Loading...
HomeMy WebLinkAbout4418 PAU AK.- HFNPV TnHN #3098 3505 Grand Ave. , Mattituck 4/20/83 CA-construct'-accy.- garage structure-in sideyard_area. 107-1-5 I ' ? (� !.- �".1h'-�,.�- stlT+•Y.. �.i,,.��•L.b?R7_•Q,�,�j,,,A,ti ol.,.a...-_.___•.I APPEALS BOARD MEMBERS S%SFFD(,�co G Southold Town Hall Gerard P. Goehringer,Chairman o y1 53095 Main Road Serge Doyencn ze P.O. Box 1179 James Dinizio, Jr. p r" Southold, New York 11971 Robert A. Villa 'jSjJ�® 0�� Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #44-18 ACTION OF THE BOARD OF APPEALS 10/1196 APPLICANT: FLORENCE PAVLAK LOCATION OF PROPERTY: Grand 'Avenue, Mattituck. COUNTY DISTRICT 1000, SECTION 107, BLOCK 1, LOTS 5.1,, 5.2 BASIS OF ACTION: August 27, 1996 Action of Disapproval issued by the Building Inspector under Article II, Sections. 100-24, 100-25. Waiver is requested under Section 100-26 of the Zoning Code regarding creation of undersized lot. MOTION MADE BY.:.. It. Villa SECONDED BY: L. Tortora ACTION/RESOLUTION ADOPTED,:--_,.REVERSAL of the ACTION OF DISAPPROVAL'BYaTiHE".BU.ILDING-.,INSPECTOR,; and INTERPRETATION that lots located in,the .R-40 Zone -District' which received Planning Board subdivision approval prior t615/,20/83,-as per former Section 100-31B(1) - in effect up until 12/26/95 .- and said, lot was deeded in single and separate ownership since on or before the effective date of new Local Law #23-1995 (effective 12/95.) , do.-not require al Waiver finder 100-26, since they technically were`iiot.. merged•-on""the.-date�.of adoption of Local Law #23-1995 (which provision of law replaced former 1-60 -31B and other provisions pertaining to the creation and recognition:,of Pots) . REASONS/FINDINGS: -In considering board comments, testimony at the hearing, .all records plus ZBA'staff-report_aAd deeds creating the two lots, the board finds: 1. Reite..nite data compiled in ZBA staff report of 9/11/96. 2. As of *1.2/95, new Local Law replaced former Section 100-31; under the zoning codes in effect up until 12/95, lots on approved subdivision lots ,approved by resolution and final action of the Planning Board were recog- nized as valid lots and received building permits. 3. Current owners deeded out these two lots. in single and, separate ownership prior to 12/95 and remained in single and separate ownership .for approximately 1.1 years prior to 12/1995. 4. The Planning Board approval for Henry John Pavlak was in effect for these lots until 12/95 as indicated by former Section 100-31.. 5. Other agencies also have accepted town-approved subdivision lots at least. until 12/ 1995*, and those maps have .received County Health Page 2 - ZBA Determination Meeting of October 1, 1996 Re: Florence Pavlak Department approvals prior to that* time. VOTE OF THE BOARD: Ayes: J. Dinizio, Jr. , R. Villa, L. Tortora, G. Goehringer. (Member Doyen was absent s resolvia , dopted. ZBA:lk GPRARD . GOEHRING R, C IRMAN pproved for Filing EECEIVED AND FILED BY THE SOUTI-TOLD TOWN CIMIX DA'L'E 1-71 HOUR s ' 'Old Town Clerk, Town of ui 0 APPEALS BOARD MEMBERS �OgUfFOt,�co Southold Town Hall Gerard P. Goehringer, Chairman �� y` 53095 Main Road Serge Doyen ca x P.O. Box 1179 James Dinizio,Jr. p Southold. New York 11971 Robert A. Villa ��• �a0`�y Fax (5 16) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the. Southold Town Hall, 53095 Main Road, Southold, New York 11971 , on THURSDAY, SEPTEMBER 19, 1996, commencing at the times specified below: 7: 15 h.tn• Appl. No. 4389 - TIMOTHY GRAY and JIMBO REAL'T'Y. Hearing carryover . 7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing carryover . 7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21 , 1996. Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIII, Section 100-239.413 to locate a deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to as Lot I )n the "Map of Beiedon Estates," Block 7, filed 1916 with the Suffolk County Clerk. This parcel contains a nonconforming Tot area of 21 ,071 sq. ft. and has a nonconforming setback from the new bulkhead, as 7 :37 p.m. Appl . No. 1411 - JONATHAN and MARGARET STERN. Based upon A June. 19. 1996 Notice 4 Disapproval. applicant is requesting a Page 2 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner lot. Setbacks are established in a front yard area on non-waterfront parcels only by the Board of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private road off the north side of the Main Road, and situate along the southerly side of another private right-of-way, Orient, NY; Comity Tax Map Parcel #1000-17-2-1 . 13 (known as Lot 2 and part of 5, Stern's Subdivision Map (10/1/93) . 7:40 p.m. Appl. No. 4414 - DONNA IGLESIAS WEXLER. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article IIIA, Section 100-30A.3 for approval of Lots I and 2, as proposed, each with insufficient lot width to the new division line and insufficient side yard setbacks from existing dwellings. Each lot is proposed to contain a minimum of 40,000 sq. ft. as required in this R-40 Residential Zone District. Location of Property: 8335 Main Road (Route 25) , East Marion, NY; County Parcel ID #1000-31-2-32.1 . 7:45 p.m. Appl. No. 4413 - EVA MULLINS. Based upon the August 13, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a waiver under Article II, Section 100-26 for a single parcel with a combined lot area of 31,250+- sf. The basis of the Disapproval is that this land area, identified as 1000-77-3-5, 6 & 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, in common ownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-t5. Location of Subject Property: East Side of Pine Avenue and Page 3 - Lcgal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 - NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County Parcel ID #1000-107-4-3. 7:55 p.m. Appl. No. 1418 - FLORENCE PAVLAK. Based upon an August 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25 ,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11 , 1970, that, between July 1, 1983 and April 14 , 1985, this lot, identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5. 1 . Street Address: 3755 Grand Avenue, Mattituck, NY. 8:00 p.m. Appl. No. 4418 - RAYMOND REALTY CORP. /MICIIAEL'S PONTIAC- CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued by the Bailding Inspector, applicant is proposing 1.0 remove the existing ground sign and in lieu thereof, is requesting a variance under Article -XX, Sections 100-205D(7) and 100-206-B for the placement of a new ground sign which will exceed 21 sq. ft. in area, and be internally illuminated . Location of Prop('riy: 12155 Rouse 25 (Main Road) , Peconic, NY ; Map Parcel 11) ?1000-75-1-14 . Page 4 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4412 - ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY; County Parcel ID #1000-53-3-13. 8: 15 P.M. Appl. No. 4419 - WILLIAM A. HANDS, JR. Based upon a Notice of Disapproval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver under Article II, Section 100-26 for this lot consisting of 22,500+- sf. as created by deeds subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot #2 on the Map of Willow Terrace, Section 1; CTM 41000-26-2-21 . 8:20 p.m. Appl. No. 4420 - LINDA FESSMAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver under Article II, Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM #1000-115-6-1, which has been lield in common ownership with another lot, CTM 41000-115-6-2, after July 1, 1083. This property is located at the corner of the Main Road (#18400) and Cardinal Drive, Mattituck Estates Filed Map, Lot #5, at Mattituck, Town of Southold, C'fM #1000-115-6-1 . 8:25 p.m. Appl. No. 1397 - ALLEN W. OVSIANIK. Hearing carryover Page 5 - Legal Notice • • Regular Meeting of September 19, 1996 Southold Town Board of Appeals 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 before 3: 15 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski FORM NO- 3 TOWN OF SOUTHOLD v BIIIIAING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: . . . .44gVSt.?I, .199§. - . - . . . - . To Gary Flanner Olsen_ a/c Plorence. Pa�lak P:0.. Box 706,,_ Kaip_ Road- , - - • - Cutchogue,• N.Y.. 11935 PLEASE TAKE NOTICE that your application dated . . .Aggust.2nd . - . . . . . 19. .96. . for permit to . . . cop-struct. A sing-le,- famil.y.dwel.ling, . . . . at Location of Property . . . 3755. Grapd. Aveppe,. Nartilprk. - - . . - . . . . . . . . . . . . . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 - Section . . . . . iW. . . BIOCK . . . 91. . . . . . LOT 5.2 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . Filed Map No. . . . . . . . . .Lot No- is returned herewith and disapproved on the following grounds . . .According, to.Article_II . . . . . . . Chapter 100-24 A (2) Lot SCTM/. . . . . . . . . . . . . . . .1000-107-1.