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4487
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. r Lydia A.Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JUNE 19, 1997 Appl. No. 4487 -SE - DONALD AND PATRICIA FEILER PARCEL ID: 1000-141-4-40 (Owner: Homan Realty) STREET & LOCALITY: 11725 Main Road, Mattituck DATE OF PUBLIC HEARING: June 19, 1997 REQUEST MADE BY APPLICANT: This is a application made by Contract Vendees for a Special Exception to establish primary business offices in an existing two-story frame building which is situated on a 14,400+- sq. ft. parcel of land, having a frontage of 80.47 feet along the north side of Main Road, Mattituck. PROPERTY DESCRIPTION): DESCRIPTION: This property is located in a Residential -Office (RO) Zone District and contains a total lot area of 14,270 sq. ft. The April 6, 1985 survey submitted with this application shows two buildings: (a) a two-story frame dwelling and (b) accessory frame garage. The northerly and easterly side lines show existing fences (post and rail style; and stockade style) . A Certificate of Occupancy for Nonconforming Premises (Pre-C.O. #Z13534) dated June 18, 1985 was issued to George H. Gildersleeve, former owner. ION (CODE "Zoning," under Article VII, Section 100-71B(2), follows: "Uses permitted by Special Exception" approval of the Board of Appeals for the following: (2). Professional offices and business offices." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Chapter 100 which reads as upon receiving 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because it is a neighborhood consisting of mixed residential and commercial uses: business office, professional office, retail, and others; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties and there are yard areas available for parking, egress and ingress; 3) The primary occupancy for business offices will not prevent ' I J Page 2 - June 19, 1997 Appl. #4487: 1000-141-4-40 (Feiler) Southold Town Board of Appeals orderly and reasonable uses proposed or existing in adjacent use districts; 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected; 5) The enactment of the new Master Plan in January 1989, with subsequent amendments thereto, confirm business office uses to be authorized after full reviews; 6) No other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application, as applied. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, DOYEN, TORTORA, OSTERMANN, and GOEHRINGER. This resolution was ******************* Actions. 97/141-4-40 5-0). 1 • VVL11Al1Y V1]L4, �.aan RESOLUTION ADOPTED 6/19/97 RECEIVED AND FILED BY THE SOUTHOLD TOWN CL-ERK DATE HOURS !oo P (�e /� ��Q7 1 Town Clerk, Town of ` cut.old APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. &Fe Lydia A. Tortora Maureen C. Ostermann o°St FFOJR�- � Ppy o � � x BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. JUNE 19. 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential 7:05 p.m. Appl. No. 4482 - CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone District: Agricultural -Conservation. y Page 2 of 3 - Legal i utice Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:10 p.m. Appl. No. 4488 - LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required front yard setback at premises known as 2225 North Sea Drive, Southold; County Parcel #1000-54-4-23. Zone District: R-40 Residential. 7:20 p.m. Appl. No. 4484 - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear (behind) existing accessory buildings, leaving a front yard location for the accessory buildings.. Location of Property: 3705 Alvah's Lane, Cutchogue; County Parcel #1000- 101-2-24.5. Zone District: Agricultural -Conservation. 7:35 p.m. Appl. No. 4480 - NICKHART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "...1) Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article III -A, Section 100-30A.3, 2) Insufficient front yard setback for a non -conforming lot - Article XXIV, Section 100-244B ...." Location of Property: 53400 County Road 48, Southold, NY. County Parcel 41000-52- 2-13. Zone District: R-40 Residential. (Also, proposed two parcels contain insufficient lot depth, and principal building envelopes show Page 3 of 3 - Legal ice Southold Town Board of Appeals Regular Meeting of June 19, 1997 proposed reduction in the required rear yard setbacks of future dwellings.) 7:55 p.m. Appl. No. 4487 - DONALD AND PATRICIA FEILER (Owner: Homan Realty) . This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-71B, subsection 2. Zone District: Residential -Office (RO). Location of Property: 11725 Main Road, Mattituck; County Parcel No. 1000-141-4-40. 8:00 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. (Carryover) 8:15 p.m. Appl. No. 4489 - DOUGLAS W. McGAHAN (Owner: Evelyn Fleet) . Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article II, Section 100-26. The lots in question were created by a deed dated 2/1/1923, and dated 10/2611964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July 1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for reviews during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: May 29, 1997. BY ORDER OF THE SOUTHOLD TOWN. BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x MAY 2 3 1997 �2=ssp.m. I V TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION southova Toms TO THE ZON GkBOARD OF APPEALS, SOUTHOLD, NEW YORK: �j /Wo, p Application No. V4 se Date FiledT s-1a31q,7 I (We), � t1t�t�jCq. tt � of (9100 ©L.M TUL.E, l.aNt. Resi ence, House No. and Street] M>>Tc1TQCY-, J N�' 1\952 ' 2.a6-5250 am et,tal:e`, i�`p Code, Telephone um er-FV-4 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE Vtt , SECTION 100--7t SUBSECTION 13. (2 - for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): "i1V>= przopcXa GOF�lVE ION bF AN 'r.XIS'("WCa 451W.RLE FI�MILY INyTo 4FCNt-14,:=CTufJ. oF�Ftc1-J FOR myR1c.ts1t1`4y W4}tch{ lkb5 _Vx=-� t.0x4a.5;i0 &T Ry 410ME oFFIca c�N pLE S�L>v Lim ET_NAA-rl FTLICt5j FOR _Rt>✓ Plb_5T 14D Ym-.c- 45. A. Statement of Ownership and Interest, �tbvrioN ��-C� PNG - is(are) the ner .) of property known and referred to as I I T2 Mp-iKA 9c>t,-D �THouse No., Street, Hamlet identitied on the 5uttolk Uounty lax Maps as Uistrict IUUU, Jection 14-1, block Lot (s) -40 , which is Cf (is) on a subdivision Map (Filed "Map of , " Filed Mappo. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on lst B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasonsi -TP'F- EotL_lDlf 4WILl_ RFtb.ew+ -ZF-SI Vi5M 11ttL IN s:>!, WiT4+__No bbl ilort5_. o=ff � �KIu� JILL cbAelPLi( WI-I-14PLLsNtiBIMCI D lH!{ Al t $ . R1= WILL P -;r-- L_lT_T_L`FE TVWFlc O-4 btAlr> ®u7 FRBtA6q vt-.y wr-) wNe As. _ 1t05Ir4V-*r-> 1ADUR's- pRtY&t�-qT vst;s_tVA Gdrw QL�1ici_t�ltT�-.bR M!_ 4*40 �ict��lt)v-s wy'tt°f �E.S1G7�i-a L=�-L- Fxz�Ne�S 6rito }�;-�ss9ouma. esF�ICES . Tu _(Rf9OSE VQLL'$E'ST- =;ND sU8r4IE= WIT44 as Mif4lm,&L. CH414�Elkl C. The property which is the subject of this application is zoned and [X ] i.s consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: Ainature 4 Sworn to before ma this2-]day of�p , 14q-7 LINDA F. KpsV^Wry YIPUN State ofNewyork 46ray1;UAQ1c No. 524624771 Qaafified in Suffolk Copy qt�'- ZB2 (rev. 2/6/66) Commission SVim Now. 30, 19f tww �a a yd TC NN OF SOUTHOLD 'ROPERTY RECORD "CARD WNER STREET VILLAGE, DIST. SUB. LOT" q sa(.rrCfcl��rL�r )�lrt�z lu. 2r"�, 1'4� rr t"."- r� JACR^ JRMER OWNER N E - S W q TYPE OF BUILDING` SEAS, VL. FARM —�-_ comm. ✓�CB. r�MISC. 'Mkt. Value ------ - ----- --~--'- LAND IMP. TOTAL DATE REMARKS / J 1 ^, .: O,,} • �- �' / _. a , ," J !r r, / + f r'.. f " tti l J t.V t r-•^ 6 l��—_.� AGE BUILDING CONDITION IEW NORMAL BELOW ABOVE ARM Acre Value Per Value - - Acre `- ------ — .Ilable 1 �llable 2 i II � �5r; Y 5 liable 3 41 bodland X ampland FRONTAGE ON WATER _( , s =" shland FRONTAGE ON ROAD _ Buse Plot ~- DEPTH_' <-, BULKHEAD ai A* =DOCK�::_ n ... 7 / '�— '--- �F COLOR --------- --- t,r - E TRIM - - -- -�-- -- ---- -- ---- _ idh _- - - - M. Bldg. /� ,�,_' Foundotion Bath / Dinette Xtension �' �" � j/� 4,! ,., Basement Ext. Walls '//J { -- �-�.1 Floors Inleriar Finish �C � � L.R. xtension .,�. � rx(ansiollh -- Ji (e C % 2- ( r;re Place �{� I ¢/ Heat ? DR. LL4..:_1 ��Sx v J / ? �IYPe Roo( fin �� I p� Rooms lst Floor BR. j_ --- Recrealion Roan Rooms 2nd FIooI rlhl. B. ?orch Donner - - - �--_- --- Breezeway Driveway Sarage Patio _. —_� - -- ------------ ---- - — 0. o. B.Gbtto Total n ... 7 / MAP OF CERT/FY TO' DESCR/SED PROPERTY # 212 ABSTRACT CO. AT SECORlTr FOR TITLE B GOAR.GNTY MA T T/TUCK HOMAN REAL r>, /1v6. TOWN OF SOUTHOLD sealand ,,,�D� surveying & SUFFOLK COUNT engineering p.c. 0 west main street riverhead, new york 11901 (516) 369-1717 A1?EA=/4,2705(7FT t - -Q- /. April 6, 1985 Job N285-842 0.3276 ACRES------- ----_= x_�1� 1000-141-04-40 Scole:l"=30' • l - .Y . T„'.f � _"— •; �- x'1.."'1--: ij.:-^";_,' .-'_ _ _ y amu. _ � � . ✓.,,,-.r .- ti "ar •.. - _'� _ ' ' _ � � .• � � - _� ^ ..._ _ ''. • a, cq°�tiT' ori ; !l, . T e .'��N.T 'IT iM.., .. - ' .. '��.• :`� •iTtii�,7}i% _R, .r :✓_t tr .'ti�t'i{1P;;5 .. � 4=�•.1�f�-!% ti-�•�• lCS_ ... - rl�ai>:�i�Tg_f�, "`7-".j��_'I-.. - ' � � . .. VT C9 Ar t t! : S (. ' ." - - "JJ �'Y � � �r• wis _-tt---T ^j,'_ _ -j— -) {j �-. 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MLS I T rT° VcKy.j SECOND � �oc� 'pLp.�I WTI -I ELE.VdTION COUNTY OF SUFFOLK 0JUL 2, 1997 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING June 27, 1997 Town of Southold Zoning Board of Appeals STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING 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 sl Municipal File Number(sl Fischetti, Mary Church of God in Christ r/Homan Realty/Feiler, Donald & Patricia Pearlstein, Lawrence GGN:cc C:\WPWIN60\WPDOCS\ZONING\WORKING\LDS\JUNESD4475.JUN 4475 4482 4487 -SE 4488 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE r P.O. BOX 6100 5 HAUPPAUGE, LONG iSL.AND. NY 11788-0099 3 .516) 853-5190 N FAX 5161 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. RXAX-yAWX Lydia A. Tortora Maureen C. Osterman A O` yam} BOARD OF APPEALS TOWN OP SOUTHOLD R3 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Ar -i cle = of the Suffolk Count -,r Adnizr ist ative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Camii.ssion- Variance from the Zoning Code, Article , Section _ Variance from Determination of Southold Town Building Inspector XX Special Exception, Article VII Section 100-71B(2) Special Permit Appeal No:4487-SE Applicant:Homan Realty/Donald and Patricia Feiler Location of Affected Land: 11725 Main Rd., Mattituck, NY County Tax Map Item No.: 10 00 - 141-4-40 Within 500 feet of: Town or Village Boundary Line Body bf 'Water (Bay, Sound or Estuary) XX 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 by 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 establish primary business offices in an existing two-story frame building Copies of Town file and related documents enclosed for your review. Dated: June 24, 1997 .<J 1 -- PLANNING BOARD MEMBERS BENNETT ORLOWSKI; JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD G,R� D OFFICE Is )~01Wsiyu©(1i�T HOLD July 15,1997 i' i JUL V 51. Donald G. Feiler 600 Old Jule Lane Mattituck, NY 11952 Re: Request for site plan waiver for Donald & Patricia Feiler SCTM# 1000-141-4-40 Dear Mr. Feiler: z gh- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 14, 1997: WHEREAS, Donald G. Feiler is the contract vendee of the property known and designated as SCTM# 1000-141-4-40 located on Rt. 25 in Mattituck; and WHEREAS, a professional office is a permitted use, by Special Exception in this Residential Office (RO) zone; and WHEREAS, the Zoning Board of Appeals granted a Special Exception on June 19, 1997; and WHEREAS, the professional office would require seven parking spaces; and WHEREAS, provision has been made for seven parking spaces, including a handicapped space; and WHEREAS, an examination has been made of all uses and the existing parking was determined to be adequate for all