Loading...
HomeMy WebLinkAbout4299 Z11-1- E)4 14-A17- r A ? ~r C. G rill s APPEALS BOARD MEMBERS OSUFF0jIre0ti Oy Southold Town Hall Gerard P. Goehringer, Chairman o° :~c 53095 Main Road Serge Doyen, Jr. C4 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y,~ol ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4299: Matter of the Application of ROBERT S. HUGHES. This application is based upon the January 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article III, Section 100-33 for permission to relocate existing garage as an accessory building in an area other than the required rear yard. Property ID: 1025 Private Road #6, Orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. WHEREAS, after due notice, a public hearing was held on March 1, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the January 23, 1995 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the relocation of an existing garage, which is presently attached to the dwelling, and place the same in the southerly front yard area at 35 feet from the westerly property line and more than 200 feet from the southerly most (front) property line. 2. The premises in question is located in the R-80 Residential Zone District and contains a total area of 2.588 acres. The survey map amended January 31, 1995 by Roderick VanTuyl, P.C. and submitted with this application shows this parcel to be improved with an one-story, single-family dwelling structure built about 1962, attached garage and two porches. The garage area attached to the dwelling is shown to be presently set back 3214" from the westerly side property line. . Page 2 - Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 3. The subject garage is 24 ft. by 24 ft. in size and does not exceed the 18 ft. height limitations. The garage will continue to be used for garage and storage purposes accessory and incidental to the owner's residence. The zoning code does not permit accessory buildings to be used or operated for business or similar gainful purposes, such as rental for non-owner storage, habitable area, or as a separate principal use. 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property the property technically has two front yard areas: to the south and east of the dwelling due to the location of a right-of-way which is used for access to properties located further north of the applicant's property. (b) the relief requested is not unreasonable when considering the character of the neighborhood and the location of other buildings. (c) it is not uncommon for an owner to request a garage to be located accessory to the residence and at a reasonable distance from a driveway area or right-of-way; (d) the relief requested is not substantial in relation to the requirements - the garage is located at greater setbacks than is normally required for accessory buildings on this size of property; (e) the variance requested does not involve any increase of dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (g) 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 benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Member Tortora, seconded by Page 3 - Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 Chairman Goehringer, it was RESOLVED, to GRANT a Variance for the location of the existing accessory garage, when detached, in the requested front yard area as described in the above findings, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the subject garage shall be subject to the current and future laws pertaining to limitations on the use thereof as an accessory building; there be not be a conversion or modification from storage/garage use to sleeping or living quarters (or other prohibited use as governed by the provisions of the zoning code.) 2. Plumbing utilities shall be permitted for outside shower facility (facilities); 3. There be no inside bathroom, shower or bath; 4. Electric utilities shall be permitted; Vote of the Board: Ayes: Messrs. Tortora, Goehringer, Villa, Dinizio and Doyen. This resolution was unanimously adopted. s * s lk GERARD P. GOEHRINGE CHAIR N I Ii1%~ T'\Tr ' _ ll,t rIT-7D BY I LL BULL TiG?TR ~~~~.5- ~1 ~zsr4dy ~~SpFFoLke, APPEALS BOARD MEMBERS y0 y< Southold Town Hall Gerard P. Goehringer, Chairman w 53095 Main Road Serge Doyen, Jr. %r_ s 41F P.O. Box 1179 James Dinizio, Jr. a4~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortara Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will;be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 'WEDNESDAY, MARCH 1, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4298-SE - PETROL STATIONS LTD. Request for Special Exception under Article VII, Section 100-71B for approval of office use(s) in this Residential-Office (RO) Zone District, in conjunction with the existing single-family dwelling unit, at premises known as 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23. Subject premises consists of a total of six acres, which is located partly in the Residential-Office (RO) Zone District and partly in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4299 - ROBERT S. HUGHES Application based upon the January 23, 1995 Notice of Disapproval.from the Building Inspector, requesting a Variance under the Zoning Page 2 Legal Notice' Regular Meeting - March 1, 1995 Southold Town Board of Appeals Ordinance, Article 'III, 'Section 100-33 for permission to relocate existing garageas an accessory building in an area other than the required rear yard. Property ID: 1025 Private Road #6, orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. 3. 7:40 p.m. Appl. No. 4297 - CLAIRE CHAMBRUN. Application based upon the January 9, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to construct an addition to existing: dwelling with a side yard setback at less than the required 15 feet. Property ID: 840 Pinewood Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-5-25. 4. 7:45 p.m. Appl. No. 4300 - GLENN SMITH - Application based upon the December 19, 1994 Notice of Disapproval issued by the Building Inspector, requesting a Variance under Article III, Section 100-33 for approval of the location of existing accessory buildings and structures which will be in`a front yard location, if and when the existing dwelling is re-located.. Location of Property: 2850 Bayview Road, Southold; NY; County Tax Map No. 1000-75-4-22.3. 5. 7:55 p.m. Appl. No. 4301 - EDWARD AND VIRGINIA THORP. - Application based upon the January 3, 1995-Notice-of Disapproval Page 3 - Legal Notice? Regular Meeting --March _1, 1995 Southold Town Board of Appeals issued by the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to reduce lot area and width (frontage) of two existing nonconforming lots, each with an improved dwelling, due to a proposed lot line i change. Location of Property: 80 South Lane and 120 South Lane (a/k/a Oak Ct.), East Marion, NY; Gardiners Bay Estates Map, Lots 3 and 4; County 'Tax Map Parcels Noe 1000-37-6-3.1 and 2.1. 6. 8:00 p.m. Appl. No. 4202 - BARBARA. DOW. Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII, Section 100-280B and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road #4, shown as County Tax Map Parcel No. 1000-17-3-11, Orient, NY, County Tax Map Parcel No. 1000-17-2-6, and over a private right-of-way extending off the north side of State Route 25 (Main Road). The Board of Appeals will at said time,and place hear 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 the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: February 10, 1995 BY ORDER OF THE'SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN. By Linda Kowalski x x FORM NO.3 , , TOWN OF SOUTTIOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date. TLf 19 s1s . TO t PLEASE TAKE NOTICE that your application dated I4!:S Q for permit t0 91' 1.e . C:/ 'Qz......,............ 1t - n~. Location of Property y, . House No. ~ ~ ~ Street Harnfet County Tax itilap No. 1000 Section Block r/`.... Lot . Subdivision Filed Map No. ~Lot No. ..............1 is ret d herewith and disapproved on the foIlowin. Grounds (!s!/.~L.S~~ ~4 . 2 - Y-2z Z llc~ 1 Building nspcc r RV 1f80~ .e-,,'~aa±,: ~w.x-v.±:c=e•,, - vim, r,.... " - ~u+s~e~q , `BOARD OF HEALTH t' (1 [ t =3 SETS OF PLANS 6 FORM NO.1 SURVEY i 6 TOWN OF SOUTHOLD CHECK . t3; BUILDING DEPARTMENT SEPTIC FORM TOWN HALL ~7~a~~, SOUTHOLD. N.Y. 11971 NOTIFY ~w`t 1 r" ( BLDG. D„P. TEL.: 7651802 CALL ~t........ TOV'!.d OF sot) t1TN0'- MAIL TO: Examined .................19... Approved , 19~... Permit aNo Disapproved alcQ fpxoze • . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date IS~sS~ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plarts, accurate plotplan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and -lying a detailed description of layout of property must be drawn on the diagram which is part of this app! 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 perm` 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 Occupant 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 th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describes Tile applicant a^_rees to comply with all appiicable laws, ordinances, building code, housing code, and regulations, and v admit authorized inspectors on premises and in building for necessar~ctions. pay,....... (Si-nature of applicant, or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder . 0 5. . . . Name of owner of premises jl.... fzt.......Li S (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. Plumber's License No . Electrician's License No . . Other Trade's License No . . - I. Location of land on which proposed work will be done. . , • . , , , , • , , (025 RIT8S 4411-" 947) of W3 r . . House Number Street Hamlet County Tax Map No. IODD Section t Beltick q.............. Lot 2.2..........: F. led Map No. Lot Subdivision (Name) a' 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a.Existing use and occupancy ~IQ<TSG~ b. Intended use and occupancy . t54 KV-.LL' FW I LM 3 , Nature of work (check which ap ;able): New Building Ads on Alteration Repair Removal Demolition Other Work 'S6-60* MW ? P ` ( .scup ion) d. EstimatcdCost ~JD.t:0007 Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units I.......... Number of dwelling units on each floor . If garage, number of cars .......: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 h04KV...2,4~ Rear ....Z4 Depth .2-Lt Height EV-t Number of Stories . . Dimensions of same structure with alterations or additions: Front Rear , , . , . • , Depth . Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth , . Height Number ofStories . 9. Size of lot: Front k-MA5 ' sv~ Depth 10. Date of Purchase ame of Former Owner , . 11. Zone or use district to which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: . J~`?:~r"vf~"Ttot f?~ ~g~ ~~~K 1 13. Will lot be regraded ..NP . , • Will excess fill be removed from premises. Yes 14. Name of Owner of premises (C4f{.. Address 19?S P5 KtCL Phone No $f6 '~23 Zb~ Name of Architect Address . fit Ltt~Pf• • Z -Phone No. +72:`?l S...... . Name of Contractor Address Phone No . 15.Is this property located within300 =feet of a, tidal wetland? *YES ....NoX. *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildin;s; 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 `.Elf YORK, S .S COUNTY OF .~U?Lk...... . - • • . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ....:.1SF r!° .`7 : (Contractor, anent; corporate officer; etc.) 7f said owner or owners, and isduiv authorized to perform or have performed the said work and to make and file his -pplication: that 31I statements contained in this application are true to tire best of his knowledge and belie f;;and that the York will be performed in the manner set forth in the application filed therewith. iworn to before me this ~...-....dayof..Tf~y A l 19 c5 iota: • Public. _ ~-4.~.t.Coun*.}, ~ t C~....__._._ Y - (Si-nature of applicant} r} tin RECEIVED (d 1,5 L C(t f TOWN OF SOUTHOLD, NEW YOM 3' 1995 APPEAL FROM DECISION OF BUILDING INSPECTOR swilhold Tgwpsb*o. I/f(~_L? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. , S ~z a Pd ItL~ fZ 1, (?it6l' ~.Rl~zZZ.a......... t1..4? ...:k! ..of . [.....~i.~' '.s ......0 ..AA Name of Appellant Street and Number . ............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO 0Lc1~ n~ 7'~tcMFS _ Name of Applicant for permit of [ fs 4 , A r S /ticc 02«nsi !v -Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .l13 1 .~a.A jftc!r„l~s}a „~?Q•L,jr....................... Street /Hamlet /n( Use District on Zoning Map District 1000 Section 13 Blocklr Lot2~ Current Owner 209.-Ar` S. t1vr'1f&;S Map No. Lot No.. Prior Owner t?mgQ~; jjuctsss 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 ;t` ±i' Section 1 00 -33 3. TYPE OF APPEAL Appeal is made 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal RW) (has 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 cnd was made in. Appeal No. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (?4 A Variance to the Zoning Ordinance is requested for the reason that v T Ko c keg T i"C, 44 P_A-Ga • +,-0 LoCA-TO' sT &S.A-VzTa-.S A,u0%Nf 'Syt?sETcsr2.c c5 1J "r?IA-ly j~t92a ai= T-H.= Pp,oPay_7`(_c5HICII hi gu t~:u~Co O A 7uac >uT HA-S Dd'St'6A jA-7-4pd A-S THc: F ac Form 2Bt (Continue on other side) roYwef4to Wfile vlor roa. _c,.6 t Ix zexigx3 +~:rissna3 REASON FOR APPEAL. Continued 1. -STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because i i c.,oos_D g2~~ 2ecs Qthce lKt rs. T-& 7-H67 I 11e 1100SeF Aij Ariez* k saar$zc vie4cne5xs c P T1-tc Se ea= T-!-iA-'T Tcs 7 ~Yd IsYZ L. ,J" +tlc ,c,oo i h ow The 6u& E. L I. AVM N ,,L., AN_YS Co-o,49bd-Y2,F6 F~aAj , 0 F- THE ~csu~c ~ ¢:•s iTH cTS i uc~ us, Tz> t~ye~ TH, 2. The hardship created is UNIQUE andis not shared by all properties alike in the immediate vicinity of this property and in this use district because f tlz- T'o p0 a p-t} P H y cs 1= Tills 920P~M71 I'S upletva. 'Hr CA2~C1z'ehns Aso 3- 13 o 1_0 c4- ,6 iv Jttc sf~T f~3r i flz dltyt~Se' ga-C/rOScF CFr afO 1=c~OT Vc'-;[ CA-1- p 20-e.l. PL.A-C_'fz4 IT l~C3GT H~soe.c..~ I(LcSRr~i TfZC v`t~es e5 e=',Lc~v~C ~SCh.~se`~.