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Home My WebLink About4253 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4253: Application of JOHN AND NANCY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission to construct accessory garage building with an insufficient front yard setback at 580 Clcarview Road, Lot No. 49 and part of 47 on the Development Map of Cedar Beach, Southold, NY; County Tax Map Parcel No. 1000-90-4- Lot 11.1. The subject promises is a waterfront parcel containing a total lot area of approximately 45,000 sq. ft. (including low land subject to flooding) and is defined as a corner lot fronting along Clear View Road and a private right-of-way to the north. WHEREAS, after due notice, a public hearing was held on July 14, 1994, and at said hearing ali persons who desired to be heard wero heard and their testimony rocorded; and WHEREAS, the Board has earofuliy considered aH testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and aro familial- with the promises in question, its prosent zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant bas applied for a building permit for a detached accessory storage building located in a front yard area. 2. The promi.~es in question is located in the R-40 Low-Density Residential Zone District and cent~ins a total area of 45,000+- sq. ft. This lot area is a merger of the old lots on the Map of Cedar Park, roferred to as Lot 49 and part of Lot 47 (as combined). 3. The applicants' survey map of April 13, 1994, proparod by Roderick VanTuyl, P.C. shows an existing one story, single-fsmi!y dwelling structuro set back 37 feet from the northerly front property line along the private right-of-way, and set back 91+- feet from the northwesterly front property line along Clear View Page 2' - Appeal No. 4253 Application of JOHN AND NANCY WISSEMANN Decision Rendered July 14, ~994 Road. The subject premises is a waterfront parcel having frontage along Sandpiper Basin for which there is a setback distance between the ordinary highwater mark and the rear deck of 36 feet, at its closest point. 4. Proposed by this application is a 24 ft. by 24 ft. accessory garage in a front yard area which use will be for storage purposes incidental and accessory to the applicants-owners resideneo. 5. The rear yard for this particular parcel layout is that area closest to the highwater mark. This parcel is a corner lot with two front yard areas. (Corner lots are permitted to establish a rear yard in one of the remaining two side yards). The Board Members agree that the difficulties in locating an accessory storage building are uniquely related to the land for the reason that the rear yard is not feasible due to the nature of the low elevations and land subject to flooding, and the highwater mark. 6. Also noted is the fact that this building is proposed for accessory use incidental to the residence nature of the property for storage of the owners' miscellaneous items, lawn equipment and the like. The applicant is aware that this building may not be used, enlarged, or in the future converted for gainful purposes (such as living area, rental for non-owner storage, etc.), and/or not used as a separate principal use. 7. The proposed building will be in conformance with the height requirements (one-story and less than 18 feet in height). 8- It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards" - to the north of the existing residence, and the remaining yard areas are not large enough and are not feasible, as noted above; (b) the relief is not substantial in relation to the requirements and will be at a distance of 19 feet from the front property line, to the north, at its closest point; (c) the variance requested does not involve an increase of dwelling unit or use density; Page 3'- Appeal No. 4253 Application of JOHN AND N~NCY WISSEMANN Decision Rendered July 14, 1994 (d) the relief requested will not cause effect on available governmental facilities since the for storage purposes incidental to the residence; a substantial structure is (e) the relief requested is not unreasonable due to the uuiqueness of' the property and the immediate area; (f) the variance ~ not in turn be adverse to the safety, health, welfare, comfort, conveuience, or order of the town, or be adverse to neighboring properties; Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to DENY the location requested for the requested accessory building with a setback at 12 feet from the property line, and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF~ approving the location of the requested accessory building at 19 feet from the front property line, at its closest point to the north of the residence, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building remain at one-story height, as proposed in this request; 2. The building may be adjusted in size to 22' x 24' to gain the extra two feet that are necessary to meet the 19 ft. setback distance from the front property line; 3. The building shah be rotated, on an angle parallel with the right-of-way property Hne to gain the distance needed to meet the 19 ft. minimum front yard setback near the existing concrete wall; 4. The exterior siding of the accessory building shall be aesthetically pleasing and conforming to the natural surroundings of the area; 5. There shah be no utilities, as proposed in this request; 6. The accessory building shall be screened with lattice work and green ivy or similar perennial and plantings to camouflage building - adding new evergreens, and/or maintain existing evergreens, where needed to fill gaps, at least every throe feet. Ali screening shall be continuously maintained at ail times. 7. No lighting shah be permitted which would be adverse or Page - Appeal No. 4253 Application of JOHN AND N~,~¥ WISSEMANN Decision Rendered July 14, 1994 glare onto neighboring p~operties. Vote of the Board: Doyen, and Goehringer. Av,-s: Messrs. Dinizio, Villa, Wilton, This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHCLL) TO,TN CLERK DATE . ~/ _~R ~/~ ,"/4 ~ ~'~own Clerk, Tcv:n 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 NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of, Southold. that the following public-hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS. atthe Southold Town Hall. 5309S Main,Road. Southold; New. York 11971. on THURSDAY. JULY 14. 1994. commencing at, the times specified below: 1. 7:30 p.m, AppI. No. ~250 - WILLIAM AND HELEN CHILDS~ Variar~ce to the Zoning Ordinance. Article III. Section 10G~33C based upon the March 29. 199~ Notice .of, Disapprova~ from the Building Inspector for permission to locate ac~a~cory garage with reduced front yard setbac:k(s): on this corner lot. The subject premises contains a ,total lot area. of,. approximately, . 30.500 square feet and fronts along Brushes Creek. Peconic Bay, Bouleverd. and Idesrobl;m Drive, Street Address:- 178(~ Pe~oni~Bay Boulevard, Laurel. NY; County Tax Map Parcel No. 1000-1qS-q-2.1 (prey. I 8 2). 2. 7:35 p.m, Appl.. No. ~252.- DENNIS R. and ANNL. BANNON~ Variance to the Zoning Ordinance..Article, IliA. Section 100-30A;3. based upon the June 16, 199~ Notice of. DisapprovaL. from the Building Inspector, for Page 2 - Notice of; Heari~; Southold, Town Board Is ,Regulae Meeting of. July 10`~ 1990, permission to locate proposed addition with an insufficient rear yard setback. The subjeot premises centait~,*a total lot ai-~.~ of~ approximately 12.300 square feet and is a corner lot. Location of~ Property: 8SS Mary's Road {a/kla 645 Hamilton Avenue). Mattltuck. NY: County Tax Map Parcel ID No. 1000-1~-2-1. 3. 7:~0 p.m. Appl. No. 0`251 - MARILYN J. MORSCH. Variance to the Zoning Ordinance. Article, Il IA-. Section 100-30A.3. based upon the June 6. 199~. Notice of:~ Disapproval from the Building Inspector. for approval~ of~ an "as built~ wood deck addition with a side yard setback at less than the required 15 feet and less than the total-side yards required at 15 and 20 feet. The subjeat premises contains a ~(conforming)- total, lot area of, ~0.q09 square feet in this; R-qO Low,-Densit¥ Residential Zone District. Property Location: 630 North~ Sea Drive; Southold~ NY; County Tax Map Parcel No: 1000-5~-5-16. 0`. 7:0`5, p.m. Apph: No. 0`235 - KlM FALLON, and~ CYNTHIA SUTRYK. Re-Hearing: pu~sua~t~ to~ Resolution of. Board, of~. Appeals ~adopted June 13. 199~ to.~re-consider and re-hear appellard~' va~ionce~appli~G~m under Article~lll. Section 100-33. based upon the April 0`.: 199~ Notice of Disapproval- from the, Building Inspector~ to Iooate~accessery building/use in the front yaed area. Location of, Property: 3200 Seundvie~ Avenue. Matt'rtuck. NY; County Tax Map Parcel 1000-9~-2-5. P~cje 3 -Notice of~ Heari~ Southold: Town* Board of~ A~l~eals 'Regular, Meeting July 14, 199~ 5. 