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HomeMy WebLinkAbout4271 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4271. Application of JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swimmingpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. WHEREAS, after due notice, a public hearing was held on October 5, 1994, and at said hearing ali those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Beard has carefully considered ali testimony and documentation submitted concerning this application; and WHEREAS, Beard Members have familiar with the premises in question, surrounding areas; and personally viewed and are its present zoning, and the WHEREAS, the Beard made the following findings of fact: 1. This is an appeal of the September 13, 1994 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the construction, as exists, of the inground pool with deck which is located partly in the side yard area and partly in the rear yard. The pool is not the subject of a variance, and the grounds for the disapproval issued by the Building Inspector read as follows: ...Side yard setback of 5' required for the accessory deck attached to the pool. Article III, 100-33 B (2). Action required by the Zoning Beard of Appeals... 2. The premises in question is located in the R-40 Low-Density Residential Zone District and is a described parcel containing a total area of approximately 24,000 square feet with 132.0 ft. frontage along the easterly side of Boisseau Avenue. The map Page 2 - Appeal No. 4271 ~ Decision of Louis and Jean Walters Regular Meeting of October 5, 1994 submitted with this application shows this parcel is presently improved by an one-story, singie-family dwelling built prior to 1965. The setbacks of the dwelling re shown to be 32 ft. front the northerly (front) property line along a "private road," 52 feet from the front property line along Boisseau Avenue, 17 feet from the southerly (side) property line, and 93+- feet from the easterly (rear) property line. The subject accessory deck was constructed without Town authorization by the contractor under the prior building permit for the sw~mmingpool in about 1973-1974. 3. The subject accessory deck, attached to the existing swimmingpool, is shown with a little, or no setback from the southerly property line. However, the property to the south is a drainage sump owned and operated by the Town of Southold, which has given verbal permission (via Ray Jacobs, Superintendent of Highways) for the continued maintenance of the deck at the setback constructed. The pool and deck is located in the rear yard (rather than the side yard as noted by the Building Inspector). The rear yard on a corner lot is established to be that yard area where there are existing accessory buildings and where the principal setback of the house meets the (rear yard) requirement. The rear yard is that area to the east of the dwelling where an accessory shed is located, as well as the subject pool. The side yard is shown to be that area between the south of the dwelling and the southerly property line. 4. It is the position of the Beard in considering this application that: (a) the circumstances are uniquely related to the property; ( b ) the difficulties, although seW-created, is not unreasonable in light of the nature and use of the adjoining lands; (c) the deck has existed for many years, and is not adverse to the best interests of the Town at large; (d) the variance requested does not involve any increase of dwelling unit density; (e) the relief requested will not cause a substantial effect on available governmental facilities since this the deck, close to ground level as constructed, is a minor project and is the minimum necessary to afford relief to the property owners; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the relief granted will Page 3 - Appeal No. 4271 Decision of Louis and Jean Walter~ Regular Meeting of October 5, 1994 be within the best interests of the public while at the same time providing a benefit to the applicant. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it Was RESOLVED, to GRANT a Variance for the location of that portion of the accessory deck, attached to the accessory pool, in the side yard with a zero setback at the property line adjacent to the Town's drain,ge sump, SUBJECT TO THE FOLLOWING CONDITION: That the subject deck remain unroofed (and open). Vote of the Beard: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Wilton. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEI~ APPEALS BOARD MEMBERS G~rard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Tow~ Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, 11971, on WEDNESDAY~ OCTOBER 5, 1994~ times specified below: Southold, New York commencing at the 1. 7:30 p.m. Appl. No. 4255 - ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a ~equest for a Variance under Article III, Seetion 100-32 of the Southold Town Zonin~ Ordlnanee, based upon the July 12, 1994 Notiee of Disappreval from the Buildino~r Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premi.~es contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. Page 2 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Beard of Appeals 2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) {ref. Section 100-31C(4-b) and 100-33C}, based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. 3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed bllildlng, a~ exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along canal of Gull Pond Inlet), Groenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.} 4. 