uses; and 'e'J Page 2 Site plan waiver for Donald Feiler July 15, 1997 WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED, that the Southold Town Planning Board grant a waiver of site plan requirements. Please contact this office if there are any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Building Department Zoning Board of Appeals Ed Forrester, Town Investigator Homan Realty June 23, 1997 Mr. and Mrs. Donald Feiler 600 Ole Jule Lane Mattituck, NY 11952 Re: Conversion to Office Building Use (Special Exception) Dear Mr. and Mrs. Feiler : Please find enclosed a copy of the Board's determination rendered at our June 19, 1997 Meeting. A copy has been forwarded to the Planning Board Office and the Building Inspector's Office for their records. Please be sure to obtain approvals from the Planning and Building Inspector Offices before occupying the building with the new office uses. Should you have any questions, please call our office at 765-1809. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Inspectors' Office Planning Board Office Suffolk County Planning Commission kPPEALS BOARD NIENIBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. flNX@M@ffWW@ Lydia A. Tortora Maureen C. Ostermann t li�X nJ✓�� 'JJ'O�OS'�; o cn - z �ol�a BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JUNE 19, 199 Appl. No. 4487 -SE - DONALD AND PATRICIA FEIL ER PARCEL ID: 1000-141-4-40 (Owner: Homan Realty) STREET & LOCALITY: 11725 Main Road, Mattituck DATE OF PUBLIC HEARING: June 19, 1997 RERUEST MADE BY APPLICANT: This is a foapplicationmade mazy Contract Vendees r a Special Exception to which is business offices in an e Fisting two-story frame building situated on a 14,400+- 4 parcel of Road, 1�Iatt tu, cka frontage of 80.47 feet along the north side of PROPERTY DESCRIPTION) : DESCRIPTION: This property is located in a Residential -Office (RO) Zone District and contains a total lot area of 14,270 sq. ft. The April 6, 1985 survey submitted with this application shows two buildings: (a) a two-story frame dwelling and (b) accessory frame garage . The northerly and easterly side lines show existin , fences (post and rail style; and stockade style) A Certificate of . Occupancy for as was issued nfoto11George H SeGilderslee O former 3o owner. June 18,1985 BASIS OF APPLICATION ( CODE PROVISION) : Chapter 100 "Zoning,11 under Article VII, Section 100-712(2), which reads as' follows: "Uses permitted by Special Exception" upon receiving approval of the Board of Appeals for the following: (2) . Professional offices and business offices_" REASONS FOR BOARD ACTION DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because it is a neighborhood consisting of mi_xpd residential and commercial uses: business office, professional office, retail, and others; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties and there are yard areas available for parking, egress and ingress; 3) The primary occupancy for business. -offices will. not prevent ' ue"� - — - ;,'ice' �- - .'4:'i:"'•t•`.... .. - ; Page 2 - June 19, 19 Appl. #4487: 1000-141-4-40 (Feiler) Southold Town Board of Appeals orderly and reasonable uses proposed or existing in adjacent use districts; 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected; 5) The enactment of the new Master Plan in January 1989, with subsequent amendments thereto, confirm business office uses to be authorized after full reviews; 6) No other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application, as applied. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, DOYEN, TORTORA, OSTERMANN, and GOEHRINGER. This resolution was unanimously opt (5-0) . -�// ,/ GERARD P. GOEHRINGE-A, CHS RESOLUTION ADOPTED 6/19/97 Actions. 97/141-4-40 t .. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. R*NKWOQX# Lydia A. Tortora Maureen C. Ostermann U Mr. and Mrs. Donald Feiler 600 Ole Jule Lane Mattituck, NY 11952 BOARD OF APPEALS TOWN OF SOUTHOLD June 10, 1997 Re: Proposed Business Office Uses Dear Mr. Feiler : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of comments from the Planning Board under the site plan review process. The comments are in response to our office's recent coordination request. This letter has been made a part of the permanent file. Very truly yours, Linda Kowalski Enclosure PLANNING BOARD MEMBERS \ RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. (_ 13ENNETT ORLOWSKI, JR. v WILLIAM J. CREMERS KENNETH L. EDWARDS y Z l PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Gerard P. Goehringer, Chairman, Zoning Board of appeals FROM: Bennett Orlowski, Chairma RE: Request for coordintie n � Donald & Patricia Fei . !J Main Road, Mattituc , SCTM# 1000-141-4-4 r` JUN 1 .0.1997. DATE: June 10, 1997 �1 The Planning Board has received a waiver request for the above project. The Board is in favor of granting a waiver for this project. It has advised the applicant that the driveway and parking lot would have to be paved. In addition, handicapped space and access to the building must be provided. The applicant was also advised that review of the curb cut by the New York State Department of Transportation would be required. `-APPEALS BOARD MEMBERS U� Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. To Maureen C. Ostermann COORDINATION REQUEST BOARD OF APPEALS TOWN OF SOUTHOLD TO: Planning Board FROM: Zoning Board of Appeals DATE: June 6, 1997 SUBJECT: Projects Pending Review' and Approvals with PB Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This will confirm that the following projects are presently on file, and coordination comments are requested to be made a part of the permanent ZBA file, on or before June 18th, if possible. Thank you. Nickhart Realty by Warren Sambach, Sr. - lot size variances in an R-40 Zone District, CR 48, Southold. Donald and Patricia Feiler - special exception for business offices. RO Zone District, Route 25, Mattituck. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Osterman �o��g�FFO�,�coG o ?