~e3rsyv'..t. tS too RrsoH Tjz~ Ttzc w&S w f'i ftoL7- i+tcv;>_=(, ' 7 N E- GAGA-lsae Sc)cS7m 3. The Variance would' observe the spirit of the Ordinance and WOULD NOT CHANGE THE i CHARACTER OF THE DISTRICT because':' i f IS .~oj V'tSr43z.c°. 2c~ti t ae: Tfi NaeGkt~6+3,°zS t~ er^~k-'~.ec'S. ti i's hA-go T ~Ar`f esstdie+a iS RzALLLy lfu` t ae io ec Z.j woos< o Aze COxsSISaC-r47,w1Th CSTHi)ee P620o&'Ai,&z ecs rTil A Vsacz ~L;rELtA%C, }~-ce~sc~~l i3esti,~reuC,.S, So c3-dS N'oT Oi3STjSt~vc7 .1 K~ STATE OF NEW YORK ) ss 9.4fi. ORS COUNTY OFSS Signature Sworn to this day of...... ~ Cam/... 14~J Notary ANNE K. RILEV NoMy Public State of MM V** - No. 5©11092 Quat'rfied in Suffolk County Commission Expires April 1$1995 BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of ROBERT S. HUGHES ------------------------------------------x CONFIRMATION OF POSTING rI,2o2~Q; residing at Io L Z- 's 11 An 02,"J n,Y et~~ 7 hereby confirm that on the !o day of February, 1995, I personally posted the property known as 111025 Private Road #6, Orient, NY"; 1000-17-4-22" by placing the Town's official poster Notice on P& T2, s M L4 R64-d facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held March 1, 1995.) Dated: February 15, 1995. C 4 (signature) • ~~gpFfOLKC APPEALS BOARD MEMBERS y~ OG'yj2 Southold Town Hall Gerard P. Goehringer, Chairman H 53095 Main Road Serge Doyen, Jr. W~ P.O. Box 1179 James DlAlzio, Jr y'110j ~a~! Southold, New York 11971 Robert Villa Fax(516)765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, 1995 Robert S. Hughes, Esq. 218 Front Street Box 128 Greenport, NY 11944-0128 Re: Appl. No. 4299 - Variance to Relocate Garage Dear Mr. Hughes: Please find enclosed a copy of the Legal Notice published this week by our office. You will note that the public hearing on this application will be held on Wednesday, March 1, 1995 at the Southold Town Hall. Also, please find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject parcel, or on the front of the building closest to the road, where it can be easily seen from the right-of-way. The poster must be conspicuously located at this time since the Board Members are planning to visit the area within the next week or so. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivery for our records. Thank you. Very truly yours, Linda Kowalski Enclosures NOTICE OF HEARING . NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: RoBER7 s. 4U64ES DATE OF PUBLIC HEARING: 4~ED~IESDQ~ 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 t he hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS 9 TOWN OF SOUTHOLD 9 (516) 765-1809 Page 3 - Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 Chairman Goehringer, it was RESOLVED, to GRANT a Variance for the location of the existing accessory garage, when detached, in the requested front yard area as described in the above findings, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the subject garage shall be subject to the current and future laws pertaining to limitations on the use thereof as an accessory building; there be not be a conversion or modification from storage/garage use to sleeping or living quarters (or other prohibited use as governed by the provisions of the zoning code.) 2. Plumbing utilities shall be permitted for outside shower facility (facilities); 3. There be no inside bathroom, shower or bath; 4. Electric utilities shall be permitted; Vote of the Board: Ayes: Messrs. Tortora, Goehringer, Villa, Dinizio and Doyen. This resolution was unanimously adopted. s s s lk ' GERARD P. GOEHRINGE R, CHAIR N TT LJ~1i(T D F1 T.1 ~ i~ 8 :`11V L, !~D BY l d.tll L>G- 1. GLD I'O-V ll CL_itl DiTE HOUR T r 'ltr T i APPEALS BOARD MEMBERS ~o~~SUfFO(,~ co Oy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 7, 1995 Robert S. Hughes, Esq. 218 Front Street P.O. Box 128 Greenport, NY 11944-0128 Re: Appl. No. 4299 - Variance to Relocate Garage Dear Mr. Hughes: Please find attached a copy of the Board's findings and determination rendered at our March 1, 1995 Regular Meeting concerning your recent application for a variance. For convenience purposes, we have forwarded copies of this determination to the Building Department for their permanent records. If you have questions pertaining to this determination, please feel free to call us. Very truly yours, Linda Kowalski Enclosure cc: Building Department Copy also faxed to 477-0955 3~g' Page 5 - Hearing Tr*cript • Regular Meeting of March 1, 1995 Southold Town Board of Appeals URAL TALGAT: The reason why we're going through this, by the way, so that we can clear up the parking area in front of the building as the site plan shows and our original application to the Building Inspector was for a doing that driveway and so we needed to go through Special Exception to get this permission. BOARD MEMBER VILLA: Well that was a question that came up the first time because the driveway was way on the west side of the property and the neighbor complained about that. URAL TALGAT: We negotiated with the neighbor and our new drawing we showed that to the neighbor and she's in full agreement with what we have there. BOARD MEMBER VILLA: Alright. MR. CHAIRMAN: Good, sounds great. Any other questions? Serge? BOARD MEMBER DOYEN: No. MR. CHAIRMAN: I have nothing else. I'll make a motion closing the hearing reserving decision until later. URAL TALGAT: Thank you very much. MR. CHAIRMAN: You're welcome. 