7:45 p.m. Appl. No. 4270 EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article Page 3 - Legal Notice~ 'Regular Meeting of October 5, 1994 Southold Town Board of Appeals XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such bnl]dlng is changed to a conforming use. The subject promises contains a total lot aroa of 28,710+- sq. ft. an~ contains the following nonconformities: moro than one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of P~operty: 760 Great Peconlc Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fried September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS~ JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swlmmlngpool structuro, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. 6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. Page 4 - Legal NoticeO ReguLar Meeting of October 5, 1994 Southold Town Board of Appeals of floor area. Tho subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Preperty: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and place hoar any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By I~nda Kowais~ X Page 20 - Transcript o~Hearings October 5, 1994 Regular Meeting 8:05 P.M. ' -- "' ~-' ...... ......... LLL.~ ,~iLTEI~S,'""~R MR. CHAIRMAN: Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a Building Permit for an accessory deck, as exists around swimming pool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold; Tax Map Parcel No. 1000-55-6-22. I have copies of pictures indicating the deck area as it exists and a survey produced by Roderick Van Tuyl indicating the 18 × 36 foot deck, as, excuse me, swimming pool and deck area surrounding that within a foot or so of the property line and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? How are you this evening? JEAN WALTERS: I had owned the property for 13 years and I'm recently remarried and we own the property. I waited 12 years to replace the existing deck around the pool. It was damaged early, about six months after I purchased the property and I finally had to ( ) altered because the pool and the deck were so battered by, by the pool company not knowing I needed a permit because of the existing structures and ( so we didn't go for a permit. So, we had no idea that what we were doing was in any way in a adverse to town code, whatever. We just put the deck back, repaired it and come to find out when we applied for the Building Permit when we, we are now in the process of refinancing. We have a closing date, FORI~ NO. 3 TOWN OF SOo~OLO BUILDING DEPARTHENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: September 13, I~ Louis & Jean Walters 1450 Boisseau Avenue Southold, NY 11971 PLEASg TAl~ NOTICE that your applieatlon dated .... ~ql~.~[.[~ ....... 19~.... for permit to .... Install an inground pool with deck Location of Property... 1450.....Boisseau Avenue Southold House No. Street Hamlet County Tax l~p No. 1000 - Section .... ~ ..... BLOCK ..... 0~ .... LOT ..... ~ ...... Subdivision ....................... Filed Hap No .......... Lot No .... is returned herewith and disapproved on the following grounds ...~q~.~.s~.t~.k.~.~.' .... required for the accessory deck attached to the ~ool ..~rticlq III. 100-33 B (2). Action required by the Zoning Board of Appeals. B U~LDg~G INSPECTOR RV I/80 BO~ OF HEALTH ...... 3 OF PLANS ....... 'FORM NO. I SURVEY .......... TOWN OF SOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM ............. : TOW..ALL NOTIFY .-7. 0. 5:.3. $OUTHOLD, N.Y. 11971 CALL . . . TEL.: 765-1803 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... MAIL TO: ~ TOWN CF (Building Inspector) · ,':/~'~:;~ APPLICATION FOR BUILDING PERMIT ~' ' INSTRUCTIONS ~' This application must be completely filled in by typewriter or in ink and submitted to the Building Iuspector, with 3 -~ 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- ~atio n. :~i¢' The work covered by this application may not be commenced before issuance of 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. a e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc5 have been granted by the Building Inspector. PPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the lding Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances ~egulations, for the construction of buildines, additions or alterations, or for removal or demolition, as herein described. ['he applicant agrees to comply with ali amM~ca~ie laws. ordinances, building code, housing code,~ulat[~ons, and tc ~hdmit authorized inspectow on pr~m~'~ ama m otmdme mr necessary, inspections. - (Signature Iof applicant, or name, if a corporation) : ' (Mailing address of applicant) ~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ..... ~._ ~ · .~_% . . CA3.cL/..~.~ .C. ~ ........................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ,~'.~ (Name and title of corporate officer) · ALL CONTRACTOR'S MUST ]~E .SUFFOLK COUNTY LICENSED Phimber's License No ...... kJ. l ~ .............. Electrician's License No ...... ~(~.~ ~'.~.. ....... Other Trade's License No ...... ~ . ~7... 1. Location of land on which proposed work will be done ................................................. House Number Street rtam et County Tax Map No. 1000 Section .... O..~. ~,~. ....... Block ..... .~ ........... Lot .... ~ ~ ........ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....... .~l D .~( .4 ..... .~. Ol, tO1~.[7....~.0~ .~ .[[1J'l~ ............... , .... b. Intended use and occupancy ....... I~ .~. s-~.~...\.Eq...c~.~O.G.Ct..~..~0.tD'3 ~2tl 1 .ff~..~.q)C) I--.. 3. Nature of work (check which app~ole): New Building ..... ' ..... Addi~ .......... Alteration .... " Repair .............. Removal .............. Demolition .............. Other Work .I.