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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
ti���OSUF FOt;,{-�oGs
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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 MARCH 19, 1997
Appl. No. 4462 - VIVIEN and PETER SOO; PARCEL 1000-90-3-9.
STREET & LOCALITY: 265 Cedar Point Drive, East, Southold, NY
DATE OF PUBLIC HEARING: February 6, 1997
FINDINGS OF FACT
RELIEF REQUESTED BY APPLICANT: AREA VARIANCE: To construct
a new one -family dwelling with setbacks and building area as shown
by the November 17, 1996 amended survey map, and highlighted
diagrams received with transmittal letter March 6, 1996, furnished by
J. Fitzgerald in support of this application. Closest setbacks to
the front property line are shown on an angle to be 16 ft. from the
portion of attached garage (also, ref: design of house plan), and
31+- ft. from the opposite end of the dwelling. The rear yard
setback meets the 35 ft. minimum rear yard requirement, The side
yards also meet the minimum code requirements of 10 ft. and 15 ft.
(more than 15 ft. is shown).
BASIS OF APPEAL: January
15, 1997
Building Inspector's Action of
Disapproval, which reads as
follows:
under Article XXIV,
Section
100-244, "proposed construction
will
have insufficient front
yard
setback."
CODE REQUIREMENT in front
yard is
35 ft. (Note: There
is no
average of established front
yard setbacks within 300 feet
on the
same block, same side of the
street to
use as an alternative
at this
time) .
PROPERTY DESCRIPTION: This property is located in an R-40
Residential Zone District, being situate on the northerly side of
Cedar Point Drive East with 142.42 ft. road frontage, and 94.32 ft.
frontage along ordinary highwater mark of Stillwater Lake. It
contains a total lot area of15,576 sq. ft. and is unimproved vacant
land (as more particularly shown on November 7, 1996 Amended
survey map submitted for consideration and made a part of the file
January 29, 1997).
s
Page 2 - March 19, 1997
Re: 1000-90-3-9 (Soo)
Southold Town Board of Appeals
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because
(2) the benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because of the substandard size of the property, its configuration,
and the limited building area between the house and the ordinary
high water mark.
(3) the requested area variance is substantial in relation to the
code requirements because of the size of the property.
(4) the proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the building envelope is restricted to a specified
area distant from the ordinary highwater mark, and precautions will
be taken such as retention of water from gutters, drainage basins,
buffers, etc. (ref: Town Trustees permit).
(5) the situation has not been self-created because there have been
multiple agency approvals which restrict the building envelope.
RESOLUTION/ACTION: On motion by Chairman Goehringer,
seconded by Member Tortora , it was
RESOLVED, to DENY the relief requested, and BE IT FURTHER
RESOLVED, to GRANT ALTERNATIVE RELIEF as noted below:
1. Closest front yard setback shall be a minimum 20 feet.
2. Compliance with all environmental agency permits and conditions.
3. Hay bales shall be placed to protect the area between the
construction activities and the land adjacent to the highwater mark.
VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio,
and Tortora. This resolution was unanimously adopted b 11 the
members present (4-0).
ERARD P. GOEHRIN MAIMAN
�T --
/Approved for Filing 3/ 9 C�.I'Vil"D _rs,14D FILED BY
Actions.zb/90-3.9 ` THE SOUTI i.LD TOV114 CLEPE
D TE 4- o 57 �jOJR /�D I 6
Town Clerk, Town of Southold
LEGAL NOTICE
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 Hall, 53095 Main Road, Southold, New York 11971,
on THURSDAY, MARCH 13, 1997 at the times noted below (or as soon
thereafter as possible):
6:45 p.m. Appl. #4459 - ANTONE AND LUCY STRAUSSNER. A
Waiver is requested for two undersized lots, which waiver is based on the
Nov. 15, 1996 Action of Disapproval by Building Inspector due to lot
merger after 1983. The lots show creation by deed and, conformity in size
when 'first created (ref: Building Inspector's notations). Location of
Lands: 335 Main St. and 1045 Wilmarth Avenue, Greenport. R-40 Zone.
1000-34-1-16 as one lot, and 1000-41-1-10 & 11 as the other lot.
6:50 p.m. Appl.'#4462 - VIVIEN and PETER SOO. A variance is
requested for a reduced front yard setback for proposed new dwelling,
based on the January 15, 1997 Action of Disapproval issued by the Building
Inspector. Location of Property: 265 Cedar Point Drive East, Southold.
Required front yard: to be determined based on those established within
300 feet, same block, same side of street, or bulk schedule minimum of 35
ft. front, 35 ft. rear, 10 ft. and 15 ft. sides, pertaining to this lot size
of 15,576+ square feet. County Parcel No. 1000-90-3-9. (Note: Setbacks
Page 2 - Legal Notice
Board of Appeals
Hearings to be Held 3/13197
from the water are determined by Town Trustees and NYS DEC, when no
bulkhead or wail exists.)
6:53 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS.
Request for a Variance under Article XXIV'Section 100-239.4, based upon
the -February 1997 Action of Disapproval issued by the Building Inspector,
for permissions to locate swimmingpool with fence enclosure with setback at
less than the required 100 ft. setback. from the top of the bank or bluff
along the Long Island Sound. Location of Property: 54775 C. R. 48,
Greenport, NY; County Parcel No. 1000-44-1-2.
7:00 p.m. Appl. No. 4453 EDWARD AND EVELYN HALPERT.
(Continued from 2/6/97). Request for Variance to alter and/or expand
nonconforming building which has contained a nonconforming guest or living
unit, separate'and accessory to the main dwelling. Location of Property:
2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31.
Zone: R-40 Residential. Property size: 1.45+- acres.
7:10 p.m-: Apps. No. 4429SE and 4430, by LILCO, as Contract
Vendee. These applications apply to premises referred to as 8550 (vacant
land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6,
further identified as Lot #2 consisting of 35,798 sf. as shown on the
Subdivision of Map of "Frank Murphy Garden Center" approved by the
Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is
requesting:
(a) Appl. No. 4429SE - Special Exception for Use of. Vacant Land as
shown on plot plan for a compressor station building with fence enclosure in
this "B" General Business District.
(b) Appl. No. 4430 - Variance under Article XXIII, Section
100-231-A for permission to construct fence enclosure, which exceeds
Page 3 - Legal Notice
Board of Appeals
Hearings to be Held 3/13/97
maximum fence height restriction of 6 feet when located in the front yard,
and which exceeds 6-1/2 feet in or along side and rear yards.
7:30 p.m. Appl. No. 4463 LAWRENCE SUTER d/b/a BLUEWATER
SEAFOOD. This is a Variance based upon the January 6, 1997 Action of
Disapproval issued by the Building Inspector, which states that a "permit
to construct metal frame with canvass roof (addition) to existing retail
fish market is disapproved on the following grounds: Under Article MV,
Section 100-244B, proposed addition to existing retail fish market with
accessory seasonal single service utensil seating, proposed construction is
on a nonconforming lot located in the B General Business District, has
insufficient side yard of ... less than the required 10 feet. Action
required by the Zoning Board; action also required by the Planning
Board...." Location of Property: 11400 Route 25, Mattituck, NY; County
Parcel No. 1000 -122 -3 -7 -
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.
Written comments may also be submitted prior to the conclusion of the
subject hearing. The above hearings will not start before the times
designated, and some may be carryover hearings. The files may be
reviewed during regular business hours for updates or new information.
If you have questions, please do not hesitate to call 765-1809.
Dated: February 19, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
ronnr tiii. a
TOWN OF OP 501"11101_1)
BUILDING DEPARTMENT
I0(vN CLERK'S OrrlCr
SOU'11101_0, N.Y.
NOTICL OF DISAPPROVAL
Dale....JANUARY I5, ............ 1997...
fa .PROPER-T-SERVTCFrS.(AGENT) VIVIAN SOO, CONTRACT VENDEE
P.O. BOX 617
CUTCHOGUE, N.Y. 11935
PLHASE "FAKE NOTICE thal your application dalecl .)2(16/96 REC, 12/231.. 1996
for permit toCONSTRUCT A ONE FAMILY DWELLING
....... ....................................at
Location o(Property265 CEDAR POINT DRIVE EAST SOUTHOLD, N.Y.
House Na... .. Slree( 9 Hand✓.r
Comity'Fix Asap No. 1000 Section ... 90:........ ["lock 3 ... Lot
Subdivision ................. kited Map No: ................ Lot No: ...........
is relurnedlrerewilh aqd disapproved on lie following grounds UNDER ARTICLE II SECTION 100-24 A(!)
PROPOSED CONSTRUCTION IS ON A LOT CREATED PRIOR TO 1957 (SUBDIVISION CEDAR BEACH '-
PARR 12/20/27) IT MEETS BULK SCHEDULE AA AND UNDER SECTION 100-25 LOT HAS
BF919 ,IN ,SINGLE & SEPARATE OWNERSHIP .SINCE .00T. Y0, 1967 AS PER TOWN
PROP)RTSiRECORO
CARDS.-. ......... ..............
UNDER, ARTICLE XXIV SECTION 100-244 (NON -CONFORMING LOTS) B. PROPOSED
.....................
CONSTRUCTION WILL HAVE INSUFFICIENT FRONT YARD SETBACK.
ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ACTION ALSb iQUIRED FROM
............................
N.Y. STATE DEC & BOARD OF TOWN TRUSTEES.
..........— .........I
...............................
APPROVAL TO CONSTRUCT WATER AND SANITARY SYSTEMS ALSO REQUIRED FROM
SUFFOLK COUNTY HEALTH DEPARTMENT.
SR. f3u.r. i. I Spector
THOMAS J. SHER
[IV 1 /a0
FORM NO, 1
TOWN OF SOUTHOLD
QBr BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
//. TEL: 765-1862
IWAIW Vt ucnbltl
3 SETS_ OF PLANS ............
S11RV .............
CBECk_. 1........
SEPTIC FORM ...............
NOTIFY
CALL.....................
MAIL TO:
Approved ................. 19 . , : Permit
Disapproved a/c /. /.�. /. /`. .......
.........................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ...Dee 16........, 19.96
INSTRUCTIONS
a. This application must be completely filled in by typewriter Orin ink and submitted to tire Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work coveted by this application may not be commenced before Issuance df Building Permit.
d. Upon approval of this application, the Building Inspector will Issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other appli able Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for K' mu
r m tion, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, buil g code, R de and reg r and to
admit authorized inspectors on premises ami in building for necessary i specti
TIROPEy _T SMRVICE9 (Sigitat to of applicant, ome, if corp a[ion)
James E. Fiazgnrnld, Jr. '
...... .... ............................ .
u z : ta;d) 7341u1100 (Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
..........Agent ..........................................................................
Name of owner of premises.......Vivie.n. .Soo, contract vendee . . . . ...... . . . .
.....
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No.
Plumber's License No.
Electrician's License No . ......................
Other Trade's License No . .....................
1. Location of land on which proposed work will be done . .............................................. . . .
265 Cedar Point Drive East, Southold
House Number Street Hamlet
County Tax Map No. 1000 Section ... 9Q.. , ......... Block .... 3...... , , . , , Lot .... 9 ..........
Subdivision .Qedar. )�QaOh .Park ................ Filed Map No. ... Lot .....6
(Name) g0 ........ 5 .......
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing Use and occupancy . , , ..Undeveloped
b. Intended use and occupancy ....Private .residenge, .. . , .................... . .. . ... . . . .
3. Nature of work (check which applicable): New Building ... X..... Addition .......... Alteration ,...
Repair .............. Removal ............ , . Demolition ............. Other Work ..............:. _
(Description)
4. Estimated Cost .......59.•.000 .......... .... Fee . .. . .................. . ............ .
l (to be paid on filing this application)
5. If dwelling, number of dwelling units . , ....One ..... Number of dwelling units on each floor ............... .
Ifgarage, number of cars ........................................... . ...... .
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .......... . ......... .
7. Dimensions of existing structures, if any: Front .......... . . ... Rear .............. Depth .............. .
Height ............... Number ofStories .....................................................
...
Dimensions of same structure with alterations or additions: Front ................ . Rear ... , ............ , .
Depth ...................... Height ...................... Number of Stories ...................
8. Dimensions of entire new construction: Front ....53., • , , , , , . Rear ....53.°....... , Depth ....33!....... .
Height .. 25 #. eqt.... Number of Stories ...... TxQ............................................. .
9. Size of lot: Front ... 4.2 ......... :.... Rear .....94 ............... Depth .1.16.1..—. 1.60!• var.. .
10, Date of Purchase ..ext; ,C,gxt bxcq Ct, , , ,, , , , , , , , , ; Name of Former Owner ..... Fned • Adler,. • eurrerit
11. Zone or use district in which premises are situated .. , Rr40...................................... . ..... .
12. Does proposed construction violate any zoning law, ordinance or regulation: ......Y'es................ . ......
13, Will lot be regraded ........ NQ ................. Will excess fill be removed from premises: Yes No
14. Name of Owner of premises . See. b.elow........ Address ............. . ..... Phone No.......... .
Name of Architect ........................... Address ... 6 ............... Plione No............... .
Name of Contractor .......................... Address ................... Phone No..... , ......:.. .
15.1s this property located within 100 feet of a tidal wetland? *YES.M No....
*If yes, Southold Town Trustees Permit may he required.
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot. .
Current owner: Fred Adler
PO Box 1481
Southold, NY 11971
Contract vendee: Vivien Soo
7 Old Field Road
Setauket, NY 11733
See attached survey for proposed plan.
Construction details, Health Departmentrallproval, DEC approval, and
Town Trustees approval will be submitted after variance is received
from ZBA.
l
STATE OF NEW YORK,
COUNTY OF . Suffo.lk..... SS
• • James .E...Fitzgerald,. Jr. ............... being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
lie is the .. , went
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
.... day of.. ?��''"6e' .........I 19 96
Notary Public, y4; , t yY( c� ..... County
�.. .......... . . . C�\:. .... .
JANE K MINERVA /` (Signature of applicant)
NOTAP.Y PUBLIC, State of New York 1
No 4853103, Suffolk County
Commission Expires February 18, 11- -
R�� ..,,
JA 1997 TOWN OF SOUTHOLD, NEW YORK
Reed 1�� f 97
oK 3a7
t -o r din
APPEAL FR°CryMRA&CftQ"CAUILDING INSPECTOR APPEAL NO.
DATE ... Jan..21.z... 1997
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
James E. Fitzgerald, Jr., for
1, (We) Xk3?3 eX1.. SO.Qa...Qantra.Ctx... vemd.etbf ................................................
Name of Appellant Street and Number.
1 tz q?hgjpe NY 11935 ..............HEREBY APPEAL TO
..... .... .
Municipality
itate
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....Jan 15,.... 1997...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Saffie„ as„APPEI,UW%..Abose...................
Name of Applicant for permit
of
.................................................................................................................................
Street and Number Municipality State
PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY .... 265...Cedar,. Point Drive East
..
Street /Hamlet / Use District on Zoning Map
District 1000 Section 9081ock 3 Lot 9 Fred Adler
.................................................................................Current Owner
Mop No. Lot No. Prior Owner Unknown
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XXIV Section 100-244 (Non-comforming lots) B.
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal XffaK(has not) been made with respect to this decision
of the. Building Inspector or with respect to this property.
Such Gppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No.
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
is requested for the reason that
Form ZBI
Dated.....................................