� COD Z BOARD OF APPEALS TOWN OF SOUTHOLD S.E.¢.R.A. TYPE iI ACTION DECLARATION Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 19, 1997 Appeal No. 4487SE Project/Applicants: Homan Realty/Donald and Patricia Feiler County Tax Map No. 100G- 141-4-40 Location of Project: 11725 Main Road, Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Conversion of building from single-family to "business and professional offices" - 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 444-4 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 I1 classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901.. 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 Fall, Main Road, Southold, NY 11971 at (516) 765-1809. 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �°��SOFFO��co co 2 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: May 23, 1997 RE: Zoning Appeal No. 4487 - HOMAN REALTY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4487 - HOMAN REALTY by Donald C. Feiler for a special exception. Also included is: ZBA Questionnaire; Short Environmental Assessment Form; copy of Residental Contract of Sale; copy of deed; plans; and survey. SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 19,1997.a NOTICE IS HEREBY. GIVEN, put-'. suant to Section 267 of the Town Law' and the Code of the Town 'of Southold, the following applications will be held for. ..public • hearings, by ; the, SOUTHOLD •TOWN BOARD OF : APPEALS, at the,Soulhold Town Hall; 53095 Main Road; Soiithold,,New York. 11971," ori"THURSDAY,`JUNE 19, 1997 at the time noted below (or as. soon thereafter as possible): ' 6:45 p.m. Appl. No; 4475 - MARY FISCHETv (carryover):' ' 6:55 p.m. Appl. No. 4483.— AN- DREAS VASSILIOU. Request for a Variance under Article IIVA, Section . 100-30A.4 based upon the March 21, . 1997 Action of Disapproval issued by the Building Inspector for permission to. locate an accessory•gazebo in.a front yard area at premises ,known as, 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. , ' 7:05 p.m. 'Appl. No.. 4482 -- CHURCH -OF GOD IN CHRIST. Request for * a Varianceunder• Article . XX,, Section•.100-205-based, upon ,the April 30, 1997 Action of Disapproval issued by the Building Inspector for permission to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R.: 48, Cutchogue. Parcel #1000-101-1-10. Zone. District: Agricultural-, Conservation. 7:10 p.m. Appl: No.. 4488. = LAWRENCE and JOSEPHINE. PEARISTEIN. Request for a Variance under Article XXIV Section 100-244B for permission to construct addition, a . portion of which will not meet the min- imum required front yard setback at. premises known as 2225 North Sea Drive, Southold; Parcel #1000-54-4-23.", : Waiver underAiticle II, Section 100-26, Zone: R-40 Residential. , • • ' for nonconforming lot identified as 7:20 p.m. Appl. No. 4484 = 1000-103-07-11, which adjoins non- PAULETTE . SATUR MUELLER conforming lot 1000-103-07-12, under and EBERHARD MUELLER. This Article II, Section 100-26. application is based upon the April 28, , The lots in question were created by 1997 Action of Disapproval by the a deed dated 2/1/1923, and dated Building Inspector. Variances are 10/26/1964; under Section 100-25 the • requested under Article 111, Section ;.• : lots in question are nonconforming and 100-33 for approval, of the location of a . . have, merged because they' have been new dwelling to the rear (behind) exist- held In common ownership at some ing accessory buildings, leaving'a front `' time after July 1,,1983." Location of yard location for the accessory build- Property: Stillwater Avenue, ings. Location of Property: 3705 Cutchogue, NY; also shown as Lots 7 Alvah's Lane, Cutchogue; County and 8 on the Map of Green Acres filed Parcel #1000-101-2-24.5. Zone Dis- in, the Suffolk County Clerk's Office trict: Agriculiural-Conservation. November 3,1971: 7:35 p.m. Appl. No'. 4480 = NICK.' • The• Board of Appeals will at said HART REALTY. This application is" time and place hear any a6d all persons based upon the September 18, 1996, or representatives desiring to be heard ,. updated April 28, Action of in The above ,1997, � _the ,aboveFrapplications., Disapproval by •the Building` Inspector""'r`'_`:: heerrngs'will not' start before the time which states: "...1) Insufficient lot area designated. Each file is available for and depth in an R-40 Zone. A lot is = review during regular business hours, required to have an area of 40,000 sq. ft: ' .,. and written comments may be submit and is required to have* a depth of 175 ted before that hearing is concluded. If feet.,Article III -A, Section 100-30A.3, ' you'have questions, please do not hesi- a 2) Insufficient front yard setback for a - tate to call 765-1809. non -conforming lot — Article XXIV, Dated: June 2, 1997. ' Section 100-244B ..." Location of - - ,.: BY ORDER OF THE SOUTHOLD, Property: 53400 County Road 48, ., t. , `.; TOWN BOARD OF APPEALS Southold, NY. County Parcel #1000-52- ` ' GERARD P. GOEHRINGER, 2-13. Zone District: R-40 Residential— ria , r1 ;y'j-; i�` Chairman Also, two arcels contaiA• ! B Linda Kowalski proposed insufficient lot width; code requirement . s1017-1TJu5-• _•.'= i is 150 ft. for each lot created.) I f V{ • 7:55 p.m. Appl. No. 4487 — DON- t 1 ALD and 'PATRICIA FEILER I (Owner: Homan Realty). This isa request for a Special Exception und� 1'" •Article "VII for conversion" of bdildi g 7 l� from single-family to "business a d professional offices"-�as provided by Section 100-71B, subsection 2: Zone` District: Residential -Office (RO).` Location of Property: .117525 Main Road, .Mattituck; County Parcel -No. . 1000-1d1-4-40.. 8:00 p.m. Appl. No. 4469 — RAY- MOND FEDYNAK. (Carryover) • ; 8:15 p.m. Appl. -No. 4489 - DOU. ' GLAS W. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a STATE OF NEW YORK) ) SS: COU_ N OF SUFFOLK of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly publ shed in said Newspaper once each week for weeksly mimencing on the 1_ day o= 1 un c Principal Clerk Sworn to fore me this 6 1- day of 19 � 7 / MARY DIANA FOSTER NOTARY -PUBLIC, STATE OF NEW YORK / , COMM SSION EXPIRES AUGUST 31� 99� BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application D n JUN 1 91997 of AFFIDAVIT OF MAILING AND POSTING VbNP,- p 4 Pte! Ga 4Fsi L.pe- (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Data cmv �-e I "�z , residing at New York, being duly sworn, depose and say that: 1) On the (; day of .)wvF- , 1991 , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named r' persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold;' that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested (attached post office receipts here) : Name of Surrounding Property Owner Mailing Address WM-. . # ■� and, 2) On the [00* day of J v N?_, , 1997, I personally posted the subject property identified as District 1000, Section 141 , Block 04, Lot 40 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for sey6n,4ull days prior to Ithe subject hearing date, which is June 19, 199. r, `i Sworn to before me this JR day of Jue, 997. r` Notary Public MELA14 E V. BROOM% NoWy FftBlebdMWYak No. 49W12 OA111 ed in ,%." Cou Commh*n EON Od.19, 9 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. &W41 MEM Lydia A. Tortora, Maureen C. Ostermann Re: New Application Dear BOARD OF APPEALS TOWN OF SOUTHOLD May 28, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attached for mailing by you, certified mail, return receipt (green signature - cards) , is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing date, time and place. At least ten (10) days prior to the hearing, please send a copy, certified mail -return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. It is suggested that you include a cover letter giving your name and telephone number and a copy of the map showing your proposed project. Also enclosed is a sign for you to post on your property within 10 feet from the front property line, for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street. Please sign the enclosed Affidavit of Posting and Mailing before a notary public and return it to our office (not later than the hearing time), and attach the following: a) postmarked mail receipts (which show the. neighbors names, addresses and post office location when mailed) ; b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have any questions, please feel free to call us. Very truly yours, Linda Kowalski MaryAnn Cybulski Enclosures P.S. An extra copy of the standards of law is attached for your use at the. hearing. 1nag.97/1etter )3u51NFss v�Flct� �K.C�. ZOME NOTICE OF HEA -RING. NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, Concerning this property. OWNER S) OF RECORD: ,Yl bbO G DATE OF PUBLIC HEARING: .� U 7 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 9 (516) 765-1809 117 �� Maim 1�oQd M N 7-ri Tit C /< The N.Y.S. Znvixanmenzal Quali -,r Review Ac-=ecui_es submission at tj,s =ar, and an enviranmenc�l _eview will Ue ,race Ly c:.:s ooara bezore anv action is taken. SHORT EWL MONMENTAL ASSESSMENT FORPI INSTRUCT IONS: (a) I.n order to answer the questions in this short ZAF it is assumed that the orenarer will use cur=antly available information concerting the project and t^.e likely impacts of t: -e' action. It is not e__=ectad that additional studies, research or other invest=gations will be undertaken - (b). I_ any question has been answered Yes the project may be sig- ni=4cant and completed Environmental assessment Torn is necessary. (c) i; all questions have been answered No it is 1i.'tely that `We project is not signiz-icant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physicallv'altar more than 10 aeras at land? Yes 2- Will `were be a major c_^.ange to any unique or unusual land !ort, on the site? Yes x No 3. Will Mroject altar or nave a large er=ac= on as existi.Ig body at water? _Yes 140 4. Will project have a potentially large impact an groundwater qua =i? — es is No 5. Will project signi-4—n=11y es=ecn drainage glow on adjacent sites? _'es 1( No O. Will prajec= af:!ec= any threatened or endangered -• plant or animal species? Y es -1-140 7. Will project result in a major adverse ef=ect on air quality? _'_es 'C .No 8. Will project have a major _fr=et on visual char- acter of the ccmmuni=r or scenic views or vistas sacwa to be important to the community? es iC Yo 9. Will project adversely impac=•anv site or st-:ct- ura of aistcric, prs-historic, or paleentolcq_4— 1 impertance or any siva designated as a cr'_cical envirc.•tmental area by a local agency? _!as *10 10. Will project have a major a=_act on exist=nq or =ut':re rec=aational cnoort•:nities? Yes NO } 11. Will project result in major =_-c prpblems or cause a major ax=ac-= =a e.•cis-i :g .=anspor=z==cn sysza ns? _Yes ?To 1=_ Will project regularly cause objec=icnable odcrs, noise, glare, vibraticn, or elects_cal diSZ=_-M- ance as a result of tae pro7ec='s aceram:-on? ''es Vo 1_2 - ori' -1 projec= nave anv _..pat= an public health or safaw? ''es No 14. Will project a=f,_,.= axis= -n c ccmmun_ti by dizec=1•7 causing�a grawch peraanenc pocula- -- n of mora than 7-erc:mnr_ aver. a one -Year as To =eriCd or :ave a major hepar' -tee _=_=c= on :he zac=== at Zae cammuni t -s ar neighbcr= cod? • t•:erecan-_�versv ants -•-_^c _: e 7e^=are r's n--- . 1- yU.^... TTS\1 TL•il^..... c C =ATG r,4 -IT ,roup Z.3 _ 1'. aP a �, c :'T , -`. e�. Please d-iSclose the na-,nes C: the cwner(s) and a_17 1:IQ? V?.CualS ( and entj.tiSS) haV4 -g suD] eCt 7r e-ri ses and a descr:.rt=Cn of the -i- ?m -tares S (cemarate sheet -may be attaC wed. ) "o Yl (alp Dirt? 1 Q G ® vi N -- Oo N t'J * *,Ampe . lam' L-eZ- CSN n-R-4,Cf 3. Is the suhj ecu pre.*IJ-ses us=e an the re3i esua-a = sale or bewg shown to Prolective buyers? { Yes {-A S o- (T]ff Pes* rTo�c� aij"=^'1 C^.T"i_S C± Ci C. Are there =7 _ iV�VSa?� � .�Se a� �fl= .7 _'"" { } Yes {A} NO 0 . 1. ?.re t :ere anv areas which cant= = " we, �_ �c grasses-, N o _ _s�es 2. Are the We-cl-Wd areas shown on the map s•�i.ui===? .H-== this a-ulica-_on? N o - 3. IS t.