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