~-.¥.,,3.1~.~t::~ H~ ~4' ~ e=-o_- (Description) 4. Estimated Cost ........... .~.. ~.q3...~..c~. .......... Fee 4-o " (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, 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 of Stories ........................................................ Di * .... '~ menszons'of~s~e strt~.{ure with alterations or additions: Front ................. Rear .................. Depth. ..................... Height ...................... Number of Stories ...................... ---8. Dimensions of entire new construction: Front .......... · ..... Rear ............... Depth ............... Height ............... Number of Stories 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 1 l, Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes ~o 14. Name of O_wner of premises . .~.O~,L.~ .Ll~xl..~:c:.~, Address Iq.g-C~ a"2^, ¢¢o~., n~___ ~ ,~ N .... e ~.~r~tOA~:~t'- .-~ - · .+ · · *X.,~,- .',-~. ~--?~..~..'~ . . £nun~ l~u.. l NameofContractor .~-~ .~9,c~.o~l~ ~r- _ addres~ ~-~-~r~/Jte~r-~x ,- .. ~..'.J~ · If yes, Southold Town Trustees Permit maybe 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. STATE OF NEW,J~0I~K~ COUNTY OF.. ~.w"~crA I. ~_ .... S.S .......... .~qt ;fl ~.~/..~......: .~..<r~{ ~ .~. ~..-:o..}FT. ...... being duly sworn, deposes and says that he is the applicant (Name of ihdividual signing contract) above named. (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 Notary Public,../~....~..... ~'~'~unty NOREEN L. HAGER Nota,'y Public, State of Qualified in Suffolk County (Signature of applicant) ~P TOWN OF SOUTHOLD, NEW' YOI~I( Southold T.n Clerk . s7, q ~ ? / APPEAL FROM DECISION OF BUILDIN~ INSPE~O~ ~P~L N~: ~ TO THE ZONIN~ BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ~e~ ..~.~,.,~.~,~.~,~,~o~ ........ L~.~.~..~.~.~.~.~ ......... '] ........... Name of Appellant Street and Number ........... ............................................................ ...... , ...... Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....__.~.../...~. ...... ]..~/.~..~..... W.EREBY THE ~U~,~ ~SP~CTO~ O~,E~ TO af Name of Applicant for permit Street and Number Municipality State ( ) PEPu~AIT TO USE C ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .../..~.~..6... ~...0.../.~.~.~ ...~.....~.i~ " Street /Hamlet / Use District on Zoning Map Map No. 'Lot No. Prior Owner ZT-~_z~L, 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 ']'~:. Section !cc - ~,3 B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the 7~ning Ordirmnce or Zaning Map ( ) A VARIANCE due to lack of access (State of New York Town L=w Chmp. 62 Cans. Art. )6 Sec. 280A Subsection 2 () 4. PREVIOUS APPEAL A previous appeal (has)~as not~ been made with respect to this decision Of the Building' Inspector or with respect to this property· ' Such appeal was ( ) request for a special permit [ ) request for a variance ~nd was made in Appea! No .................... L ........... ~Dated .................. ~ ......... .~ ........................................ ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 2BOA Subsection 3 ' A Variance to the Zoning Ordinance t~°r~ ~! (Continue on other side) REASON FOR APPE.~Llei:) ,we)' l~e~l~u~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,,, HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use' district because c~u_,-- ~c~',etc~r'~c~ ~ ~ ~-~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D~STR~CT bec°use ~ ~e' 4~"~"t~ COo,d,/ /~ ue~d STATE OF NEW YORK ) ~. ~,. 1~ /7-/-_ , )' ss ......... ~~i..//Z..~ ..................... C(~U NTY OF ) ~ Signature · /. '. ~'"~~ ' EN .~ ~._~....~../. .. EDYTHE V. MULL ... . ...... ~~ ..................... NOTARY PUBLIC. State of New Yo~k 4%lotor,, Hubl'cx ' No. 489.6193 Qualified in Suffolk County Commissieo Exp,res May 26, 19~/~ TOWN OF ~SOUTHOLD PROPERTY RECORD CARD OWNER STREET J ~ (~ ~) VILLAGE - DIST~ SUB. LOT '~ ' FORMER OWNER'-~.~r] L.~ ~/~J~ H,~(5 ~ AC~ ~o. ~. g~ ~e.~f- /; ~ ' S ' W ~PE OF BUILDING RES; ~/O S~S. VL FA~ ~ GO~. GB. ~ISG. ~kt. Value ~ND I~P. TOTAL DATE RE~ARKS ~ ~ ~o 77~ ~ (/'/~ e PM ~*' FA~ Acre V~lue Per Acre ~m ~ M/)~/ Tillable 3 -- K //&gO'~ Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD /~, ~ .::: ':'"- _ ' ':~ ' , DEPTH COLOR ' . M. Jo ~ ~ F~dation Bath Extens,~~ ~ ~ Basem~t Fl~rs Extension Fire Piece DR. ~0 ~eM~fl ~ ~0~ = J~ ,~ aG Type. Roof 1~1 ~ Rooms 1st Floor ' BR. Po~h-~J / ~ ~ i G = / & a .~ ~ ~ ReCreation Room Rooms 2nd Floor FIN. Porch J Dormer B~YI ~ 0~. ¢~ Driveway I o. B.~::,~, ;~ ,. _ . _ :;,...' .-, _. o.~ALE'40~I l BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of JEAN AND LOUIS WALTERS, JR. 9 CONFIRMATION OF POSTING , residing at )qSO'-~o/'S~e~z~,~.~. I, O~eo~ [- Lc3ea.[+eotS , being duly sworn, depose and say: That on the ~7 day of ~-~ , 199 ~ , I personally posted the property known as "1450 Boisseau Avenue, Southold, NY" by placing the Town's official poster notice on ~ ~,~- ~z ~ (~.