8:00 p.m, Apph No. 4253 - JOHN AND MARY WlSSEMANN. Variance based upon the June 16, 199q, Notice of Disapproval., from the Building Inspector for permission to~ construct accessory garage building with-an insufficient front,ya~cl setback at580 Clearview: Road. Lot No. ag:and part of 47 on the Development Map oft Cedar Beach. Southold~ NY; County Tax Map Parcel No. 1000-90-4-11.1. The subject premises isa wste~front parcel containin~ a total lot area of approximately, 4S.,000 sq; ft. (including Iow land subjeet to floodincj} and is~defined as a corner lot fronting along Clear View, Road and a private,right-of-way,to.the north. 6. 8:10.p.mo Appl. No. q25~- DEPOT ENTERPRISES; INC. Variance is* requested under Article: VII. Section 10~-71C (ref. 100-3tC-4. 100-33-) and under prior, vaeiance determined May ~11, 1993 under Appeal No. 41S7,, for permission, to modify, the northerly ya~cl setback for an accessory ball court. Lo~ation of,, Property:: 320 Depot Lane and 29325 Uain~ Road. Cutchogue;-. NY; County Tax Map Parcel ID, Ne. 1000-102-2-12.1. Subje=t premises, ~is, zo~ed~ Reaidential~()ffice,-(RO), and contain~ ~a tc~al, ~lot area ,of 1.6+- acres. The* Board of,~ Appeals, will, ,st-~ said, time, and pia~e hear any.-and all persons, er:, represefltatives desirir~ to-be heard, in, th~ above~mottee~. Writter~ comnmnts~nmy.,*alse~ ba submitted prior to, the coaclusion of, the subject heaeir~j, ~ hearin~ wiiF~not, start befoee.tha times, deaig~tated above,~ If you wis~ to ~ ,review. ar~y*,of~ the *above-files or, would, like,.to request- ,more, infoe-motion.~ ,please da no~,, hesitate, to~ cai4 76S-1809 or~ visit our office, Dated: June 27, 199~. BY ORDER'OF-THE*SOUTHOLD TOWN BOARD OF APPEAI:S GERARD P. GOEHRINGER;* CHAIRMAN By Lincla Kowalski X FORM NO...1 TOlVN OF SOUTHOLD BUILDING DEPARTMENT TO~N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... PLEASE TAKE NOTICE that your application dated ~ · · ,19~ ~.. fo, pe=it,o '~'?._~ .~..~..,-- .. '~_ .......... '"/"~ .... v" . . .............. ~~..~..~ ~.~, - co,= r~ " ..... ~ ' '~;~;' ............ " '~~ y x Map No. I000 Section .. ~ ~,__,. ~ --. ~ ~amlet ........... ~ ..... / ........ Lot ../Z< Z . . . Subdivision ....... Filed Map No. ~ ............... Lot No. . ~.~/~ ~ · , ; ,,' ~ .......... .. ~~..~~ ............ ~/ ' ~ =~ .... :' ZS~"~'~t~~ .... ...... ....~:.~..4~~ '~ .....~... ?~ '~ · .-g ...... ay X/ko FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL,: 765-180;~ Examined..~;~. ~. ........ , Approved ................. 19... Permit No.. BOARD OF H!rALTH ......... 3 SETS OF PLAN~: ......... SURVEY CIIECK ................... SEPTIC FORH ............. CALL .................. HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date, .~: /o 19;. ~. a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work 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. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~' ~. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, encneer, general contractor, electrician, plumber or builder. b ................................................................................... Name of owner of premises ................... ~ ............................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · Builder's License No../.'~....~..2'.~....ff.(... Cf.W./~.~./.g,>'~/X~c~ s Plumber's License No. Electrician's License No. ~.~.'~. Other Trade's License No..~/.~. ......... . ....... 1. Location or,and on which proposed work will be done. ¢Y.~(4/0. ltouse Nmnber Street Hamlet Cotmty Tax Map No. 1000 Section ~ Block ~ Lnt /~- / Subdivision ' Filed Map No Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~ J~O fg/~'r/~G . men cd usc and occupancy .................................... . ............................ 3. Nature of work (check which 0: New Building I"/ . ~ .......... . ......... Alteratzon .... : .... Repair .............. Removal ........ Demolition ...... - ............. Other Work ....... · ....... ///2 Yy,/ 4. Estimated Cost 2 (Description) (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 caxs 2. ............... 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 .................................... .~ ..... .... · Dimensions of Same structure with alterations or additions: Front ... 'i.. .. Rear ......... i ' ' ' Depth ...................... Height ..... )_' ' '; ............ Numbe?,of Stories .......... 8. Dimensions of entire new construct~ ........... ~4o.,.~, /~', z ,' on: Front .... ;,z Rear ~'~ "; ;;'Y ....... 9. "'" ... a .......... Nu, mber of Stories . .~..q~... · ...... Depth ............... · ~ze of lot: Front 3~.m .ar:y..~,,~/¢~'-~,)Rear ?~/' '})$$,'~ ............ 3,";: ');~3' ~ .... "d:'"~ ..... 10. Date of Purchase /~,~ .................................. ~aepm :/. ~h: ~'~,-.~e~ ............................ Name of Former Owner z~..,Z..q,q,,ia~: . 1 I. Zone or use district in which premises are situated ff.~.6..'. Does proposed Construction violate any zoning law, ordinance or regulation: ............................ 14. '~'-' ~ 72:; ;'~'/' ;/7/g}~;~',zv" Will ex[ess ~1 ,~e r~moved from premises· Yes ' ~ 'g: Address ,'/~ ).ZF ,a~z) -~ v_z,~ ................... ~ .... ........ Phone No .;r~6 2._~ Name of Architect .... L' ''-~' · t ............ , ....Address · · Phone . Name of Contractor . .Z/qd(~.4/. z3g/L~z,~'g..,'.'V~ Ad~ - ............ No .......... ' · ' ................. uress .................. Ph No .......... 15. Is t:hJ.s prOperey w~.th~.n 300 feet: of a tidal wet:land? ~'Yee ~ ~, one . .. ~If yes, Sout:hold Town Trustees Permit may be 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 YORK, &S · co,my ................. ./ ................. , ~ ... · (Name of individual signing contract) ......... being duly sworn, deposes ~d says that he is the applicant above named· Heis the ..~ ............................................................ ffi ) ' ' ontractor, agent, corporate o cer, etc. 3f said owner or owners, and is duly authorized to perform or have performed the'said Work and to make and file this ~pplication; that all statements contained in this application are true to the best of his 'knowledge and belief; and that the york will be performed in the manner se: forth in the application filed therewith. ;worn to before me this .......... ,./.0.. ~ ........ ~av of ... ~'~ ,~ q ~-/ i \ Pub.c.. /%._ '~' ' '~f' ' ................. Nota~ Public, atate o~ No. ¢952246, Suffolk Countlf. // {/ .......................... :~r,'~ Expir~ June 12. 19...'~ 55'- ~/ (Signature of applicant) TOWN OF SOUTHOLD, NEW YORX APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING ~oARD 'OF APPEALS, TOWN OF SOUTHOLD, N. Y. '' ' 1, (We) .................................. . .................................................................................................... ., · " Nome of Appellants' , ' ' ' - Street dnd Num0~r ..' . , , · · ~O~Z~ ; ..... HEREBY ~PP~L TO Munici~ali~ State THE ZONING BOARD GF APP~ FROM THE DECISION OF T~E BUILDING INSPE~C~ ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipali~ State () PE~IT T0 USE ( ) PERMIT FOR OCCUPAN~ l. EOGTIOM OF ~E PROP~ .; ~P ' " ' ~ - ~ _ j/.':/ ' 5Jreet,-/Hamle[,/ use District on Zoning,Mop ....... ~.CUfren[ ~net - Lot No.. P~ o ~ Owner .' E,,~~ Distr, ict q000 Section Mop No. , 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section /~- ~.~- C 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ('/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ) been made with ~espect to this deci'sion Of the Building Inspector or with respect to thi{ property. .. · Stroh appeal was ( ) request for o special permit [ ) request for o variance ~nd {vas 'made in Appea! No ................... ~...; ...... Dated ............................ ~ ...... ; ................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ormZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso 2. The hardship created is UNIQUE and is not shared by 'all properties' alike in the immediate vicinity of this property and in this district because 104/' · . ....... ~:.~ .. . ¢~u.t ~e ~va~n ,~n .. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY oF ) , . ~//,~ ~' Signature .s,o,~,o,,,,. ......... ,Z .............................. ·. . o,.:.....~:..:....~ ............. ............ ~ ~ry ~Dlic N~ Public, S~/e ~ Now Y~ No. 49522~, Surfak ~u~ Term ~ir~ June ~ ~ TOWN OF SOUTHOLD PROPERTY RE4 :ORD CARD OWNER STREET ~'~"0 VILLA. GE DIST. SUB. LOT Pay4 4'T..