(Continue on other side)
1
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
See attached sheet.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
See attached sheet.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
See attached sheet.
STATE OF NEW YORK )
) ss ....
COUNTY OF )
Sworn to this ............... ................. day of....... /ate u2ry.................... ........ 19 J%
dhcz_...x • N7�—
otary Public
Aaa Hcauon of VDVIE_a' SOO; SCTM #1000-90-3-9
REASON FOR APPEAL (Continued)
1. STRICT APPLICA'T'ION OF THE ORDINANCE would produce practical difficulties or
unnecessary hardship because if the variance is not granted it will not be possible to build a le-
gal residence on the property. It should be noted that the placement of the residence as shown
on the attached survey is the result of extensive negotiations with the NYSDEC, and it is felt
that the proposed location, which is possible because of a 15' setback variance granted by the
DEC, the the best balance between the area of the structure which intrudes into the DEC set-
back area; and the distance the house projects into the ZBA variance area.
I The hardship created is UNIC?I E a -id is not shared by all pronerdies alike in the in mediate
tdWiy of this property and in this use district because the shape and topography are such that
the setback requirements of both the NYSDEC and the Southold ZBA cannot be met. Other
lots are larger or have residences bush when setback requirements were not as restrictive.
3. The Variance would observe the spirit of the Ordinance and MOULD NOT CHANGE
= CHMRACTER OF TrIE DISTRICT because the proposed residence is relatively &-nali
and although the requested variance is significant, the setback from the traveled area of the pn-
vate right-of-way, which is a one -lam road alrttost satisfies the regulatory requirements.
J4 OWN OF SOUTHOLD r1ROPERTX . RECORD CARD z,.� 1\77
OWNER
STREET 26
VILLAGE
DIST.1
SUB. LOT
rzc l d.
ah, R - (
FORMER OWNER
N
E
ACR.3
L
S
W
TYPE OF BUILDING
RES.
SEAS.
VL 3
FARM
COMM. CB. MICS. Mkt. Value
LAND
IMP.
TOTAL
DATE
REMARKS
c*�k1e�fIb
AGE
BUILDING CONDITION
NEW
NORMAL
BELOW ABOVE
FARM
Acre
Value Per
Acre
Value
Tillable
FRONTAGE ON WATER
Woodland
FRONTAGE ON ROAD
Meadowland
DEPTH
House Plot
BULKHEAD
Total,
DOCK
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51 kTEM>^NT OF NPENT
__.-------- �
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS, FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE I„
SUFFOLK CO. DEPT. OF HEALTH SERVICES. t "
(S)
APPLICANT
f
SUFFOLK COUNTY DEPT. OF HEALTH i{'
SERVICES — FOR APPROVAL Oft
CONSTRUCTION ONLY
DATE
H. S. REF. NO.:
APPROVED _
SUFFOLK CO TAX MAP DESIO'NATfOTI.
DIST, SECT. BLOCK PCS
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-4
SEAL
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
,f �iLLGi
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
TRANSCRIPTION OF MARCH 13, 1997 HEARING
SOUTHOLD TOWN ZONING BOARD OF APPEALS
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
7:02 p.m. Appl. #4462 - VIVIEN AND PETER SOO. A variance is
requested for a reduced front yard setback for proposed new dwelling,
based on the January 15, 1997 Action 'of Disapproval issued by the
Building Inspector. Location of property: 265 Cedar Point Drive East,
Southold. Required front yard: to be determined based on those
established within 300 feet, same block, same side of street, or bulk
schedule minimum of 35 ft. front, 35 ft. rear, 10 ft. and 15 ft. sides,
pertaining to this lot size of 15,576+- square feet. County Parcel No.
1000-90-3-9. (Note: Setbacks from the water are determined by Town
Trustees and NYS DEC when no bulkhead or wall exists . )
CHAIRMAN: I have a copy of a survey produced by R. VanTuyl, dated
June 15, 1984 - amended September 5, 1986 and the most recent
amendment is November 7, 1996 - indicating a proposed house with
attached deck and attached garage requesting at 16 ft. from Cedar Point
Drive and that is the property line, that is not the road. I have a copy
of the Suffolk County Tax Map indicating this and other surrounding
properties in the area. And I have a letter from the Cedar Beach Park
Association. I believe, Mr. Fitzgerald, you are representing these nice
people.
MR. JAMES FITZGERALD (PROPER -T SERVICES) : Yes.
CHAIRMAN: How are you tonight, sir?
MR. FITZGERALD: I'm fine thank you. How are you?
CHAIRMAN: Good. What would you like to do?
MR. FITZGERALD: All of the information has been submitted. To briefly
review, we have the approval of the Town Trustees because, of the
nearness to the line of the wetlands is concerned. We have a variance
from the D.E.C. which I think is a significant factor in the variance
that we requested from the D.E.C. was done in such a way that it was
hoped that the Zoning Board and the D.E.C. would each, in its own
way, provide some sort of relief which would permit building the house
on this property. The house is small and it is situated in the best
l
BOARD OF APPEALS
TOWN OF SOUTHOLD
TRANSCRIPTION OF MARCH 13, 1997 HEARING
SOUTHOLD TOWN ZONING BOARD OF APPEALS
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
7:02 p.m. Appl. #4462 - VIVIEN AND PETER SOO. A variance is
requested for a reduced front yard setback for proposed new dwelling,
based on the January 15, 1997 Action 'of Disapproval issued by the
Building Inspector. Location of property: 265 Cedar Point Drive East,
Southold. Required front yard: to be determined based on those
established within 300 feet, same block, same side of street, or bulk
schedule minimum of 35 ft. front, 35 ft. rear, 10 ft. and 15 ft. sides,
pertaining to this lot size of 15,576+- square feet. County Parcel No.
1000-90-3-9. (Note: Setbacks from the water are determined by Town
Trustees and NYS DEC when no bulkhead or wall exists . )
CHAIRMAN: I have a copy of a survey produced by R. VanTuyl, dated
June 15, 1984 - amended September 5, 1986 and the most recent
amendment is November 7, 1996 - indicating a proposed house with
attached deck and attached garage requesting at 16 ft. from Cedar Point
Drive and that is the property line, that is not the road. I have a copy
of the Suffolk County Tax Map indicating this and other surrounding
properties in the area. And I have a letter from the Cedar Beach Park
Association. I believe, Mr. Fitzgerald, you are representing these nice
people.
MR. JAMES FITZGERALD (PROPER -T SERVICES) : Yes.
CHAIRMAN: How are you tonight, sir?
MR. FITZGERALD: I'm fine thank you. How are you?
CHAIRMAN: Good. What would you like to do?
MR. FITZGERALD: All of the information has been submitted. To briefly
review, we have the approval of the Town Trustees because, of the
nearness to the line of the wetlands is concerned. We have a variance
from the D.E.C. which I think is a significant factor in the variance
that we requested from the D.E.C. was done in such a way that it was
hoped that the Zoning Board and the D.E.C. would each, in its own
way, provide some sort of relief which would permit building the house
on this property. The house is small and it is situated in the best
Page 2 - Transcript Hearings
Regular Meeting of March 13, 1997
Southold Town Zoning Board of Appeals
possible location to fit the minimal size - not fit within but fit
around the minimal size building on the land. The variance approved by
the Health Department with certain conditions all of which have been or
will be met very shortly. The details are in the file and I would be
happy to answer your questions.
CHAIRMAN: Are you alluding to the fact that the placement of this
house has basically been done by all of these agencies except for the
Zoning Board of Appeals?
MR. FITZGERALD: That is correct.
CHAIRMAN: Is there any other location for the house?
MR. FITZGERALD: No, this is the best possible location from all
standpoints.
CHAIRMAN: If the Zoning Board did not agree with this location and
granted alternate relief, what would you have to do?
MR. FITZGERALD: Find some place else to live.
CHAIRMAN: The reason why I asked you that question is - we have not
discussed this within the Board. 16 ft. is close to the road. Close to
the front property. I mean there's no doubt about it. O.K. ? And that's
the only concern that I have. It doesn't mean that I'm against it or
anything of that nature. It's an extremely pristine piece of property -
there's no question about it. In fact, when I was there early one
morning there were three or four deer on the property. It's absolutely
gorgeous.
MR. FITZGERALD: Another point that should be noted is that on the
eastern part of the property line there is a monument marking the
property line along the road and is at least 20 ft. from the traveled
road surface.
CHAIRMAN: Right. I looked at the width of the road prior to going
down there and I noticed it is a 50 ft. road.
MR. FITZGERALD: On paper, yes.
CHAIRMAN: On paper, right. I've traveled that road for years and I'd
say the road is probably between 28 and 30 ft. wide.
MR. FITZGERALD: 12 ft. wide.
CHAIRMAN: 12 ft. wide?
MR. FITZGERALD: It's going from grass on one side to grass on the
other side.
CHAIRMAN: Maybe I was thinking of the road going into Cedar Beach.
They certainly didn't measure this road but I thought it was wider than
that.
Page 3 - Transcript — Hearings
Regular Meeting of March 13, 1997
Southold Town Zoning Board of Appeals
Thank you. We'll start with Mr. Doyen.
MEMBER DOYEN: No questions.
CHAIRMAN: Mr. Dinizio?
MEMBER DINIZIO: No questions but it appears to me that you are right,
the property would be - that house would really appear to be about 30
ft. off the road as it stands now. If you go by the way that you
propose.' Is that correct? I mean, there's a development down there -
there's a road - probably never going to be improved beyond what it is
right now.
MR. FITZGERALD: I would think that was so, yes.
MEMBER DINIZIO: Thank you.
CHAIRMAN: Just one other question - did you do any analysis on the
property owners on that side of the street in reference to set -back?
MR. FITZGERALD: On either side?
CHAIRMAN: Well, I know we know that across the street they're set
back much farther because they're on the water. Hundreds of feet in
some cases.
MR. FITZGERALD: Yes. It appears that the property to the east is a 35
ft. set -back requirement. On the other side, the property is inaccessible
from the standpoint that it is fenced in that corner and I was not
comfortable going in there to measure it. However, it appears that it is
at least 25 ft. from - and I'm talking about now - from the monument
and not from the traveled road surface.
CHAIRMAN: O.K. Mrs . Tortora?
MEMBER TORTORA: No. It appears that both the D.E.C. and the
Trustees wanted you to be as far back from the wetlands line as you are
now and that kind of puts you to the road.
MR. FITZGERALD: Yes, the D.E.C. is the main concern there. As a
matter of fact, we achieved sort of a landmark in getting them to grant
that much variance.
MEMBER TORTORA: One thing you said in your application is that the
garage as proposed is 22 x 20- You said you could reduce that to 20 x
20 - I don't know what that would actually mean in terms of picking up
anything on the set -back.
MR. FITZGERALD: We would not want that to be a deal breaker. I'm
sure that...
MEMBER TORTORA: No. What do you mean in terms of - it doesn't
appear to be much.
Page 4 - Transcript Hearings
Regular Meeting of March 13, 1997
Southold Town Zoning Board of Appeals
MR. FITZGERALD: No, I wouldn't think so. The reason is that because
of the angle - the angle between the front property line and the front of
the garage is such that if the side dimensions of the garage were
reduced by 2 ft., the set -back would probably be increased by
something slightly more than a foot.
MEMBER TORTORA: Thank you.
CHAIRMAN: Mr. Villa?
MEMBER VILLA: I'm just following up on that - you had submitted some
house plans and you had the west side of the garage circled in pink ink
there and it sticks out like 2 ft. Can you just square that off in the
front instead of having it jut out - you'd pick up 2 ft.
MR. FITZGERALD: It probably could be done but it's just not a matter
of doing that because the second floor extends out so eliminating that
corner, you would eliminate what is holding up the corner of the second
floor. So, it means that there would have to be changes in the design
work on the house.
MEMBER VILLA: Are you saying that there are rooms over the garage?
It's hard to tell from the front elevation.
MR. FITZGERALD: There's attic space over the garage and the roof
extends out to that level. The second floor room in that area is towards
the back of the house but the area under the front slope of the roof is
attic space - storage space.
MEMBER VILLA: On your survey, it shows several wells. Which is the
well that's going to supply the house? The one that's by the private
right-of-way across the street?
MR. FITZGERALD: Yes.
MEMBER VILLA: This one over here?
MR. FITZGERALD: That is correct.
MEMBER VILLA: You definitely have permission from the Association?
MR. FITZGERALD: We have a new letter. It is not physically in the
traveled road surface.
MEMBER VILLA: I. realize that. It's in the right-of-way.
MR. FITZGERALD:
Yes. We have
a new letter which the Health
Department
required, which I've
provided today, in which the
Association
says it's
O.K. as long as the owners don't put a swimming
pool in and
they fix
the road if it is
damaged during construction and if
they be nice to their
neighbors.
CHAIRMAN: They look like very nice people to me.
Page 5 - Transcripi Hearings
Regular Meeting of March 13, 1997
Southold Town Zoning Board of Appeals
MEMBER VILLA: There's nothing binding that the Association gives you.
MR. FITZGERALD: There's no easement or right-of-way or any legal
document other than the agreement which is set forth in the letter.
MEMBER. VILLA: And the Health Department is going along with this?
MR.. FITZGERALD: Yes. There existed one in 1967 and the Health
Department said that's fine but we'd like to have a new one which we
have now.
CHAIRMAN: These are private roads - isn't that correct?
MR. FITZGERALD: Yes. Owned by the Association.
CHAIRMAN: Right. O.K., Mr. Fitzgerald, thank you. We'll see what.
develops throughout the hearing. Is there anybody else who would like
to speak in favor of this application?
(No one wished to speak.)
CHAIRMAN: Is there anybody who would like to speak against this
application? Sir - state your name for the record, please.
MR. ALEXANDER WILLIAMS: Chairman, my name is Alexander Williams. I
live at 425 Cedar Point Drive East. I'm here with my wife, Monica and
we're here to speak in opposition to this request. This is a marginal
piece of property on which to build any house. It was referred today
about a blizzard of variances from the D.E.C. and the Health Department
and others. All of these variances taken collectively - but specifically
the one here - that question here is in place for a reason. This is a
narrow road that has already been established; a garage 16 ft. from the
edge of that road and the road is going to be encroached on by, as I
understand it, the placement of a well across the street - that this is
a heavily traveled road - especially during the summer months and
especially during the weekends and a very dangerous condition, in our
opinion, exists from cars coming from both around that corner as well as
coming from the east. This creates still another blind driveway if we '
read the plans correctly. We would ask that this variance not be
granted, Mr. Chairman.
CHAIRMAN: Thank you. Is there anybody else who would like to speak
against this application?
(No one wished to speak.)
CHAIRMAN: Any other comments from anyone?
(No comments . )
CHAIRMAN: O.K., hearing no further comments, I'll make a motion
closing the hearing reserving decision until later.
MEMBER DINIZIO: Second.
CHAIRMAN: All in favor? (All ayes.)
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE (' !+ , ��� a 9 I91997.,L STEPHEN M
April 4, 1997
r_w101W
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() Municipal File Number(s)
Soo, Peter & Vivian (vendee)
GGN:cc
C:\WPWIN60\\AIPDOCS\ZONING\WORKING\LDS\MAR\SD4448.MAR
4462
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 0 FAX (516) 8534044
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dini2io, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Pursuant to ?article = of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, NLew York, hereby refers the following
to the Suffolk County Planning CaTmi.ssacn:
XX Variance from the Zoning Code, Article XXIV Section 100-244
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4462 Applicant: Peter & Vivian Soo/CV-Adler/Owner
Location of Affected Land: 265 Cedar Point Dr., East, Southold. NY
County Tax Map Item No.: 1000-90-3-9
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary'of Existing or Proposed County, State or Federally Owned Land
Boundary of' Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned 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
omments: Applicant is requesting permission.to construct a new dwg-1-1j=,
with a reducPd frnnt yard gin -hack
Copies of Town file and related documents enclosed -for your review.