~_~ facing the road side of the prop~ erty, and that the poster has remained in place at least five days prior to the date of the initial public hearing. Dated: September ,~7, 1994. (~igt~ture) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 October 6, 1994 Mr. and Mrs. Louis Walters, Jr. 1450 Boisseau Avenue Southold, NY 11971 Re: Appl. No. 4271 - Variance for Accessory Deck Around Pool Dear Mr. and Mrs. Walters: With reference to your variance application filed on September 13, 1994, we enclose a copy of the Findings and Determination rendered by the Zoning Beard of Appeals at the public hearing held October 5, 1994. Pleas~ be sure to return to the Building Department, which has today been furnished with a copy of the Beard's decision for their update and permanent recordkeeping. Very truly yours, Enclosure Copies of Decision to: Building Department l.inda Kowalski Page 21 - Transcript o~earings October 5, 1994 Regular Meeting Tuesday, the 11th, when we lose our lock, rate lock and we need a CO to get our rate lock. So, needing this, it came down to a ...... MR. CHAIRMAN: Is, is that one foot three inches? Is that to the property line? JEAN WALTERS: It's right at, there's a fence around --- BOARD SECRETARY KOWALSKI: There's a sump there. JEAN WALTERS: There's a drainage sump owned by Suffolk County ( ) and our, our fence that we allowed the town to make use of a, its right there on the line and we just filled it, you know, we just put the deck back and a there use to be I guess a small gap where you put the junk food in and we just said "well this is ridiculous you can't even ( ) more back there, we'll just put it right back to the line", and we didn't know that there was any problems seeing the fence was there and .... . MR. CHAIRMAN: All right. I did receive a call from the Highway Department and the Highway Superintendent, Mr. Raymond Jacobs telling me that he had no objection to your, I think I mentioned that to you on the telephone, did I not? LOUIS WALTERS: Yeah! I had talk to Ray also. JEAN WALTERS: He was very cooperative and we in turn have been very cooperative with them at all times we can. MR. CHAIRMAN: Right. OK, lets see are there any questions. Questions, gentlemen? BOARD SECRETARY KOWALSKI: Just for the record, how high is it off the ground? Page 22 - T~anscript ~{earings October 5, 1994 Regular Meeting MR. CHAIRMAN: almost. BOARD SECRETARY KOWALSKI: of inches off the ground? MR. CHIARMAN: One facia board there. Jim, question? MEMBER DINIZIO: Yes, who is the pool guy? JEAN WALTERS: Swim King. MEMBER DINIZIO: OK, thanks. MR. CHAIRMAN: You have no intentions of enclosing this deck area, or putting any greenhouse effect over it or anything of that nature. JEAN WALTERS: MEMBER VILLA: LOUIS WALTERS: MR. CHAIRMAN: and you want to talk about it wants to make a motion. It looks like it's quite about even with the ground MEMBER DINIZIO: MEMBER VILLA: MEMBER DINIZIO: MEMBER WILTON: MEMBER DINIZO: MR. CHAIRMAN: MEMBERS: Aye. A couple of inches, about a couple I'll make a motion. Second. Granted as applied. So long as it remains unroofed. Yeah, I don't think they applied for a roof. All in favor? No, we ran out of funds for anything like that. Do you have lighting, or plan to put lighting? No. What do you want me to do with this one, close it later, no? Your all set, OK. Who APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 September 20, 1994 Mr. and Mrs. Louis Walters, Jr. 1450 Boisseau Avenue Southold, NY 11971 Re: Variance Application Dear Mr. and Mrs. Walters: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, October 5, 1994 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed by you, either on a stake and located in the front yard (road side) of your property, or placed on the front of your dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, l.lnda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of JEAN AND BOLl'IS WALTER$~ ,JR. ................................... X CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of , 199 , I personally posted the property known as "1450 Boisseau Avenue, Southold, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least five days prior to the date of the initial public hearing. Dated: September , 1994. (signature) 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,~l Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: 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 SEP 2 3 ~ DInppr~l from ~he Building Inspector, 1000-(~-1;31. 3~ 7:40;p.m; Appl. No. 4269 - FRED£R- ) SS: COUNTY O~OLK ) ~[~~d~ 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 regularly published in said Newspaper once each week for _~/ weeks ~c~vely, commei~cJ]ag on the ~ day of ~ VOUNS~ ~ iff Suffc4k Coml~ L]II Notary Public Sworn ~ 1~ day of PUBLIC HEARINGS NOTICE ~4EREBY GIVEN, pursuit to Se~io~ 267 of the Town ~w ~d th6 Code and the Town of Southold, that the following public h~ings wiR ~ held by t~ SOUTHOLD ~ BOARD OF APPEALS, a~ the Southold To~ H~, 53~5 M~n Road, ~uthol~, New York 11971, on WEDNESDAY, OC~BER 5, 1994, commencing at the times speci~d below: I. 7:30 p.m. Appl. No. 4255- ROBE~ S. S~RLE. (Continuation of Hearing held August 11, 1994). T~s is a request for a Vari~ce under. ARicle III, S~tio~2 1~-32 of the Southold To~n Zoning Ordinane~ b~ed upon the July 12, 1994 Notice of Disapp~val from the Building Inspector, for permissio~ to constru~ n~ singie~f~ily dwelling and deck at a reduced setback from the front pro~Ry line along Private Road off East End Road, Fishers Isled, NY; County T~ Map ~reel ID No. 1~-7-2-8. The sub- ject premises cont~ns a to~ lot area· of approximately 3.16 acres with frontage along two private roads, one ~o,*ed at the noRh end and the other at the south end of this p~l. The ~ne DNtfi~q is ~-~z0 Residentifl wNch ~- q~s a minimum front ~rd setback of ~ f~t. 2. 7:35 .p.m. A~pf; No ~ 4268- EDWARD AND EVELYN HALPERT. Variance from Article iHA, Section~ 1~-30A.2C(1) (~f. Section~ l~-31C(4-b) and 1~-33C), b~ed upon the Notice of Di{approv~ (~ u~at~ ~gust 10, l~) for permission to locate tennis court structure with 10 ft. high renting ~th insuffident setbacks when lo,ted in the ~t,yard, and with fencing ? ~eding the four-foot L~i~t restriction under Ar- fide. XXIII, Section tl~31A. ~cation of Pro-~ pe~y: 2125 ~wn Harbor ~ Southold, NY; Coun- ty T~x Map Parcel No. ~1-31. 3. 