~ 49 / FOYER OWNER N E ACR. J 1.05 I S W ~PE OF BUILDING RESz/~ S~S. VL FA~ COMM. CB. MISC. Mbt. Value ~ND IMP. TOTAL DATE REMARKS N~ NOR~L BELOW ABOVE FARM Acre V~lue Per Value Acre Tillable 1 Tillable Tillable 3 Woodland , . /~.~ Swamplond FRONTAGE ON WATER Brushland FRONTAGE ON ROAD~ /~/g~ Hou's. Plot DEPTH BULKHEAD T~ol v~ ;, DOCK ! COLOR [ RI.M t !1 Extension ' "' Fire Place ~ E~ Heat F~ DR. ~,~, [ype Roof ~ P~T~ Rooms 1st Floor 3R. Porch ~ ~ ~ ~ ~ Z/ ~ ~ ~ecreation Room Rooms 2nd Fi~r FIN. B. Breezeway )riveway Garage Patio O.B. )LD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST......., ~. ~, t, i · '-'.','~1 ) :ORMER O~NER N E ACR. J ,/~) I ~ S W ~PE OF BUILDING RES. S~S. VL. ~/~ FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 W~dland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot J DEPTH BULKH~D Tota~ DOCK L .&r" LO'F :\ ,AT ~O'v,,"N: OF SOUTNOLD %LALE-Z~-i VAh~ '.,-tidy L,R C. Page 26 - Transcript oi~J~earings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MS. SUTRYK: I understand that. Oh sure, the building I guess you, I guess it's a square, I guess you can max it out at four, but then where would you put a tap room too, but if we had to put like an extra horse there for and put a ( ). I don't personally see us having any more than say three, two, two point five whatever you might want to call it. I don't really physically think that we could do more than that but the point is that we're building say a $10,000 structure, I mean at least give us the max on that structure then, like it's basically what I'm asking for. I mean ten horses, yeah, that's ridiculous. I mean if we ever tried to do that I could understand why the Board of Health would come and take them all away and take them some place else, but I mean at least give us the maximum on the building. With that amount of money that we're spending on it, I guess just the request is for the maximum. OK, then we would come to a variance if we ever get into really riding someday, you know continue from there. MR. CHAIRMAN: All right. Thank you. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. MR. CHAIRMAN: Ail in favor. MEMBERS: Aye. 8:23 P.M.t. 2 MR. CHAIRMAN: Appl. No. 4253 - J~anc~'I~,~WISS]~MA4qN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission to construct accessory garage building with an insufficient front yard setback at 580 Clearview Page 27 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals Road, Lot No. 49 and part of 47 on the Development Map of Cedar Beach, Southold, N.Y.; County Tax Map Parcel No. 1000-90-4-11.1. The subject premises is a waterfront parcel containing a total lot area of approximately 45,000 square feet (including low land subject to flooding) and is defined as a corner lot fronting along Clearview Road and a private right-of-way to the north. I have a survey produced by Robert Van Tuyl, P.C., dated April 13, 1994, indicating the approximation of this particular building 24 x 24 is proposed appears to be a one story structure approximate 12 feet from the right-of-way which is shown as a 50 foot right-of-way, but it really is only probably half of that in reference to actual width and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. BOARD SECRETARY KOWALSKI: We have a couple of letters in the file, Mr. Chairman. You may want to mention who they are. CHAIRMAN: One against. BOARD SECRETARY: None against. BILL KELLY: I'm Bill Kelly representing the Wissemanns in their absence] It's actually John and Nancy, I think you have in reference to Mary in the agenda. Their only concern is that they really have no other location to put the building, and the only reason for that is looking at the survey you can see the location of the cesspools, septic system, yet they can't go over top of them, and the other that they're faced with of course is the wetlands, and the fact that it's a waterfront piece of property kind of lends itself to a waterfront needs basically that the front yard be considered part of the yard Page 28 - Transcript o{~Iearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals and () water. On same cases that is the case. I don't know about this case, probably I should spell it out. In some cases you can select whether you want road side or water side to be your front yard. But anyhow, in regard to that, the biggest problem they have is they're really is only one location to put that garage and as a residence, I would think they would be entitled to a garage. CHAIRMAN GOEHRINGER: This is going to be a butler-type building? MR. KELLY: Well, it's a morton-type building. Morton is alot better. It's not necessarily as big as the steel building. An example of that is Koster's Funeral Home (Cutchogue) is a Morton Building. It's a building name, it's not necessarily a -- CHAIRMAN GOEHRINGER: Morton-type building? Isn't the cycle shop (CR48, Peconic) a MR. KELLY: It is a Morton building. So there's a wide degree of Morton buildings, from the farm structure to residential, garage and residences, we've built quite a few residences in the Hamptons and Koster's Funeral Home. The concern right now isn't necessarily what the structure is as much as the location Of the structure. CHAIRMAN GOEHRINGER: Well our concern is that in granting a structure of this nature in the front yard area, we Would want it to Page 29 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals conform to the jungle-type, because it really is a jungle-type of atmosphere. MR. written, they're intention is to camof]auge plantings that will grow over the top of it. side, steel sided, or other type of side. itself is a wood-frame building. KELLY: I think their intentions of some of the letters they've the building by doing Whether it be wood The building structure CHAIRMAN: The skin is -- MR. KELLY: The sking is whatever they choose. Currently the skin has been chosen to be a steel skin, and it would be of an earth-tone color, a brown color, and I have color charts that you can choose from as far as that goes. But they're totai intention, the letters that they've written to go opposed to the Zoning Board, they seem to be ( ) to camoflauge the building with a trellis and plantings. It wouldn't matter what was on there. CHAIRMAN GOEHRINGER: I thank you for staking it because it certainly made it interesting trying to find it. There is some concurrence in reference to what you're saying in reference to placement, you know. I do feel badly because I did read this letter Dr. Bleifeld and I am aware of his concerns in reference to its closeness to the right-of-way. Page 30 - Transcript of--Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals BOARD SECRETARY: There's another -- CHAIRMAN GOEHRINGER: Yeah. Right. BOARD SECRETARY: Wissemann -- another letter there from Mr. and Mrs. CHAIRMAN: I read that. SECRETARY: They mentioned that they spoke with Dr. Bleifeld. CHAIRMAN: Does anybody have any questions of this gentleman? MEMBER VILLA: The building is 24 by 24. Does it have to be that big? MR. KELLY: It's a two-car garage. Which basically a two-car garage, if you figure the dimensions of a car, typically a car is actually six or seven ft. wide, usually anywhere from 16 to 20 feet long. And if we put two of them side by side in the garage. If you look at most architectural plans or pre-fab plans of any type of two car garage the dimensions are usually somewhere in the area of 20 x 20, 24 x 24. BOB VILLA: Ail right. While I was down there I noticed that there is a shed attached to that concrete wall. It's about five foot deep. Are they going to leave that there? · Page 31 Transcript - o Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals BILL KELLY: I think they are. It's shown on the survey. MEMBER VILLA: Yes, I know. BILL KELLY: And all that's really used for is bicycles. I know they keep their bicycles and other miscellaneous stuff in there. I would assume, I would assume that there going to keep that there ( ). MEMBER VILLA: All right. The distance between that shed then and the stakes that you have there are ten feet. BILL KELLY: Right. MEMBER VILLA: Can that garage be cantered somewhat so that, I would think if you cantered it so that there is a 5 foot distance between that corner which would be what, the easterly corner I guess you'd call it, it would be 5 feet from that shed. Actually it would turn the front of it so that it would be accessible to the driveway. BILL KELLY: Yeah, I see at that point there's actually no dimension there and I do have it staked out. MEMBER VILLA: Yes, it's about l0 feet, because I --- BILL KELLY: Yeah, and our concern, our biggest concern in staking it out, the reason we staked it out the way we did was the cesspools. MEMBER VILLA: But it could be cantered that way which