Dated: April 1, 1997
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Gerard P. Goehrigei;iCtisirman; ;i f:' i'' ;;.; �.�® 53095 Main Road
Serge >oyen' :,.<;; ' ;. P.O. Box 1179
• , ,' +r + Southold, New York 11971
James Din�zio, , ,..: ;.'. f �. .w
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March 21
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Mr. jailiej,geralcl�����.�, ,{��:-.', �••:�_, ,�,' - ,
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Re : it 'S7axi^anc J�'Cutcho
A lzca`t on ;for Vivien 500
Dear M'
6:;
�•;'j. ^ y..,;Y�`Ti; ��s`r:--� �'r"'7s;:i'2% - s.,
Please r`'find'':' enclosed', .� a'; ,copy of the b'oard's decision, adopted at.
our March..:1'9,�:;,;1J97';m'eet'A copy has today also been Furnished'„
to the};F-S`uilding ;,Inspector's',;- Office as ,.:an .update to their initial
Action 'of. Disapproval .;:;and': -'for, 'use' in the open building permit'
application.; .;t 1e : Please, ,contact the Building -Department directly` -
regarding ''s'ubmission', :of - a „,;new map to conform to the new building
consir' uction plans.
' envelope'�azzd; o.dditional,; �,., P '
Alq q Y to , transmit a duplicate of your file td
- ;;r�, ,�i�ee �are=�refqu}.red•,':<;, .,
the 3 014 ' 'Count' „ +D, 'a Ament of Planning, .which .agency has
£ ';til' der:; tC'J'u t Administrative .Code .for, projects
jurisdiotl,an'ii�lk:, a .:-t'hg? ti,F .,� :�.y
} i +' �. �', II ty `or State. Road ' and most
locatedfw,within''�5;Of�:':rjfet.;',,;off'':`a Coun
.t", a,: u „ ,,_t to' the
waterways; a', smitted . the file,documentation ,
ounty will pass its
Countyf:gor"'=;nweyv,'=an st; ;'is ` ,expected that the C
. further-'"
deteriz►inat on.:back+{,?'£oz�-';a ='local . (ZBA) level 'without requiring f
e .4�t'eo, :,.ii:d•r' '�'U'ia.. .',� Fl•{ ., .
steps .
"Jery truly yours,
f ;; '. ;''I Linda Kowalski :.. ;
Copiescisioz.y,to"'
Bu'ldingepartirient':=:.
County='bipart ent';11rPlon'ning:.
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GENERAL DELIVERY
SOUTHOL'D, L. I., NEW'YORK
March
Proper -T Permit Services
P.O. Box 617
C.utchogue, NY
11935-6f17
4, 1997
� `vl M7
MAR 1 31997 I
V/10
Mrs. Fitzgerald;
This letter is in response to _your. 'recen:t ingiiiry.r regarding tt;;
the property that is now owned by Mr'`'ai9d.` Mrs,: Adler 'fie
property is Lot #9 of Suffolk County section "• 90; block-." '
3, in the Town of Southold, NY: This' is, on !'a: private road,
owned in common by the property owners i?f Cedar .Beach. • Park at
Southold.
>'
As a representative of the people of the='- Cedar ,Beach `Park
Association, I have considered your request"ilot:Petmission of
a well on the afore mentioned property,-.;,'Along'with committee
members and advisors; I have determined-that'',.the';i,:following, issues.
are points of concern and must be addre5sed,`:`,'th''lias been .
discovered that' salt water intrusion, -'_can', be'°a` .problem''for` the
Cedar
Beach Community; and is aggravated`':by`;.exaessive drawing'
of fresh water. For this reason, ' we� �aski;..that`'tlie;'-taell be used
only for basic domestic use and nothing more ' (i. e:.' a.; pool) . ::•'`,;.'`'''.:';:
Another concern is consideration for "•the; neighbors • siirroiinding .
the property in question.,- I ask that every•-effort be made
to communicate with the neighbors, and . that''',their. concerns be;
respected. This may include keeping the, well`:::far. from the :'•'' ' ;.''`'
property lines. The final concern has to ,do=with ;,damage to
the privately owned roads of Cedar Beach:` `:the owner
responsible for any ' excessive damages :tot the '?k6a- d
directly from construction or repairs done:;to,,;the� property :we
have discussed. .,.- ,;.
Cedar Beach Park Association authorizes the'''well r -' u'hder` the
condition that each of these concerns ,have. -been; •met; .; in: writing; -
and submitted to the Association (C..B.PaA:)
Sinderelyi
NancyM
y
Cedar"'.t6dbh':: Park Association` ;
;i.
e
Proper -T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
c,c-r-.Ij --
Ms. Linda Kowalski
Southold Town Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
March 6, 1997
Re: Application No. 4462; Vivien Soo, Contract Vendee; SCTM #1000-90-3-9
This is in response to your letter and appended postscript and note of 2/19/97.
(516)734-5800
As we discussed at your office on 2/4/97, the "standards of law" were addressed in a document
entitled "Area Variance Statements" which was submitted as part of the original application on
1/22/97.
Enclosed herewith are attachments, numbered 1 through 6, which are enlarged copies of the
southeast corner of the property, provided to assist in clarifying the crowded details on the
original of the survey map:
• Attachment 1 is the architect's rendering of the front facade of the proposed house. The
portion of the garage which is shown on the survey as being 16' from the front property
line is circled on the sketch. It is an architectural feature, being part of the structure
which supports the second floor and roof and which also completes a symmetrical
surround for the garage door, which is recessed two feet.
• Attachment 2 is the main floor plan showing the garage area. The point in question is
circled on the drawing.
• Attachment 3 shows the 8' and 9' elevation contour lines, which were included to assist
other agencies in evaluating the design and location of the sewage disposal system.
• Attachment 4 shows the location of the test hole.
+ Attachment 5 shows the location of the sewage disposal system with the basic 5
cesspools and the location of the required future expansion cesspools.
a subsidiary of
THE PECONIC EASTERN CORPORATION
Ms. Kowalski -2- March 6, 1997
• Attachment 6 shows the setbacks of the sewage disposal system from the front and side
property lines.
If there are any further questions from the Board, please let me know.
1;
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Proper- Permit services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
March 6, 1997
Ms. Linda Kowalski
Southold Town Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application No. 4462; Vivien Soo, Contract Vendee; SCTM #1000-90-3-9
De owl%
(516)734-5800
RECUE D IE
71997 1
As you suggested yesterday, Fm providing five more sets of the explanatory letter and the ac-
companying color -h hli kited drawings, one set for each member of the Board.
If you have any questions or need anything else, please call me.
Sincerely,
C.
J E. Fitzgerald, Jr.
a subsidiary of
THE PECONIC EASTERN CORPORATION
January 21, 1997
AREA VARIANCE STATElVIENTS; APPLICATION OF VIVIEN SOO
(House and Deck; Front Yard Setback)
BASIC CONCEPTS:
1. The benefit to the applicant is that they will be able to construct a house and deck of a design, size,
and in a location which will be adequate for their needs.
2. There would be no detriment to the health, safety or general welfare of the neighborhood or to the
community if the variances were to be granted, since the variance requested is dimensional only
and would have no impact in any of the areas of concern listed.
SPECIFIC FACTORS:
1. There will not be an undesirable change in the character of the neighborhood nor will it be a
detriment to nearby properties if this variance is granted. The house itself is modest in size,
creating a footprint of only about 1460 sq. ft., including the garage but not including the deck. The
first floor living area is only 810 sq. ft. The house with the proposed setback will fit nicely into the
area. The reduced front yard setback will be offset to some degree by the fact that both properties
across the right-of-way have their houses set back large distances from the roadway.
2. The benefit sought by the applicants is entirely dependent upon locating the house as proposed,
and is not considered unreasonable given the size and configuration of the property. It would not
be possible to locate a residence of any reasonable size elsewhere on the property and maintain a
balance between the requirements of the Town and the NYSDEC.
3. The requested front yard variance is substantial. The configuration of the property is such that the
building envelope permitted by State and Town regulations is very small (only about 720 sq. ft.).
The location selected is 'centered" on the building envelope determined from the several setback
requirements and about the same area of the footprint protrudes into each of the two (ZBA and
DEC) setback areas.
4. The requested variances will not have an adverse effect or iunpact on the physical or environmental
conditions in the neighborhood. Presumably, from a strictly environmental standpoint, the further
location from the wetlands would seem to be advantageous.
5. The alleged difficulty is not self-created. The property is ideally suited to the needs of the
applicants, but the size and configuration require the requested variance to permit construction of
the modest house. The inclusion of the deck is critically important to the use and enjoyment of the
house. A deck on the seaward side of a waterfront home, whether the water be creek, bay or
sound, is an essential part of such a home by custom and practice throughout the eastern end of
Long Island. The deck must be considered an integral part of a waterfront home as much as a
living room or dining room.
6. It is suggested that this variance could be granted by the ZBA as a minimum which will fulfill the
needs of the applicants, and which at the same time would not adversely effect the ZBA's
requirement to preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
A
Proper -T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
February 10, 1997
f
Chairman
Southold Town Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application No. 4462; Vivien Soo, Contract Vendee; SCTM #1000-90-3-9
Dear Sir:
(516)734-5800
M 0 9 TOP
FEB I ' 11997
a
This letter provides additional information for your consideration in reviewing the referenced
application.
• Copies of NYDEC and Southold Trustee permits are enclosed.
• The Health Department Board of Review has granted a variance for the well -to -sewage
system setback; certain conditions must be met before the permit is issued. A copy of thew
findings of the Board of Review is enclosed. In addition, a copy of the engineer's report
requested by the Board of Review is enclosed.. The only unfulfilled condition is providing a
new letter from the Cedar Beach property owners' association allowing the continued
location of the well in -the right-of-way, which is owned by the association. We have been
promised that the letter would be forthcoming by February 14th.
• The location of the structure has been marked with orange stakes; only three stakes have
been placed since the southeast corner of the house will be located in the middle of a large
clump of bramble. Photographs have not been submitted since there are no angles from
which meaningful views could be recorded because of the heavy underbrush.
• It should be noted that the traveled portion of the right-of-way is only 12' wide. The
surveyor's monument at the southeast corner of the property, is ' set back more than 24' from
the edge of the traveled area.
• Mrs. Soo has indicated that she would be anxious to work with the Board in finding a
suitable modification for the garage design which would reduce the protrusion of its
southwest corner toward the south property line if such a change would make the project
acceptable to the Board.
• I would be happy to meet the Board at the site during its inspection tour if the Board thinks
it might be of value.
a subsidiary of
THE PECONIC EASTERN CORPORATION
Zoning Board of Appeals -2- February 10, 1997
• The contract in effect for the sale of the property establishes a final deadline for the
acquisition of all necessary permits by March 31, 1997; an extension beyond this date will
not be agreed to by the seller. This date is the last of many extensions Mrs. Soo has
received from the seller, which extensions have been required because of lengthy
negotiations with both the Health Department and the NYSDEC. We earnestly request that
the Board take this into account, as well as the fact that a considerable amount of money
has been spent to bring us to this point in attempting to confirm the "buildability" of this
property -
If there is anything else we can do to assist in the Board's review process, please let me know.
Enclosures:
Trustees Permit
NYSDEC Permit
Board of Review Findings
Engineer's Report
ENGINEERING REPORT
Well Point Location
Cedar Point Drive
SCTM # 1000- 090-3-9
PREPARED FOR:
Peter & Vivien Soo
,
Joseph Fischetti, PX
Hobart Road / PO Box 616
R�GE1V�'� Southold, NY 11971
qj (516) 765-2954
GERNO
Cedar Point Drive Page. 1 of >3 - January 27, 1997
i
Joseph Fischetti / Professional Engineer
EVALUATION:
In reviewing the survey prepared by Rod Van Tuy) dated, June 15 1984 and
amended November 7, 1996 as to the well point location, the following is
determined:
1. The well point as shown on the survey is located at a point between
"Stillwater Lake" to the North and "Midway Infet to the South. and as such
subsurface flows should be toward those bodies of water and away from the
well point.
2. All cesspools as shown on the survey are over 100 feet distance from the
well.
3. The elevation at the point of the well is the relative high point in the
immediate area and all surface flows should be away from the well point.
It can be assumed from the above that the well point location as shown on the
survey has been located according to good engineering practice.
Cedar Point Drive Page 2 of .3 - January 27, 1997
Joseph Fischetti / Professional Engineer
CERTIFICATION:
This report of findings is attested to and submitted this
January 27, 1997
Joseph Fischetti, Jr. P.E.
Cedar Point Drive Page 3 of 3 January 27, 1997
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Albert J: Krupski, President
John Holzapfel, Vice President
'Jim King
Martin H. Garrell
Peter Wenzel
January 22, 1997
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, , New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
James Fitzgerald
Proper -T Permit Services
P.O. BOX 617
Cutchogue, NY 11935 ,
RE: Vivien Soo
SCTM #90-3-9
i
Dear Mr. Fitzgerald:
The following action was taken by the Southold'Town Board of
Trustees on Tuesday, January 21, 1997:
o -
RESOLVED that the Southold Town Board of,Trustees grants an
amendment to Permit #4558 to split the application.
The house construction is approved and the dock construct will
be approved once the fees have been�-paid as:.per letter of
February 28, 1996.
If you have any further questions, please do'not hesitate to
contact this office.
Sincerely,
President, Board of Trustees
AJK:jmd
Board Of Southold.,1 Town 'Trustees
SOUTHOLD, NEW YORK;
PERMIT NO. .......5 DATE:..2./..2.8/.96............
ISSUED TO VIWEN SOO
Pursuant • to the provisions of Chapter, 615' of :the'' Laws of
the State of New York, 1893; and Chapter 404 -of' the' Laws of the '-,,
State of -New York 1952; and • the" Southold"'TOW' 6"Ordihance 'en= ' "
titled "REGULATING AND THE PLACING'OF::OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC ` LANDS'' and the
REMOVAL OF SAND, GRAVEL' OR` --OTHER MATERIALS• FROM .
LANDS UNDER 'TOWN WATERS; "''and- ins"accordance`='with the.
Resolution of The Board adopted at a meeting meld on .:..2%.28./.9.6.....
19......96,' and in consideration of the sum of..65.4..OQ.:"...:: paid 6y
•
Vivie
of ,......Southold .................. .... .:....................... ...........:' N: Y: ''and su6ject to the..
Terms and Conditions listed on Jhe; ' reverse' ;side ', •hereof;. •
of Southold Town Trustees authorizes' -and 'perWRs. the'.followingi
Wetland Permit to constr. 1-fam.* dwell':`; sewage" disposalsyst: W
3' X 6' dock; 3' X 16' ramp_, 61, X 20!,, float; with` 2=piles, 301 irori-
fertl/non-turf buffer, & cut p ragrn tes'' dow `t'o '1' ``in,'height
��: rh�n4 I/�u97
all in acc'drdaKce with the detail e . specifications pis resented in
the originating application.