7:~ p.m. Appl. No 4269- FREDERICK. RAYMES. Variance from Article · IliA, Section 100-30A.4 (ref. 100-33~s- ed upon the August 2111~4 · Notice of DisapprovaFl~r approval of accessory shed : ~.building, as exists in the nor- ~ilierl~, side'yard ~/rea~: ~ tion of'Property: 7,04 Wig- gins Lane (with-frontage · alorig canal of Gull Pond In- let), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subjecj/~ premises contains a total lot area of 14,316 sq. ft. (Setback of buildi/ag when' located in an area other than a permit- ted yard must be determined by the Board of Appeals). 4. 7:45 p.m. ~Appl. No. 4270- EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a bmlding permit to construc addition and alteration to a nonconforming building with a nonconforming use, and which permit was disap- proved under Article XXIV, Section 100-243 of the Z°n.>.-~ ing Code which does not permit enlargement reconstruction, structural alterations or movement unless the use of such building is changed to a con- forming use- The subject premises contains a total lot area of 28,710± sq. ft. an~d contains the following non- conformities: more ~han one single-family dwelling on a substandard lot; nonconfor- rmng easterly side yard. The following expansion is.pro- posed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay./' Boulevard, Laurel, NYi County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fil- ed September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271-. JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disap- proval from the Building In- spector wherein applicants applied for a building permit for an accessory deck, as ex- ists around swimmmgpool structure, with an insuffi- cient southerly side yard set- back. Location of Property: 1450 BOisseau ~Avenuev/ Sogtho!d, NY; County Tax Map Parcel ~ No. 100~,55-6,22Z~;~, 7~ i "6. 8:00 .P.ni.: ~pPl NO. 4273 RUSS L'HOM- MEDIEU (as tenant and resident). Variance based upo.n the August 25, 1994 Notice of Disapproval from the Building Inspector wherein :applicant applied for a buildii~ permit to alter an existing one-family dwell- ing with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625 + sq. ft. and is im-~ proved with a single family dwelling, occupied by the ap- plicant's hbme office. Loca- tion of Property: 1450 Boisseau Avenue, Southold; NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and pl~tce hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior ~o the Conclusion of the subject hearing. Each hearing will not start before, the times designated aboVe- If you wish to review any of the above files or would like rd/ request more information, please do not hesitate ~o call 765-1809 or visit Our office. Dated: September 19; 1994 BY ORDER CE THE SOUTHOLD -TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-9/22/94(10) ,~.~IVEN that ~pm~llt .to 'r Section 276 of ~e~ ~w , ~d the Code of the ~ of ~ ~uthold, ~at the foH~n$ ' matter will ~SO beheld for a public h~ ~ the Southold ~ Bo~ of 'Ap~s at ~e ~uthold '~wn Hall, 53~5 M~n Road, Southold, N~ York, 11971, on ~D~DAY, ~BER 5, 1~, ~m- ~ men~ at ~e ~e s~fi~ ~ below:. 7. 8:05 p.m. App. No. 427~ THOM~ FABB. V~ce oa b~ u~n the ~si 3~~- 1~4 Nofi~ of Di~ppw~ fwm the Buil~g I~o~ whe~ app~t app~ed for a bu~di~ ~t to ~placc mo~ th~ 50% of ~st~ d~ ~out ~ ~ion, ~d w~ch ~ ~sappro~ ~der ~- cie ~IV, ~on l~3B of the ~ Code which does not ~t enl~e- ment, ~onstmcgon, struc- t~ ~temtions or mov~ ment u~s the u~ of such bu~d~g h ch~g~ W a ~n- foxing u~ The subj~t p~s cont~ns a w~l lot ~ of 1.2i ~ ~d con- ~ns .the foll~ non,n- forties: mo~ t~ on~/~ "si~f~ly d~ umt . on subs~ lot in t~s R~80 Residential 'Zone ~tda. ~fion of ~r- t~ 1925 Nau~~ ~v~ Mat- fituck, ~; ~unty ~ Map .. ~! No;.'l~: ~e'~ of A~s ~ ~n~ ;'a~di all p~rsbnS or he~ ~'the ~ matte~. Writ~n ~ may ~o 'be sub~tt~ prior to the concludon of ~' sublet h~ns. ~ch h~ ~ not s~ befo~ the fim~ d~ignated ab~ If you ~sh to ~i~ ~y of the above Cd~ or Wo~d_~ke to/ ~ ~qu~t mo~ info~afion, - ple~e do not h~imte to ~ ' 765-18~ or ~it our office ~ Dat~: September 19, 19~ BY ORDER OF THE SOUTHOLD ~WN BOARD OF APPEALS GERARD ~ :: ~L ~:~.P. ' GOEHRINGER , CHAmMAN By: Linda Kow~ski COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of ~he TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ............................. weeks sub,vT1 .y, commencing on the 19. Swor.~n/ to before me on this .... ~.~-.day of Notary Public BARBARA k ~CHNEll)ER NOTARY PUBLIC, State of New York No. 480~4~ Qualified in Suffolk County Commission ~pires ~/3;/?~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 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 Sept. 13, 1994 TYPE IT S,E.Q.R.A. ACTION DECLARATION Appeal No. 4271 Project/Applicants: County Tax Map No. Location of Project: Louis & Jean Walters Jr. 1000-55-6-22 1450 B0isseau Ave.. S0uth01d, NY Relief Requested/Jurisdiction ~fore This Board in this Project: deck - Sideyard 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 #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been suJ~mitted; however, Section 617.13 of 6 N~CP~R Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the ~ II classification as established by law. Further, this Depar~ent may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as ~e 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 SEQP~A determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board me~ers. Copy placed in ZBA project file for record purposes. JUDtTti T. TERHY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 13, 1994 ZONING APPEAL APPL. NO. 4271 - WALTERS, JEAN & LOUIS Transmitted herewith is Zoning Appeal Appl. No. 4271 - JEAN & LOUIS WALTERS