would pick you up another 5 feet from the roadway. BILL KELLY: Yeah, we found the first cesspool, the second one is located on the map, but I don't think we found the cover out there, the diameter and stuff but yeah I think THAT"S__. MR. CHAIRMAN: Do you want to give us an idea of where that location is so that we can ...... Page 32 - Transcript o]~¥Iearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, that 12 foot dimension, if you increase that to 17 feet you'd be just canting that garage around a little bit so that you'd be picking up the distance from that corner. MR. CHAIRMAN: Yeah, but wouldn't the corner of it, wouldn't the corner of it then be right adjacent to the storage building? MEMBER VILLA: No, it'll be 5 feet. BILL KELLY: For accessibility. Around 5 feet for an existing building which the, the, that's the area that we have the difference to fit this thing and however we can put it in there. I'm sure that they wouldn't be opposed. MEMBER VILLA: In other words what I'm basically saying is that you were asking for 12 feet, if we made it 17 feet you could live with it. BILL KELLY: If we can get it, yeah. MR. CHAIRMAN: Ail right. Thank you. This is a one story structure, is that correct? BILL KELLY: Yeah, that's a one story structure. MR. CHAIRMAN: And it will contain the utility of electricity I assume, nothing else? BILL KELLY: No electricity. MR. CHAIRMAN: No electricity? BILL KELLY: No electricity, not at this time, but I don't think anytime in the future. MR. CHAIRMAN: Good, thank you. Is there anybody else would like to speak in favor? In favor, yes, how do you do ma'am. HILDE MICHEL: I'm hoping to show. I used to live on Cedar Beach. I live on the Main Road now. I want to read you a short piece out of a Page 33 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals letter I just received today. "Also plan to add additional evergreens to fill in any visual gaps. Also suggested by John is a trellis on the sides of the building to grow the same ivy which is covering our house." Their interest would be to have it green, not to have some building. Esthetically, they would not want anything that didn't look well down there or that it would detract from the so-called jungle. MR. CHAIRMAN: Yes, I shouldn't, I shouldn't really of used that, but I tell it like it is. MRS. MICHEL: I used to weave down there, that why we .... MR. CHAIRMAN: I should point out to you that in, with concern of neighbors and in the years past in decisions, we always say that the color of the building, OK, is something that we don't necessarily legislate or really can't, but we asked for a color which is conducive to the surroundings and that's basically one of the phrases that we would use. MRS. MICHEL: Am I right that this would be an earthly color building? BILL KELLY: Yes, an earthly color building. MRS. MICHEL: And he proposes to erect lattice work and let the ivy go up and --- MR. CHAIRMAN: Which would only make more sense than make it a steel building because then it won't rot anything. Thank you. Anybody else in favor? Anybody against? Seeing no hands, question? CHARLIE MICHEL: I just have one point, Charlie .Michael, former neighbor of John and Nancy Wissemann. You spoke about cantering it around but since the apex is the closest point to the road and Page 34 - Transcript carings Regular Meeting of July 14, 1994 Southold Town Board of Appeals obviously as you get further from that corner it falls away at 45 degree angle, ff you canter and it's not going to fall away on one side at a 45 degree angle, you're going to, you have more of it would be exposed. This would be optinmum placement, viz-a-vis road and anybody driving down the road. MEMBER VILLA: You gain five feet. MR. CHAIRMAN: We are with the opinion that the building is going to stay approximately in the same position except that we're just moving that one corner over closer to the storage shed, is that correct? MEMBER VILLA: Yeah, it might swivel a little .... , which should make the doors more easily available from the driveway. MR. CHAIRMAN: OK. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:35 P.M. MR. CHAIRMAN: The last hearing of the evening is in behalf of Appl. No. 4254 - DEPOT ENTERPRISES, INC., Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot L~ne and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of SQuthold, New York, hereby refers the following to the Suffolk County Plap_ning C~,~,~ssion: .. Variance from the Zoning Code, Articlelii , Sectionlo0-33-~ __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit Appeal No: 4253 Applicant: JOHN 7 NANCY wISSEMANN Location of Affected Land: 580 Clearview Road, Southold, N.Y. County Tax Map Item No.: 1000~090_4_11.1 · · Within 500 feet of: X Comments: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Applicant is requesting permission.to nnnmtrlJnt ~Cc~SO~ ga~mge building with ~n inm~Jfficient f~nnt ym~ ~m~b:"~ ~0pies of Town file and related documents enclosed for your review. Dated: July ~/¢' , 1944 APPEALS BOARD MEMBERS Gerard P. G0ehringer, 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 July 25, ~994 Mr. and Mrs. John Wissem~nn 580 Clearview Road P.O. Box 524 -, Southold, NY 11971 Re: Appl. No. 4253 - Variance for Accessory Building Dear Mr. and Mrs. Wissemann: Please find enclosed a copy of the findings and determination rendered by the Beard of Appeals concerning your recent appHeation to locate a 24 ft. by 24 ft. accessory bulldin~ in the front yard area. Before commencing alteration activities for thi.~ project, please return to the Buildin~ Department for submission of other documentation which may be needed for the issuance of a building permit. Also, sinee thi.n preject is located within 500 of a waterway, copies of tkis file have been forwarded to the Suffolk County Department of planninE in aecordanee with the referral requirements provided the Suffolk County Administrative Code. We will furni.~h you with a copy of their comments, when received, for your update. Very t~tly yours, Linda Kowalaki, Clerk Board of Appeals Enclosures Copies of Decision to:~ Building Department Suffolk County Department of Planning Mr. Bill Kelly (Contractor) Loc^no. STOCK COLOR ~ ~O~ IGutters DrainI SPECIFY STOCK COLOR (See Floor Plan) ~ · ~-~# ~='~ Set Doo~: "Above Grade. : MSb2'rmU. o Headroom Required /~ · Be . ~, ~:~ OVERHANGS ..( F rm 88 6~92 One Square Equals I Feet Date: 'r From design through construction, let us help you determine the Morton Buildings' suburban facility that can best meet your needs. As a leader in the pre-engineered, timber-column building ii~dustry, we can offer you the kind of quality you can trust. And with over 85 years of experience to our credit, our company-owned building network, complete with over 100 local sales offices, is only a phone call away. Company-trained personnel including our construction crews will handle your suburban building project with efficiency and professionalism. Our suburban buildings can be utilized in many ways from storage of your automobile or recreational vehicle to a home workshop. With a wide variety of interior and exterior finishes plus an ex- tensive range of building sizes, we offer you the kind of flexibility you deserve. Ask about our protective and attractive wainscots. We also give you the flexibility to use other roofing materials which will blend with your existing home or property. Our Energy PerformerTM package has proven to be a popular option offering you significant energy savings. Our excellent warranties in- cluding a 20-year protection against red rust on our Plastisol- coated roof panels are some of the best in the industry. Mll'roItl BUILDINGS, lllC. 252W. Adams, P.O. Box 399 · Morton, Illino~G155OQ_ .39cp Deliver To ' ' _Phone Address ~:~. , .AeEA COO~ ~P CODE JOB NUMBER Salesman 2; ' ' · : -: ::' Site Prepared DatesT^'m '4T':~ BID JOB Y~ /No (c~ ~ PREVAILING WAGE JOB Yes / ~ No ;~ ~ ~)URCE ~P~-~ CODE .c..,..,.. / ? ~ :~,~-~'~,~ BUILD NG SPEC FICATION STYLE WIDTH HEIGHT I LENGTH ~ PANEL USE, PAINT TYPE & COLOR ~: ~ ~ ]~""~"~"V. H-"~ WAINSCOT E.~D DOOR CO,o. t PRICE : ~ ~n ~ ~ ~h m~; ~e final u~ ~mp~; a~ If ~re~ ~ ~s ~ n~ ~ ~e ~ ~nt ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. m~ ~ a ~ ~, ~.: ~ ~ (~IMI~ ~e R~) ~ ~ ~ thl. ~nt. A The underMgned hereby w~rmm ~nd repm~entl thet he b m~ord of the premlmm upon whk=h thle Imlldln~ il to ILDINGS, INC.- id y- e. PROTECTING YOUR iNVESI'MEN 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 June 27. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: RE: Mr. and Mrs. John Wissemann Morton Buildings. Inc. {Attn: W. Public Hearing - July 14. 