-5.2. is. an. approved lot by Planoin� . . . . . . . . . . . .Board apgroval .dated / . 3 12J.70. ..- - _ This- int- is- located_ in an R-80 zone. Lot 1000-107-1-5.2 and Lot 1000-107-1-5.1 have merged pursuant to Chapter 100-25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-25A . - . . . . . . . . . have been held .in Common ownership after. July. 1� 1983: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BUILDIN�INSPECTOR RV 1/80 AUG 2 9 19%) APPLICATION FOR WAIVER UNDER SECTION 100-26 MO qerk SOIItlI0f6 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached) . The zoning of my parcel is presently: R-80 The size requirement for this zone is : 80, 000 square feet per parcel . County Tax Map parcel Nos : 1000-107 . 00-01 . 00- 005. 001 and 005. 002 I (we) , Henry J. Pavlak, Jr. and Florence A. Pavlak, as owner--e-f the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of recent tax bill for both (all) lots . 2 . Copies of deeds dated prior to June 30, 1983 for all lots 3 . Copiejs/of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood. 5 . $150. 00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from he issuance of a waiver. P& ` H m y VJV Pavlak, Jr. Florence A. Pavlak Swqr4 to befor me thi day of 1996 . LORPAWE KUDPF II McwY pumic.stn d NOWY*k ofy Public aueaftd In S~ Co1,�,, wWWWwEi..Nw.Bo, .T A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application (to continue on next page) . Reasons: The applicants Henry J. Pavlak, Jr. and Florence A. Pavlak purchased the subject premises on July 11, 1969. Application was made by the Pavlaks to the Southold Town Building Department for a two lot subdivision which subdivision was approved by the Southold Town Building Department on March 12, 1970, based on a survey of Van Tuyl and Son dated March 5, 1970 . A copy of said Planning Board Approval and survey are made a part of this application. As shown by the survey, the southwesterly most lot contains a One and 1/2 story frame house, (now tax lot #005. 1) . The northeasterly parcel (now tax lot #005.2) is a vacant parcel . On April 19, 1985 Henry J. Pavlak, Jr. and Florence A. Pavlak conveyed the vacant parcel to Florence A. Pavlak in Liber 9807 Page 375 . The two parcels have been in single and separate ownership since April 19, 1985 and each parcel has been receiving its own separate real estate tax bills which have been paid by the applicants . The applicants have entered into a United States Department of Agricultural Farmer' s Home Administration Option to Purchase Real Property to sell the vacant parcel, i .e . tax lot #005. 02, to Charles D. Avondet III and Deborah J. Avondet for the sum of $50, 000 . 00 . A copy of said Option to Purchase Real Property dated May 6, 1996 is being provided herewith and is part of this application. The vacant parcel has received approval for the construction of a single family residence from the Suffolk County Department of Health Services on July 25, 1996 (HS Ref No. R10-96-0064) and a copy of said approval is also made a part of this application. The purchasers made application to the Southold Town Building Department for a Building Permit which application was disapproved on the basis that tax parcels 501 & 502 have merged, thus necessitating this application for a Waiver of Merger . Since both parcels were in common ownership on June 30, 1983 . Under Article II Section 100-26 of the Southold Town Building Code, the Zoning Board of Appeals may waive the merger if a lot has merged and certain criteria are established. In guiding the Zoning Board in making such determination, the first criteria is that the waiver will not result in a significant increase in the density of the neighborhood. It is respectively submitted that the density would not be increased significantly since tax parcel 5 . 1 already contains a residence . The Waiver of Merger would result in recognizing tax lot 5 . 2 as a valid building parcel, which recognition was already given by the Southold Town Planning Board in its subdivision approval of March 5, 1970 and as recently approved by the Suffolk County Health Department on July 25, 1996. It is respectfully submitted that such recognition does not increase the density of the neighborhood. The second criteria is that the lot is consistent with the size of the other lots in the neighborhood. A review of the Suffolk County Tax Map shows that tax parcel 4 . 1 immediately to the Northeast of the vacant parcel 5.2 is consistent with the general size and shape of tax parcel 5.2 . The other lots in the area such as on Knollwood Lane, Woodcliff Drive, Westview Drive, Mayflower Road are consistent with the size of tax parcel 5. 2 . A third criteria is whether the Waiver will avoid economic hardship. As stated above, the applicants have entered into a sales agreement to sell the subject property for $50, 000 . 00 which would be lost if the Waiver of Merger is not granted. Furthermore, the purchasers have expended funds such as : survey expenses; title company fees; legal fees; well cost; application fees to the Health Department and Building Department, as well as to their lending institution. Their application for a Farmers Home Administration loan has been approved and funding should be forthcoming shortly. Accordingly, a waiver of merger would avoid severe economic hardship to both the applicants and their purchasers . Furthermore, the applicants have purchased property in North Carolina anticipating the sale of the subject premises . The fourth criteria set forth in the Town Code addresses the issue as to whether the natural details and character of the contours and slope of the lot will be significantly changed by granting of the Waiver and as to whether or not there will be a substantial filling of the land affecting nearby flood areas . It is respectfully submitted that the granting of Waiver of Merger in this particular application would in no way significantly change the character of the contours and slopes of the lot nor will there be filling of the land which would affect nearby flood areas since there are no environmental flood areas near the property. For all the reasons above it is respectfully submitted that the applicants meet the criteria set forth in Section 100-26 of the Town Code. When the merger law was written the Town provided for a mechanism whereby the Zoning Board of Appeals could and is empowered to issue a Waiver of Merger. Since this lot was originally approved by the Planning Board, and has received Health Department Approval, it is urged that this Board, as empowered by the Code, issue the Waiver. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ` - VILLAGE DIST.1 SUB. LOT cAve- , 9 FORMER OWNER N E ACR. yY r S W TYPE OF BUILDING �c.(Vlc W1; G1Ff '� � VE' I�cIV1�i �= -c'(Fic> RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 5,61165 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD tb Meadowland DEPTH House Plot BULKHEAD Total i M. Bldg. Foundation Bath Extension Basement Floors Extension Fxt. Walls Interior Finish Extension Fire Place Heat Porch Pool Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage 0. B. TCIVN OF SOUTHOLD XOPERTY RECORD CARD OWNER STREETVILLAGE DIST. SUB. LOT ORMER WR {3 N r E II A'CRR, 0,,54 W TYPE OUILDIN �EY��hG�v_Ski . .T�F Borx !/VOG4 RES O SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 16 O O O Ll ► 1 L✓ �O J ILL X4_,00 - SO-U. co -- Y, V7$ / 9 G /2 e o 4 J a -L 65_45 /Q-CQ.toa 12, pP C� B CONDONi ,; Zf4E9836��1a'v �� fiAr Tion E .c', a,cco NEW NORMAL BELOW ABOVE s Ce rsdi Recess rjar&ja FARM Acre Value Per Value Acre _904:2TP37z -5�� O. er Ac, �o�{rJY•. 1�.. pGrv�ca�< - N�e Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER -- - Brushland FRONTAGE ON ROAD ROAD House Plot DEPTH BULKHEAD �� ' DOCK - y5l COLOR TRIM r ■ FoundationZtj Both Dinette Basement Floors K. ln • d Walls I/ • �—_ Place • ® TO 0 4WA6R. Porch S • • • '.• '•• • •• �® Porch —_ Dormer Garage • - Breezeway Driveway • ' Patio •Total �� Ala.. 61HIP.Jo RES, EASEMENT4 . EAST I SLS (M UNUEH3RCHJND UTiLfTit`R NOT,"AIDMARE NOTQUARAN• - 9Co -Zr 7 ` • VGzUFP5K1 SE{ TIC N!A'1'ER M IN, NEU I_<jc::;lTh?Pdu RE AS PER OTH�=RS D . AIl[ NOT GUARAN ED K " w o R SUPPtrAND ItG1 o �. `. (A 0 ,�� OiSP(U SYSHMNA FOR -if ltt(ON M a ° lu a; o ir?f SiANDAR!'DS Of IN[! FM ' QUUN;Y DEPARiMENI OF qN z wct.. [i J _/ N ,ewe f�. � t ? �7F.S-r1ICA r.. SaLlmlul fP a0` . ED ��' ' W d 1 N 'L CoAE u, f n LV w rn U l9 �� p�, PAL e A� 2 a � LL 0p i dQ O CFc : i .3 r ^ ems. Qt N \o � '� • xw /O q 67- zt7 . 