together with the Notice of Disapproval from the Building Department, the Application for Building Permit, a copy of the Survey Map, the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, hand-drawing of plan, copy of tax map and copy of the deed. Judith T. Terry Southold Town Clerk PROJECT LO. NUMEER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by AD;)licant or Prelect s~onsor) I. APPLICANT/SPONSOR I 2. PROJECT NAME 3. PROJECT ~O~TION: SEQR New ~'~ ExDar;$1O~l '~odiflcatlO~llatteratiOfl 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If No. describe t~tiefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJEOT? , 10. DOES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGEN~ (FEDE~ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT APPROVAL REQUIRE MODIFICATION? If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review A of this form . . . ct requires submission , and an envxronmental review w~ll be made by tb~s board · before any action is taken. INSTRUCTIONS: (a} In order ko answer the questions in this short F.%F it is assumed that the preparer will use ourrently available information concerning the project and the likely impapts of th~ action. It is not expected that ad4itional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the projeck may be sig- nificant and completed Environmental Assessment Form is necessary. (o) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? __Yes ~ NO 3. Will project alter or have a large effect on an existing body of waker? . Yes ~ No 4. Will project have a potentially large impact on groundwater quality? .__Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes ~ No 6. Will project affect any threatened or endangered plant or animal species? Yes ~ No 7. Will project result in a major adverse effect on air quality? ___Yes .~ .No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas : k~own to be important to the community? ~es ~_No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ~Yes ~ No 10. Will project have a m~jor effect On existing or future recreational opportunities? - Yes 11.Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? ' 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~¥es ~No 13. Will project have any impact on public health or safety? - Yes ~ 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 ~ No period or have a major negative effect Om the - charact~ of the community or neighborhood? Is there public controversy concerning the project? ~reParer,s $ignature~ QUEST!C~AIRE FOR FILI~G 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 interssts: (Separate sheet may be attached. ) B. Is the subject premises listed on the real escape marnet sale- or being shown to prospective buyers? { } Yes C. Are there_ any ~ruposals tm U~ange ~r alter l~nd { } Yes ~ N_o D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea=ed between the wetlands area and the upland building a:ea? 4. ' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet abOve mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~m_~ which e~t and are not ~hown cn the survey map that you ara · submitting? ~ If none exist, please state "none." G. Do you have any constructiontaking place at this time concerning your premises? ~JD 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 alsd own other land close to this parcel? _~ If yes, please explain where or submit copies of deeds. I. Please list present Use or operations parcel ~f~,~ conducted at this proposed use ' ~rd~_ and ~u~ncrlzed Signature anQ Date 3/87, 10/901k § 97-13 WETLANDS § 97,13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Tovrn of Sou~hold. [Added ~',~-84 by L.L. Ho. 6-1984] 'W'ETT---.~XFDS [Amended 8-26-76 by L.L. ~.N'o. 2-7.976; 3-26- A. I'iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal wa~ers to a maximum depth of five (5) feet. including but nos limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grow~ or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, grou~d~el. (3) All lr~d immediately~djacent~o a tidal W~land defined in Subsection A(2) and lying within seven- ty-five (76) feet landward of the most landward edge of such a tidal ~wetland. B. FRESHWATER WETLANDS: ' (I) "Fresh~vater wet]ands" as defined in Article 24, Ti- tle 1. § 2.b0107. Subdivisions l(a) to l[d) inclusive, of the Environmental Con{ervation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- !a ' nd. as defined in Subsection B(1} and lying' with-' m seventy-five (75) feet la,,d~vard of the most land- ward edge of a .... fresnwamr wetland. 9705 2-=s~ss Dim1000 s~. 55 mk. 6 Lo, ts): 22 Form 8002* -Bargain and Sale Deed, with Covenam againsl Grantor's Acts- Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS THISINDENTURE, madethe ~ ~ ,dayof June ,nineteenhundredand ninety BETWEEN ~/"c~:r JEAN L.; WALTERS f/k/a JEAN L. KRAMKOWSKI, residing at 1450 Boisseau Avenue, Southold, New York ]]97], party of the first part, and /Jr. JEAN L. WALTERS and LOUIS J. WALTERS, both 1450 Boisseau Avenue, Southold, New York ]1971 residing at party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and ether valuable consideratio~ paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs e successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvetnents thereon erected, situate lying and being in the at Southold, in the Town of Southold, County of Suffolk and State of New Y, bounded and described as follows: BEGINNING at the intersection of the easterly line of Boisseau Avenue with the southerly line of private road known as Maier Lane; from said point of beginning; RUNNING THENCE South 81 degrees 55 minutes 50 seconds East 200.94 feet along said southe line