7:40 P.M. Appl. No. 4299 - ROBERT S. HUGUES MR. CHAIRMAN: Application based upon the January 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article III, Section 100-33 for permission to relocate existing garage as an accessory building in an Page 6 - Hearing Tra9cript • Regular Meeting of March 1, 1995 Southold Town Board of Appeals area other than the required rear yard. Property ID: 1025 Private Road #6, Orient, N.Y.; County Tax Map Parcel 1000, Section 17, Block 4, Lot 22. I have a copy of a site plan dated August 23, 1994 from Roderick VanTuyl, P.C., indicating an attached garage in a very beautiful two story frame home seen on a really gorgeous hill in Orient on this private road and the applicant wishes to detach the garage and place it in his front yard. It appears to be front yard and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody would like to be heard? How are you tonight Sir? ROBERT HUGHES: I'm fine, how are you? I'm Robert Hughes and I'll answer any questions you might have. MR. CHAIRMAN: In my two brief encounters with you, alright, and of course last week we really wanted to stay also and enjoy the views but we had to go on for other things. If you can just give us an idea of why you want to detach the garage? ROBERT HUGHES: The main thing is I'm, I'm, really fed up with everybody walking through the garage to get into the house. As you can see, I don't know how you approached the house MR. CHAIRMAN: I went through the garage. ROBERT HUGHES: Now, there you go. MR. CHAIRMAN: Actually, I did not want to be invited in carrying any dirt with me so that was the thing. ROBERT HUGHES: That's it, that's really the thing is I'd rather have a detached garage then have that inconvenience than have everybody always come in through the garage. The house is my Page 7 - Hearing Trocript • Regular Meeting of March 1, 1995 Southold Town Board of Appeals parents and I inherited it a couple of years ago and I guess it didn't bother them but it bothers me. MR. CHAIRMAN: Alright, as long as you don't have any particular problem then we'll briefly recite some of the things we put on accessory structures and that is that they contain usually the only utility of electricity and they not be used for any habitable standards other than you know what the normal restriction is on accessory structures. ROBERT HUGHES: The only thing I can think of is that at the moment we have a shower. MR. CHAIRMAN: In the garage? ROBERT HUGHES: No, the outdoor shower. There's an outdoor shower attached to the outside of the garage and I don't know how we're going to do, you know I haven't thought about whether we would, you know, we might put a little hot water heater out there so we, because it is hot water now, we're not going to run it from the house, but that's, besides that I a MR. CHAIRMAN: We don't have any objection to that at all. Does anybody have any questions of Mr. Hughes? Anybody, no, alright. You might as well stay right there. We'll see if anybody else has any, anybody else like to speak in favor of this application? Anybody like to speak against the application? I guess we're home free here. We hope to have a decision for you tonight if you want to stay around or you're welcome to call us tomorrow. ROBERT HUGHES: Good enough. Page 8 - Hearing Tr*cript • Regular Meeting of March 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Thank you so much. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. BOARD MEMBERS: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. 