22 / " ] 1 1 l 1 a r G r SUP-\JE:-4 OF I- 4AJp �T MATTI rUGI< -roWrJ OP7 SOUTHOLo SU�1= ` � G O U iJ T�4 +J E W --I O F2 IK e SL-rM '. 1000 - 10-7 - 1 - 5. 2 Ir CERT I FIFO -MD 12 N Q u a• .Sec, ' • LO 1_p 7Z SHAW 4 VE - t 4 Imo(.- r P, 10i amu."M•" ,' F': EXHIBIT I PAVLAK - WAIVER OF MERGER APPLICATION /v DIST. SEC. BLK. LOT SIZE ACRES 1000 107 8 39 . 34 1000 107 8 40 . 33 1000 107 8 41 . 34 1000 107 8 42 . 25 1000 107 8 5 . 25 1000 107 8 4 . 36 1000 107 8 3 . 50 1000 107 6 14 . 38 1000 107 6 13 . 53 1000 107 1 22 . 75 1000 107 1 21 . 50 1000 107 1 5 . 1 . 34 1000 107 1 5 .2 .58 (PAVLAK LOT) 1000 107 1 4 . 1 . 38 1000 107 3 14 . 33 1000 107 3 13 . 15 1000 107 3 12 . 36 1000 107 3 9 . 2 . 50 1000 107 3 8 . 25 1000 107 3 7 . 25 1000 107 2 7 . 53 1000 107 2 6 . 50 1000 107 2 5 . 93 li-�r-m u m SLcxo.laL ]-la rJl.n [Sa3.0G° .O l•F(1 q•!♦ SCE RC. X0. A _ YI1CN LIVE MATCH LINE via 17- LACK Y<AOm 44"311 ZJJJ ` y L•+ <`• S..3 y • - q_!- `I • [! S. 2•L' ,I O0. yi `n O •-tsR vas u•Id e f L a O L y1<I •Ce "011<t\ Icy 7•f K tq couxn or auMEN S.f t°��,n1i< s.ir.ex M/C( 3•T. IoevEuweXr XlaxTn !.°• Co\ _♦ : p I1.TLYt � aOA ® E. `-11-05 ref Serfs r/��]] s •t!Y \-• °\ l APB` zP.vin _ m • —N— I 3 [ h L-!_K $Nar 1 ,,.fr-K s 9�s a• aWl' z.L • �q�°\ \ooh\ XI R add • sWv a\ • "•9 •� 9-n-}i 4 .1 f• L"h\<\ y + �A Y•a 0. O INA ft List) - •A [ 6� ry<a-p �o 1Y01 L s= `6_ qf� +•'°yL•\ eon F 1i 9 .e lT.T Plvl , \ W N {pX fIPCSL Y0. LT•lLt A � 1 n. c SLL %C.X6 I M1 Yp [•9 i IOL-01-001.1 j �• \ EO •u• <nT 0 a 5. _ \ ti 11 Y`y•f•\ N.I ! J\h f\ \� \t ♦\0 \ \iq ° •L�\ • <L!OM ?�!N �Pyy a nn s 16.<3I <I 376 7V nu ,4 Si �` 1+ •>1 ,a `Y • i• p \! a.0 Y11 r n •• " f♦!<': y/ w \ f f • i J ♦• L \• ♦ aa.W .! 0 <_ •. �.o� \may 4 y = •+ • ..+ " ♦ AA .qp Y t d • il.bl s • r •°�' 10 �\a° ti a4 � 4 .,J<•L h T t 3 �a k o ♦y L � L ! PP � _ ff.WW 5 IT GS • ..v »d• \pp s FJ d xe.Yl<I Y 4 p4.. \.\ p sb., c. +L►L0 ,J a iiP\ • �4 I i \y"\:•3\ .\ L 4 1sT ••.. 4 W�P� \ <�poY� �. " yy- •t °''1 .Lp,°' A� ,9 9tj° .0 _ 11.10 18 a I'4 , vro id' •r'Y.c ; L• a i. z •.\ p� �'+' h ad. d�•+�• t1 + n Ia•�'••ti ♦ 1 ✓'L.r"` ! T . q u '� s _ 1t � P t. 'sP`, \!p1 4y /i.�Fy ,.,, � • iy ?> '\ `! Lf -1! 1 n . �' ..• ^, faX fYPCCL HE \ '< ♦ �9 q\• a a ,A " y a n w.I L� SLY. �S L••n1 Y' • � \\ \ q1L ^ 1 L+ \ afv / e y/u ,..� \<y 4F • ,f' t / •Tal — _I 1. 3¢o�a.i 1\�!.:• _ s ,> \•�` ANN, � !'-cmc .zs ,•. 'i s / �... _ d • y°'at __ arm _ F ✓ MATCH LIRE LINE - R 1\� d •� • TCN LIY[ J\ iI _ ♦ -h\+ t , Wsl l \ w eT •nrt9[E YG Hent 4 F. YE YC'1q II• / \ nm L„o`hd 11•< 'F' t• `TN[N`NA [IST.I<T3: it YYI.<u• IILTw�•W aNmL • ^ ys'""A"y^..' ru•I err A RL L.ET N tat w � T ONTO•< `9 sn RENAME few L•Raed Aar YP •... TI 0 TORY of SOUTHOLD sernvx rm. _ _ _ _ O COUNTY OF SUFFOLK 107 -f — MIialOniY LW--. N••�IT�0.YL1� � GrrLW rin°In1.LW N YOIaEL YREL.IL. O•�n.(�0� 1•�LW __� asss,C YLW LMw•OuwW--A.—_ O.I OTT Q O tm YIVLLGEOP _ sNa.LNNA. ON ..`w RANN'- - L•LL. —__ LhNCNnLLW _�-_ LL•r Q . ..Pl�h. u. „Y ® Real Property cService Agency IQOO - I ...INN�L.u.. _ _ vu Riverhead,L. I.,Nevi York PROPERTY MAP X•J••Yr.Penglr•Y S.IPr .--^. SI.aLw _ Mp.wn L•. r — r.•Yr a 0•nNANN I>we YY•w,r•NN Ya RIl ualr•� Is NI M•1G�41I� ! • D is L: i�' � �, GARY FLANNER OLSEN ! KP 19 COUNSELLOR AT LAW PO, BOX 706 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 F1_6 f- r7 ',`1 SEP I S I�6! Flu If September 19, 4 96- Re : Pavlak - Zoning Board Dear Linda: Enclosed herewith please find the following: 1 . Affidavit Confirmation of Posting. 2 . Extra copies of subdivision map approved by the Planning Board showing the date in t er right hand corner. Very tr 1 yours, 1 G � Y FLANNE O EN GFO: lmk Enclosures Linda Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 BOARD OF APPEALS:TOWN OF SOUTIIOLD -----------------------------------x In the Matter of the Application of Henry J. Pavlak, Jr. and Florence A. Pavlak ------------------------------------ CONFIRMATION OF POSTING I, Florence A. Pavlak , residing at Grand Avenue, Mattituck, New York being duly sworn, depose and say: That on the 19th day of September 199 6 , I personally posted the property known as " Grand Avenue, Mattituck, , NY" by placing the Town's official poster* Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held September 1y 1996. ) Dated: September 19 199 C (signature) Sworn to before -ne this IORRAINE KLOMR Nowt puo1w,Sten of New Ywk 19th ay of September 1996 No.4e2e37e pusiff",o Suffolk county � CemmiMwn Expires Nov.30,19W_ NOTARY P LIC *or within 10 feet of your front. property line ( on your property facing the road or right-of-wav ) . / MAP OF PROPERTY SURVEYED FOIZ �yu�ski HENRY JOHN - PAVLAK AND FLORENCE A . PAVLAK A7 n z U r.. M ATTITUC K TO`NN OF SOUTNOi,Oi N .Y. a . ° m n O f m SCALE : Sp' : l�� � •�j a _ i n � APEA : 0:9265 ACP-E p a MOeIUb'fENT � ��'� Z 'ti Iv o � x%p r r r it Guaranteed t°' Guaranteed Title Utvisi011 - AmeeiCcyn Ttflc ln5urartce Co , and Southold Savings G'anK as aurveyed July 3i , 1969. VAN 'FitYl SON i License,3 Labe 5 . rve�5 Greea40%-t 4015 L m Ix-�3-a m 'T-16 a u. SJ/-T A AS yQ\ , x•) Q SEE Kc. Z M0. 100 f6 rGlq to p;iy R 8 + lA R•• b-Xai Z _ LNE — MATCH Z LINE ..'CH LINE naaa a .y M z•3 •al MRLL MG •-zhrt w .A II I. a• r• t u, e if E a O sart•\ rYet I " o .E%52 M/ P P ).. or Sur<zaa • - it-saa 4 Ls lochum : eruaaexr aalm '•4 a°• t ^�J 3.0A ,.)• e0'Of yl<t 7•.r.c Sde.•3 .M 1 }I•-tl sa-ai 'v x•3 e.hA Sr-/I L �. v ., I •.. �.yr. �• E R PO' ,l e.BIN A .F > • La-Z~\oo bit if x•.aAlcl \` In dW a�.tr • 2.11 d \o. IDx 5 t SML• ,•R Yt w al �n-fl vealcl ' r r>� r•'\ 43H\ I �•`� f TSJb - Jf •S w♦ Y• •• e0 w 621$ q.u-EE � • \d'♦ z.W131 t ,. >•♦ �'u- ,J> RTM.\ adx .o J "^. L 1x •'`� 9 •• <[ <•!C Al s.iA ? • "VI •s 04x xx.l Alt) HAS A.CzL.0. ••• t a r tT•W. J� xa i. v EE IS. N. S.o♦ > J o r.le�•I : 4 J •• \ O • •� f i.n Its. .. o $' _ n I \• t � 4 W 1\ v°riL`\ . J ♦ i\•• d \\ 'iP `m �>r'a ) .w r =r • Is "� •.. . J ♦ c vhWO Troll a � i �i . N.1 .d ,f \0 Sgf1160- j IS.ulct 376 •,F• \ � y J J .•♦) r \> \• I nuW '2 ° i • s os ba 4 � ;• . i s • , ♦A � .i• \3/ pT \\ \ ir.\le •`/ a a• A r \tT R• \Y t .l �2.a \< `• ,r,y WE ) 4•�` .\) ` •°` /�"� ^ �\:lL J © N: •t t km ^• 3 uM<I i d '� • ,•�y<\ �, l!`° 1� \ S UT• O P• `oe�• Mg 4 ♦ .,J > x. ,r•3A \ n ♦ x< •¢ OP < t W -C ..\) ♦\5 IJ i o i` \ _ yl9 s v1•. .{\ '\° )) bd• LR< ' )� "t y `.,.9 •, ,FNPM' I .r poi � < .<Re .Eke •+-a \• ` d s• O .\•. .; � ' a '\• + � ?LJ - ••�nt J a S :_\> ry a` ls, L .Y I r+ N• .•F•>a 1 -o i. 8� : r •rr r xo.IAl<I p vi I � �.. ,,, a� .\ \•- • \ \ v pL lI ^x.,MI e• ♦r - p`O •. >' r S 11 .y - e •P 9 mi n,¢L n � \e. r y �" E4�•. I LIr -+' •' 3'ec` /1 •\hWL JS. r >•ye\ LP' X I n.-oa-oola a ' :\ ^� .r .!�` e•.J�rzI � -ir. ' /� ��_. i'+,e , / (` - c _ g \A. - ♦•'• _ m w _ e Ana® ArCll y LIxC •\\�, 'J" • .•rAi .N EE ma MC ♦S ✓ PATCH LIRE . A 1\9' i • u.31 //�� y� 9¢SC UO.Iw � • y. SCE EFL N611♦ _♦1.1 .j1f- i, i u .1......r r •••� wp Ym[ n LUMI qr ei3: Wx , _ \L no, NoO.M P XXT TI t, ls• n L MAIN r...r Ar L...nd rxT WY .n L•Mrd •� YOIAEL CASES. IN. n••�e�9.LY rL� �'� ••wwW --f-- xwr Pr+a u.—.x— i,L.Ir�Vw p•1 < © COUNTY OF SUFFOLK TOIx oP SOUTHOLD srnoH Ho. .lau/< e�..•G�e��� Tx�LY. wr SrrW —i-� •w.a•w.LI�_�a.�_ Yfe�r PILLAGE OP PPIOPIR�TY �_.L— „_„� © ,r„�� ® Real Property Tax Service AgencyWI.Nr.ulY. --- LIF w�•.LIQ �` �n w �.< �« ruFwrxn C•xnly Gnly 1000 oa� �r rL L— M1w wlrr r uau •• H• Rivrhaod, L. LIN Yoh MMP ..� _ •. .u..•..L� __a•—. v..�o.....Lr _<__ W+�SMrW ml u+.r o.../u.r. o ha-i✓'i ass— _ yr -,yx .�:.z -H's. r a:r:I+. w"a.x, ;, .<.. •:..Oi`ai,r.:n. ,yam.. .: s.'n.?ze- - l s ,!: /.* ,av�i. - _ _ a. .. _. v .-an :-. _'..- ...s t :f. x'4 ..y. H'.". L:^. 