of said private road; THENCE along now or formerly of Ward Two courses and distance as follows: I) South 2 degrees 30 minutes 10 seconds West 112.51 feet; 2) North 87 degrees 29 minutes 50 seconds West 200.0 feet to said easterly line of Boissea Avenue~, THENCE along said easterly line of B oisseau Avenue, North 2 degrees 30 minutes 10 seconds Eas 132.0 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by dee, dated Jgne'8, L994 and filed in the Office ofthe Cterk ofSuffolk County on dUne 8 1~ inLiber, lI680, page. 26. ' TOGETHER with ail 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 tbereof; 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 tfi'~ first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and wilI hold the right to receive such consideration 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: pnthe /-' dayof June 1994 beforeme personally came Jean L. ' to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that s h e executed the same. . . ~ELISSA ECIg~qDT · ~m ~ires May 4, f9~ S~ATE OF NEW YORK, COUNTy OF SS: On the day of 19 before me personally came , to me known, who being by me duly SWorn, did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the 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 On thc day of personally came 19 SS: , before me the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly SWorn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said Witness, at the same time subscribed h name as witness thereto. TITLE NO. WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 5 ~ BLOCK 6 LOT 22 COUNTy OR TOWN JEAN L. WALTERs f/k/a JEAN L. KRAM/oWsKI TO JEAN L. WALTERs and LOUIS J. WALTERS, JR. 8TANO&RD FORM OF NEW YOiRK STATE LAND TITLE AEEO~IATION OFidelity National Title - -- RETURN BY MAIL TO: WILLIAM C. GOGGINS P.O. Box 559 55000 Main Street Southold, New York zi. sol 1971 .: t ou~.~uLK COUNTY CLERB L/P# ~ Number of Serial # Certificate # Deed / Mortgage Instrument Page / Filing Fee Handling TP-$84 Notation EA-5217 (County) EA-5217 (State) R-P.T.S.A. Comm. of Ed. Affidavit Cc"i.ed Co,,y C Reg. Copy Other ......... ~ ~'~'~¥~-L ~q'tlOR TO RECORDING OR FILING. JUN 9 1994 SUFFOLK Deed / Mortgage Tax Stamp 'Recording / Filing Stamlts Sub Total ,' 1Herr#age Amt. 1. BaslcTax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Tmvn-~ Dual County__~. Held for Apportionment ~ Trausfer Tax .f'~j '~ Mansiun Tax The I, rope,ay COver~io-~gagc is or will be improved by a one family thvelling only. or two --------~'~- GRAND TOTAL Real Property Tax Service Agency Verification 6 .rgi~ 0 22 c%~rc) YES~ or NO~ If NO, see Up0ropriate tax clause on mstrumenl. Title Company Information FEE PAID DY: Cash~ Check_____ Charge.___~ Payer saute as R & R___ I4illiam C. Goggins P. O. Box 559 Southold, New Yorlc Company NlJn/e 1.1971 RECORD & RETURN TO Suffolk County Recording & Endorsement Page rhis page forms part~ of the attached Deed (Deed, ~ made Mol~gage, etc.) by: % WALTERs f/k/a JEAN ~'-----'~--- The premises herein is situated L. ~RAMKOWs~UFFOLK COUNt, NEW YO~. ~ ~ In the TOWN of Southold ~ALTERs and LOUzs ~. NALTERs, JR. E Southoid ~ ~ In the V~LAG ~~ or~MLETof or(.: 22 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THISINDENTURE, madethe BETWEEN ROBERT ^. Calverton, New York day of Hay KRAMKOWSKI, residing 11933, ,ninelcenhundredand ninety at 177 Hill Circle, four party of the first part, and . JEAN L. WALTERS, f/k/a JEAN L. KRANKOWSK'I, 1450 Bo±sseau Avenue, Southold, New York 11971, residing at party of the second part, WlTNE$$ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the easterly line of Boisseau Avenue with the southerly line of a private road known as Maier Lane; from said point of beginning; RUNNING THENCE South 81 degrees 55 minutes 50 seconds East 200.94 feet along said southerly line of said private road; RUNNING THENCE South 81 degrees 55 minutes 50 seconds East 200.94 feet along said southerly line of said private road; THENCE along now or formerly of Ward Two courses and distance as f~llows: 1) South 2 degrees 30 minutes 10 seconds West 112.51 feet; 2) North 87 degrees 29 minutes 50 seconds West 200.0 feet to said easterly line of Boisseau Avenue; THENCE along said easterly line of Boisseau Avenue, North 2 degrees 30 minutes 10 seconds East 132.0 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed tO the party of the first part by deed dated September 30, 1981 and filed in the Office of the Clerk of Suffolk County on October 2, 1981 in Liber 9079 at page 485. 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 tile party of the second part, thc heirs or successors and assigns of the party of the second part forever. AND thc party of thc first part covenants that the party of thc first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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" wheacvcr tile 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; i ~ , , 7 R~BERT A. KRAM~O~gKI On the 3''*'}1 day of May personally came Robert A. 19 94 , before me Kramkowski to me known to be the individual described in and who executed ttle foregoing instrument, and acknowledged that he executed /he same. NOTARy PUBLi~ARRYs' ZORNBERG NOTARY PUBLIC, Stale of New York No. 498~ 171 Qualified in Nassau County..