1994 Kelly) Dear Mr. and MFs. Wissemann and Mr. Kelly: We are in receipt 'of your recent application under the.Southold,Town Zoning Ordinance and have forwarded notice fo~ publication this week to the/ocal and official newspapers of the Town. to wit: Long Island. Traveler and~ Suffolk Times. Copies of your file have been distributed to the, Board Members for additional, review and individual: on-site inspection, expected within,, the next 10 to 1~. days, If you have not already staked the proposed new, construction, we ask, that you. please, do so. immediately- since board members wi.ti, be stopped by and may have difficulty locating your parcel if it is not identified. It would, be helpful if you would also post a temparary sign in a conspicuous place visible,from the road indicating that your property is the subject of a variance aLthls time; Please remember that it will be necessary for one.of, the property owners, or, if the proper~y owner is ,not available; then someon~,-fully familiar with the property, to appear at the public hearing at the time specified in the attached Legal: Notice.- Also. the.person appeerincj~ at the hearing, sheuid bring with him a sketch shewing the trees and; other screening, that~ exist and are propesed~ If you: ha~e questions~ please contact our .office or call.,us 765-1 Yours very truly. Linda Kowal:ski Cle~,k. Board-of Appeals Enclosures 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 July 29, 1994 Mr. and Mrs. John Wissemann 580 Clearview Road Southold, NY 11971 Re: Appl. No. 4253 - Variance for Garage Dear Mr. and Mrs. Wissemann: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Pecenic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals ~OUNTY OF SUFFOLK ROBERT J. GAFFNEY BUFFOLK COUNTY EXECUTIVE e,(c.;,:l~, ;,,'.:;, "' STEPHEN M. JONES, AJ.C.P. DIRECTOR OF PLANNING July 28, 1994 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)~which have been referred to the Suffolk County Planning Commission are considezed to be a matter for local determination. A decision of local determination should not be comstrued as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Morsch, Marilyn Wissemann, John and Nancy Depot Enterprises Inc. 4251 4253 4254 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 TO: DATE: RE: ZBA Chairman and Members June 29. 199~, Appeal Application of John W~ssemann for Garage with reduced front yard setback Received call today from Dr. Bleifeld who objects to Ioceting;a Morton building garage .at 12 feet from the front line along his 50-ft. ROW~ He would like,to see cedar sidin~ which would bleRd,in with the natural surroundings and~ perhaps ~remova~ of the cinder block wail which is in the front-of ,the house,and is unsightly. He does not feet that cedar trees would grow, well since his,own cedars died this past year due .to the weathe~ conditions, Would like to know if a one-car ga,~age could, be alternatively granted, with a greater setback closer to the house., and with cedar siding? He also asks if Mr. and Mrs. Wissemann'woutd,contact him to discuss the garage with him:. (Mr. and Mrs. Wissemann are in Germany until the end of July, but builder W. Kelly is to represent them at, hearing on July l~,th. Told Dr. Bleifeld it is possible the hearing will be recessed by board resolution until August when the,owners return. ) 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 June 27. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Charles J. Bleifeld~ MD St. John's Medical Office Building 48 Route 25A. Suite 106 Smithtown. NY 11787 Re: Appeal-No. 4253 - Jon and Mary Wissemann'(Variance/Garage) Dear Dr.. Bleifeld: Your letter- of June~ 18. 1994 has been forwarded to the-Board Members · and, the ~ applicants and has been made ,a permanent part of the above-referenced filer Mr. and Mrs,' Wissemann;- we understand; are in Germany but will have a builder representing them while ,they are away). The hearing on the.application, has been advertised for 8:00 p.m, July 14. 1994, at which time you may appear.. It is expected that-the Board will inquire at that time as to the, ex-tent, of lar~dscapin9..- which is a normal part of the variance review. We will meet in the 9eneral assembly- room at, the~ Southold, Town Halt., Main. Road. Southold. New, York. In response ~to your inquiry concerning, the ~elevation of. the building, .we enclose a copy of a diagram showing a proposed height at approximately ten |10) feet. INormally. a garage:in a front yard would, be permitted at an average, height-of. 18 feet in the required location; ) Very truly yours, Enclosure Linda Kowalski, Clerk Board of Appeals NORTH SHORE ORTHOPEDIC SURGERY and Sports Medicine, PC Sanford C Scheman, MD, FAAOS, FACS Charles I Bleifeld, MD, FAAOS FACS Gerald, s Wer~lieb. MD, FAAOS, FACS Keying Vesey, MD, FAAOS RichardA Weiss, MD 9 Regal Ct. St. James, NY 11780 June 18, 1994 Board of Appeals Town of Southold SouthOld, NY 11971 Dear Sir: We have been notified that John and Nancy Wisseman have applied for a variance for the purpose of building a garage in front of their house on our right of way (Private Road # 16). The proposed structure would be twelve feet from the right of way. Zoning regulations require that it be a minimum of thirty feet. We are strongly opposed to this variance as it is much too close to the mad, and would alter irrevocably the rustic nature of the area. To date we have been supplied only with a suwey showing the proposed structure; we would be glad to reevaluate this proposal after seeing elevations of the proposed structure as well as landscaping plans. Thank you for your consideration. Sinc.~erely ~'o~rs,. , Char~s J. Bleifeld~MD St John's Medical Office Building, 48 Route 25A, Suite 106, Smithtown, NY 11787 Tel: (516) 862-3660 Fax: (516) 86213668 :NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to · Law and ,~1~ C~de.6f?~h~ T~9~' ~f Southoid, that the following public ~ hearings, ,,viii, ,be ~'held by the SOUTIIOLD TOWN BOARD OF APPEALS, at the Southoid Town H~t{I, 53095 Main Road, Soutbold New Yo~ I 971, on 'rltuRSDA¥~ JULy 14, 1994, commencing at the times specified bo}ow: 1.7:30 p,m, Appl. No. 4250 -- WILLIAM and IIELEN CHILDS. VaHance to the Zoning Ordinance, Article Ill, Section 100-33C based upon tba March 29, 1994 Notice of Disapproval from the Building In- spector for permission to locata nc. cossory garage with reduced front yard ncthnck(s) on ~s corne~ Is. The subject premises Contains a total lot area of appmximataly ~0,500 ~qua~ f~-t and fro~ along Brushes Creek,, Peconic"Bay Boulevard, and Mearobiao Drive. S1ruct Address: 1780 PecO~c Bay Boulevard, Lauvel, N,Y.; County Tax Map Parcel No. 1000-145-4-2.1 (pray, 1 &2). 2.7:35 p.m, Appl. No. 4252 -- DENNIS R. and ANN L; EANNON. Variance to the Zoning Ordinance, Articlu ILIA, Section i. based upon thc June 16, 1994 Notic~ of Di~app~oVa~1 from the Building ~ inspc~tor, for permission'to Iocazo pmpo~d addition with an insufficient, mar yasd setback. Thc sub, ct premis~ es con,ns a total lot ar~a of approx mainly 12.300 square feet and is a cncncr IoL Location of ~peny: Mary's Ro~d (a/k/a 645 Namiltorr AvcoueJ. M&ttituck, N.Y.; Count). Tax Map Puma1 ID No. 1000.140-2~ I. 3.7:40 p.m. Appl NO. 4251-- MARILY~ $. MORSCII. Yatiancc' to thc ~oning Ordinance. Article IliA. S¢ctioh~ 100-30A.3l based upofi thc~ Juan 6. 1994 Notice of Disapproval from thc BUd ng Inspector. for approval ~f an "as built" wood deck addition- ~vit[~ ~ ~ide yard setback at .. less thnn ~be required 15 feet and less :.-and ~0 feel. The subject premises.--. ~4~,409~$q~are feet in-'thi~ R-~0 S~l~e.~uthbld ~1 ¥-~Co~tv Tax map Pamel No 1000-54-5- 6~'= ~:KIM FALl. ON and CYNTHIA-~' ~$IJTS~rK. ~i-X~ari~g pursu~nt-t(~ Re~sJ~ii'0~ 0f Eba~d of Aoo~a s ~.dop~t~l Sunq 3..1994 oxe,consader.. ~'and re-hear-ap~ellan~s'-vatiance ap plic~ion under Article I1 Section, "~100-33.,~i~ed upon the April 4,.1994~' Notice of Disapproval from the' ~_:_Building Inspector. to locate acces-. ~1~ b r~ u d~ ~u s ¢~161t~ e ~f~h~Lvard~ ~,ouflry To, Map Parcel 1000-94-2 and MARY WISSEMANN.,'l ~! ,tiothti~4aapee~ee~atiaa~o~,~ ~ of Mattituck, il , construct accessory garage building '[ with ani_ta __atTire _eant~dd~?boct' ~ ~ald County, being duJy sworn, says that he/ah, at 580 Clea~ew R6agl, t~t'Nd: 49~* IR Prinelpnl Clerk of THE 8UPPOLK TXMES, and part of 47 on the Development Map of Cedar Bench, ScothokL N Y; Weekly Wewspaper, published at Mn~:tltltck. County~ax Map Parcel No. I000-90- the Town of 8outhold, County of Suffolk an( 4-11.1. The subject p~'emiscs is a waterfront parcel containing a total lot ' 8tare of New York, and that the Notice of whic] area of approxinfately 45,000 sq. ft. (including Io9~ land subject to flood- the nnnexed la n printed copy, him been lng) and is defined as a comer lot ly ptll}l~hed in IHlJd Now~p~IN~ once e~ch fronting along Clear View Road and a. ' ' private tight-of-way to the north. for weeks mAeeesslvely, ~ommeneing OI 6. 