^.e_ rCCert'i bu?'�heaie d bet'rif craa an C. the upland building area? N b 4. Ii your pr cmerT C:3nc=''..1-1S Wer := nas or Mona a.r eas , ...ave you cantac te^ the 0=Jf i ce aif the Town Trus zees. or ; is Bete=i:.aticn C:C 3ur_Sdict-.cn? d.1 E. IS there c de.T..r=55i.an Cr S1CT7`ny^ ele'Tat=Cn hear r..= arcrose d ccns _coon at or he? ow f=ire -Zeeu ahove me-== se-= ve.L2 NO (7 f _ ilCt a=l-. - -ahle, 5k- iT..�-a. i Are here ant? -pati cs , ccn=etC c3�;�e=5 , L:!'L.^.e==S ai -�^"'� WII�C e::� = =- d ;r --a not. 5hc'wn an taeSIIi T e�T mam !,-Cu _=. none exis, pie se S�tC �t _cue_ tt G. Do vau have any const=•,1c'-; Cn t='nc -lace at -s C^.:ICCrn :lg yOL'+r r `-m; ses? N Tr •T2S , 7 e35Z S"c:C:^.- - - _ T of Your bui? C=nC -erml- and map as arMr : v ed hv t e =u�l" DeTar•-ate ,t _ T f acne, M lease S: ata _ :_DC -7Ou 0 an'T �.^.-C:JIIer a1. u c w n ar_ e and close = : Z_ -s parcel_ N p __ •res 71a -ase z i Nrera or soar_= c=_ =es Of deeds. I . P1 ease list cresent use or cnerac=ors ccnc�-c-cd -_ z arca? SlNc.4- e pt:" 6p"1✓S1 oIENCE. -nd erczcsed us` &.e-e+i-ITEGTUi�I. C:)F=lC E. Residential contract of sale, 3-92 jointly p,•epared by the Real Properly Section a iew York State Bar ,association, The New York Stare 1 lite Association, the Committee on Real Propury Law of the Association of the Bar of the City o%l 'ork and the Committee of Rcal Property Law of the ark County Laigets' Association. WARNING: NO REPRESENTATION IS MADE THAT TIiIS FORM OF CONTRACT FOR TI IE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. Ibis contruct form does not provide for what happens in lie event of tie, or other casualty lose or condemnation befowe the title cloning. Unless different provision is made in this eon"ct. Section 5-1311 of il+e General Obligations Law will apply. One part of drat law makes a Purchnscr +c.ponnible for fire and casually lose upon taking possession or the Picinl8cs before the title closing. Residential Contract of Sale Contract of Sale made as of MAY / S 1.997 BE'IVEEN HOMAN'REALTY INC. Address: 666 WARREN S'T'REET,, BALDWIN, NY 11510 Social Security Number/ Fed. I.D. No(s): hereinafter called "Seller" and - DONALD G. FEILER and PATRICIA FEILER, his wife 600 OLE JULE LANE, MATTITUCK, NY 11952 Address: Social Security Number/ Fed. I.D. No(s): hereinafter called "Purchaser". Vie pat ies hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improvements thereon (collectively the "Premises"). More fully described on a separate page marked "Schedule A", annexed hereto and made apart Hereof and also known as: Street Address: I"9AIN ROAD MATI'ITUCK, NY 11952 Tax ).•tap Designation: Section: 1,11 DISTRICT 1000 Block: elLot: �JO Together with Seller"s ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center lin 'c thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver. at no additional cost to Purchaser, at Closing (as Imi-eina(ler defined), or thereafter, on demand, any documents that Purchaser may reasonably require for the conveyance of such title and lite assignment and collection of such award or damages. 2. Personal Properly. This salt. also includes all fixtures and articles of personal property now altaehed or appurtenant to Ill(- Premises, unless specifically excluded below. Scher represents and warrants that at Closing they will be pail] for and owned by Seller, free tin(] clear of all -liens and encumbrances, except. fifty existing mortgage to which this sale may be subject. They include, but fire not limited to, plumbing, healing, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, switch plates and door hardware, venetian blinds, window treatments, shades, screens, awnings, storm windows, storm doors, window boxes, mail box, TV aerials, weather vane, flagpole, pumps, shrubbery, fencing, outdoor statuary, tool shed, dishwasher, washing machine, clothes dryer, garbage disposal unit, range, oven, refrigerator, freezer, air conditioning equipment and installations, wall to wall carpeting and built-ins not excluded below (Strike out inapplicable ilems'). TO THE EX`I'EN`F SM1C MAY EXIST AT THE PROPERTY, ALL IN "AS IS" CONDiTION Excluded from this sale arc furniture and household furnishings and 3. Purchase Price. The Purchase Price is $ payable as follows: (a) on the signing of (Itis contract, by Purchaser's checkpayableto the Escrowee (as hereinafter defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the "Downpayment"): (b} ley-Hll�wnnee-f©rhe-prinei}�nl�lrrreanEt+npaid-ee tJie-eieling mertgnge-en-the-elate-liereef; pn-yn�ent-ef-whish-el►a!!-aaettme-b-y jeinder--in-the-deed: $ (e)-by-a-lrtlfehaee rne�ey-Hata-and-►neFt.gage-fFent-�ttFe1}asef-te Seller; (d) balance at Closing in accordance with paragraph 7: 0 4,4 141orfgnger {Aeler�if Ptvplic�+bJc� if tltie�ale fe eabjeet-le n t}-e?tiel i n g-rn eftgn ge-ae-ind ienl�f-in-}�afagraplt3 (�}-abeaei —(t+ }-=1'I t e-Prer n is en -s hn 1t.-be-een veyeci-cul>jeeE-te-eentindir►g--Nett-el• IIIc ,sIs{in--nlertgoge -whiel3-is-};peaent If1myoWe, w4h intereetat i ie • rut�l+f——inereent-rasp nnntnn; in-nienthly-inetnllmetrEa--el'- $—ivhielr-inelucie-}�Fineil�Hlr-intereHt-nnEl-eaeFew�Hytnent+►t-ir< any;-mall-wtlh «ny t3HlFlnee of laFineil>nl Being due and-psyalile en- -{N}=tat-the-er lent�hat-any-per}diFes#-paymetile-are-made-OR the ea is Z i n g-mor{gn ge-between-tJl e-dale+-a}eree �nnd• Cleaingivhielt�edaee tbe-nnlrnicl-prineipnMrnrrunl thence€ lreleiv-}he-ameunt-ehown-in l;(+rn g rat pt. r3-{tr)-ehH 11-f3ein eFeaeerl-�y�lla-arneunEe F41te-pr�yrnente-ef p fi n ei lin I: -S el I eF-reprasenta-and-wn r-rat+►tat-Nlat--t#le-ameun�-ehewn-in Pit Fit gra1,It 3{N3ae-o"boinntially-eerreet-anti-agreea4ha"nly-peyrtrents fellIli reel-by-tbe existing-mortgoge-will-be-made-be ween-tJte-date hereof lend-Cloning: --f-e}-! f-there-in-rt-rmertgngee-eser�w-aeeadntrSeller�ltall-assign-il-te Aurehneer i�it enr�e assigned and-in-that-enBa Pa rellaeef•eltall-pay tl}e-minor+fit-itt the enorew aeeeunt to Seller-ttt ClesNlgT —(d)-Seller-nhnll- slicer-te