IN WITNESS WHEREOF; The said • Board: -of- Trustees here=,,':'.
6y causes its Corporate Seal to 66 `affixed `and thesep' rese-nts jo'
6e su6scri6ed.6y a majority of•the:said'Board':'as`6t`;thit
,.i; :1. -+as•• roc ;::-j ! y,:.5: : (i `o-.�•`ai`
��FO �... 7
O `.. .1. ........
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it.�=>a•',2.
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The Permittee VIVIEN SOO
residing at 7 Old Field Road, Setauket NY 11733.N. y,, as
part of the consideration for the issuance of the Permit does understand and prescribe to the fol-
lowing:
1. That the said Board of Trustees and the Town of Southold are released from any and
all damages, or claims for damages, of suits arising directly or indirectly4 as a result of any opei=
ation performed pursuant to this permit, and the said =,Petmittee'will,+:'at his or her own expense; `.
defend any and all such suits initiated by third parties, and. the said Permittee: assumes full liability;
with respect thereto, .to the complete exclusion of the Board of Trustees, of, the, Town of Southold:
:.,�,, .,.;,,:?..... ',•:,s{ .,.ria:, ?;,
2. That this Permit is valid for a period of <:. 24 cots, which .is considered to be the '•i' ; r ,r
estimated time required to complete the work involved;. but - should ciicttmstances .warrant; request':;''_`;
for an extension may be made to the Board at a later date. '!
.1 :+r�'v C i; f` Vii; °,.r•d�1; r, C, �°d,^:;
3. That this Permit should be retained indefinitely, or at!long .as the said' Permittee wishd'<,.. , :+,
=' s ,
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-' ''•
orization was originally obtained,
4. That .the work involved will be subject to theins pection•, and approval , of the Board of
its agents, and non-compliance with the provisions of the originating application, may be cause for:�e-"'"'!;
revocation of this Permit by resolution of the said Board:
5. That there will be no unreasonable interference, with navigation as a - result, of the
herein authorized.
i,i _ j,F; rt`, 7`• , ^{1.4 { "t",}p .i;'�' j",;�'...w. ;`j::r'. °; N'.'�ae .:ii.:,S`,':
G. That there shall be no interference with the ri ht of ,they blic, to. ass;,"and: re aloe ''`;,;; 4,. •,'
g _,Pu p pass 8,;,,
the beach between high and low water 'marks.
7. That if future operations of the Town of 4wthoia ,require,,,the ,reniovai.,and'/or alterations,; ;;r -J, ; ^'
in the location of the.work herein authorized, or if; in,,the opinion: of the`Boatd 41nAiees, the,;•;;;,,,:>';;
work shall cause unreasonable obstruction to free navt ation the said Permittee will bet
upon due notice, to remove or alter this work of project herein stated expenses to the Town';:,.
of Southold. F -
`] , pit }+i <+ r1 �j.'�J _• I-
-
will be notified the
8. That the said Board by a Permittee •oi the'`ronipletion of 1 the work such= �
orized. F"
9. That the Permittee will obtain all other permits and consedts, thaf may' be required sup-
plemental to this permit which may be subject to revoke upon'. to", bbtaia. same. V.'.
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO........5 DATE:...?./..2.8/.9.6............
ISSUED TO..........VIV.1EN...SOO...........................
Aut4orization
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on ....2!:2.8./.9.6.....
19......9.6., and in consideration of the sum of $..65.4..0:0........: paid by
........ Vivien ... Sao .............................................................................................................................
of .......Southold........................................................... N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
Wetland Permit to constr. 1-fam. dwell. sewage disposal syst. vV.
3' X 6' dock, 3' X 16' ramp, 6' X 20' float with 2 -piles, 30' nx)n-
fertl/non-turf buffer, & cut phragmites down to 1' in height.
all in accordance with the detailed specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes its Corporate Seal to be affixed, and these presents to
be. subscribed by a majority of the said Board as of this date.
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'Albert J: Krupski, President
John Holzapfel, Vice President
Jim Kirig
Martin H. Garrell
Peter Wenczel
February 28, 1996
Proper -T Services Inc.
James Fitzgerald
P.O. Box 617
Cutchogue NY 11935
Re: VIVIEN SOO
SCTM #90-3-9
Dear Mr. Fitzgerald,
FOL�coG
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oy • ��
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD'
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax(516)765-1823
The following action was taken by the Boatd.of-Town Trustees .
during its regular meeting held;on Februaz'y 28;-1996; regarding
the above matter:
WHEREAS, Proper -T Services. on behalf of VIVIEN SOO,- applied
to the Southold Town Trustees for a permit';under.":the provisions
of the Wetland Ordinance of the Town of Southold,'application
dated December 27; 1995, and,
WHEREAS, said application was. referred to the Southold Town
Conservation Advisory Council for their'fiidings and'
recommendations, and
WHEREAS, a Public Hearing was held by the Town Trustees with
respect to said application on February 28;, 1996; at which time
all interested persons were given an opportunitw to'be heard,
and,
WHEREAS,.the Board members havelpersonally.,viewed and -are
familiar with the premises inquestion'and`.the-surrounding area,
and,
WHEREAS, the Board has considered all the testimony and
documentation submitted.concerning this'application, and,
WHEREAS, the.structure complies with the.standard set forth in,
Chapter 97-18 of the Southold Town .Code,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and.general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approves the application of ;
VIVIEN SOO, to construct a single-family dwelling approx. 54'
X 36' overall, with private sewage disposal system, and private
well. Also to construct a dock consisting-vf 3' X 6' platform,
a 3' X 16' ramp, and a 6' X 20' float with ,two piles to secure
float, and a 30' non-turf/non-fertilized buffer installed and to
cut phragmites down to 1' in height: Located. 265 Cedar
Point Drive East, Southold: SCTM #90-3=9 senc
Permit to construct project will expire two, years from the date
it is signed if not started. Fees must be paid; if applicable;
and permit issued within six months of the date of this
a. .
notification.
Two inspections are required and the'Trustees"are to be notified.'
upon completion of said project: !
FEES: Ramp: 3' X 16' = 48' X $3 =-$144
Float: 6' X 201i= 120' X $3 $360
Total Fees: :$504
Very truly yours,
Albert J. Krupski, Jr:
President, Board of Trustees
AJK/djh
cc. CAC
Bldg. Dept.
DEC
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it
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Ne'w ,-York State Department of Environmental Conservation
�• .Cwilding 40 - SUNY, Stony Brook, New York 11790-2356
Telephone (516) 444-0365
Facsimile (516) 444-0373
Michael D. Zagata
Commissioner
December 16;: 1996
Ms. Vivien Soo.
7 Old Field Road
Setauket, NY 11733
RE: 1-4738-'01249/00001
Dear Permittee:
In conformance with the requirements:of the State Uniform
Procedures Act (Article 70, ECL) and its implementing regulations.
(6NYCRR, Part 621) we are enclosing your jiermit:' Please 'read all
conditions carefully. If you are unable'to comply with any
conditions, please contact us at the above address:
Also enclosed is a permit sign which;Is -to be conspicuously
posted at the project site and protected from the weather.
Very truly yours;,
Marilyn Peterson
Environmental Analyst I
MEP: cg
enclosure
0 Article 15, Title 15: Long
Island Wells
0 Article 15, Title 27: Wild,
Scenic and Recreational Rivers
0 Other:
0 Article 23, Title 27: Mined Land
Reclamation
0 Article 24: Freshwater Wetlands
I Article 25: Tidal Wetlands
0 Article 36: Floodplain
Management
0 Articles 1, 3, 17, 19, 27, 37,
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
ADDRESS
TELEPHONE'NUMBEk
Vivien Soo
Roger Evans
NEW .__2.0
STATE DEPARTMENT
OF ENVIRONMENTAL CONSEI
'DN
7 Old Field Road
DEC PERMIT NUMBEREFFE&
Setauket, NY 11733
becembeh 16; .1996' '
Page 1. of 8 ...
M
-DATE
TELEPHONE NUMBER
1-4,738-01249/00061
December
16, 1996
(516) 283-6360
FACILITY/PROGRAM NUMBERS)
•
P E
IT
EXPIRATION DATES)
265 Cedar Point.Drive E
Under the
Environmental
December
31, 1999.
COUNTY
TOWN
Conservation Law
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
TYPE OF PERMIT II New 0 Renewal
❑
Modification
0 Permit to Construct
0 Permit to Operate
0 Article 15, Title 5: Protection
0
6NYCRR 608:
mater Quality.
0
Article 27,
Title 7; 6NYCRk 360:,
of Waters
Certification
Solid Waste
Management
0 Article 15,Title 15'. Water
0
Article 17,
Titles 7; 8: SPDES
0
Article'27;
Title 9; 6NYCRR 373:
Supply
Hazardous Waste Management
0
Article 19s
Air Pollution
0 Article 15, Title 15: Water
Control
0
Article 34:
Coastal Erosion
Transport
Management
0 Article 15, Title 15: Long
Island Wells
0 Article 15, Title 27: Wild,
Scenic and Recreational Rivers
0 Other:
0 Article 23, Title 27: Mined Land
Reclamation
0 Article 24: Freshwater Wetlands
I Article 25: Tidal Wetlands
0 Article 36: Floodplain
Management
0 Articles 1, 3, 17, 19, 27, 37,
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
ADDRESS
TELEPHONE'NUMBEk
Vivien Soo
Roger Evans
ADDRESS OF PERMITTEE
AUTHORIZED SIGNATURE
7 Old Field Road
L
Setauket, NY 11733
becembeh 16; .1996' '
Page 1. of 8 ...
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
'En -Consultants, Inc.
1329 North Sea Road, Southampton NY 11968
(516) 283-6360
NAME AND ADDRESS OF PROJECT/FACILITY
•
Soo Property
265 Cedar Point.Drive E
LOCATION OF. PROJECT/FACILITY
Southold
COUNTY
TOWN
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
Stillwater.Lake
DESCRIPTION OF AUTHORIZED ACTIVITY
Construct a single family dwelling, deck, septic
system and a dock cofisisting of a 31 x
61 platform, 30,A 161 ramp and
61 x 200 float. All work shall be in accordance
with the attached NYSDEC.approved plan
dated 12/13/96.
By acceptance of this permit, the permittee agrees that the permit is'contingent upon strict compliance With the
ECL, all applicable regulations, the General Conditions specified (see page 2) end any Special Conditions included as part of
this permit.
DEPUTY REGIONAL PERMIT ADMINISTRA-
ADDRESS
TOR:
Roger Evans
Bldg. 40, SUNY; Room 219, Stony Bro6k;,0Y.11790-2356
AUTHORIZED SIGNATURE
DATE
L
►�jl,tiv7
becembeh 16; .1996' '
Page 1. of 8 ...
GENERAL CONDITIONS
Inspections
-1. The permitted site or facility, including relevant records, is subject to in=
spection at reasonable hours and intervals by.;an authorized re resentative of
the Department of Environmental Conservation, (the Department) p
whether the permittee is complying with this e'rmit and h ECL. Such represen-
to determine
tative may order the work suspended pursuant to ECL 71-0301and SAPA 4010). A
copy of this permit, including all referenced maps; drawings and_ special
conditions, must be available for inspection by the Department at all times at
the project site. Failure to produce a -copy of the permit upon request by a
Department representative is a violation of this permit.
Permit Changes and Renewals
2. The Department reserves the right to modify, suspend or revoke this permit.when:
a) the scope of the permitted activity isoexceeded or a violation of any
condition of the permit or provisions of the ECL and pertinent regula-
tions is found;
b) the permit was obtained by misreprese%tation 'Or. failure to disclose
relevant. facts;
c) new material information is discovered;'or
d) environmental conditions, relevant -�1;6 hnolo
gy,; �or . applicable:.• law' or
regulation have materially changed since''the:permit was issued,-:
3. The permittee must submit a separate written application to the Department
for
renewal, modification or transfer of this permit: Such'.a lication must include
any forms, fees or supplemental information; the Dep p tment requires:' Any
renewal, modification or transfer granted by the'Department,.must be in writing.•
4, The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for Stato Pollutant Discharge
Elimination System (SPDES), Hazardous;'Waste Management
Facilaies
(HWMF), major Air Pollution Control' (APC) and:Sol.id Waste Management
Facilities (SWMr); and
b) 30 days before expiration ..
p ration of all other -,permit .types
5.
Unles's 7 4 ,},C IAA
expressly provided for by the Department,°issuance`of Ahis permit does
not modify, supersede or rescind any order or determination perviously :issued by
the Department or any of the terms, conditions oM,reouiremehts contained.in such
order or determination.
Other Legal Obligations of Permittee
6. The permittee has accepted expressly,, by the execution' of the application, the
full legal responsibility for all damages; „direct or. indirect, of whatever
nature and by whomever suffered, arising out of'the project described in this
permit and has agreed to indemnify and save harmless .the State from suits,
actions, damages and costs of every name. and description' resulting from this
project.
7. This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others 'in" order to perform the
permitted work nor does it authorize the impairment of any rights, title; or
interest in real or personal property held or vested.fil a.
the permit. person not a party to
8. The permittee is responsible for obtaining any other,permits; approvals, lands,
easements and rights-of-way that may be required -for -Ah projects
-'age 2 of 5
95-20.0a (7192)—•15(Tidal Wetland
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Fart 608 ( )
97 That if future operations by the Stale of New York require an al-
other environmentally deleterious materials associated with the
teration in the position of the structure or work herein authorized, or
project. ,
if, in the opinion of the Department of Environmental Conservation
13. Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said
shall be removed evenly, without leaving large refuse piles, ridges across
waters or flood flows or endanger the health, safety or welfare of
the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural
tendency to cause damage to navigable channels or to the banks of
resources of the State, the owner may be ordered by the Department to
a waterway.
remove or alter the structural work, obstructions, or hazards caused
14. There shall unreasonable interference with navigation by the work
thereby without expense to the State„ and if, upon the expiration or .
o iz ed.
herein autho
revocation of this permit, the structure, fill, excavation, or other
modification of the watercourse hereby authorized shall not be com-
15. If upon the expiration or revocation of this permit, the project hereby
pleted, the owners, shall, without expense to the State, and to such
authorized has,not been completed, the applicant shall, without expense
extent and in such time and manner as the Department of Environmental
to the State; and to such extent and In such time and manner as the
Conservation may require, remove all or any portion of the uncompleted
-Department of Environmental Conservation may require, remove all or
structure or fill and restore to its former condition the navigable
any portion of the.uricompleted 'structure or fill and restore the sitgg
and flood capacity of the watercourse. No claim shall be made against
to its former condition. No claim shall be made against the.State of
the State of New York on account of any such removal or alteration.'
New York on account of arty -such removal or alteration..
10., That the State of New York shall in'no case be liable for any damage
16. If granted under 6 NYCRR Part 608, the NYS Departrimetit of environ- "
or injury to the structure or work herein authorized which may be caused
mental Conservation' hereby certifies that the subject project will not
by or result from future operations undertaken by the State for the
contravene effluent limitations or other limitations or standards Under• •`
conservation or improvement of navigation, or for other purposes, and
Sections 361; 302, 303, 306,afid 307 of the Clean Water Act
no claim or right to compensation shall accrue from any such damage.
(PL 95-217) "provided that Al of the conditions listed herein are -met..