'w•. - .4L:;.. Jul V-S ale subjecC to sue uieiger piovisions of § 1 25. § 100-25. Merger. [Added 11-28.1995 by L.L.No.23-19951 A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) ' feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000)square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board,or (3) If the lot is not on the maps described in former § 100-12,' the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date,or -_ (4) If the lot is on the maps described in former § 100-12, the nonconforming lot line been held in single and separate ownership from January 1, 1997, to date. D. Proof of merger. The town may require a person seeking determination of merger to provide any or all of the following documents for evaluation: (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax mnp and survey of the lot. (3) A copy of the original survey of the lot. (4) A title search allowing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($26,000.)of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the town until thin section has been complied with. The Building De- partment will issue a written determination whether a property falls within an exemption to the merger provision. § 100-20. Waiver of merger. A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III APPEALS BOARD MEMBERS y��S�ff8jt�� Southold Town Hall G Y ��+ 53095 Main Road Gerard P. Goebringer, Chairman o '° P.O. Box 1179 Sere Doyen James Dini io. Jr. O N Southold, New York 11971 Robert A. Villa '�0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 6, 1996 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 Re: Appl. No. 4418 - Waiver for Undersized Lot (Pavlak) Dear Mr. Olsen: Attached please find a replacement notice (sign) which should be posted on or before Wednesday, September 11th. This is to show that the hearing has been moved to 7:55 p.m. The day of the hearing, of course, remains the same: September 19, 1996. It is usually preferred by Board Member(s) to have the sign remain in place until the day of the hearing (even if the minimum 7-day posting requirement was met) . You may want to bring extra copies of the subdivision map which was approved by the Planning Board's March 12, 1970 letter since this apparently was the basis upon which the deeds were prepared. (The copy furnished to us has the year cut off at the bottom right corner. ) Please note that in considering a waiver request for a deeded undersized lot, the Board of Appeals will not change or modify the original lines of the deed, and/or the subdivision map by which this lot was originally created. Please feel free to call any time if you have any questions about the review procedure. Very truly ,yours, Linda Kowalski Enclosures (Personally Picked Up 9/9) BOARD OF APPEALS TOWN OFSOUTHOLD • ParcellD#1000-1073. 100-239.48, variances for re- NOTICE OF HEARINGS 17-2-1.13 (known as Lot 2 and -7:55 p.m. Appl. #4418- duced setbacks in the front yard, Part of 5, Stern's Subdivision j FLORENCE PAVLAK. northerly side yard,total of both NOTICE IS HEREBY Map(10/1/93). Based upon an August 27. 1996 sides,and setback fnambulkhead GIVEN,pursuant to Section 267 7:40 p.m. Appl. #4414 Notice of Disapproval issued by for proposed new dwelling,and of the Town Law and the Code DONNA IGLESIAS the Building Inspector.applicant (b) a waiver under Article ❑, of the Town of Southold, the WEXLER. Based upon an Au- is requesting a Waiver under Section 100-26 for this lot con- following applications will be, gust 21, 1996 Notice ofDisap- Article II, Section 100-26 fora sistingof22,500+-sf,ascreated held for public hearings before I proval issued by the Building parcel containing a total lot area by„deeds subdivision and 1983 the SOUTHOLD TOWN j Inspector,applicant srequesting of 25,000+-sq. ft. The basis of diR3tl.Location of property:960 BOARD OF APPEALS, at the variances under the Bulk Area the Disapproval is although this ! Willow Terrace Lane, Orient, Southold To wit Hall, 53095 , Schedule, Article IIIA, Section lot was approved by subdivision NY,also known as Lot#2 on the Main Road,Southold,New York 100-30A.3 for approval of Lots of the Town Planning Board Map of Willow Terrace,Section 11971, on THURSDAY,SEP- I and 2,as proposed,each with March 11, 1970, that, between 1;CTM#1000-26-2-21. TEMBER 19, 1996, commenc- insufficient lot width to the new July 1, 1983 and April 14, 1985, 8:20 p.m. Appl. No. 4420- ing at the times specified below: division line and insufficient side this lot, identified as 1000-107- LINDA FESSMAN as 7:15 p.m. Appl. #4389 - yard setbacks from existing 1-5.2 was held in common own- TRUSTEE, Baseduponallo- TIMOTHY GRAY and dwellings.Each lot is proposed ership with an adjoining lot, tice of Disapproval issued by the JIMBO REALTY. Hearing to contain a minimum of 40,000 identified as 1000-107-1-5.1. Building Inspector August 28, carryover. sq, ft. as required in this R40 Street Address: 3755 Grand 1996, applicant is requesting a 7:20 p.m. Appl. No. 4407- Residential Zone district.Loca- Avenue,Mattituck,NY. Waiver under Article 11,Section HUGH and ROSEMARY tion of Property: 8335 Main 8:00 p.m. Appl. #4418- 100-26 concerning this parcel of MURPHY. Hearing carryover. Road (Route 25), East Marion, RAYMOND REALTY CORP./ 7:30 p.m. Appl No. 4402- NY;County Parcel ID#10000- MICHAEL'S PONTIAC- 26 j00+- sf, identified as CTM BARBARA KELLY. Hearing 31-2-32.1. CADILLAC OLDS. Based #1000+- sf,-1,which has as CTM carryover. en 7:45 p.m.Appl.#4413-EVA upon the June 16. 1996 Notice _ held in common ownership with 7:33 p.m. Appl. No. 4415 MULLINS. Based upon the of Disapproval issued by the CTM#1 THOMAS BALL. Based upon August 13, 1996 Notice of Dis- 000-LIS-6- another after July lot,ot, I, M#1 This prop- an August 21, 1996 Notice of approval issued by the Building Building Inspector,applicant is Disapproval issued by the Build- proposing to remove the exist- erty is located at the comer of ing Inspector, applicant is re- Inspector.applicantis requesting ing ground sign and in lieu the :Main Road (#18400) and questing a variance under Article a waiver under Article 11. Sec- thereof,is requesting a variance Cardinal Drive, Mattituck Es- XXIII, Section 100-239.4B to tion 100-26 for a single parcel 1 under Article XX,Sections 100- tates Filed Map, Lot #5, at locate a deck addition within 75 with a combined lot area of 205D(7)and 100-206-B for the Mattituck, Town of Southold, feet of bulkhead, at 1890 (w/s) 31,250+- sf. The basis of the i placement of a new ground sign CTM#1000-115-6-1. Arshamomaque Avenue, Disapproval is that this land area, which will exceed 24 sq. ft. in 8:35 p.m. Appl. No. 4397- identified as 1000-77-3-5,6&7, area, and be intemaliv illumi- ALLEN W. OVSIANIK. Southold.NY:County Parcel ID was created b deeds nor to Hearing carryover. No. 1000-66-2-46,also referred y P nated. Location of Property: 1983,however,some time after 42155 Route 25 (Main Road), The Board of Appeals will B as Lot 4 on the "Map of eixedon Estates,”Block 7,filed 1983 this land has been,and is, Peconic, NY; County Tax Map at said time and place hear any in common ownershipwith an and all persons or representatives 1946 with the Suffolk County Parcel ty adjoining 40,500+- square ft. 8:10 p.m. Appl. No. 4412- desiring to be heard in the above Clerk. This parcel contains a applications.Written comments nonconforminglot .area of areacation of Sus 1000-7operty. ROBERT H , 1996 N Based pp Location of Subject Property: upon a July 24, 1996 Notice of may also be submitted prior to -1,071 forming setback etba d has kfrom the ne - East side of Pine Avenue and Disapproval issued by the Build- bulkhead, uild- the conclusion of the subject bu khead,as exists.from the new westerly side of private right-of- ing Inspector, applicant is re- hearing.The above hearings will way at Goose Bay Estates, questing a variance under Article not start before the times desig- 7:37 p.m. Appl. No. 4411- Southold.NY;Zone District:R- IIIA. Section 100-30A.3 (100- nated. and some may be JONATHAN and MARGAa 40 Residential. 2448)to locate-proposed addi- carryover hearings. The filets) RET STERN. Based upon - 7:50 m. Appl. No. 4416- may be reviewed before 3:45 June l9, 1996 Notice of Disa - P' PP tion with a e required ii)feet,at P NANCY E. BUTKUS. Based less than the required 40 feet,at I hear The scheduled date of the proval,applicant is requesting - upon an August 28, 1996 Notice hearing for updates or new in- variance under Article III, Sec- p° 1085 Bay Shore Road, Peconic formation.If you have questions, tion 100-33 to locate an acres- - of Disapproval issued by the Bay Estates, Greenport, NY: please also do not hesitate to call sort'swimmingpool with fence Building Inspector, applicant is County Parcel ID #1000-53-3- enclosure,all located in the front requesting a variance under Ar- 13. 765-1809_ bele 1I.Section 100-33 to locate 8:15 m. A I No. 4419 Dated:September 9, 1996 yard area on this corner lot.Set- p' PP BY ORDER OF THE backs are established in a front an accessory swimming pool WILLIAM A. HANDS, JR. SOUTHOLDTOWN yard area on non-waterfront par- with fence enclosure in an area Based upon a Notice of Disap- BOARD OF APPEALS Deis only by the Board of.Ap- other than the required rear yard proval issued by the Building GERARD P. peals, it allowed by variance. at 3855 Mill Lane near Wolf Pit Inspector dated August29. 