted to adjoining
1) rnper'ty owneY'5. )
- - -f
P 538 458 014 P 538 458 013 P 538 458 012
US Postal Service US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. ,t
P 528 457 543 Do not use for international Mail See reverse Do not use for International Mail (See reverse Do not use for International mail See reverse
Sentt q/ SentI Sentt f N
US Postal Service
Str ~umber Str el~/~imb Stree Num r
Receipt for Certified Mail 9 5~
No Insurance Coverage Provided. Po ~Jc Pit & ZIIAA Code > Post Office, State & ,ZIP Code Pos i e, St & ZIP Cod
Do not use for International Mail See reverse Xv E,qr~ /j~'~ gyp` v r'f~` C
Sent to e~ - q
GvEtt7 i /-~ti e K < Li Postage $ 3 Postage $ L Postage
Street
q% } Certified Fee Certified Fee i Certified Fee
Post (~f(iPY- BILI ~ -3 - 4- ` Special Delivery Fee Special Delivery Fee Special Delivery Fee
Postage $ RestricteMDel, Restricted Delive Restricted Delivery Fee
Certified Fee rn Return RO., Retum R Wdg in Retum Recel 0 6
Whin Whom -11WIffifilli d
Spedal Delivery Fee Rehm R. Rehm Showi hom, a Rehm
< Dt& Ad < Date, & ee's ss < Date, ee's s
Restricted Delivery Fee O TOTAL Po e O TOTAL os e & O TOT stag+ ees
m m 0D IN Alt? cc
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< Date, rass ress N N
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P P 538 457 542 P 538 457 541 P 538 ti58 015
m
a US Postal Service US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided.
Do not use for International Mail 'See reverse Do not use for International Mail See reve. Do not use
5 rse or international Sent to Mail S
Sent to eereverse
Stree Number Stre & No ber t / N
Strea Number
6x
Pos ice Star & ZIP ode Post Office, State & ZIP Code Post ice, State, 8 ZIP C e
Postage $ -us age $ Postage $
Certified Fee Certified Fee / Certified Fee
Special Delivery Fee Special Delivery Fee Special Delivery Fee /
Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee
o'
Co Return Recai to m Retum Receipt Sh i m Return
Whom & / Whom & D 'v d /
$ Rehm $ Rehm R N = e
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< Date, ssee' < ate, s < Dale ress ress
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to a to
a.
QUESTICNNAIRE
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:
(Sep~Xate suet may~ b~~ attached.)
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { ) Yes
O Q No. (If Yes, nleage attach cnpy of "conditions" of sale.)
C. Are there any 7roposals to change ar alter land contc,=?
{ ) Yes ( ) No
D. I. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map submitted with
this application?
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?
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? /00 (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? /1p If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? 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? lJ If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel df-s. hc-1~4,y( and
proposed-use
171 Yt<'
xttnor ignature and Date
r
3/87, 10/901k
§ 97-13 WETLANDS § 97-13
TOWN - The Town of Southold.
TRUSTEES - The Board of Trustees of the Town of
Southold. (Added 6-5-84 by L.L. No. 6.19841
WETLANDS (Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L L No. &-1985):
A. tiDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks.
bogs, salt marsh. swamps, meadows, flats or other
low lying lands subject to tidal action; .
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts. sea lavender, tall cordgrass, high
bush, cattails, groundsel. marshmallow and low
marrh cordgrass;and/or
(3) All land immediately -adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1. § 24-0107. Subdivisions 1(a) to 1(d) inclusive.
of the Environmental Conservation Law of the State
of New Yorlc: and
(2) All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection BO) and lying with-
in seventy-five (75) feet laudward of the most land-
ward edge of a "freshwater wetland."
9705 z-os-as
FORM NO.J
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORI ED)
Date 19... r
NP 22991 Z
Permisslon Is hereby gran to: 7 ~C
r~ z_
to ........:4
:....,,:.....-...?Q%/LE..~z
. .....,,.e*
at premises located at.........c`Y ~G~i2-.-
.
County Tax Map No. 1000 Section 5~' e' Block . Lott No. P.. L
pursuant to appllcatlon dated CGL.....L 19....... J.~., and approved by the
Building Inspector.
l cTJ i
Fee . ....c........ /
Bung Inspe r
Rev. 6/30/80
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z-23872 Date SEPTEMBER 14, 1995
THIS CERTIFIES that the building ACCESSORY
Location of Property 265 YOUNGS AVENUE SOUTHOLD, N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 61 Block 4 Lot 38.2
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated AUGUST 22, 1995 pursuant to which
Building Permit No. 22991-Z dated SEPTEMBER 6, 1995
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ACCESSORY STORAGE SHED IN REAR YARD AS APPLIED FOR "AS BUILT"
The certificate is issued to LORETTA DiMAGGIO
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
Building Inspector
Rev. 1/81
Print Key Output Page 1
5738SS1 V2R3M0 931217 SOUTHOLD 11/12/96 15:19:12
Display Device . . . . . . DSP15
User . . . . . . . . . . . LINDAK
PLI10-23 W5 TOWN OF SOUTHOLD 11/12/96
*1NQ* PARCEL MASTER FILE INQUIRY 15.19.01
Address: 525 MECHANIC STREET
APN: 1000 61 4 37
SEL TYPE EFF DATE EXP DATE EXCPT DESCRIPTION TEXT?
1. PMT 8/22/77 BP# 9424Z Y
Selection:
Cmdl-Prey Screen Cmd7-End Job
j
q12-0
/6h
Print Key Output Page 1
5738SS1 V2R3M0 931217 SOUTHOLD 11/12/96 15:17:53
Display Device . . . . . . DSP15
User . . . . . . . . . . . LINDAK
PL110-23 W5 TOWN OF SOUTHOLD 11/12/96
*INQ* PARCEL MASTER FILE INQUIRY 15.07.25
Address: 265 YOUNGS AVE
APN: 1000 61 4 38.2
SEL TYPE EFF DATE EXP DATE EXCPT DESCRIPTION TEXT?
1. PMT 9/06/95 3/06/97 BP#22991-Z-AGCY SHED-CO Z-23872
2. SPL 5/25/78 SPLIT PARCEL Y
3. PMT 1/27/77 BP# 9034Z ALT N/D-CO Z-7819 Y
Selection:
Cmdl-Prev Screen Cmd7-End Job