__~ COnlmlssion Expires h~y 6, 19 qJ STATE OF NEW YORK, COUNTY OF SS: On thc day of personai/y came 19 , before me to mc known, who being by me duly SWOrn, did depose and say that he resides at No. that he is the ; of · , the corporation described In and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that i affixed tion, by order of the board of directors of said tco~;;ri°. and that he signed h name thereto by like order. On the day of personally came 19 , before mc 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 mc personally came the subscribing witness to tile foregoing instrument, with whom I am personally acquainted, who being by me duly sWorn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the Same; and that he, said witness, at the Same time subscribed h name as witness thereto. TITLE NO, ROBERT A. KRAMKowSKI TO JEAN L. WALTERS Fidelity National Title O O SECTION 55 BLOCK 6 LOT 2 2 COUNTy OR TOWN _ ~ RETURN BY MAIL TO: William C. Goggins P.0. Box 559 Southold, New York zi. No. l1971 Serial # Ccrtificaic # JUN ,"T 1994 ........ c. ou~.'!X 33013 Prior Deed / Morlgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamlls FEES 41 Page / Filing Fee Ihmdllng TP-584 Notation EA-5217 (County) EA-5217 (State) ILP.T.S.A. Corem. of Ed. Affidavit Certified Copy Reg. Copy Other 5 . O0 Sub Total . GILA_ND TOTAL. l%{ortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX l)ual Town Dual County_ lleld for Apportiomnent __ Trausfe~ lax . 1¥1 allsiou Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on of this in~il.iime~i. Real Property Tax Sen, ice Agency Verification :.N.~.,~, .?~ 1000 Ilili:lls FEEl'AiDCash BY: O R: Dist Sectiun Block Lot ~55 zd 06 ,oo 022,000 / __ Check /Charge Payer same as R & William C. Coggins P.O. Box 559 Southold, New York Title Company hfformation Conll}ally Name Title Number 11971. Suffolk County Reef g RECOILD & I~E'I'URN TO ..... (A {) l).llilS~O..___ E :aorsement Page This paI forms part of the :hed ROBERT A. KRAMKOWSKI TO JEAN L. WALTERS f/k/a JEAN L. KRAMKOWSKI Deed (Deed, Mortgage, etc.) made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of Southold In the VILLAGE or HAMLET of Southold '. R -80 R--80 SO U THO L D / BA ) / FOR: 5~965 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold 9// ~'? Southold, New York 11971 ,.~ Phone: 516 - 765 -1801 DATE 19 RECEiVEDOF ,~ _~.~_~..~ (~ ./~.) ~ $ /~J ,~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY'OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board of Appeals of the Town of Southold ) to request aG~.anan.~~ (Special Exception) (Special Permit) (Other) [ci-r'cle choice) 2. That the pr?..perty which is the.subject of the Petition is located adiacent to your property and is des- cribed as follows: '~ ~ ,~4.~/_.~~ /~'~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Il,al b,~ such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under- signed are Article ~ Section Io0-~ [ ] 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 ma), then and there examine the same during regular office hours. (516) 7~5-1809 [Copy of sketch or plan showing purposes.] 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 Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~,~-'~--~/~ Petitioner Owners Post Office Address -- Tel. No, bg/b) 7&5 / ' £DYTH£ V. MULLEN NOTARY PUBLIC, State of New Yo~ No. 4895193 Qualified in Suffolk County Commission Exp,re~ May 26, 19'/~"' proposal to be attached for convenience NAME PR___OOFOF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDR£55 ?opl St Z 760 493 877 Certified Mail (See Reverse) ,- ..s,/ STATE OF NEW YORK ) COUNTYOFSUFFOLK) , being duly sworn, deposes and says that on thc /3 day of . .~..~. ~,.~,-. , ] 9 ~/ , deponent mailed a truc copy of the Notice set forth on thc 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 thc current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~-~t.c"J~,u~.~ /~. I l~"71 ; that said Notices were mailed to each of said persons by c~tifi~(registered ) mail. Sworn to/~efo~e me. this lq Notary Public EDYTHE V. MULLEN NOTARY PUBLIC, State of New Yo"k No. 4895193 Qualified in Suffolk County Commission Exp,res May 26, 19¢~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOI. J'~ In thc Mailer or the Pedfion of : to the Board of Appeals of lhe Town nf TO: Tt n o/ .RECEIVED 1 5 1994 $outhold Town CLerk NOTICE TO ADJACENT PROPERTY OWNER YOU ARE UEREBY GI\/Et; :, ~ ;i~: 1. That~3.~e intention of the L:: :d to petition the Board of Appeals of the Town of Southold to requesta~,~_~_dan~} (Special Exception, ~.ci.fl Permit) (Other) [circle choice] }. 2. That the pr(~erty which is thc ~.! : , ,I : : i ~ e Petition S located adjacent to your property and is des- cribed as follows: 3. That thej?.rt~perty which is the :: : such Petition is located in the following zoning district: 4 That h~ sucl~ Petition, the undur.,i::~c:i ,,sill request the following relief: $.That the provisions oldie 5ou:h:: ; ,,.:~ Zoning Code apglicable to the relief sought by the under- signed are Article ~ 3-:: .'_'>-~ ~ (,.9.) [ ] Sect~on £'~3-A, Ilew York ....... , 5o~ approval of access over 6. That within fi~eda}s from the.:.;:, c~ ,~,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Of Ecc .:: '~4n Road Southold, New York and you may then and there examine the same during regular office l ..... 7: ) 7~5-1809. 7. Thathef~rztP. cr:-li,.f~ou h: . ,. . 4., a public hearing must be held on the matter by the Board of Appeals; that a notice of such ~ .... ,:,.. : be published al least five days prior to the date of such hearing in the Suffolk Times and in the L,; : F~aveler-MaltituckWatchman, newspapers published ln the Town of Soulhold and designa ed for thc; . .:L.:~ :3f such notices; that you or your representative have the right to appear and be heard at such hear;, [Copy of ske~L or plan sh~ .pesal purposes.] Owners 'Names: ,(.0/~/~' ¢.Y~a.*t Post Office Address -- Tel. Ng, bg/bkT&5 N~ARY PUBLIC, State of New No. 4895193 Q0alified in Suffolk County Oommi~*ion E~re& May 26, to be attached for convenience