1996' GOEHRINGER,Chaimtan Location of Pro ertv: Situate Lake. Mattttuck, NY: County applicant is requesting: (a) un- P i By Linda Kowalski done Birds Eve road a private der.Article XXIV, Secuon 100- I X-912.'96(89) road off the north side of the 244B,and Article XXIII.Section Main Road,and situate along the southerly side of another private richt-of-wav, Orient, NY: - .'ounty Tar Mao Parcel#10000- COUNTY OF SUFFOLK S i -\TE OF NEWYORK ss: I'mricia C. Lullot, being duly 5��orn, says that ,hr is the Production Coordinator, of the TRAV- Ft FR WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- nce of which the annexed is a printed copy, hay been published in said Traveler Watchman once each week for .................................................................weeks cessively, commencing on the ....�-. .. co ........... ..: .... _............................. . Sworn to before me this................... day of .............. .19..... 5 r ............ .^ Gf ! ��.^ ��� Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No.4806846 Qualified in Suffolk Cou Commission Expires 803/98 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : FLOfCrNce. PnjVLPY,, DATE OF PUBLIC HEARING : • 5EpT.u�slqq6. P`M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD (516) 765-1809 UN b ef S t Z�.n LOT 5 ► 2�.. APPEALS BOARD MEMBERS gUFFO(�c OG Southold Town Hall Gerard P Goehringer, Chairman 53095 Main Road Serge Doyen w Z P.O. Box 1179 James Dinizio, Jr. �� Southold, New York 11971 Robert A. Villa .lj�� ��p Fax (5 16)765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 19, 1996 S. E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4418 Project/Applicants: Florence Pavlak County Tax Map No. 1000- 107-1-5.2 Location of Project: 3755 Grand Ave. , Mattituck, NY Relief Recuested/Jurisdiction Be-Fore This Board in --his Project: Waiver request This Notice is issued pursuant to ?art 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 lis-4 of the Town of Southold. An Environmental Assessment ( Short; Form has been submi`_ted; however, Section 617 . 13 of 6 NYCRR Part 616 , and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617 . 13( a) as amended February 14 , 1990}-. Although this action is classified as Type II for this variance application under SEQRA {specifically 617 . 13, 616.3 ( j ) , and 617 . Z ( jj ) 3 , this determination shall have no affect upon any other agency' s interest or SEQR.A dete=ination as an involved agenc_7. For further information, please contact the Office of the 30ard of Apreals , Town Hal'_, Main Road, Southold, NY 11971 at ( 3'_6) 765-1809 . Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed `�n ZBA project file for record purposes . JUDITH T.TERRY Town Hall, 53095 Main Road TOWN CLERK (1� Z P.O. Box 1179 Southold, New York 11971 •REGISTRAR OF VITAL STATISTICS �" MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER �l )� �a d, Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICERfrl) 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. 4418 DATE: AUGUST 30, 1996 Transmitted is an application for a waiver submitted by HENRY J., JR. E FLORENCE A. PAVLAKtogether Notice to Adjacent Property Owners; Zoning Board of Appeals Questionnaire; Notice of Disapproval from the Building Department, survey, and other relevant documents. o� Judith T. Terry Southold Town Clerk GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 August 28, 1996 Re : Waiver of Merger Application - Pavlak Dear Linda: I am enclosing herewith the following: /1 . Application for Waiver of Merger executed by Henry J. `�avlak, Jr. and Florence A. Pavlak. 2 . Copy of Planning Board Decision dated March 12, 1970 approving a two lot subdivision along with a survey of Van Tuyl & Sons dated March 5, 1970 referred to in the Planning Board Approval . 3 . Copy of Notice of Disapproval for the issuance of a Building Permit for lot 1000-107-1-5 .2 on the basis that same has merged with lot 5. 1 . Said Notice of Disapproval issued by the Southold Town Building Department dated August 27, 1996. 4 . ZBA Questionaire. 5 . Six copies of survey for tax lot 5. 2 approved by the Suffolk County Health Department for the construction of a single family residence on July 26, 1996 . 6 . Copy of current tax map. 7 . Copy of Deed dated July 11, 1969 conveying premises to Henry J. Pavlak, Jr. and Florence A. Pavlak recorded in Liber 6585 Page 189 . 8 . Copy of deed for tax lot 5. 2 dated April 19, 1985 to Florence A. Pavlak. 9. Copy of Farmer' s Home Administration Option to Purchase Real Property for the sale of tax lot 5 .2 executed by Florence A. Pavlak as seller and Charles J. Avondet and Deborah J Avondet as purchasers . '10 . Notice to property owners with postmarked receipts . 11 . Check in the sum of $150 . 00 payable Town Clerk". Very tru y�ytours, GARY FLA OLSEN GFO: lmk Enclosures Southold Town Zoning Board of Appeals Attn: Linda Main Road - Town Hall Southold, NY 11971 HAND DELIVERED LOT CPE- /9-TI6 [\J NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : MENGE P�+ VLAK t,� DATE OF PUBLIC HEARING : "Urs. ) P 6e1 . IQ , 1 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a m and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD (516) 765-1809 II � � S17 EE� l hT i BOARD OF APPEALS. T014N OF SUUTIIOLD In the Matter or the Petilioo of NOTICE h _ — '1'O to the Board of Anneals of the Town of Southold i• William and Bertha Lewenboski PROPERTY owrlEll TO: Thomas J. and Elizabeth R. Williams, Jr. 'James H. Cohill Mr. and Mrs. John A. Polyn ,Michael and Nancy LaRocco qp# le G� fM and Jennifer Kruse Y YOU ARE HEREBY GIVEN 1101 ICE: 1. That it is tire Intention of the undersigned to petition the Board of Appeals of fire Lown of Southold totequesl a (Variance) (Special Excepfiou) (Special Perinif) C05-61le-t-Y Ieircl.e choicel Waiver of Merger 7. That the property which is the subject of the Petition is located adjacent to yoof proprrly and is des- cribed as follows: Suffolk County Tax Map Nos 1000-107-1 -5._L and 5.2 (bounded on the South by Grand Avenue, East by Williams, North by Cohill , West by Lewenboski ) 3. That the property which is the subject of such Petition is located in the following zoning distrin: R-80 ------------- I 111.11 b1 such Petition, file undersigned will request file following relief: Waiver of Merger 5. That fire provisions of the Southold town zoning code applicable to the relief sought by five under- signed are Article, II Section 100-25A_4nd 26 ____ ------- 6. That within five clays front the (late hereof, a written Petition requesting the relief specified above will be filed in the Southold Town clerk's Office at Main Road Snutbold, New York arid you may Then anrd Ibrfe examine the same during regular office hours. (516) 745-1.809. 7. That before the relief sought may he granted, a puhlic hearing must be held on the matter by the lloar d of Appeals; that a notice of Stich hearing must be published at least five days pfiof to tine date of such hearing in the Long Island Traveler-Maltituck Watchman, newspaper Published In the Town of Southold and designated for the publication of such nohices; that you or your repfesenlative have tine right to appear and be heard at such hearing. bated: August 28, 1996 ('rlitioner ��� owners ' Nanfes : Henry. J. Pavlak, Jr. and -FTPost Office Address Ore • Pavlak P. 0_ Bo-�L962.. rrandi Ay-p— __- __Matti -_-- Tel . No . (516 ) 298-4570 [Copy of sketch or pian showing propasal to be af; f:ached for cnnvnnlence Purposes . ] PROnF Or MAI"NG OF NOTICE ATTACII CERTIFIED MAIL RECEIPTS NAAY ADDRESS William and Bertha Lewenboski 3405 Grand Ave. , Box 739, Mattituck, NY 11952 Thomas J. Williams Jr. and 5175 New Suffolk Avenue, Mattituck, NY 11952 Elizabeth R. Williams James H. Cohill 64395 CR 48, Greenport, NY 11944 Mr. and Mrs. John A. Polyn 31 -56 36th St. , Astoria, NY 11106 Michael and Nancy LaRocco 3300 Grand Ave. , Mattituck, NY 11952 Jesse Gaffga and Jennifer Ann Kruse P. 0. Box 124, Cutchogue, NY 11935 Jeffrey Bratisax 8 Roland Court, Lake Ronkonkoma, NY 11779 w SVA IE OF NEW YORK 55.: COUNTY 01= SUFFOLK Lorraine Kl opfer residing at 2140 Delmar Dr. , Laurel , NY 11948 ——_-- being duly sworn, deposes and says that on the 28th day 19 qF , dcponent mailed a Ifue copy of the Notice set forth on the re-sick hC1Cnf, directed to each of the above-named persons at the addresses set opposite their respective molts; that the addresses set opposite the namcs of said persons are the addresses of said persons as shown on the Cr.rrCtlt asiGh1nCot 1011 of the Tawo of Southold; that sold Notices were nlailcd At file United States Post Of- fice at _Cutchogue_ _ __ _; that said Notices were mailed to each of said persons by (cC/tlh Cd' (rcgihl Crcd( Illail. Swum to bcfo me this Notary PI ; ' fs sty P�u1te,5ieta���YaAt � r1c+r1!fiad In S 3i�e Gh� F"�l"�a' ( ll, is side does not have Co be completed on form fra(Ismitfe.d t-o adjoining property owner' s . ) P 393 887 879 P 426 745 823 P 426 745 a24 P 426 745 827 P 426 745 828 US Postal Service us Postal Service P 426 745 82L. US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail se No Insurance Coverage Provided. - No insurance Coverage Provided. Receipt for Certified Mall Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. -- No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse) Do not use for International Mail See reverse Do not use for International Mail See reverse Do not use for International Mail See reverse 9 9 At t s Sent to Do not use for International Mail See reverse Do not use for International Mail See reverse J tty1 oGRIFFIN &JENNIFER ANN sentto O KI WbMAS J. WILLIAMS, JR. JAMES H. COHILL Sent to Sent toFRFY -_ Krol StStreet MR. AND MRS. JOHN A. POLY MICHAEL AND NANCY Street&Number E sues aNamber ree &Number 64395 COUNTY ROAD 48 Street&Number Street&Number 124 Post office,State,&ZIP code 31-56 36th STREET 3300 GRAND AVN Post Office,State,&ZIP Code Post Office,State,&ZIP Code P1atrii'tuck, NY 11952 GREENPORT NY 11944 Post Office,State.