Rkireltaser aF Gleeing��etiilieata dated n n t- t a n Fe—{ IInn-3U-days-befera-Clam ng-signed-lfy�he-ltelder-e€-N+e ercieting-morkgnge;-hr-forrn-fey-reeeFding; certifying-rize-ameunl�t unpn i(I -principal-the-plate-te-thiel}-in{erl�hnn-been-l3llid-and-ilte (tInon)Is;-i✓-nny—elnime I-4o---be-ufilxlid-far-larineitral-end ntereals itenliv.inc-the-same. Selle" Ila I1-l;ay-the-feen-feF-feeerding-seep eerlItWit 1 --lf-lhe-holder-af-lhe-enlisting-morsgage-ie aonk-eF-egier L• +++c-cvcil[—t71Yf—}j7C—tluas men ted -the +aortgage as sed Earth i�hi ara 16 . (f) T l 1 a-Ne-fuserna,-pi g �' g gf�te-apply-fef_ - Plumbing (includingwater �feFtli ak�c}ve. Purchaser f�tlreerresentgs aI�a��� and sept; ystems, if an air conditioning, Y), heating and none of the said mortgage applicants have been a party to any systems if anYl • electrical and bankruptcy proceeclin mechanical s stems, equipment and machir_ outstanding g g'g curd that there are no known in the building(s) s g jqd ri�enls a ainst an of them; (b) that he has g ( ) located on the proper sufficient assets to close, including standard closing costs, Arid all a upon obtaining a mortgage in the amount referred to in the appliances which are included tri Preceding paragraph; (c) that the current annual verifiable sale being in working order as of the da: Of Closing, and Roof shall be free of lei a tip hind income of those apolving for the mortgage herein is at closing or possession, whichever is 1� - . a i�uciimuiu of $_ ' - event that Purchase. _ ..+a.gago conunr—'tme—� contingent upon the payment and/or satisfaction of any of Purchaser's outstanding debt(s) or loan(s), Purclraser'agrees to make such payment(s). The parties agree and acknowledge that the Seller has relied on the representations made in this paragraph as a material inducement to the execution of this Contract, A full and accurate copy of the 11 this Contract. tment shall be delivered to Sellers' attorney immediately upon receipt of same by Purchaser. In the event that Seller extends the time period for Purchaser to obtain a mortga96 commitment, Seller shall have the option to extend the closing date for a like period of time. 1N WITNESS WHEREOF, this contract has been duly executed by lire parties hereto. . l v f! i G i. ... ...... ....... Seller.......................................... ................................ Donald G. Fei Purchaser .................................................... ................. FPatricia Seller Feiler ...................:. Purchaser Attorney for Seller: JOHN McDERMOT"I' 3520 ANCHOR PLACE Attorney for Purchaser: FREDERIC C: FOSTER OCEANSIDE, NY 11572 - 4 MONTAUK HIGHWAY TEL 516-536-2418 WESTHAMPTON, NY 11977 FAX 516-536-4805 TEL 516-288-5550 FAX 516-288-0286 Receipt of theD above. ................ JOHN Escrowee ndersigned agrees to act in accordance with lhe'provisions of paragraph 6 rTOUR LAWYER J3EFO 1GNING THIS INSTRUMENT—THIS INSTRUMFV" SHOULD BE USED BY LAWYERS ONLY. LIBER 9048 PAGE41 � fe 0 THIS INDENTURE, made the /J day of July , nineteen hundred and Eighty—Five - BETWEEN GEORGE H. GILDERSLEEVE, residing -at (No #) Camp Mineola Road, Mattituck, New York 11952, • R%CVcn party of the first part, and �E51 �+,('L, FcEP HOMAN REALTY, INC., a domestic corporation with offices at i9B5 666 Warren Street, Baldwin, New York 11510, AUG f1 TRANSFER TAX SUFFOL-K party of the second part, '�, � . COUNTY WITNESSETH, that the party of the first part, in consideration of Teti Dollars and other valuable consideration i 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 sSbXME at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the northwesterly side of Main Road, (NYS Route 25), distant 123.92 feet northeasterly as measured along the northwesterly side of Main Road from the corner formed by the intersection of the northwesterly side of Main Road with the northeasterly side of Pacific Street and running THENCE North 35° 36' 20" West 192.56 feet; THENCE North 55° 40'.20" East 77 feet; THENCE South 36° 10' 11" East 174.04 feet to a monument on the northwesterly side of Main Road and THENCE South 420 20'. 10" West along the northwest side of Main Road 80.47 feet to the point or place of BEGINNING. 6� BEING and intended to be the same premises conveyed to the party of the first part by deed dated 3/14/59, recorded 11/29/65 in Liber 5867 Page 132. TAX NIAP DESIGNAT10N Dtst.1000 TOGETIILR with all right, title and interest, if any, of the party of lite first Dart in and to any streets and 14100 roads abutting the above described premises to the center lines thereof; TOGL,mER with the appurtenances . Sec. and all the estate and rights of the party of the first part in and to said premises; TO IfAVE AND TO 1.101_1) the premises herein granted unto the party of the second part, the heirs or successors and assigns of ISIk 04.00 the party of the second part forever. �ot(59.40.000 AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive -.such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement apd .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 urpose.The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, tite party of the first part has duly executed this deed the day and year first above written. IN $a E CE \ GEORG H. GILDERSLEEVE LIBER dOgb PACE 44.0 STATE OF NEW YORK, COUNT" ^R :FOLK 55, On the 14 day of Jul, _. 19 85 , before me personally came George H. Gildersleeve to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he ' • executed the same. _-__'-'� I Notary Publ RICHARD P. LANGROCK NOTARY PUtBoLI 4 Stat p f New York Qualified in Suffolk County CC,,nm:5%ion Exo:res March 30, 1986 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed 11 name thereto by like order. 