11 . Granting of this permit does not relieve the applicant of the responsi-
17. All activities authorized by this permit rilust be in strict coitforrriance
bility of obtaining any other permission, consent or approval from
with the approved plans s6bt1nitted by the applicant or his s part
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
of the permit,application:
a
Office of General Services or local government which may be required..'e
Such approved plans were prepared by •
11: All necessary precautions shall be taken to preclude contamination
lash 11/25J96
of any wetland or waterway by suspended solids, sediments, fuels,
_ on
solvents, lubricants, epoxy coatings, paints, concrete, leachate or any
m
SPECIAL CONDITIONS
1. There shall be no disturbance to vegetated tidal wetlands'.ori,;:
protected buffer areas as a result 'of '-the" permitted .activts;;r;
2: The storage of construction equipment ;:"and _-materials shall:°Itbe:'•,'
confined to within the project•�work'. mite and• or upland, areas-,
greater than 50 linear feet .from theAidalwetland bound& y ,
3. To protect the values of the.. •tidal wetlAnds,-'a'`permanent .•'
vegetated buffer zone shall- be establiished;,"',There shall be.' h6
disturbance to the natural vegetation;or topography -within an
area extending 30 linear feet laridward:of'the-tidal wetland
boundary.
4. A row' of " staked hay bales or;',approvable erosion " control
devices shall be placed at" the:. landward- edge of the buf f er
area or 30 linear feet from the tidal�.wetland boundary, or as
per NYSDEC approved plan;, at'- Commencement` of regulated
activities and remain in place until'proJdct is,compl.eted and
all disturbed areas stabilized w•ith`vegetat on -
5. Roof runoff shall be directed to drywellb'•'a. minimum of 100.
feet landward of the tidal wet land. boundary for immediate on:-"
site recharge.
DLC PERMIT NUMBER
1-4738-01249/000
PROGRAM;FACILITY NUMBER
3 of 5'
95 -20 -6f17/871 -25C NEW YORK STATE DEPARTMENT OF ENVIRONINENTAL,CONSERVAfiON '
SPECIAL CONDITIONS
1
For Article 25 ( Tidal Wetland
6. Driveways and parking areas shall be constructed of pervious
material.
7. Roads,. driveways, and/or parking areas shall' be graded to
direct runoff away from tidal -wetlands and protected buffer
areas.
8. Sanitary system (bottom of tank and Teaching pools) shall be
- located a minimum of 2' above seasonal high groundwater:
9. The permittee shall incorporate the' following .language as a
notice covenant to 'the deed:, -
"Regulated tidal wetlands associated with Stillwater Lake are'
located at Cedar Point Drive E. Southold,,] County„Tax ,Map Number:,.�.
District 1000, Section 090, Block 3,.' -Lot 9i otherwise known as the
properties of Vivien Soo and her heirs, assigns,.' or successors,;;`..
This property is subject to the provisions of .'New York State'
i
Environmental Conservation Law (ECL.) `Article' 25, or ' its 'successors;.:
and the conduct of regulated act ivities.'may."occur .orily'pursuant'.to;'.
ECL Article 25 ,if prior approval ,is ' given ,by `the" .slew York
Department of Environmental Conservation , (NYSDEC) or' its successor i'{`t
Regulated activities include, but; are "riot:`Iitnited,"to the erection:;.
of any structure (s) ; excavation;_. dredging'," grading -, and filling;;;'':
clearing of vegetation; and application ofd: chemieals : ”
This deed covenant shall be recorded;'with-l'`the`'"Clerk of Suffolk`
County within 90 days of the issuance .,of,,. t his ' permit . ' ' A c6py'1,C)
the covenanted deed or .other acceptable"',prooaf of record; along; with
the number assigned to this permit`,`,-;:, : shall`-` be ,-.: tient iaithir `.'one '
calendar year of the issuance of-
Manager,
fManager, Bureau of Marine Habitat` -Protect ionj..,aS.UNY; Building .,-40,;; `
Stony Brook,"New York 11790-2356
10. Fill is authorized only for placement around septic system.
Supplementary Special Conditions (A) through`(F) attached
DEC PERMIT NUMBER i
1-4738-01249/00001
FACILITY ID NUMBER PROGRAM NUMAER
Page 4 of 5
The following conditions apply to all T 1, 'etlixids Frashxater
.wetlands; Coastal Erosion Management '::aa V Wildj'',gcenic, tad
Recreational Rivers_ Verffiits;z:;
A.
-A copy of this permit, including ali- con+ciitions'.and
approved plans, shall be available,-aat`,the .And
approved
whenever authorized work is in prdgress'. - ,' The permit
sign enclosed with the permit shall'.be protected'.from
the weather and posted in a conspicuous'.location at the
work site until all authorized Work'has been completed:
B.
The permittee shall require that any contractor;
project engineer, or other person responsible for the'
overall supervision of this project" reads,' understands,
and complies with this permit and:all, its general;
special, and supplementary special;conditionsi. Any,
failure to comply precisely with all-of"the terms and
-conditions of this permit, unless; -authorized' in
writing, shall be treated as a violation : of - the , '.
Environmental Conservation Law. If. any of the permit.
conditions are unclear; the permittee shall contact the
+"
Division of Regulatory Affairs at the, address on' page
one or telephone (516) 444--0365.'
C.
If project design modifications become necessary. after.
permit issuance, the permittee shall submit the
appropriate plan changes for approval byy'the Regional
Permit Administrator prior to undertaking any such
modifications. 'The permittee is advised 'that-,
substantial modification may require submission of a
new application for permit
D.
At least 48 hours prior to commencement :,of the project,
the permittee and contractor shall" si arid'-teturn the.
top portion of
p the enclosed notification°y;farm
certifying that they' are fully aware Tof.,� and' -understand
all terms and conditions of this -permit:";I:' Within 30
days of completion of the permitted-:wtork ; ,th41.Jbottom
's
portion of that form shall also; .be:"°, s igned`A"and` retU=dd;
along with photographs of the completed;:,;+4ork- aridi''It:.
7Y.
required, a survey.
,..
•
-
",;
E.
For projects involving activities to 13e' : ndertajcei in
phases over a
p period of more than � one , iyear `, �'the
permittee shall notify the Regional ,Permit :--
Administrator in Writing at least' 48 • hotir5' pti6r 1
recommencing work in subsequent y
'
F.
-' . The granting of this permit does not retllive the permittee
kj
g.,,agr `
of the responsibility of obtalhin ;: ant"::
y
other necessary approval from the bivsion of,,,
Utilization, - office of General Services j .Towet'a�$uildin g'
Empire State Plaza, Albany,' NY 12242"':.(516js47.4-2155,
.which'
may be required for any encroachment upon':':°state-owned lands
underwater.
DEC Permit 14o.* 1-4738-01249/00001 :page 5 of 5
;.`sF
95.20-1 (8187)-9d
New York State
Department of En-viron.mental Conservation
ZZ.
gl'
f Environmental Conservation (DEC), has issued
r; 0
h`:
e- De p ai,
p -to,
qV'' -I- nvirQnme
the E ntal Conservatiorl- Lavy
41
owlt(. I ant_
W FY
ar4 b wortvibeinw, cunduutlt;wl'(urger
t
9 . x"I.,ent of wo,rK a
nature and' t and any
it,'- contact the Regjqpal", Permit
-[�V.kprtme ..,condition's on
'listed below.` -lease, refer
--.xA-_,dr irttste..p err number
r
r tot or
ng th.e.,
c
r ,,tactil
_,on,
...........
lJG
....... .......
A - Regional Permit Administrator
_Perms N,1per73 9
,
13Z
Expirat i .17, lff9
994
A--
NOTE: This notice is NOT a permit
A
I fZON re I Pf.
20 G`'FLOAT` SYSTEMS., FOR THIS -RESIDENCE VILL
S FLAGS CONFORM TO. THE ",STANDARDS OF 'THE
-SUFFOLK CO. DEPT. OF HEALTH'SERVIC1Ei.'
.(SI
v '
t% APPLICANT
at
413
SUFFOLIC' COUNT Y_ DEVT�," OF,. -HEALTH T
SE R PftDVAL- or
I C S
T_
ONLY
DA
TE
F.
DO GA.L.
APPROVED:
1SUFFOLK CO. TAX MAP DESIGNATION.
3 ,
r D E,c .
APPROVEIs -AS PEER TLRI.LS DIST. SECT, BLOCK PC111_
3 A 19'
Opp -
090
N.)
OWNERS ADDRESS:
DATE RWE V-7 ff !V-11 -0 CL
"STROM,-j42.42
f bL4eyV0!Yw,T1.
Qu C kcc! tALF N. Y�
CE1�AL� I PCO(NT 1:1 Q I VF EASI'
pQv�;TE TEL'. 7A - 5800
A*rt.: VCJAD
VJGLL F : ur, 1P-1Cu CLIFI-64,0 P.
WFrLL , , W WO: 90.
p- - F V , C k�, MAP
2- E Lt- -0 kl, F1 *;Z TO W1 EA 1,4 5 EA. F',d e.L.
SES 'IN FLQ00 Z0f,4E-. `A-4 (FE -L.9)".
2.8 MIL -es TO.PuBL-1c. WATET2 5o 'FY_y.
AMEWPEC, SEPT. 5,1986- WOV. 8, 1995
1996ir-W2.26, IL)%
A LJ 6. Z -4, 1.9.9 6 OCT. W. 199b; tcV.1, IcJ9(,
I
Ax
TC-WN'1_`F !14DUTHQL.Tj
RUELER ICK VAN I u T L.. P.C.
Vim-
LICENSED LAND SUR%�EYORS.
GRE ENPORT- NEW YORK
art
SILT
XIWE M
CAAiLSE
WATER_ -st4
'SUFFOLK CO. HEALTH DEPT. APFfWVAL
H .'s. NO.
Foj. foQ .9.0 w
CPA_-
44 2.'
- Aa
\
It
%Q, EA 15 5-7 6,5, F."
.
STATEMENT OF INTENT
A&I / �
I
.. - 1__-
��C WAVC"D01 �V AND SEWAGE
WATER iMM
J
I fZON re I Pf.
20 G`'FLOAT` SYSTEMS., FOR THIS -RESIDENCE VILL
S FLAGS CONFORM TO. THE ",STANDARDS OF 'THE
-SUFFOLK CO. DEPT. OF HEALTH'SERVIC1Ei.'
.(SI
v '
t% APPLICANT
at
413
SUFFOLIC' COUNT Y_ DEVT�," OF,. -HEALTH T
SE R PftDVAL- or
I C S
T_
ONLY
DA
TE
F.
DO GA.L.
APPROVED:
1SUFFOLK CO. TAX MAP DESIGNATION.
3 ,
r D E,c .
APPROVEIs -AS PEER TLRI.LS DIST. SECT, BLOCK PC111_
3 A 19'
Opp -
090
N.)
OWNERS ADDRESS:
DATE RWE V-7 ff !V-11 -0 CL
"STROM,-j42.42
f bL4eyV0!Yw,T1.
Qu C kcc! tALF N. Y�
CE1�AL� I PCO(NT 1:1 Q I VF EASI'
pQv�;TE TEL'. 7A - 5800
A*rt.: VCJAD
VJGLL F : ur, 1P-1Cu CLIFI-64,0 P.
WFrLL , , W WO: 90.
p- - F V , C k�, MAP
2- E Lt- -0 kl, F1 *;Z TO W1 EA 1,4 5 EA. F',d e.L.
SES 'IN FLQ00 Z0f,4E-. `A-4 (FE -L.9)".
2.8 MIL -es TO.PuBL-1c. WATET2 5o 'FY_y.
AMEWPEC, SEPT. 5,1986- WOV. 8, 1995
1996ir-W2.26, IL)%
A LJ 6. Z -4, 1.9.9 6 OCT. W. 199b; tcV.1, IcJ9(,
I
Ax
TC-WN'1_`F !14DUTHQL.Tj
RUELER ICK VAN I u T L.. P.C.
Vim-
LICENSED LAND SUR%�EYORS.
GRE ENPORT- NEW YORK
art
SILT
XIWE M
CAAiLSE
WATER_ -st4
,�AbE�
m
fa 3
A
-'.. eAl,.l P--" Z"x -16.t - --
,UZI S�L�Uf2E--tom- Chi
APPEAL
soAR' U
f
f
0
S D,MEMBIv C
RS;"•
O
Southold Tb�wn•
Hall
-
a y
Gerard P. Goeliriri �et Chairman r r 53095 Main R r,`'r
S oad
CO
Serge -Doyen> „ v�.; _ P.O. Box 1179
James Dinizio ` Southold, New York 11971
Fax (516) 765-1823RoberA. Villa
09Telep-18
Lydia h516765�•
,
BOARD OF APPEALS'
TOWN OF SOUTHOLD ,
February 19, 1997
70
�'�°" � ,r* r�. f,; i ��1:4n` . � .. �: r s, 4J, �',.. �`�e � ,t 41 ±;t�'>'� .+":� 'a�°, � ;; R.: •
:r�=� `*� • , gg'?.• ." . ?•: C.• , 'Js;':.::' k.,.s�.ii, �r.: x.�... ?.� 't q.. k'.� �� Vit.. a .. � `� r .�� „r. 't , ,
'Dear : , f ; _. j
.. "l.S, �P`'' `'L,p9°: •,.`:Ydi M
'•^_. `.s.',r;}`� ..xy ay.;ty 4a' �'r'•,'';:' '\ia..j` R„lt;r`Y•f1.'{`:�,,n„'jp4:"S `�1F,t... ,.;:fi''r ra.4Y:,..;•;:,&,,;.•''
`Please :;'find enclosed:= a`: copy . of , the Legal Notice confirming the
,. date :; of; tiahe 'public',, hearin for our application.,, ,to;. be =held : Thursda
g ;' Y P Y�: .
March :,;13,'1997..: ,,tii:' :. This " notice is ; expected:' to: be r. published ,: by-,
office-In,Ahe'tipcoiming�issue, of:lthe ,Times -Review:,,` Q.
.. w ,• =
aAlso � ,enclosed- ,,is a' sign which :must be 'posted ° wvithin'.' 10 ' feet
from"-the,='front;; property':- line (facing' the traveled street), After the ”
:.remained.":in, place,'. at ,I,least�4, seven_ E: days;• .the' eiic16§ed;:, ;;'`•? .
Affidavit 'y'sliotild A' ber''si ed , b ou ',before`: a nota ulilic .ands ;r.'
Y'' `Y Y'Y P
returned e,,, office :before,'tMarch 12 1997:=; ,1 (Please :note. ',The's; `::`
sigh';. may , remain �I in place . longer, • which is . always µpreferred . ).
'..' Y;'", _;�"a "?s. 4'." ::M1-. ��.., d;}n ,35:$.'`' �i.:k...d:`":�?,„, t'P?e S;�.{,':::':,b:E• ", �. ttt.P..,�,t..,.tY.L.: •�,;.j;�' v.;a t•C,%'-� ,�.irs. <.,,:r�y9';..:!p,.>,�f,•
s 'Please feel- :"free; to ' `stop .: by, or call us; during the last ;few,
days of •processing 1,ito�;,-;review;µ any;;.?updatss;.- 'communications; ' or
handwritten notes. added . to: the file '.by individual N board
4r?, }�?,^ai` ,.�', ';7 a. 3'. 13' r,,_,. .� .r,N1.t't.r".,n. »�°wxw,. `:1':i�•.. ,L.,.,,�'�a i
'
Very trulyours
Y
�r
'•,'•,K",�'i'� - i'�..q� t '4'lr ) .�L F'F. C ,sT'?f .b.,'�, '(` t"" ��'y. •, "t`%' -•�..