8:10 p.m. AppL No. 4254 -- DEPOT ENTERPRISES,' INC; the ~)~) day of 19~_=~._. variance is requested under Article' VII, Section 100-71C (ref. 100-31C- 4, 100-33) and under prior variancc~ . ~i~riNA~ det~rrniandMay I1. 1993 under Ap- N0tmyPublio,$tatoofNewYork pehl No. 4157, for permissico to mod- No. 6004884 :ify the northerly yard setback for an Quallf~d bt Suffolk Counw {~=/ Principal Clerk I' ~nccess°tY ball court' L°cafi°n °f ~openy? 320 D~ot Lane and 99325 Main Road. Cmcbognc. N.Y.; County Tax Map Parcel ID No. 1000-102-2- 12.1. Subject premises is zoned ~ to]bcfor~ Residential-Office (RO) and contains f~9~ a total lot area of 1.6~ ec£es, day 0 ~ The Board of Appoa[s will at ~ald time and place hear'any and all per- sons or representatives desiring to be beard in tho above mutters. W~tten comments may also be submitted prior to the conclusion of the subject heating. Each hearing will not start before the times desi ~g~tmed above. If you wish to review any of the above files or would' til~e'xo ~qu~'st. move information, plebe do not hesime to call 765-1809 or visit our office. Dali: June 97. 1994. BY OI~ER OF 2;HE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER. ,. ,~ ~ CHAIRMAN ' 7988-1T$~30 By Linda Kowalski ~ NOTICE OF ~ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southolgl, that the following public hgarlngs will be held by the SOUTHOLD TOWN, BOARDOF APPEALS, at ~th¢~oti)hold To~wn Hall; t58095'M,aln Road, SOuth01d; New i' .York !1971 on THUR'~DAY, ~. JULY 14, 1994, i, ~ommencmg at .thc times ~specified below~ ~ !. 7i30 p.ml Appl. No. 4250- WILLIAM AND HELEN CHILDS. Variance to the Zoning Ordinance, Ar- ticle !II, Section 100-33(2 based upon the March 29, 1994 N'otice of Disapproval from the Building Inspector for permission to locate ac- cessory garage with reduced front yard setback(s) on this corner lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard, and Mesrobian. Drive, Street Address: 1780 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 100-145-4-2.1' (pre~. l&2) ' 4~2~DENNIS~R.~d ~ theZ~.ning Ordinance, Arti- '~wood deck addition with a side yard~ack at less than the requii~['15 feet ahd less than the total side yards re- quired at 15 and 20 feet. The subject premises ~:ontalns a (conforming) total lot area of 40,409 square feet in this R-40 Low-Density Residen- tial Zone District. Property Location: 630 North Sea Drive, Southold, NY; C0un7- ty ~ax -Map Parcel No. 1~54-5-16. 4. 7:45 p.m. App.17-No. ~ 4235-' KlM FALLON and CYNTHIA SUTRYK.~ Re- Hearing pursuant to Resolu- tion of BoaYd of Appeals 'adOPted June 1371994 tore-' consider and rehear ap- pellants' variance applica- tion under Article 1II, Sec- tion 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building InsPect°r, tO locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel// 1000-94-2-5. · 5. 8:00 p.m. Appl. No. 4253- JOHN AND MARY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission.to construct ac- cessory garage building;With : an ins~fficient~ fro~hv~'~et: baC~ ~it 580 Cl~rR~i~,' COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the 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 successively, commencing on the .... ~. ~ .... daYl9.?~...of ..... ~ .......... , Swo~rn to before ~e ...~ ..... day of c on this cie IliA. Section 100-3,0~A.3~, · Lot No~ 49 a~d pa~t~0f47 on. mottce o! ~lsapp~rovm trom i CedarBeach Southold~ NY; ............................ ~..~tC~.~c~t~..C..... b,. e~Bu![di.ng~lnspeCtor,~for : COuntyiTaxMaP ~1N9. Notary Public ~i~sj~.tg,~o~?~te~ P~pos~ 1000.90~zlI.I ~!,The~ubjeCt ~court. Location of Property · l?reml~,~t~r~fraoat. ,~:~20, .Depot ~e and:29325-~ BARBARA s, ubject:,prem~ses ¢onta,ns a ~. ,a~, i~.[,~.~ t.".~_'5;0~0 ~o~fi~t~Fax Map Parect ID~-~e No. 480¢~46 . td~alHl~P~dg'~f~JipProx: !;iq!:~'~.~{~'~i~i~l~_~'~,.~/O.~l~000:102-2,12:,LSubject. Quatifi~dinguffolk00~n~ . imately 12~3~ qq~m:.feot ' subj~t: ~0 ~fl~di~)~ :;~p~emises~:;~;-~. is ~,~: ?°bed :, C0mmi~n ~ defin~as:a ~ Residential-Office (RO) ~ Con,ns a total Jot ~ ~ ~i ~did ti~e andPlace, heaL Copies of Legal Notice semi'to the following;6/27/94: Cynthia Sutryk and Klm, Fallon 55 Harbor View Avenue Mattituck. NY 11952 Dr./Mrs. Robert Hariri 61 Lafayette Avenue Chatham; NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattituck. NY 11952 M/M Demetrio, Lavecjlia 97-24 116th Street Richmond Hill, NY 11419 Mr. and Mrs; William Childs 1780 Pecon[c,Bay Boulevard P,O, Box 56 Laurel; NY 11958-0056 Mr. and,Mrs. Dennis Bannon P.O. Box 920 Mattituck. NY 11952-0920 Mr. Mark' Davis Mattituck. NY 11952 Mr. William Kelly ( Builder for Wissemanns-) 22355-~Cox - Lane; Unit Cutchocjue. NY 11935 Mr. and Mrs. John.Wissemann P.O. Box ,524 Southold; NY 11971 {for forwarding~to Germany) Charles. J. Bleifeld, M.D. (Owner-of· 50' ROW~ northof Wissemanr~) North Shore Orthopedic SurgeFy 48 Route 25A, Suite 106 Smithtown, NY 11787 Patricla C. Moore.' Esq. (Re. Morsch) P.O. Box 23 Westphalia. Road Mattituck. NY 11952-0023 Copies to Town Clerk (TBS TA). P,B. and Building,Depar~tment Copies of ZBA files, as of date of filing~ to ZBA Members 6/2~/9~ for inspections Posted on Town Clerk · Bul,letin 'Board 6/27/9~ Delivery to Local Newspapers I Travele~-.S Times 6/27/9L~) 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 ' June 17, Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4253 Project/Applicants: County Tax Map No. Location of Project: John and Mary Wissemann 1000- 90-4-11.1 580 Clearview Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct.accessory garage with an insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY 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) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 17, 1994 ZONING APPEAL APPL. NO. 4253 - JOHN & NANCY WISSEMANN Transmitted herewith is ZONING APPEAL APPL NO. 4253 - JOHN & NANCY WISSEMANN together with the Consent to Inspection, a copy of the Morton Buildings, Inc. brochure, a sketch of the proposed garage, the Notices to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the application for Building Permit, a Survey Map of the Property, a copy of the deed, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Certificate of Occupancy, and 3 photos of property. Judith T. Terry Southold Town Clerk FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No... 60 ................. Dote ...19...Jaz~uar~r. .............................. 19..~. THIS CERTIFIES that the building located at .~'.~'a. te...~'~g~t..o_f'...wa.~. ................. Street ,r~[ Southold Mop No ..................................... Block No. ..... Cedar.... ........................... Beach Pa at No ..................................... conforms substantially to the Application for Building Permit heretofore filed in this office doted ........... J~l~,~'..~,.~'. ........................... 19...~., pursuant to which Building Permit No ...~.....b~ ............ , dated .~13.]~r.... '1 ~'. ..................................... 19~.. ....was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ............ ........... ne.w.. ~lwe~l ling ...................................................................................................................... This certificate is issued to ..JQkLrk..J...,...~/,,~,~.s.e~,a~ ............................................................................ (owner, lessee or tenant) of the aforesaid building. Building Inspector/ The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental review will be m~ae by thzs before any action is taken. project and the likely impacts of the action. It is not expected that (b) If any question has been answered' Yes the project may be sig- (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assesemeh~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land9 2. Will there be a major change to any unique or unusual land forra on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes l/No 4. Will project have a potentially large impact on groundwater quality? Yes ~/No 5. Will project significantly effect drainage flow ~Yes 6. Will project affect any threatened or endangeared plant or animal species? Yes UNo 7. Will project result in a major adverse effect on air quality? Yes (~No 8. Will project have a major effect on visual char- known to be importaut to the community? __Yes ~No 9. Will project adversely impact any site or struct- 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~/__._No 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. Will project affect the existing community by period or have a major negative effect on the charact~ of the community or neighborhood? Is there public confroversy concerning the IS. Representing 'ZBA 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Aoplicant or Project sponsor) ' t. APPLICANT/SPONSOR t 2. PROJECT NAME I '3. PROJECT LOCATION: SEQR r-i New ~ Bxoan~ioll 7. AMOUNT OF t. AND AFFECTED; InRla,y ... acres URImately WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER [] Yes [] NO If NO, dl$Cri~ I]rlefly 9. WHAT IS PRESENT [.AND USE iN VICINITY OF PROJECT? [] Yes [] NO I! yes, list a ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. 