39argafn aub *ale Mecb WTI+I COVr:NANT AGAIIVs'I' GRANTOR'S ACTS TITLE No. Topaz 3212 GEORGE H. GILDERSLEEVE TO HOMAN REALTY, INC. STATE OF NEW YC COUNTY OF On the day of 19 , before me personally came to me known to be the individual, described in and who executed the foregoing instrument, and acknowledged that ,.executed the same. STATE OF NEW YORK, COUNTY OF SS' On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that . lie knows r to be the individual described in and who executed the foregoing instrument; that Ile, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION' BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: Stree�.Loc: District 1000 Section /YI Block Lot OFFICE STAFF RECORD FOR TOWN COORDINATION PURPOSES ---� Date: / �6 /1997 Current Zone District: ,PD ' ee { } Check if Nonconforming Use Describe Use: A44,_�� ,melo f �� aAe`.e Q a e 4,; aa a -4-p- Project Proposed: ( ) Addition to Existing building ( ) Change of Use from: 42_4�4Ldo.am Vaz,.4- .. To: `�'•��a^� ( ) To Build on Undersized Lot; Merger exists ua¢d ( ) Not Listed as a Permitted Use in this District. ( ) New Main Building or { ) Accessory Building Size of Parcel: 1_S 000Y s -f: Special Notes (Important nonconformities, etc.) : Plte 0.0 / 3s3 e/ G�Ps_ -r- REFERRAL: Applicant may proceed and submit written applications with the Departments checked below. This referral is based on the applicant's intention to file all applications in complete form for final processing within the next 30 days, and is only for town coordination purposes. { Waiver form or full site plan process. ' Planning Board Office (765-1938), contact Robert Kassner, and submit form with survey or site plan showing details. and changes to the outside land areas (parking, outside storage, fire access widths for vehicles, loading areas, etc.) . ?�{I ., Variance or other action from the Board of Appeals. Under unusual circumstances related to the layout of the land and existing buildings. (Undersized lot, insufficient setbacks, more than one principal use at the premises, etc.) Please pick up forms from Building Department at 7 - 802 to apply and received a Notice of Disapproval by Building Inspector U al aP ZBA forms: 765-1809. L�'fz-%e/17_12�c� { } Waiver for undersized lot size should be applicable if proo :Is submitted to show the current size was created at time lot was first created. { ►� } Special Exception forms as provided by Article Section 100- 71--6 of the Zoning Code, as to a new use or new occupancy described as: { } Town Trustees' issuance of no jurisdiction, or waiver, or full permit appears applicable due to the location of project near low contours/wetlands, or near Coastal Zone. { } Other Information: { VBuilding Department for: �;S Please submit completed]Building Department orm with 4. fee for action. all required information, plus $ 2 u.. Coo. ��l i, a0 4/ V") TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER STREET VILLAGE DIST. SUB. LOT L21001( Rt -_*((-(-,. j vv 9) ORMER OWNER N Kv E ACR. 'j - S G,fY'=�- L-lagUE-"Ir C(^C�IZ�Ilt W TYPE OF BUILDING :S. SEAS. VL. FARM COMM. CB. MISC. -Mkt. Value LA IMP. TOTAL DATE REMARKS Z ih ZI 7 2 lj;4'- /-70-01 zC.;00 32 C:) 0 1 ev.2 AGE BUILDING CONDITION JEW NORMAL BELOW ABOVE =ARM Acre Value Per Value Acre Hiable I illabl iflable 3 oodland vampland FRONTAGE ON WATER 'Ushiand r FRONTAGE ON ROAD ouse Plot DEPTH BULKHEAD otal DOCK •?:ry ' • (4' � .`IAS" y,,.•;�'. Dinette LR. ? DR. BR. FIN. B. �r''::fa�ktn•.r 1 AN .16. Floors 1 Heat L A. b .Q, Rooms 1st Floor Rooms 2nd Floor 'vi. Bldg. ' a C� Foundation :xtension Z X / _ 10 a, r ��. Basement Extension ;•i �. `�\ j1.. C,! xt. Walls =xtension Lf Fire Place V i J 11 / Y iype Roof )orc Recreation I 'orch Dormer Breezeway Driveway Saroge Patio Total 5. ILA ... _ Dinette LR. ? DR. BR. FIN. B. �r''::fa�ktn•.r Bath Floors Interior. Finish Heat L A. b .Q, Rooms 1st Floor Rooms 2nd Floor r. Dinette LR. ? DR. BR. FIN. B. �r''::fa�ktn•.r � W. TOWN OF SOUTHOLD OFFICE QF BUILDING INSPECTOR. TOWN ILALL SOUTI-lOLD, NEW YORK CER'T'IFICATE OF OCCUPANCYv _ NONCONFORMING PRIG: NTISES THIS IS TO CERTIFY that the / X/ Land /X/ Building(s) I / USe(s) Pre C.O. #(- Z13534 Date- June 18,1985 located 4 11725 Rt. 25 (Main Rd.) Mattituck Street Ilandet shown on County tax map as District 1000, Section 141 Block 04 , Lot 040 doe<not)conform to the present Building Zane Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient side yard set -back on dwelling. Insufficient side yard set -back on accessory garage. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming LX/ Land /X/ Building(s) /Use(s) existed on the effective date the present Building Zone Code of the Town. o.f'Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a wood framed; two story, one family, dwelling with an accessory wood framed garage. Property has a Post- & Rail fence down the North side of property with stackade fence accross the rear. Property situated in the A - Residential -Agricultural Zone with access to Main Rd.;a State Rd. The Certificate is issued to GEORGE H.. GILDERSLEEVE (owner, lers-ses--or-t7enant-) Of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERI�rRITERS CER`T'IFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HA�S\, NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Building inspector __. , f �PC9 1 2 � 6f � ar ...'•-.-..-.-•^•^.�.•„Tw...^+^v..•.r�f:.�.1r�Mm+nnwwnMe,tonsllem.n+:•nmm�ryrwwx,.vTt.+.�lrluww.o...s/+w-.MJN^R+r,-.m.eNlJ fTl]++ar...,rurv..-b,....s.rtl•mHw�+..w9....n)a'. •.^u :<•-'-�.: � - ; Kru (fg ej(. C -4, IF I> r'p i ( 516) 223-742.2 oman Xxcalty• Inc. 666 WARREN STREET BALDWIN, N.Y. 11510 AFFIDAVIT: TAX MAP #1000-141-4-40 APRIL 15,1997 OWNER: HOMAN REALTY, INC. 666 WARREN STREET BALDWIN, NEWS YORK 11510 CORPORATE OFFICERS/ADDRESSES- RICHARD J HOMAN PRESIDENT/TRESURER VICTORIA L. HORN VICE PRESIDENT/TRESURER CORPORATE DIRECTORS: RICHARD J HOMAN VICTORIA L. HOM.,N THE ABOVE OFFICERS AND/OR DIRECTORS ARE NOT EMPLO'Y'ED BY THE TOWN OF SOUTHOLD, AND ARE NOT ASSOCIATED WITH ANY FINANCIAL INTERESTS OF THE TOWN OF SOUTHOLD. RICHARD O7. 0 PRESIDENT ------------�A-/�--•--------------------------------------•------ COUNTY OF GC/i STATE OF NORTH -CAROLINA SWORN TO BEFORE, ME THIS 16-a DAY OF APRIL, 1997 .'� _ ` all °