. ;k' .. t. .h •.i'` •:^ts..d °�L9��+�.t t^.9.�'�' f:T_G ,'1`�ra�n'i� �,ft �,l •'ti. �i ..f i.. g i,tq'f. Y,�,:• i..1,4. �7.. .,A^J �.`Y P7n. Y, ,
''(''P' a i' } �..i*r=•'•", ?6 .�: s pi..kf y.'v. r' 7.�'.y•{'k.
S�!��..;!S 6:,y� `j sJ•i.� i.'�,f,x .i
Linda KowalslQ.
•� i, M Ann C bulsld�.'._�'g,.,:cs>:;,..i
P.,S..::; :,: For";your. 'convenience;,..we:.enclose, .a:=,co <aof the "standards"?of,''P l'{^,'o-
law a® £'be 1 addressed -'at' the hearing, or iii writing beforehand...
Please, noteothat,�di_fferent,r standards, of -'law, apply'': in different
.4
'tions; ,:,i:'e: ,_,. area,, standards "under New -'York , Town :Law ' apply. to, most' ",
ariance a LicationsF "waiver t standards :.a^undez ;100-26°! .eapp
ly r} to'�'%?�i, a
,merged �lots.'aq; per''100-25 (different than' area standards) '!hand use
standardsA, ofk,Town Law" a 1 to . use ,;:variances: ,If you;,are t" ""est hg,,.K ?'r:�{� .; r
' .... v. -'9' PP Y,
- -
?k .,a "Special °�:Rxception" Permit,' , standards would "apply' under':,.Town ;-Law
"And
.;in, =the Zonin 'Code Sections
a? .,y,• p rt. g ; 6:;
C"' R P i h, ' n , Ip°; :'+�•i'r�,' � .. ,:;F'•:}i:, ., { 4•�v`. •'�; .
fbA11000
YACb SCT6ACK V69i0l)C(f)
NOTICE OF HEARING,
NOTICE IS HEREBY GIVEN that a public
SOUTHOLD TOWN BOARD OF APPEALS atthe
Southold, New York, concerning this property -
hearing will be held by the
Town Hall, 53095; Main Road,
0
APPLIC4�S
OWNER(S) OF RECORD:, _ Feqter viviem Sao
J
DATE OF PUBLIC HEARING:
Th MqPCN 13, 19'g7
If you have an interest in this project, you are invited to view the Town file(s)
ich are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and
BOARD OF APPEALS •
CEMR
TOWN OF SOUTHOLD
• (516) 765-1809
S 6LLT#6 1,
�
Page 2 - February 25, '1'997
Ta: Applicant
Re: Required Notices for Hearing
SOUTHOLD TOWN BOARD OF APPEALS;
TOWN OF SOUTHOLD:COUNTY OF SUFFOLK
---------------------------------------x
In the; .,Matter of the Application
Of
VIVIEN and PETER S00
---------------------------------------x
I, James E. Fitzgerald, Jr.
sworn, depose and say:
NIM - 1997
AFFIDAVIT OF MAILING
r
} being duly
That I reside at 385 Haywaters Drive,Cutchogue, NY 11935
That I mailed a true copy of the Notice setting forth the date of
the public hearing of the above application; by certified mail, return
receipt requested, to each, of the persons at 'the! addresses set opposite
their respective names (listed below or on addendum attached hereto);
-That the addresses set opposite 'their- names are the addresses
shown on the current assessment roll "of the Town bf Southold;
That said Notices were mailed by certified mail, return receipt
requested, at the United States Post Office located at CutchogUe QTY 11935
That the postmarked (dated) receipts for the above mailings are
attached to this Affidavit;
That upon receipt of the green signature des' I agree to submit
the same to the Office of the Board --of Appeal
j ;;" permanent -We
ture
Sworn to before met 's
� day of 199 2?: "
(Notar u c) SUSAN .;:AGY
Notary Public, State of New York
' No. 4895735
Qualified in Suffolk County
Commission Expires May 26;19
"
s
P 264,040-271'
US Postal Service
Receipt for Certified Mail
No Insurance coverage t•roviueu..
Do not use for International Mail See reverse
Fetter and Barbara Herz
1`56""M Drive
P2asTe'Tt iutso1kY 11576
Postage r
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
LO
Return Receipt Showing to
Whom & Date Delivered
a Retum Recei1pt Sfta'mg,W Whom;
Q Date, &,/lddrMee's`A'ddm.
0 TOT .L o & Fees g r �� p�
Pos'K orD$te"
E _
LL
EL
P 264 040 272 P 264 040 273
! US Postal Service US Postal Service
Receipt for Certified Mail f Certified IVY
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Severua DeLeo
strefibNu
Do not use for International Mail See reverse
gVt&X 11�9g4�,
Post,OifiU G Clb a C 1� r 11971
Postage
$ , 5�
Certified Fee
$ 3
Special Delivery Fee
1
Restricted Delivery Fee
Return Recaeipi�Sho ing to
Who Date Il�ered
Re pt Showing to Whom,
Da e,,$ ildressee's Address d .
to
TOTAL Pei FeS
.�
i
t
t P tpafk or Date
P 264 040 274
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail See revers
rSenttoest and June PaDr
umber
Cedar Point Dr Ea
e, State & ZIP Code
thold NY 11971
Postage $ -3,
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt S wing to
Whom & Dat6Dielivered�
n Retum ReEleiptS - ' to-
Q Date, dr , ee's Addressa f �.}
I 0 TOTAL Pos_ [
Cf) Pos att or Date f
E -
LL
d -
Receipt or an
CL
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Aline Wiederman
Street & Number
77 County Village L
Post Office, State, & ZIP Code
New H de Park NY 110
Postage
$ 3
Certified Fee
1
Special Delivery Fee
Restricted Delivery Fee
Return Recee'ipt_Showing to
Whom D"alecpeli. red-,.
Retuecei _ w ng t� Whom,
Date/ -Ad ee's Addr ss�a _
to
TOTAL Pei FeS
.�
i
t
Posr�IS Date
P 264 04.0 275
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See rever.
Sent to
Alexander Williams
Stre�'5`erW. Charleston
Post Oice, State, & ZIP Cade
C�hica o IL 60847
Postage $ 3--�
Certified Fee / 0
Special Delivery Fee
Restricted Delivery Fee
LO
Return Receipt Showing to l
*- Whom & Date Delivered -
Q
Return Receipt S
Q Date, & Addr ee, dress
l0 TOTA �oe & Fee s<
E— - If
u -
t r
L
Re:The Application of Vivien and Peter Soo
i
Ze
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Application
Of
Vivien and Peter Soo
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
PIA f R 1 3199
1,
I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York
11935, being duly sworn, depose and say:
That on the fifth day of March, 1997, I personally posted property known as 265 Cedar
Point Drive East, by placing the Town's official poster sign ten (10) feet; or closer, from the
front property line where it can easily be seen from the street, and that I have checked to be
sure the poster has remained in place for seven full days prior to the date of the public hearing,
as noted on poster to be March 13, 1997:
Dated: March 13, 1997
JANE R. MINERVA
NOTARY PUBLIC, State of New York
No. 4853108, Suffolk County
Commission Expires February 18, 19F
Sworn to before me this l3 day of
WI19Retf , 1997.
Votary Public
AL NOTIC
NOTICE IS HEREBY GIVEN, pur-
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
Southold Town Hall, 53095 Main Road,
Southold, -'New '-York 11971,;7on
-THURSDAY, MARCH 13,1997 it the
times noted below (or as soon thereafter ;
as possible): =. =-'. ti ._ -:
6:45 p.m. Apple #4459'-ANTONE;; i
and LUCY STRAUSSNER. A Waiver
is requested* 'for two undersized -lots, 1
Which waiver is basedon the Nov''1'S, : ,{
1996 Action 'of Disapproval
Building Inspector: due to- lot merger =•',
after. 1983: The'lotr show creation by
deed and conformity. in size when. fiii. •
created (ref:Building.Inspedor's nota
tions). Location of Lands: 335 Mifii $t
and 1045 Wilmarth Avenue, Greenport
R-40 Zone: -1000-34-1-16 as one .lot;.
and 1000-41-1-10 & 11 as the other lot.
.6:50 p.m. Apple. #4462 VIVIEN
.and PETER, SOO. A. variance is
requested for a reduced front yard -set
back for proposed new dwelling; based
on. the January 15,. 1997 Action.. of
Disapproval' issued by. the Building
Inspector. Location of ' Property: 265.
Cedar Point.'Diive East, Southold.
Required frontyaid:-to be determined
based on those established within 300
feet, same block,.same side of stieet, or
bulk schedule minitniiin.of 35 -ft. front,
35 ft.. rear, -10 &_`inia". 1S & side's;
pertaining td this .lot size. of 15,576±
square feet:.County- Parcel No. •.1000-
90=3-9. (Note. Setbacks from the water
_are determined * by Town -Tnistees.' and
NYS DEC,.when na bulkhead• or wall
exists.)='<=,.. c :
6:53 p _m. - CarryoveYHearing, from .
'216/9'rand2/25/97:-Rppl. No..4452;
. 7:00. p.m:. Carryover Hearing: fei 'r -,
2/6/97: AppL. No`4453==EDWARD
and EVELYN eALPE U.
7:10 p.m.•'. Continue&''Hearing
(Reopened):: AppL;'No 4429SE: and
4430, by LILGO,:as Contract Vendee:
These applications: apply. to premises ,
referred to as 8550 (vacant)and) Main i
Road, Mattituck (near Laurel); identi=l.
bed as 1000-122=7-6.6, further identi-�
fied as Lot #2'wnsisting of 35,798 sf_i
as shown on the Subdivision of Map oE'
"Frank' Murpby' .cGarden4= Center"
approved by the: Southold Town
Planning Board:_4=1982;. Appliccnt;'
as contract.vendec, is.requesting: = s;
(a) Apple No. 4429 = Special EX=�
ceptioa. fam; Usc, _of' Vacant Iand'-as
shorn n_on. prof plan'for a'compressor
station building with fence en hill
this "B" General Business District
(b) Appl..No.' 4430 Variance".
under Article XIM Section 100=231=!
A for permission, to construct. fence
enclosure, which, exceeds, maximum
fence height restriction of 6 feet when
located in the front=ya4and which
exceeds 6-12 feet in _or along. 'side and
- 7:30 pm: Continued: Hearing from 1
2/6197: and• from: =5/97 -2 -Matter of
Appl. #4458..- North Shore Yacht
--Sales by1NIC1aEL. $UGHES. This
is a request: far`' a' special exception I
under Article )[;-Section:100-101B-12 .
for new and used ' boat, sales use 'at
11500. Main Road;. Mattituck; NY;
Parcel #1000-122-3-6. Zone District: B
Business (Site ,:. Owner:.. Harvey
Bagshaw).. :
. 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. Written com-
ments may. also be submitted' prior to
the conclusion of the. subject hearing.
The.above heatmgs'will not startbef -
the times designated, and some may be
carryover hearings: .The files maybe,
reviewed during regular business hours
for updates or new information. If, you
have questions,; please :do not hesitate;
to call 765-1809.'
Dated: Fe6ruary"26,199.7.-' .
BY ORDER OF THE SOUTHO
TOWN BOARD, OF. APPEALS,
GERARD ft GOEHRINGER,
By Linda I{ow W
STATE OF NEV `IRK)
) SS: .
�4cnvTY QF SUFFOLK)
_
�'1 rs n 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 published in said Newspaper once each week
for �_ weeks successively,mencing on
the _day of OW 0
Principal Clerk
Sworn to before me this
day of CLt !�- 19-C��--�
� Zc,u
MARY DIANA FOSTER
NOTARY PUBLIC, STATE OF NEW 0 R
NO. 52-4655242, SUFFOLK COUVI I
'L'vtY1ib91SS1O�! �(ciRES �UaUST 3','.9 9%
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
February 25, 1997
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
At this time, please send a notice with the March 13; 1997 hearing
date noted thereon, or a copy of the enclosed Legal Notice, by certified
mail; return receipt requested, to the surrounding property owners.
The Affidavit of Mail with proof of mailing (white certified mail
receipts postmarked) , must be returned to us within the nekt week.
Please do not wait for the green signature cards to be signed and
returned. The green signature cards may be returned separately on the
day of the hearing when you receive them.
Please feel free to stop by, or call us, during the last few days of
processing to review any updates, communications, or handwritten notes
added to the file by individual board members.
Enclosures (2)
31,1197
aid
Very truly yours,
4i :d Kowalski
MaryAnn Cybulski
LEGAL NOTICE
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 Hall, 53095 Main Road, Southold, New York 11971,
on THURSDAY, MARCH 13, 1997 at the times noted below (or as soon
thereafter as possible) :
6:45 p.m. Appl. #4459 - ANTONE AND LUCY STRAUSSNER., A
Waiver is requested for two undersized lots; which waiver is based on the -
Nov. 15, 1996 Action of Disapproval by Building Inspector due to lot
merger after 1983. The lots show creation by deed and conformity in size
when 'first created (ref: Building Inspector's notations) . Location of
Lands: 335 Main St. and 1045 Wilmarth Avenue, Greenport. R-40 Zone.
1000-34-1-16 as one lot, and 1000-41-1-10 & 11 as the other lot.
6:50 p.m. Appl : -#4462 - VIVIEN and PETER SOO. A variance is
requested for a reduced front yard setback for proposed new dwelling,
based on the, January 15, 1997.Action of Disapproval issued by the Building
Inspector. Location of Property: 265 Cedar Point Drive East, Southold.
Required front yard: to be determined based on those established within
300 feet, same block, same side of street, or bulk schedule minimum of 35
ft. front, 35 ft. rear, 10 ft. and 15 ft. sides, pertaining to this lot size
of 15,576+- square feet. County Parcel No. 1000-90-3-9. (Note: Setbacks
Page 2 - Legal Noti
lBoard of Appeals
Hearings to be Held 3/13/97
from the water are determined by Town Trustees and NYS DEC, when no
bulkhead or wall exists.)
6:53 p.m. Appl . No. 4464 - TOMIS AND KATHY KOURKOUMELIS .
Request for a Variance under Article XXIV, Section 100-239.4, based upon
the
February
1997
Action of Disapproval issued
by the Building
Inspector,
for
permission
to
locate swimmingpool with fence
enclosure with
setback at
less than the required 100 ft. setback. from the top of the bank or bluff
along the Long Island Sound. Location of Property: 54775 C. R. 48, r.
Greenport, NY; County Parcel No. 1000-44-1-2.
7:00 p.m. Appl . No. 4453 - EDWARD AND EVELYN HALPERT .
(Continued from 2/6/97) . Request for Variance to alter and/or expand
nonconforming building which has contained a nonconforming guest or living
unit, separate and accessory to the main dwelling. Location of Property:
2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31.
Zone: R-40 Residential. Property size: 1.45+- acres.
7:10 p.m. Appl. No. 4429SE and 4430, by LILCO, as Contract
Vendee. These applications apply to premises referred to as 8550 (vacant
land) Main Road, Mattituck (near Laurel) , identified as 1000-122-7-6.6,
further identified as Lot #2 consisting of 35,798 sf. . as shown on the
Subdivision of Map of "Frank Murphy Garden Center" approved by the
Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is
requesting:
(a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as
shown on plot plan for a compressor station building with fence enclosure in
this "B" General Business District.