12. AS A RESUI [] Yes [] NO CURRENTLY VALID PERMIT OR APPROVAL? 13erm~tlap0toval WILL EXISTING PERMIT!APPROVAL REQUIRE MODIFICATION? E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Da[e: the action is in the Coastal Area, and you are a state agency, complete ttte Coastal Assessment Form before proceeding with this assessment 1 side) OVER I .(¢ont. inued on revel'se QUESTIC.~AIRE FOR FILII~G WITH YOUR Z.S.A. APPLICATION A. ·Please disclose the names of the Owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) ~. Is ~e sU~jec~ premises lis~a~ sale. or being shown to prospective buyers? { } Yes C. Are there 2. Are there any areas whic~h, contain wetland grasses? ~ 3. Is the property ~ulk~e~d between the wetlands area and the upland building area? _ ~O 4. ' If your property contains we=lents or pond areas, have you contact_~d 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 fenc~_s which e~ ~t ~nd are not shuwn on tb.s survey map that you ar~ · submitting? ~ If none exist, please state "none." · G. Do you have any censtru$~ion taking place at this time concerning your premises? /&/c~ If yes, please submit, a copy of your building permit end, ap as approved by the Building Department. If none, please state. ~- Do you p~ any co-owner alsd own other land close to this parcel? ~/O If yes, please explain where or submit copies of deeds. I. Please list present Use or operations conducted at this parcel ~ ~ proposed use ~ ~ and ~nofl~cd Signature an~ Date ---- 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. Tiq. USTEES __ The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L. ~%ro. 6-1954! 'W~ ~'~-%FDS [Amended 8-26-76 by L.L. No.2.197~; 3-2~- A. IIDAL WETLANDS: (1) All lands gene~lly covered or in~rmittentiy ered w/th, or which border on, tidal ws~. or lands lying beneath tidal water, which at mean i~ tide are covered by tidal w~te~ ~ a m~ximum de~th of five (5) feet. ineludin~ but n~t limited ~ ban~, . bogs, salt marsh, swamp~, Iow lying lands subject (2) All banks, bogs, meadows, ~a~ and tidal marsh ~ubjeet to such ~ides and upon which grows ~r may ~ow seine or any of the follow/n~ ~al~ hay, black gr~, saltwort, sea lavender, ~ll eord~ass, high bush. cat.ils, groun~eL - ~ll ~d ~mmedlate~ =d~acent defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the mos~ landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwn[er Wetlands" as defined in Article 24. Ti- fie 1. ~ 2.1-0107. Subdivisions l{a) to l(d) inclusive. of the Eavironmen~l Conhervntion of New York: and L~w of the S~te (2) All land immediately adjncen~ .and." as defined ia Subsecuon B(1)~nd lyin~ w/th- In seven~}.-five (75) feet la,,dward of the mos~ land- ward ed .. . ge o[a fresnwa:er wetland." 9705 CONSENT TO. INSPECTION )O~J~ ~ ~4 ~q~)~r) , the undersigned, Owner(s) Namd(s) do(es) hereby state: That the Grim owner(s) of the premises in the Town undersigned (is) of Southold located at '~) ~'~l~Y'-~l~t2,-J Rd 10% ].~.r/ ..~ 49 ~J.~, , which is shown and designated on the Suffolk County tax map as District 1000, Section ¢~.._, Block 4 , Lot It. I That the undersigned (has) (have) filed, or caused to be filed, an applina- tion in the SouthoId Town Building Inspector's Office for the follmving: That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the Town of Southold. Dated: (si~adture) (print name) (print name) and flfty- sevan, BEI~ JO. HN Jo WISSE~ANN and NANC~ N. WISSEMANN, his wife, both residing at Southold, Suffolk County, New York, , the mortgagor, and sObTHOLD SAVINGS ~ANK a banking corporation organized and existing under and by virtue of the Laws of the State of New York, h~ving its principal office and place of business at Southold, Suf£olk~ County, New York, , the mortgagee, WITNF-.SSETH, that to secure the payment o£ an indebtedness in the sum of .................. oTI~ 2*rlOUS3ND F~B/E FIUNI~tED ($10, fi00.) ................... -dollars, lawful money oi the United States or so much thereoi as may be advanced, to be paid on September 2~th, 1977, with interest thereon to be computed from the date of each advance, at the rate of .... 4-1/2--- per centum per annum, and to be paid on the 27th day of October, 19 67 , next ensuing and monthly thereafter, according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee ALL that certai~,~_rlot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~' a~ Bayvlew, near Southold, Im the Tom of Soutnold, Cowry of . Suffolk and State of New York, known and desi~ated as a portion of Lot No. 49 on a certain map entitled liSubdivialom t.:~p of Cedar Beach Park situate at Bayvisw, ro~,u of Son,hold, New York~ made by Otto W. Van Tuyl, September 15, 1926 and filed ' in the Suffol.~ Cot~ty ClerkSs Office as ~p Number 90, together wi~h a 30 foot strip of laud adjoining said Lo~ No. 49 on the southwest and extending from the easterly llne of Clear View ~.oad ~u~hea'sterly to Sandpiper Easin, ~nich portion of said Log ~o..%9 ~ogegher with said 30 foot strip of land is more particularly bounded and dezcribed as follows: BEGIbI~QING ~t a poin~ £ormed by the intersection of the westerly comer of the pre~mlses herein described wl~h ~he northerly corner of Lot No, 50 as shown on said map, and ~he easterly line of Clear View Road; run~ing thence North 26 degrees 86 minutes 40 seconds East a di'atan'ce of 101.11 feet to the southerly llne of a certain 50 foot easement and ,right of ~my herO,after' described; r~ing thence ~oul~h 66 degrees 62 minutes ~0 seC°~ds ~ast a distsr~ce of 19~.$1 feet to the westerly or southwesterly line of Lot No. 47 as ~own on said map; rtmning th~ce South 23 de- grees 49 minutes 50 seconds East a distance of 68.40 feet; running thence South 66 degrees l0 minutes l0 seconds ~est a distance of 25.0 feet to or~dnary hlghwater mark of Sandpiper Basin; running thence in a westerly, sou~hweste~'ly, southerly, southeasterly, southerly and southwesterly course along said ordinary highwater mark of Sandpiper Baal= a distance of 210 feet, more or less, to the northerly or northeasterly line of Eot No. 50 as shown o~ said map at a point ~hich is South ~ degrees 56 minutes 40 seconds West a distance of 1~4.06 feet from the terzinus of the last mentioned course; runz~lng thence North 3~ degrees 23 minutes 20 seconds West a distance of 260.0 feet along the northeasterly line of LOt ~o. 50 as shown on s~ld map to the easterly or southeasterly line of Clear View Road at the point or place of beginning. ,, ~,, ..~ ,,, TOGETHER with a permanmt easement and rlgh~ of way, in coca,on with others, for ingress and egress to and from Cedar Point Drive and to a~d from Lot No. 46 as shown on a certain map e~titled ~"Subdlviaion ~p of Cedar Beach park situate at Bayview, Town of Southold, New York" made by Otto W. Van Tuyl, September t5, 1926 an&fi-ledJ L~ t[h~ Sl~ffolk Cot~Ey Clark,s Office aa Map Number 90, and for the further purpose 6f l~stallation, maintenance, repair and replacement of public ut ilitSes on ~he s~f~ce, be~ ~he s~face ~d a~ve the of ~he. follow~g described premises. ~ ALL that tra?~ or. p~el of l~d sit~e, ly~ and bei~ at ~iew, ~e~ .~u~hoZd, ~ the~'~o~ of Sou~old, ~ty of S~fclk ~d State of N~w York, ~d being a strip of l~d ~ feet In width over potties of Lots ~, 49 ~d 4V on ~he aforesal'd Subdivision ~p ~d over a po~lor~ of ~r Vle~, R~d as ~o~ o~ said ~p, ~d bei~g ~re particul~ly ~ded ~d des~ibed as follo~:- (S~ S~DULE A. HER~O ANti, XED) vot.29!3 %!50 TOC~'THF.,R with all r!g.ht: title and interest of the mortgagor in and. to the Land lying in the streets and roads in front of and ad$ommg said premises; T~I~TI~I~I~ .vl~h all ~;.~h,r.- -'--"-'~ .-,4 o~.1., ~ ....... ' ...... .u now or hereafter attached to or used in connection with smd premises, including but not hml?d to furnac, es, bol!e.rs, .oti bu?ers; ,r~,dlators, and piping, coal stokers, plumbing and bathroom fixtures .,..,~b:::i!?-. ...... ~ff-~;z;zF~ -;.- -~,-..