&ZIP Code Post Office,State,&ZIP Code CUTCHOGUE, N" 11935 LAKE RONKONK(MA, NY 1177 Postage $ Postage $ t ASTORIA NY 11106 MATTITUCK NY 1 Postage $ 3 Postage $ 7 Postage $ 3 Postage $ j Certified Fee l(7 Certified Fee (0 Cerfified Fee /CZ7 Certified Fee ( a Certified Fee /(� Certified Fee /� _ Special Delivery Fee Special Delivery Fee r Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee i Restricted Delivery Fee Restricted Delivery Fee N Restricted Delivery Fee N Restricted Delivery Fee N N Restricted Delivery Fee Restricted 0 Y rn O1 Return Receipt Showin m Return RK " i °' Return Receipt Showing to N ,n .? o> Return Receipt Showing t �Q, OZ m p Y /a �r !(� rn P 9 Wham&Date Deliv J _ Whom 8 ) ( _ Wham 8 Date Delivered E m Return Receipt Showi % Return R to tS = Whom&Date Delivered 7 _ E Whom BDate Deli E N whom e a Retum Receipt Showing(o tri L Retum Receipt She n Return R w' d) a Rehm Receipt Showing to Y < Date,8 Addressce's Addr u� < Date,8 Addressee' <F < Date,8 se's A t► < Date,8 Addressee's j 8. Retum Receipt 7 $ Rehm R rg r p < Date,&Address s ¢ Date,8 's Addres O TOTAL Postage&Fe $ O TOTAL Posta as O TOTA ge&F O TOTAL Postage& $ O tTt O W O s O O TOTAL Posta as O TOTAL P Postmark or Date Postmark or Da ?-ostma rD t0 Postmadcor Data OD ry - S` Q5 E 5 Py E th Postmarkor Da V ^ostmark or o US LL u5Q US N USPS ° USPS a rq a -r. a err- . I i ,e i J QUESTIIMMAIRE F4R 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 she=_t may be attached. ) Florence A. Pavlak and Henry J.Pavlak, Jr. Charles D. Avondet III and Deborah J. Avondet P. 0. Box 962, Grand Ave. 24 Bergan St. Mattituck. NY 11952 Ronkonkoma, NY 11779 B. Is the subject premises listed on the real estate marxec for sale or berg shown to prospective buyers? ( X ) Yes ( ) No. (lf vas, 131.EZSH dt' =rh cony of "condi."'^T=om" of SAe_ ) Presently under contract of sale (see attached copy of Famers Hare Administration Option Agreement) C. Are there any -proposals change zi alter land ( ) Yes ( ) No D. 1. Are there any areas which cant=in wetland grasses? 2. Are the wetland areas shown on the man_ submi=t=-d with this an_olication2 N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A , 4. ' If your property contains wetiands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdict±an2 N/A E_ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above me=n sea level? N/A (If not applicable, st=ate "N.A. " ) F. Are theca any patios, concrete harriers , bulkheads or few--q which e9._i_st and are not shown on the survev man that you are submits-ng? ' Nnna If none exist, please state "none_ " G. Do you have any constz-ut.�on 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 Depar anent. If none, please state_ 13. Do you or any co-owner also awn other land close to this parcel? No If yes, please e:cplaia where or submit copies of deeds. I. Please list present us or operations conducted at this parcel vacant land residential parcel and proposed use residential AuCnorizea signac=:e ana DaC § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold- TRUSTEES — The Hoard of Trustees of the Town of Southold- (.added &d.84 by L-L. No. 6-19841 NTE Lk.YDS (Amended 8-26-76 by L.L.No. 2-1976: 3-26- 35 by 1.7. `fa 6-1985k .L i1DAL WETLAIUDS. (1) All lands generally covered or intermittently env- ered with.or which border on. tidal waters.or lands lying beneath tidal waters, which at meats low tide are covered by tidal waters to a maximum depth of five (5) feet. iticluding but not limited to banks. bogs, salt marsh. swamps, meadows, flats or ocher low lying lands subject to tidal action (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass. saltworts, sea lavender, tall cardgrass. high bush. cattails, groundsel. marshro-11nw and law - march corzlgass:and/ar (3) All land immediately adjacent to a tidal wetland as defined in Subsection X1(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS. (1) "Freshwatar wetlands" as defined in Article 23. Ti- . tle L. § 2.-0107. Subdivisions t(a) to I(d) inclusive. of the Environmental Conservation Law.of the SLzte of "eNv York: and t (2) All land immediately adjacent to a"freshAvauer wet- land.- as defined in Subsection B(1) and lying with- in seventy-live (75) feet landward of the most land- - r ward edgc of a"rreshwaEer witland." 9105 � .3-d3 Enron FmHA 440-340 position 5 • FORM APPROVED /(Rev. 2-86) OMB NO.0575-0059 UNITED STATES DEPARTMENT OF AGRICULTURE Expiration date avail.on request. FARMERS HOME ADMINISTRATION OPTION TO PURCHASE REAL. PROPERTY 1. In consideration of the sum oft 100.00 in hand paid and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned (hereinafter called the "Seller"), who covenants to be the owner thereof, hereby, for the Seller and the Seller's heirs, executors, administrators,successors and assigns, offers and agrees to sell and convey to CHARLES J. AVONDET III and DEBORAH J. AVONDET, 24 BERGEN ST. , RONKONKOMA, NY 11779 (Name and Address) (hereinafter called the "Buyer"), and hereby grants to the said Buyer the exclusive and irrevocable option and right to purchase,under the conditions hereinafter provided, the following-described property,located in SUFFOLK County, State of NEW YORK r (Insert here full and complete legal description, including volume and page where recorded, of the property including any water rights and water stock being purchased.) 4immprthat ntsrthereonlerec pi ce or Lparcel of land, with the buildi��aas and P Ce�, situa e, lying and being in the MattituclC, Town of Southold, County ofSuffolk, State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Grand Avenue, distant 457.12, North 41 32110" East as measured along the northerly line of Grand Avenue from a pipe marking its intersection with the easterly line of a private road, said point of beginning also being where the west line of land now or formerly of Graf intersects the northerly side of Grand Avenue; RUNNING THENCE South 41°32'10" West along the northerly side of Grand Avenue, 100.00 feet; RUNNING THENCE North 22°26'40" West, 113.50 feet to the easterly line of land now or formerly of Smith Pearsall; RUNNING THENCE North 130 06'20" West along the easterly line of land of Pearsall, 166.76 feet to the southerly line of land now or formerly of Krupski; RUNNING THENCE North 730 34'10" East along the southerly line of Krupski, 100.17 feet to the westerly line of land now or formerly of Graf; RUNNING THENCE South 13006120" East along the westerly line of land of Graf, 226.69 feet to the northerly side of Grand Avenue, the point or place of BEGINNING. PREMISES KNOWN AS 7355 GRAND AVENUE, HATTITUCK, NEW YORK The purchase price of $132,250.00 is allocated $50,000.00 for the purchase of the land and $82,250.00 is allocated for the house. Purchaser shall exercise diligent efforts to obtain the required Rural Development mortgage and shall promptly comply with all requests by Rural Development for documentation in support of their application. This option is conditional upon Rural Development approval of Purchasers' application for a mortgage in the amount of $132,250.00. In the event Purchasers' application is denied the Seller shall return the $100.00 down payment paid under this option. This form may M Mad for FMHA applicant lborrowers to obtaln an option on real property to be purchased with an FmHA loan. use of the form Is in lieu of a sales contract and Is not mandatory to receive financlal assistance. FmHA 440-34 (Rev. 2-86) 'The title to said property is to be conveyed free and clear of all encumbrances except for the following reservations, exceptions and leases, and no others: (Insert here a full statement of all reservations, exceptions and leases, including in the case of leases, the date of the termination of the lease, the correct name(s) and address(es) of the lessee(s) and, if recorded, the place of recordation) 2. This option is given to enable the Buyer to obtain a loan insured or made by the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, (hereinafter called the "Government"), for the purchase of said property. It is agreed that the Buyer's efforts to obtain a loan constitute a part of the consideration for this option and any downpayment will be refunded if a loan cannot be processed by Fm HA. 3. The total purchase price for said property is f 1;0,()00_nn ;said amount ® includes Q excludes the f 1M-nn mentioned in paragraph 1. 