(b) Appl. No. 4430 - Variance under Article XXIII, Section
100-231-A for permission to construct fence enclosure, which exceeds
Page 3 - Legal Notic
Roa.rd of Appeals
Hearings to be Held 3/13/97
maximum fence height restriction of 6 feet when located in the front yard,
and which exceeds 6-1/2 feet in or along side and rear yards.
7:30
p.m.
Appl. No. 4463 - LAWRENCE
SUTER
d/b/a BLUEWATER
SEAFOOD.
This
is a Variance based upon the
January
6, 1997 Action of
Disapproval issued by the Building Inspector, which states that a "permit
to construct metal frame with canvass roof (addition) to existing retail
fish market is disapproved on the following grounds: Under Article XXIV,
Section 100-244B, proposed addition to existing retail fish market with
accessory seasonal single service utensil seating, proposed construction is
on a nonconforming lot located in the. B General Business District, has
insufficient side yard of ... less than the required 10 feet. Action
required by the Zoning Board; action also required by the Planning
Board...." Location of Property: 11400 Route 25, Mattituck, NY; County -
Parcel No. 1000-122-3-7.
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.
Written comments may also be submitted prior to the conclusion of the
subject hearing. The above hearings will not start before the times
designated, and some may be carryover hearings. The files may be
reviewed during regular business hours for updates • or new information.
If you have questions, please do not hesitate to call 765-1809.
Dated: February 19, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
x
i`
Town Law
AREA VARIANCE
* * * * * * * * * *
Amendments 5267b-3 Effective July 1, 1992:
11
AREA VARIANCE is authorization by the ZBA for the use of land in a manner
which - is not allowed by the dimensional or topographical requirements of the
applicable zoning code regulation. §267(1) of Town Law.
The new Statute no longer includes the term "practical difficulty" or. any
particular test, and now provides that ZBAs consider two basic things:
1. the benefit to the applicant if the variance is granted; and
2. the detriment to the health, safety and general welfare of
the neighborhood or community that would occur if the variance were to
be granted.
In balancing the interests above, ZBAs must also consider the following five
factors for an AREA VARIANCE:
l.. whether an undesirable change will be produced in the character of
the.neighborhood or a detriment to nearby properties, if granted;
2. whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
3. whether the area variance is substantial;
4. •whether the variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
5. whether the alleged difficulty was self-created, which consideration
shall be relevant to the ZBA's decision but shall not preclude the granting
of an area variance.
Also, as part of the "balancing concept," the new Statute provides that:
6. the ZBA shall grant the minimum variance that it shall deem necessary
and adequate, and at the same time preserve and protect the character of the
neighborhood and the health, safety and welfare of the community.
5267 -b(3 -c) of Town Law.
USE V AXIANUr.
Amended rules effective July 1, 1992; further modified July 1, 1993 (5267b):
USE VARIANCE is authorization by the ZBA for'the use of land in a. manner or
For- a purpose which is otherwise not allowed or is prohibited by the applicable
zoning regulations. (5267(1) of Town Law)
The applicant must demonstrate to the ZBA that:
]. For each and every permitted use under the zoning
regulations for the particular district where the property, is
located:
(a) the applicant cannot realize a reasonable' -return,
provided that lack.of returnis substantial as demonstrated by
competent financial evidence;erty �s
(b) the alleged hoaads�stantialhip relating
portionthe
ofrthe district
unique and does not apply to
or neighborhood;
<Otto v. Steinhilber 282 NY 71 and Douglaston Civic Assn.
Case tests>
(c) the request will not alter
Transit vheCrowleyi205cMisccter
of the neighborhood;
933; variance denied>
(d) the alleged hardship has -not been self-created.
<Holy Sepulchre Cemetery V. ZBA Town of Greece 271 App
iv. 33
—neighborhood was undeveloped; lot was acquired as a prohibited
use; variance denied.> � while at the
2. ZBA must grant minimum variance necessary
same time preserve "and protect thechaof racter
he of the neighborhood,
and the health, safety and welfare
ity
5267-b(3-c)..will
3. ZBA must insure t welfare�securedof e andlsubstantial e
observed, public safety an
justice done.
'e
Prepared by the Southold Town Board of Appeals
References: New York 'Gown Law and Department of state
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.Q.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
March 13, 1997
Appeal No. 4462
Project/Applicants: Peter & Vivian Soo/CV-Adler/Owner
County Tax Map No. 1000- 90-3 -9
Location of Project: 265 Cedar Point Dr., East, Southold, NY
Relief Requested/ Jurisdiction Before This Board in this Project:
Permission to construct a- new dwelling with a reduced front
yard setback
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 (Shorty 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 {Section017.13(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 furtherr information, please contact the Office of the
Board of Appeals, Town Hall, 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.
i
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OFF VITAL STATISTICS
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. 4462
DATE: JANUARY 29, 1997
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
Transmitted is an application for a variance submitted by James
Fitzgerald, Jr. on behalf of VIVIAN SODS together with Zoning
Board of Appeals Questionnaire; Notice to Adjacent Property Owners;
Short Environmental Assessment Form; Notice of Disapproval from the
Building Department; survey; and other relevant documents.
Judith T. Terry
Southold Town Clerk
Proper -T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800
January 22, 1997
Chairman
Southold Town Board of Appeals
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Application for a Variance; SCTM #1000-90-3-9, Vivien Soo as contract vendee
Dear Sir:
Enclosed are the documents prepared in support of the application for a variance and appeal
from the decision of the Building Inspector for the construction of a private residence on prop-
erty, of which Mrs. Soo is the contract vendee, located at 265 Cedar Point Drive East in
Southold.
Proper -T Permit Services represents Mrs. Soo in this matter, and a letter of authorization will
be furnished upon request.
The Town Trustees have approved a permit for the house, but it has not yet been issued. The
NYSDEC have issued a permit. I will provide copies of both of these documents as soon as I
receive there.
If you need more information or have any questions please call me.
Y s truly, �G -
a .,s E. Fitzgerald,
Enclosures:
Application fee (check, $400)
Application
Area Variance Statements
Notice to Adjacent Property Owners
Short EAF
Tax Map
Vicinity Map
ZBA Questionnaire
Notice of Disapproval (Building Department)
Survey of Property (original plus 6 copies)
Sketch and Floor Plan of Proposed House
Contract of Sale
a subsidiary of
THE PECONIC EASTERN CORPORATION
BOARD OF APPEALS, TOWN OF SC TOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO: SCTM #1000-90-2-13.1
Peter and Barbara. Herz
100 Oak Drive
East Hills NY 11576
SCTM #1000-90-2-14.1
Severus DeLeo
PO Box 194
Southold NY 11971
SCTM #1000-2-15
Aline Wiederman
77 Country Village Lane
New Hyde Park NY 11040
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
SCTM #1000-90-3-8
Ernest and June Pappas
75 Cedar Point Drive East
Southold NY 11971
SCTM #1000-90-3-19
Alexander Williams
2035 W. Charleston Street
Chicago IL 60847
1. That ' the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance (Special Exception) (Special Per (Other) [circle choice]
I.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 265 Cedar Point Drive East
3. That the proerty which is the subject of such Petition is located in the following zoning district:
V_r40
4. 1 hat by such Petition, the undersigned will request the following relief: Permission to
construct a single-family private residence with insufficient
— froh ' yar�Ic s e ac .
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XXIV Section 100-244 (Non -Conforming Tie .$) R.
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7t 5-1809.
7. That 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 Suffolk Times and in the Long Island Traveler-Mattituck Watch' newpapers published in the
Town of Southold and designated for the publication of sur, s; that u y�PTepresentative have the
right to appear and be heard at such hearing.
Dated: January 21, 1997
,-a s E. Fitz ge ld, Jr. r
Pe 'tioner Vjien Soo, contract
,Okymm'Names: vendee _
Post Office Address
PO Box 617
Cutchogue NY 11935
Tel. No. (516 ) 734-5800-
[Copy
34-5800
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
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PROOF OF MAILING OF NOT
CTACH CERTIFIED MAIL RECE S
NAME ADDRESS
P 264 040 380
US Postal Service
Receipt for Certified Mail
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Sentto
Street & Number
100 Oak Drive
Post Office, State, & ZIP Code
East Hills NY 11576
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to
Whom & Date Delivered
Return Receipt,Showinglo,-Whom,
Date, & Addressee's Addresj,
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P 264 040 379
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
geverus DeLeo
sV8&box 194
Post Office, State, & ZIP Code
Southold NY 11971
Postage $ r
Certified Fee �U
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to
Whom & Date Delive
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STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
P 264 040 378
US Postal Service
Receipt for Certified Mail
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n cltoine Wiederman
sVtrnest & June Pappas
Post Office State & ZIP Code
New Rae Park NY 1104
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Post Office State & ZIP Code
New Rae Park NY 1104
Postage
$ 3�
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James E. Fitzgerald, Jr. residing at 385 Haywaters Drive
Cutchogue NY 11935 being duly sworn, deposes and says that on the 22nd day
of January 119 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the°addresses set opposite the names of said persons Are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Cutehogue. NY 11935 ; that said Notices were ma ile each of said persons by
(certified) j0xnu A)cmail.
Sworn to before me this
J
day of ams a , 19 77
Notary Public
JANE R. MINERVA
NOTARY PUBLIC, State of New York
No. 4853108, Suffolk County
Commission Expires February 18, 191ci
e
sex`Texander Williams
Stree& Number
2835 W. Charleston St
Post Office, State, & ZIP Code
Chicago IL 60846
Postage
$ ,
Certified Fee
Special Delivery Fee
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Restricted Delivery Fee
Return Receipt Showing to
Whom & Date Delivered
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James E. Fitzgerald, Jr. residing at 385 Haywaters Drive
Cutchogue NY 11935 being duly sworn, deposes and says that on the 22nd day
of January 119 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the°addresses set opposite the names of said persons Are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Cutehogue. NY 11935 ; that said Notices were ma ile each of said persons by
(certified) j0xnu A)cmail.
Sworn to before me this
J
day of ams a , 19 77
Notary Public
JANE R. MINERVA
NOTARY PUBLIC, State of New York
No. 4853108, Suffolk County
Commission Expires February 18, 191ci
e
The N.Y.S. Environmental.Quality Review Act requires submission
of this form, and an environmental review will be made Ly this L)oard
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X No
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? Yes X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes XNo
9. Will project adversely impact any site or struct-
ure of historic, pre -historic, or paleontological
importance or any site designated as a critical
envircnmental area by a local agency? . Yes X No
10. Will project have a major effect on existing or
future recreational opportunities? Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? Yes X No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? _Yes X No
13. Will project have any impact on public health
or safety? Yes X No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes X No
period or have a major ati effect on the
character the comm ty neighbor d
15. Is there ubl' cont o cern' g
project? / Yes X No
Preparer's signature: e8 E. Flt X' J
e
Representing: Vivi'S00 con vende Date: 1 /21 /97
ZBA V/75
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
Owner: Fred Adler
B. Is the subject premises listed on the real estate market for
- sale or being shown to prospective buyers? { X} Yes'
{ .} No. (if Yes, please attach copy of "conditions" of sale.)
C. Are there any proposals to change -or alter land contours?
( ) Yes {X) No
D. 1. Are there any areas which contain wetland grasses? Yes
2. Are the wetland areas shown on tht�_'map submitted with
this application? Yes
3. Is the property bulkheaded between the wetlands area and
the upland building area? No
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? Yes
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? No (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? None If none exist, please state "none_"
G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel The o erty is undeveloped and
proposed u rivate Ipsidence
J s E. Fi
Au orized Si
3x87, 10/901k
ralv� ` 7
ture and Date
FEB -41997
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO.........5DATE: ... ./. 2.81.96............
ISSUEDTO .......... IVIE.... 00..........................................................................................
Pursuant to theprovisions of Chapter 615 of the Laws of--,----
the State of New York, 1893; and Chapter 404 of the Laws of the "
State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board 'adopted at a meeting held on ....21.28.1..9..6.....
19.......9.6, and in consideration of the sum of $..6.5.4..0:0........ paid by
Vivien... Soo ....................:..........................................................................................................
of .......Southold........................................................... N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
Wetland Permit to constr. 1-fam. dwell. sewage disposal syst. vy
3' X 6' dock, 3' X 16' ramp, 6' X 20' float with 2 -piles, 30' mon-
.fertl/non-turf buffer, & cut phragmites down to 1' in height..
all in accordance with the detailed specifications as presented in
the originating application.
IN WITNESS WHEREOF,. The said Board of Trustees here- ,
by causes its Corporate Seal to be affixed; and these presents to'
be subscribed by a majority of the said Board as of this date.
FF01,��0 ................. ..............,:...
.............. ..................r." .
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RIDER TO CONTRACT OF SALE
BETWEEN: ADLER
AND: SOO
PREMISES: 265 EAST CEDAR POINT DRIVE, SOUTHOLD
DEPARTMENTAL APPROVALS
This contract is contingent upon the purchasers obtaining at their own cost and expense
within six (6) months from the date this contract is fully executed by the parties, the following:
a.) A title search reflecting single and separate ownership by the seller.
b.) Approval from the Suffolk County Department of Health Services for well
location and sanitary system for single family residence.
c.) Water report to determine whether the water is potable and meets the
standards therefore set by the State, County, and any involved agency or locality as to quality
and quantity or letter of water availability from Water District.
d.) Approvals from Department of Environmental Conservation (DEC) and any
agency or body having jurisdiction thereof for construction of a single family residence without
the necessity for a yr�c�e��� Court proceeding.
e.) Building permit from Southold Town Building Department for construction of
a single family contemporary Salt Box style residence with basement, garage and rear deck.
House to be at least 1,290 square feet on main level excluding garage and deck and to be
constructed within building envelope , as depicted on attached survey.
Nothing contained herein shall obligate the seller to incur any expense for a survey or
to file any application with the above named agencies, except seller agrees to pay one-half (1/2)
of all expenses to obtain said permits up to the sum of $1,500.00.* Seller agrees, however, to
execute the necessary consents to obtain said permits and/or survey. * ey,
Prior to the expiration of the six (6) months period provided for herein, if the permits
and/or approvals have not been granted and purchaser's application is still pending, seller may
extend their time to obtain said permits and approvals for a period not to exceed three (3)
months from the expiration of six (6) months.
The Purchasers agree to use due diligence in applying for and pursuing the applications.
If the applications are not approved within the above time, or in the event potability is not
found, then either party may cancel this contract whereupon the seller shall return all monies
/ paid her nder andn ither party shall have any claim against the other.
c.
All IL
RIDER ATTACHED TO AND MADE PART OF CONTRACT OF SALE
PREMISES: East Cedar Point Drive, Southold, NY
All of the paragraphs and provisions -contained in this Rider
are incorporated into a printed form of this Contract and
made a part thereof with the same force and effect as if
therein originally set forth. If there shall be any in-
consistencies between this Rider and the basic form contract
herein, this Rider shall control and take precedence over
said printed form of Contract.