~-._~_._ · .o.h ~.h~ c;~ -a~ and electric fixtures '~' .......... , ' ~ screens win(low snanes, .L. ......... e · "", kitchen cabinets, incinerators, plants and shrubbery and all other ~-;.;~'7-' .-~.--~ """~:~' ,'""~' ...... fittings, and fixtures of every kindin or used in th.e .operation of the buildings stanmng on¥~aid l~re~i~es, together with any and all replacements thereof and addmons thereto; TOGETHER with all awards here. tofore and hereafter made. to.the .m. ortgagor for ,tak~,'ng .by emine'9, t do?ai~ the whole or any part of said premises or any easement therein, mdudm, g any ,awara.}. to.r , .cl~ges, ol.graa, e o! streets, which said ·wards are hereby assigned to the mortgagee, who ~s hereny authorizes to couect ann re- ceive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage.debt, notwithstanding the fact that the amount ow~.ng thereon not then be due and payable; and the sa~d mortgagor he.re, by agrees, upon reque, st, t.o .mane, ..execute. an deliver any and all a~signments and other instruments sufficient for the purpose o! ass~gmng sa~a awaras to the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgagee as follows: 1. That the mortgagor will pay the indebtedness as hereinbefore prov/ded. 2. That the mortgagor wi!l keel~ the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will a.ssign .and deliver the policies to the mortgagee; and that ,h_e ,w~l~ 1 .re'.unbur.se the mortgagee for any premiums paid for. insurance made by the mortgagee on the mortgagor s uelault in so. insur- ing the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be ~ removed or demolished without the consent of the mortgagee. 4. That the whole of said p.rincipal sum and interest shall become d.u.e.~h.e option~of the. m. o..r~.~: after default in the payment of any instalment of principal or of interest for ~ days; or after aetault m the p~.y- ment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after tanlt after notice and demand either in assigning and delivering the policies insuring the buildings a~'.'nst loss by fire or in reimbursing t.be mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furrgshlng a statement of the amount due on the mortgage and whether any off- sets or del .eases exist against the mo~gage debt, as hereinafter, prov/d.ed.. An ass. essment..which .,ha~, bee~. ~ payable in instalments at the application of the mortgagor or lessee ol the premises snail nevertneiess, tortns purpose of this paragraph, be deemed due and payable in its entirety on the day the first instaknent becomes due or payable or · lien.~ 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of receiver. ~ That the mortgagor will pay all taxes, a.s~essments, sewer rents or water rates, and in default thereof, t mortgagee may pay the same. 7. That the mortgagor within five days upon request in person or w/thin ten days upon request by mail will furnish a written statement duly acknowledged oi the amount due on this mortgage and whether any off- rets or defenses exist against the mortgage debt. ~9. That the mortgagor warrants the t/tle to the premises. 10. That the fire insurance ?,ilcies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the pro~4sions of paragraphs No. 2 and No. 4 ·bore relating to fire insurance and the prov/sions ot Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of · foreclosure sale, said premises, or so much thereof as may be affected by this mort- gage, may be sold in one parcel. 12. That ii any action or proceeding be commenced (except an ·ct/on to foreclose this mo.rtgage, or. to collect the debt secured thereby), to which action or proceeding the mortgagee is made · party, or tu which tt becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mo.rtgagee for the expense of any litigation to prosecute or defend the rights and lien. created by this mortgage (including reasonable coun- sel fees), shall be paid by the mortgagor, together w/th interest thereon at the rate of ~ix per c. ent. per annum, and any such sum and the interest thereon shall be · lien on said premises, prior ~to any right, or title to, interest in or cfa/m upon said premises attaching or ·cc'ruing subsequent to the lieu of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proeee~ng to foreclose this mortgag..e,, or to recover or collect the debt secured thereby, the pro~4slons of law respecting the recovering of costs, disotu'se- merits and allowances shall prevail unaffected by this covenant. .. . SCHEDULE "ALz, BEGINNING at a oolnt marked by the intersection of the easterly Nine of Cedar Point Drive with the northerly corner of Lot No. 51 aa shown on said and the westerly or southwesterly corner of land believed to be of Sutherland and de. signeted as 'Reserved, Cedar Beach Inn" on said [,~p; r~ning thence in a south- easterly direction along the northerly line of seid Lot No. 51, South 66 degrees 52 minutes 20 seconds ~ast across Clear View Road, and continuing in the same direction across Lots 49 and 47, to the westerly llne of a private road desi£nated as Orchard Lane on said ~{ap; r~nlng thence in a southerly direction along the westerly side of Ormhard Lane to the northwesterly line of Lot No. 46; running thence in a southwesterly direction along the northwesterly line of Lot No. 46 a distance of 50 feet, more or less, to ~ point ~hich is 50 feet south of the north- erly line of the premises herein described, when measUred at right angles thereto; running then. co NOrth 66 degrees 52 minutes SO seconds ?;est, on a line parallel to and at all points 50 feet dlst~nt from the northerly line of the ~remises herein described, across a portion of Lot No. 47 and a portion of LOt No. 49 on sold A~p; continuing across Clear View Road and continuir~ across a portion of Lot No. 51 on said ~ap, to the easterly line of Cedar Point Drive; forming thence in a northerly direction along the easterly line of Cedar Point Drive a distance of 50 feet to the point or place of beginning. SUBJECT to the reservation heretofore reserved by Benedict A. ~2nasek, Jr. and Mary J. ~naaeK, his wife, to dedicate said right of ~ay to the To~ of Southold as a public highway. BEING and intended to be the s2me premises conveyed by Benedict A. Nanasek, Jr. and ~ary J. N~masek, his wife, to Jc~ln J. Wlsse~nn ~nd Nancy W. Wissemann, his wife, by dee~ dated April 22, 1~57, and recorded in the Suffolk Cotmty Clerk's Office on April 25, 1957, in Llber 429~ of deeds at page 13. (~) COUNTY OF SUFFOLK J,~.m $OUTHOLD Real Properly Tax Service AgencyJY,Luc~m 090 OF SUFFOLK __ Real Properly Tax Service Agency O89 BOARD OF APPEALS, TOWN OF SOUTHOtD In the Matter ot the Petition of to the Board of Appeals of the Town nf $outhold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T,,bat~h~.e intention of the undersigned to petition the Board of Appeals of the Town of Southnld to request ~,~(~Variance~SpeciaI Exception) (Special Permit) (Other) · [c£rcle cho±ce] 2. That the property which is the subject 9f the Petition is I~cated adiacen~t to your property and is des- cribed as follows: L-O~',~ ~ 4'~ ~,~.CJ or) I~1 ~'D ~ C~ ~ ~ ~ o90- 11, i ' ' ' . 3. That the property which is the subject of such Petition is located in the following zoning district: 4 ?hal b~, such Petition, the undersigned will request the following relief: ~t~J"~?~ .S5'/_~/q 7~ 5. That the provisions of the SouthoJd Town Zoning Code applicable to the relief sought by [he under- signed are ~le ~ ~ ~ [ ] Section Z80-A, New York :Town Law for approval of access over righg(s)-of-way~ 6. That within five da~s from the daIe hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck 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:' J~/J'/"~- /G,"/~'~/'~ ' ' ' ' / Petitioner Post Office AddresS~oA. Tel. No. (~'j(~) [Copy of sketch purposes.] or plan showing proposal to be attached for convenience OF NOTICE L RECEIPTS PS Form R ~' June 1986 ECEIPT FOR REGISTERED MAIL [Customer Copy} STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ,// ~ ~--~.4/__~/' ..~/.L/. , being duly sworn, deposes and says that on the /7 day of v ~ .19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side h~-/eof, directed to each of the ~bove-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roil of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- fice at .%-,~y ~.'~-/ ,/~/. ~,,/~ ; that said Notices were mailed to each of said persons by (certified) (registered') re.ail.. ~ Sworn to li~fore me this /7 ~-- dayof ~ ,19 ~'<'/ . ~t~r~ Public JOYCE M, WlLKIN8 Notary Public, State of New yOH{ No. 4952246, Suffolk Count1: ~ Term Expires Juno 12, 19-.~ ~f- (This side does not have to be completed on property owners.) fo~m transmitted to adjoining