4. T of title insurance, continued down to the date rea er wnttnue down to and in Seller agrees that, except as herein provided, all taxes,liens, encumbrances or other interests in third persons will be satisfied discharged, or paid by the Seller including stamp taxes and other expenses incident to the preparation and execution of the deed and other evidences of title. Tide evidences will be obtained from persons and be in such form as the Government shall approve. (Strike inapplicable language above or insert herein any different agreement regarding the paying of title clearance charges) 5. The Seller also agrees to secure for the Buyer, from the records of the County Agricultural Stabilization and Conservation Committee, aerial surveys of the property when available, all obtainable information relating to allotments and production history and any other information needed in connection with the consideration of the proposed purchase of the property. 6. The Seller further agrees to convey said property to the Buyer by general BARGAIN & SALE DEED WITH COVENANTS AGAINST GRANTORS ACTS in the form, manner and at the time required by the Govern- ment, conveying to the Buyer a valid, unencumbered, indefeasible fee-simple title to said property meeting all requirements of the Government; that the purchase price shall be paid at the time of recording such deed; and that said lands,including improvements,shall be delivered in the same condition as they now are,customary use and wear excepted. 7. Taxes, water assessments and other general and special assessments of whatsoever nature for the year in which the closing of the transaction takes place shall be prorated as of the date of the closing of the transaction, it being expressly agreed that for the purpose of such proration the tax year shall be deemed to be the calendar year. If the closing of the transaction shall occur before the tax rate is fixed, the apportionment of taxes shall be on the basis of the tax rate for the next preceding year applied to the latest assessed valuation. (Insert here any different tax agreement) The parties shall adjust real estate taxes based upon the lien year beginning on December 1, 1995. This option may be exercised by the Buyer,at any time while the offer herein shall remain in force, by mailing, telegrap- -Sing or delivering in person a written notice of acceptance of the offer herein to (:ARV PLANNER U SFN FSO at '_PO BOX 706, MAIN ROAD in the city of CUPCHOGUE County of SUFFOLK State of NEW YORK 11935 The offer herein shall remain irrevocable for a period of MIR (4) months from the date hereof and shall remain in force thereafter until A19% (4) year from the date hereof unless earlier terminated by the Seller. The Seller may terminate this offer at any time aff19% (4) months irrevocable period provided herein by giving to the Buyer ten (10) days' written notice of intention to terminate at the address of the Buyer. Acceptance of this option by the Buyer within ten (10) days after such notice is received by the Buyer shall constitute a valid acceptance of the option. 9. Loss or damage to the property by fire or from an act of God shall be at the risk of the Seller until the deed to the Buyer has been recorded,and in the event that such loss or damage occurs,the Buyer may,without liability,refuse to accept convey- ance of title, or may elect to accept conveyance of title, in which case there shall be an equitable adjustment of the purchase price. 10. The Seller agrees that, irrespective of any other provision in this option, the Buyer, or the Buyer's assignees, may, if the option is accepted,without any liability therefore refuse to accept conveyance of the property described herein if the foresaid loan cannot be made or insured because of defects in the title to other land now owned by,or being purchased by, the buyer. l�F-egwes-te-Gurxi ,_s,.r ! - ing describe m higtaj-sir d b this option (I) is now frrc of termite infestation and 2 either termite damage or has suffered unre atrc e w ( ) n uurepaircd p' +hi-data' . Sieh is specifieall a certificate. 12. The Seller agrees to furnish,at the Seller's ex en yem the Health Department or a reliable and competent source that the wns[c' em or the dwelling is hmctiuning proper y, sit >>ly for domestic e 13. The Seller hereby gives the Government or its agents consent to enter un said property ut reasonable rimes for the Purpose of inspecting or appraising it, in connection with the making of a loan to purchase the property. 14. Insert here conditions peculiar to this particular transaction. (Se//ers 7r/rvhune Nww..J 298-4570 IN WITNESS WHEREOF, the Seller and the Buyer haVe Set their hands and seals this O day of 19 9-rz- WITNESSES§:: �t4�2 SG" /)���//, / l //am T L.. J /SellerJ' d�(.SeUrr). (Buyer/s -i (Huy r)" unduJ N.Y.B.I.U_Fww 800;-3_69-20M—Bv6prz mid SIe D,,J, vauani .8linvr Gran eoi s Aa,—Ind,v.dml or Corpunuon. y✓'� CONSULT YOUR LAWYER BEFO IGNING THIS INSTRUMENT—THIS 1 STRUM HOULD BE USED BY LAWYERS ONLY. i 9S ILBEp6585 PACE 189 THIS INDENTURE, made the 11th day of July nineteen hundred and sixty-nine BETWEEN SMITH G. PEARSALL and. BETTY T. PEARSALL, his wife, residing at Mattituck, Town of Southold, Suffolk County, New York, party of the first part, and HENPY J. PAVLAK, JR. and PLOPENCE _4. PAVLAY., his wife , residing at Mattituck, Town of Southold , Suffolk County, New York, (- �I,::�, 5,87 15. (� party of the second part, WITNESSETH, that the party of the first part, in consideration of ONE- and 00100---------------- ----------------------------- �>~ dollars, lawful money of the United Statesand other good and valuable consideration paid by the party of the second part, does hereby- grant and release unto the party of the second part, the heirs or u S 29 W successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being itrtkec at Matt ituck, in the Town o P Southold, County of Suf folk and State of New York, being bounded and described as follows : BE:GINS7ING at a pine set on the northerly line of Crand Avenue distant 229.0 feet, North 41° 32' 10" East as measured along the northerly line of Grand Avenue from a pipe marking its intersection with the easterly line of a Private Road, from said point of beginning running along land now or formerly of Smith Pearsall the following courses and distances : (1) North 48' 27' 50" West a distance of 94 .89 feet (2) North 81 19' 50" West: a distance of 9. 30 feet (3) North 41° 32' 10" East a distance of 171.9? feet; (4) North 131 06' 20" West a distance of 166. 76 feet, to land now or formerly of Irupski ; running thence along said land now or formerly ol, Krupski, North 731 34 ' 10" East a distance of L00. l? Feet to land nota or formerly of Graf; runni.nf; thence along said land now or Formerly of Graf, South 131 06' 20" East a distance of '26.69 feet to a rJT—)c, on i,hc northerly line of Grand Avenue ; runninC thence Soubh 410 10" iR-11 alonE- the norhherly line of Grand Avenue a distance of 228. 1 ? feet, to the noint or nlace of fT BtP,6�J�� PAGE 190 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not clone or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: .ami li G., Pearsall Bete T. Pear2aaII i • Ot,' :. 000vJ 1AW .1.'J.}'. STATE OF NEW YORK. COUNTY OF cj' 'j,'V its: STATE OF NEW YORK. CO Y OF as: On the 11th day of July 196n , before me On the day of 19 before me personally-came r , r ll came Wpersonally y T1H G. ICAIt„P.LL and PIE TY T. PFARSALL to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same, executed the same. i 16tar7 Public, RICHARD F. LARK NOTARY PUBLIC, Stele of New York No, 52.7437.500 • Stiffelk County CommissloD EKplrol March 30, 19..:F STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that lie resides at No. that he is the that he is the of of , the corporation described , the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, tion, and that he signed h name thereto by like order. 