1. CONTRACT DEPOSIT: The down payment, hereunder, shall be
held in escrow by Gary Flanner Olsen, attorney for the
Seller, as escrow agent until closing of title in an escrow
account at The Suffolk County National Bank, Main Road,
Cutchogue, New York. The escrow agent shall not be required
in any way to determine the validity of any notice or any
other document delivered or required to be delivered
hereunder. The escrow agent shall not be responsible to any
of the parties hereto for any action or failure to act,
unless such action demonstrates bad faith. The Purchaser
and the Seller hereby authorize the escrow agent, in the
event they become involved in litigation by reason of this
contract of sale, to deposit with the clerk of the court in
which such ligigation is pending all funds delivered to the
escrow agent hereunder and thereupon, the escrow agent shall
be fully relieved and discharged of any further
responsibility hereunder. In addition, the escrow agent is
hereby authorized, in the event it is threatened with
litigation, to interplead all interested parties in any
court of competent jurisdiction and to deposit with the
clerk of such court all funds deposited within hereunder and
thereupon the escrow agent shall be fully relieved and
discharged of any further responsibility hereunder. The
escrow agent may, at his option, deposit the funds in an
interest bearing account, bearing the sellers' tax
identification number, with the interest to follow the
downpayment. However, the escrow agent shall have no duty
to invest any of the funds deposited with him hereunder and
shall not be responsible for any action or failure to act,
unless such action demonstrates bad faith.
2. LIQUIDATED DAMAGES: If the purchaser fails to complete
the purchase of the premises, without the fault of the
seller, the contract payment deposited by the purchaser
shall, at the option of the seller, be paid over to the
seller as liquidated damages and neither party shall have
any further rights, one against the other.
3. COVENANTS VIOLATIONS: The violation of any covenant or
restriction by existing improvements shall not be deemed an
objection to title if the title company examining the title
shall agree to insure that such improvements may remain as
long as they ,stand in their present location.
4. ASSIGNMENT: This contract is not assignable by the
purchasers without the written consent of the sellers.
5. REAL ESTATE BROKER: The purchasers represent that no
real estate broker, other than Marion R. King Realty
brought about the sale agreed upon and should any claims for
brokerage commission be made against the seller, the
purchasers agree to hold harmless and indemnify seller from
brokerage commissions arising out of purchasers' acts. This
clause is to survive delivery of title hereunder.
6. SUBJECT TO CLAUSE: The within described premises are
sold and are to be conveyed subject to the following: A)
Covenants, restrictions, easements and agreements, if any,
contained in the former deeds or other instruments of
record, insofar as the same may now be inforce or effect,
provided same do not prohibit the present use and
maintenance of the existing structures thereon. B)
Possible encroachments of retaining walls, sidewalks,
hedges, coping, fences, hedges and retaining walls. C)
Rights, if any, acquired by any utility company to maintain
and operate lines, wires, cables, poles and distribution
boxes, in, over and upon said premises. D) Subject to any
state of facts an accurate survey would show provided same
does not render title unmarketable. E) Any state of facts
a personal inspection will show.
7. TITLE REPORT: The Purchaser agrees to deliver to the
attorney for the Seller herein a list of any objections to
title or violations which may appear on any proper
examination of title, and if any of the objections or
violations which may appear on said title examination cannot
be cleared by the Seller prior to the date set, for closing
of title, then the Seller shall be entitled to a reasonable
adjournment of the closing for the purpose of clearing such
objections or violations.
In the event that the Seller is unable to convey title in
accordance with the terms of this agreement, the Seller
shall have the option of clearing any objections to title or
violations, or to return to the Purchaser the amount paid on
account of the purchase price hereunder and to reimburse the
Purchaser for the actual cost of the title examination, and
the cost of any survey made in connection therewith incurred
by the Purchaser; and upon such payment being made, this
agreement shall be considered cancelled and of no further
force and effect and the parties hereto shall thereupon be
released of any and all further liability as against each
other, and the lien, if any, of the purchaser against the
premises shall cease and terminate. The Seller shall not be
required to bring any action or proceeding or otherwise to
incur any expense to render the title to the premises
marketable, but the Purchaser may, nevertheless, accept such
title as the Seller may be able to convey, without reduction
of the purchase price or any credit or allowance against the
same and without any liability on the part of the Seller for
such conveyance. The acceptance of a deed by the Purchaser
shall be deemed to be a full performance and discharge of
every agreement and obligation on the part of the Seller to
be performed pursuant to the provisions of this agreement
except those provisions, if any, which are specifically
stated herein to survive the delivery of the deed.
8. ree that his Centr-aQ
is contingent upon the Purchasers procuring a Con onal
Mortgage or Variable Mortgage commitment a lending
institution in the amount of $ ,(repayable
in 25 years), at the pr ng rate of interest, and the
Purchasers a r make immediate and diligent application
and a o sign such papers, documents, and give such
i edfcc�u^Tinng .
to secure a commitment on the above terms. In went the
Purchasers shall fail to obtain such ommTtment within such
time, then and in that eve e seller shall have the
right to extend t chasers time to obtain a mortgage
commit r return the down payment paid hereunder at
9. FOREIGN :2�RSON:
(a) Seller represents that he is not a foreign person
within the definition of Section 1445 of the Internal
Revenue Code entitled "Withholding of Tax on Dispositions of
U.S. Real Property Interests", and agrees to deliver at
closing an affidavit stating under penalty of perjury, the
transferor's U.S. taxpayers identification number and that
the transferor is not a foreign person.
(b) Parties shall set forth their respective Social
Security (EIN) numbers opposite their signatures at the end
of this rider, to facilitate compliance with Section 1521 of
the Tax Reform Act of 1986, and shall execute at closing the
title company form of report. By executing this contract
the parties, under the penalty of perjury, certify that the
number set forth opposite their respective signature is
their correct tax payer identification number.
10. DELIVERY OF DEED: It is specifically understood and
agreed that the acceptance of the deed by the purchaser
shall constitute and be deemed and considered full
compliance by the seller of all of the terms and conditions
of this contract on the part of the seller to be performed;
and it is further expressly agreed that -none of the
provisions of this contract shall survive the delivery and
acceptance of the deed, except insofar as may herein
otherwise be expressly and specifically provided, or except
as may be otherwise agreed upon by the seller in writing at
closing of title.
SOCIAL SECURITY NUMBER SELLER
SOCIAL SECURITY NUMBER SELLER
SOCIAL SECURITY NUMBER PURCHASER
SOCIAL SECURITY NUMBER PURCHASER
APPORTION- 13. The following are to rtioned as of midnight of the day before the >f CLOSING.
MENTS; (a) Rents as and when colli... (b) Interest on EXISTING MORTGAGE(S„ ,_, Premiums on existing transferrable insurance
policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rents, ort the basis of the,4As ql
period for which assessed. (e) Fuel, if any. (f) Vault charges, if any. 1 i en
If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate
for the preceeding period applied to the latest assessed valuation.
Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING.
WATER 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to it date not more than thirty (30) days before
METER CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned oil tate basis of such last reading.
READINGS:
ALLOWANCE 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid
FOR UNPAID taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five (5)
TAXES, ETC.: business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING.
USE OF 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use
PURCHASE any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title in -
PRICE TO PAY surance company employed by PURCHASER and required by it to assure its discharge, but, only if the title insurance company
ENCUM- will insure PURCHASER'S title clear of tite matter or insure against its enforcement out of the PREMISES. Upon request, made
BRANCES: within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in
clearing up these matters.
AFFIDAVITII l7. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar
AS TO to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against
JUDGMENTS II SELLER.
BANKRUPT-
CIES:
DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of tite appropriate State, City or County officer
TRANSFER in the amount of any applicable transfer and/or recording tax payable by reason of the'delivery or recording of the deed, together
AND with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to
RECORDING be delivered to,the appropriate officer promptly after CLOSING.
'FAXES:
PURCHASER'S 19. All money paid on account of this contract, and tite reasonable expenses of examination of tite title to the PREMISES and of
LIEN: any survey and survey inspection charges are hereby made liens oil the PREMISES and collectable out of the PREMISES. Such
liens shall not continue after default in performance of the contract by PURCHASER.
SELLER'S 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to
INABILITY refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional
TO searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this
CONVEY' contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other.
LIMITATION
OF
LIABILITY:
CONDITION 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is
OF thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject
PROPERTY: to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCIIASER shall have the right, after
reasonable notice to SELLER, to inspect them before CLOSING.
ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely ex -
AGREEMENT: presses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by,
anyone else that is not set forth in this contract.
CHANGES 23. This contract may not be changed or cancelled except in writing: The contract shall also apply to and bind the distributees,
MUST BE IN heirs, executors, administrators, successors and assigns of the respective parties. Each .of the parties hereby authorize their it.
WRITING: torneys to agree in writing to any changes in dates and time periods provided for in this contract.
SINGULAR 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it.
ALSO
MEANS
PLURAL:
iit Presence Of:
OVER
0 -
FRED ADLER
PHIA ADL_< �
PETER
V ct�J
VIVI6N S00
.r•
u
STATE OF NEW YORK, COUNTY OF ss;
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
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.cxecuted 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 corporation, and that he
signed h name thereto by like order.".
STATE OF NEW YORK, COUNTY OF ss:
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
to me known and known to me to be a partner in
a partnership, and known to me to be the person described in and
who executed the foregoing instrument in the partnership name,
and said
duly acknowledged that he executed the foregoing instrument for
and on behalf of said partnership.
Closing the title under the within contract is hereby adjourned to 19 , at
o'clock, at ; title to be closed and all adjustments to be made
as of 19
Dated, , 19
For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, trans-
ferred and set over unto r
and said assignee hereby assumes all obligations of the purchaser thereunder.
Dated, 19
Contract of Sale
TITLE NO.
From:
To:
Purchaser
Assignee of Purchaser
PREMISES ,
Section
Block
Lot
County or Town
Street Numbered Address
Recorded At Request of
Fidelity National Tule
RETURN BY MAIL TO:
Zip No.
il
STANDARD FORM OF NEW YORK STATE LAND TITLE ASSOCIATION
Distrrn„«d by
!!!!! h
FidelityNational Title
.
INSURANCE COMPANY OF NEW YORK
DATE:
PARTIES:
PREMISES:
PERSONAL
PROPERTY:
PID V
NYSLTA Form 8041 (Rev.. 11/78) — CONTRACT OF SALE — 5/88
WARNING:
NO REPRESENTATION IS MADE THAT THIS FOW OF CONTRACT FOR THE SALE AND PURCHASE OF REAL
ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different pro-
vision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser
responsible for fire and casualty loss upon taking of title to or possession of the premises.
day of
), , 19 95
CONTRACT OF SALE made as of the L+ v� a�
BETWEEN 1
FRED ADLER and SOPHIA ADLER, his wife, presently residing at:
Address: 520 Lakeside Drive, Southold, NY 11971
hereinafter called "SELLER", who agrees to sell:
and PETER SOO and VIVIJN SOO, his wife, presently residing at:
Address:
7 Old Field Road, Setaucket, NY 11733
hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the
"PREMISES"), more fully described on a.separate page marked "Schedule A," and also known as:
Street Address: East Cedar Point Drive, Southold, NY (lot #65)
Tax Map Designation: 1000-90-3-9
Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9.
VACANT PROPERTY
1. (a) The purchase price is
NO
$105,000.00
004
Payable as follows:
On the signing of this contract, by check subject to collection: $ 10,500.00
(to be held in escrow b seller's attorney until closing of title)
fay allowance for the principal arnow/tt still unpaid on EXIST!N _r MORTGAGE(S): ' $
By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $
500.00
BALANCE AT CLOSING: 94,500.00
(b) If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Note and Mortgage will also provide that it will r
main subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified
good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwrite
by the attorney for SELLER, PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in tl:
amount of $ for its preparation.
(c) If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpa
principal amount of an. EXISTING MORTGAGE below the amount shown in paragraph 2, then the balance of the price payable
CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments r
quired by the EXISTING MORTGAGE will be made.
(d) If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER slu
assign it to PURCHASER, if it can be assigned. In the event PURCHASER shall pay the amount in the escrow account to :ELLE
'W
at CLOSING.
of
a
2. The jIEMISES111.1 e-congyed subject to the continuing lien of "EXISTING MORTGAGE(S)" as follows:
Mortgage now inftel'unpaid principal amount of $ and interest at the rate of per cent per year,
presently payable in installments of $ - , which include principal, interest,
and with any balance of principal being due and payable on
SELLER hereby states that rio EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to re-
quire its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING.
3. All money payable under this contract, unless otherwise specified; shall be either:
a. Cash, but not over one thousand ($1,000.00) Dollars.
Good certified check of PURCHASER, or official check of any bank, trust company, or savings and loan association having
a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed
by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorn•.y.
c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCIIASER_up to the
amount of F T{VE . IU D{{�� n{� - (5500.00---------- ) dol'_t.-s, or
d. As ottterwtte �gre' gq in writing by SELLER or SELLER'S attorney.
4. The PREMISES are to be transferred subject to:
a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not
violated by the buildings and improvements erected on the PREMISES.
b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
d. Any set of facts an accurate survey or
title is not rendered unmarketable.
e. Covenants, easements and restrictions
by existing structures.
survey inspection may show provided
of record, provided not violated
S. SELLER shall give and PURCHASER shall accept such title as any. reputable title company doing
(�I IS MWS 1 n I$0ol k County ��l g pp , a member of The
New oS d e Land i e ssociation will b wt m to approve and insure in accordance with their standard form of title policy,
subject only to the matters provided for in this contract.
6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, in-
cluding the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & Sale
Deed with Covenants and deed in proper statuary form for recording so as to transfer full ownership
(fee simple title) to the PREMISE, free of all encumbrances except as herein stated. The deed will contain a conversant by the
SELLER as required by Section 13 of the Lien Law.
If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors
authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certify-
ing such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the
Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section.
CLOSING will take place at the office of GARY FLANKER OLSEN, ESQ. , Mai n Rd. , Cutehogue, NY
at Af o'clock on or about 30 days xMkx after issuance of building permit.
8. PURCHASER hereby states) that PURCHASER has not
ddealt uwith anybrokerin connection with this sale other than
and SELLER agrees toNpayRthe broker tLe8commi s n earned thereby (pursuant to separate agreement).
9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened
or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any un-
paid 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 will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any
documents which PURCHASER may require to collect the award and damages.
10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before the
CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid
principal and interest, date of maturity, and rate of interest.
SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in
Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30)
days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in
default at the time of CLOSING. 1
�i�att. Hated
,in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor condjtjous�tf�
fecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING ovision shall
survive CLOSING. SELLER shall furnish PURCHASER with any authorizations nec Re the searches that could
disclose these matters.
ions affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New York prior
12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual in-
stallments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid in-
stallments shall be considered due and are to be paid by SELLER at CLOSING.
NCA -1
Part �A Rider* which may be used with Standard NYBTU Form 8041, rev. 11/78
SCHEDULE A
(Description of Premises)
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being �I ffl at Bayview, near Southol d, i n the Town
of Southold, County of Suffolk and State of New York, known and designated
as Lot # 65 on a certain map entitled,"
Subdivision Map of Cedar Beach
Park", completed September 15, 1926, by Otto W. Van Tuyl, Surveyor,
and filed in the Suffolk County Clerk's Office on December 20, 1927 as Map
No. 90.
*This form is distributed, as a convenience, by
First American Title Insurance Company of New York
SUFFOLK OFFICE
210 Court Street
Riverhead, New York 11901
(516)421-3020
(516)727-5700
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(914)997-1444
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} : ; (718).85-�130.:�.,�,:..,
'`•^w `Lia 'h'3 ✓'�:: �;: ':r � . ,^. F,'_.yY µ..r
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