36acgain anb male ]DeeD SECTION Wil it COVENANT AGAINST GRANIUR's ALIS U L BLOCK TITLE NO. �'. •� � 6'� L07 SMITH G. PEARSALL and Wife '' COUNTY OR TOWN SOUTHOLD '1.0 Recorded At Request Of The Title GuannteC Company Ij_ENRY J . PAVLAk, JR. and wife RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TIRE UNDERWRITERS Dist ' Rud by Gary F. Olsen, Esq. P.O. Box i VIE TIT I GUAR TEkWAIPANY ” r� Mattituck, Now York CHART E REO B9 IN NEW Y RI[ 1 ISS L L; �/ 'J A �1 �gSlow D JUL 15 1969 M. � t(, 00 ll,ALGT County H a >+ S v Iii Clerk of 1 ' ^ to t:'J !•.I Fy , . Va C`2 Fr N I I 1 I 0 0 GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 ( C s-F 10 W6 — --- 58�tember 9, 1996 Re: Pavlak - Waiver of M--rQe,- Our File # 6065 Dear Linda: Enclosed herewith please find the Return Receipt Cards in re the above matter for your file. Very truly yours, Al ��0'GAX AN R OLS /%' GFO: lmk Z Enclosures Southold Town Zoning Board of Appeals Attn: Linda Main Road - Town Hall Southold, NY 11971 UNITED STATES POSTAL SERVICE First-Class Mail Postage o.Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • GARY FLANNER OLSEN, ESQ. P.O. BOX 706 CUTCHOGUE, LI., N.Y. 11935 i I s ' I II rSENDER: I also wish to receive the SENDER' v_" •Complete items 1 and/or 2 for additional services. SENDER ; •Complete items 1 and/or 2 for additional services. I also wish to receive the n •Complete Items 3,4a,and 4b. following Services(for an d q •Com Isle items 3,ba,and db. fOIIOWIn •Print your name and address an the reverse of this form so that we can return thus extra fee $ -Complete items 1 and/or 2 for additional services. I also Wish t0 receive the p g services(for an .. k u a a PpM your name and address on the reverse of this form so that we can return this extra fee): ° Lard to you. t Y :Complete items 3,4a,and 4b. following services(for an a Cent to u ) y > •Attach this form to the front of the mailpisce,or on the back if space does not 1. ❑ Addressee's Address nM your name and address on the reverse of this form so that we can return this you. _ p extra fee): •Attach thio brm to the front of[he nlallpiece,or an the bads if space does not ° permit. card to you. + 1. ❑ Addressee's Address •WriteTatum Receipt Requested-on the mailpiece below the article number. d > •Attach this form to the front of the melipiece,or an the back if apace dose not $a permit. Z v M 4 2. ❑ Restricted Delivery y �r permit 1. ❑ Addressee's Address Zit .Wdte'Retum Receipt Requested•on the mailpiece below the article number. 2. ❑ Restricted Delivery to $ -The Return Receipt will show to whom the article was delivered and the date a •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster 10r tee. m •TheReturn Receipt Reque10Whosted'on the article was delivereow the d and number. 2. ❑ Restricted Delive Nh a O u •The Return Receipt will show to whom the article was delivered and the date Delivery N s delivered. Consult postmaster for fee. $ pt 'm p 3.Article Addressed to: 4a.Article Number a, ° delivered. Consult postmaster for fee. - 3.Article Addressed to: 4a.Article Number u Ef ¢ o 1g9 ¢ m P 426 745 828 0 3.Article Addressed to: 4a.Article Number & E JEFFREY BRATI SAX ' sap JESSE GRIFFIN AND 426 745 827 E 4b.service Type a MICHAEL AND NANCY LaROCCO 426 745 826 El JENNIFER ANN KRUSE 4b.Service Type d 0 ❑ Registered XKI Certified �s 8 ROLAND COURT rn E 4b.Service Type ,, ❑ Registered Certified ¢ S 0 3300 GRAND AVENUE ❑ Registered g X4@ ❑ Express Mail ❑ Insured .N g Certified P.O. BOX 124 ❑ Express Mail Insured c LAKE RONKONKOMA, NY 11779 ❑ RetumReceiptforMerchandise ❑ coo ' MATTITUCK, NY 11952 ❑ Express Mail ❑ Insured S CUTCHOGUE, NY 11935 ❑ ReturnReceptto Y' r D o 7.Date of Delivery ❑ Retum Receipt for Merchandise ❑ COD ] 7.Date of Dative C3 , o 7.Date of Delivery w= _ O f L o- 5t„ ecei not Name 8.Addressee's Address(Only if requested i ° 5.Received By: (Print Name) 8. ddressee's (On f� d I Ad d tee is paid) t 5.Received By: (Print Name) 8.Addressee's Address(Only if requested and fee is psi Y Q i and fee is paid) a 7� 6 i 6.Sig . (Addressee rAgent) ¢ iE3 6.Signa e: (Add eeorA ) v �• 6.Signat e:( ddress or ge t) 0 m ° g X PS Form 3811, December 1994 Domestic Return Receipt X PS ForrhV3811, Dd6emb&A994 Domestic Return Receipt , PS Form , December 1994 Domestic Return Receipt , i SENDER: �. ? •Complete items 1 and/or 2 for additional services. I also wish to receive the d SENDER: m :Complete items 3,41a,and 4b. following services(for an co• ENDER: a •Complete items 1 and/or 2 for additional services. I also wish to receive the ` Your name and address on the reverse of this form so that we can return this antra fee 9 :Complete items 1 and/or 2 for additional services. 18180 wish t0 receive the a :Complete items 3,4a.and 4b. card to you. ) •0 .Complete items 3,4a,and 4b. following services(for an m 'Print your name and address on the reverse of this forth so that we can return this following services(for an > •Aaach this forth to the front of the mailpiece,or on the back if space does not 4x •Print your name BrW address on the reverse of this Form so that we can return this eta fgg); 0 Card to you. extra fee): m permit. 1. ❑ Addressee's Address L card to you. _ > -Attach this forth to the front of the mailpiem,or on the back if ace does not d •Wdte'Retum Receipt Requested'on the mailpiece below the article number. y O •Attach this forth to the from of the mailpiece,or on the beck if space dose not 1. [1 Addressee's Address S, prime- p 1. ❑ Addressee's Address •a-r $ •The Return Receipt will show to whom the article was delivered and the date 2. 11 Restricted Delivery y o •Wpermit. d •Writq'Retum Receipt Requested'an the mail iece below me article number. Z 0 delivered. emit. um Receipt Requested'on the meilpiece below the article number. 2. ❑ Restricted Delivery $ -The Return Receipt will show to whom the article was delivered and the date 2' ❑ Restricted Delivery y ° Consult postmaster for fee. a $ The Return Receipt will show to whom the article was delivered and the date a C delivered. .v 3.Article Addressed t0: - delivered. Consult postmaster for fee. o Consult postmaster for fee. ? 4a.Article Number m OC 3 3.Article Addressed to: b f ¢ $ 3.Article Addressed to: 4a.Article Number v 4a.Artois Number u a MR. AND MRS. JOHN A. POLYN P 426 745 824 o c n JAMES H. COHILL p 426 745 823 u 31-56 36th STREET 4b.service Type THOMAS J. WILLIAMS, JR. 0 E 4b.Service T ❑ Registered x ¢ 4b.Service Type er r°, YPe '3: Certified E ELIZABETH M. WILLIAMS ¢ 64395 COUNTY ROAD 48 " w ASTORIA ❑ Express Mail °u ❑ Registered Certified ❑ Registered X)([(j Certified ¢ , NY 11106 ❑ Insured .p 5175 NEW SUFFOLK AVENUE ❑ Express Mail ❑ Insured m GREENPORT, NY 11944 ❑ Express Mail ❑ Insured p ❑ Return Receipt for Merchandise ❑ COD ' ¢ MATTITUCK NY 11952 ° 7.Date of Delivery , ❑ Return Receipt for Merchandise El ❑ Return Receipt for Merchandise ❑ COD �� /�( � � 7.Date o e' Wuesec;i�( � R 7.Date of Deli ry ° 0 p0 NA G o 5. Received By:(Print Name) z ( yc F 5.Received By: (Print Name) 0 w 8.Addressee' ass(On nested 5. ecelved By: (Print Name) 8.Addr ass(Only it 8.Addressee's Address(Only if requested Y and fee is m and fee is paid) i and fee is paid) m 5 6.Signatur . ddresse or A an h- g I ature: (Add ssee or Agent) g r N 6.Signa (A se Agent) >° ~ a X I J ° a y PS Form 3811, December 94 DF Receipt PS 3811, December 1994 Ps Form 38 D mbar 1994 Domestic Return Receipt Domestic Return Receipt _ _. . + i S NDER' I also wish to receive the •Cgnplate Nems 1 and/or 2 for additional Services. following services(for an q •Complete items 3,4a,and 4b. verse of this forth ao that we can return this extra fee): g m» Sprint your name end address W the re `o card to You. Z > .card this toren to the front of the mailpiece,or on the bade if apace does no, 1. ❑ Addressee's Address m nut. m •WW ite•getum Receipt Requested'on the meilpiece below the article number. 2. 13 Restricted Delivery 6 $ •The Return Receipt will Show to whom the article was delivered and the date Consult postmaster for fee. •m delivered. Yj 0 4a.Article Number ¢ v 3.Article Addressed to: P 393 887 7 E WILLIAM AND BERTHA LEWENBO$KI' 4b.service Type B ¢ BOX 739 ❑ Registered Certified rn 3495 Grand AVenue ❑ Express Mail ❑ Insured a Mattituck, NY 11952 ❑ RetumReceiptfor Merchandise ❑ COD w 7.Date of Delivery o 0 T Y 5.Recetved By:(Print Name) .Addressee's Address(Only if requested m and fee is paid) r � 6.Signa r :(Addressee or Age ) r _ Domestic Return Receipt PS Fohtt3811, December 1994 _