7:52 P.M. Appl. No. 4297 - CLAIRE CHAMBRUN MR. CHAIRMAN: Application based upon the January 3, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article IIIA, Section 100-30A.3 for permission to construct an addition to existing dwelling with a side yard setback at less than the required 15 feet. Property ID: 840 Pinewood Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-110-5-25. I have a site plan dated 8/9/94 by Roderick VanTuyl, P.C., indicating a proposed addition attached to the basically rear of this one story existing house in Cutchogue which is on the corner lot and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? Is there anything you'd like to say for the hearing? CLAIRE CHAMBRUN: Our house is very small and we have two tiny bedrooms and we'd like to get a larger bedroom and the house also sits caddy corner on the lot as you can see and we're, in order to get a good size bedroom I need to put one corner into five more APPEALS BOARD MEMBERS h~o~OgUFFO(,~COGy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa y~pl ~a0` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 7, 1995 Robert S. Hughes, Esq. 218 Front Street P.O. Box 128 Greenport, NY 11944-0128 Re: Appl. No. 4299 - Variance to Relocate Garage Dear Mr. Hughes: Please find attached a copy of the Board's findings and determination rendered at our March 1, 1995 Regular Meeting concerning your recent application for a variance. For convenience purposes, we have forwarded copies of this determination to the Building Department for their permanent records. If you have questions pertaining to this determination, please feel free to call us. Very truly yours, Linda Kowalski Enclosure cc: Building Department Copy also faxed to 77-0955 APPEALS BOARD MEMBERS ~~o~~SOFFO(,~ COGy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. W ~x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4299: Matter of the Application of ROBERT S. HUGHES. This application is based upon the January 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article III, Section 100-33 for permission to relocate existing garage as an accessory building in an area other than the required rear yard. Property ID: 1025 Private Road #6, Orient, NY; County Tax Map District 1000, Section 17, Block 4 Lot 22. WHEREAS, after due notice, a public hearing was held on March 1, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the January 23, 1995 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the relocation of an existing garage, which is presently attached to the dwelling, and place the same in the southerly front yard area at 35 feet from the westerly property line and more than 200 feet from the southerly most (front) property line. 2. The premises in question is located in the R-80 Residential Zone District and contains a total area of 2.588 acres. The survey map amended January 31, 1995 by Roderick VanTuyl, P.C. and submitted with this application shows this parcel to be improved with an one-story, single-family dwelling structure built about 1962, attached garage and two. porches. The garage area attached to the dwelling is shown to be presently set back 32'4" from the westerly side property line. Page 2 - Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 3. The subject garage is 24 ft. by 24 ft. in size and does not exceed the 18 ft. height limitations. The garage will continue to be used for garage and storage purposes accessory and incidental to the owner's residence. The zoning code does not permit accessory buildings to be used or operated for business or similar gainful purposes, such as rental for non-owner storage, habitable area, or as a separate principal use. 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property the property technically has two front yard areas: to the south and east of the dwelling due to the location of a right-of-way which is used for access to properties located further north of the applicant's property. (b) the relief requested is not unreasonable when considering the character of the neighborhood and the location of other buildings. (c) it is not uncommon for an owner to request a garage to be located accessory to the residence and at a reasonable distance from a driveway area or right-of-way; (d) the relief requested is not substantial in relation to the requirements - the garage is located at greater setbacks than is normally required for accessory buildings on this size of property; (e) the variance requested does not involve any increase of dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (g) 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 benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Member Tortora, seconded by • 4 ~ Page 3 - Appeal No. 4299 Application of ROBERT W. HUGHES Decision Rendered March 1, 1995 Chairman Goehringer, it was RESOLVED, to GRANT a Variance for the location of the existing accessory garage, when detached, in the requested front yard area as described in the above findings, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the subject garage shall be subject to the current and future laws pertaining to limitations on the use thereof as an accessory building; there be not be a conversion or modification from storage/garage use to sleeping or living quarters (or other prohibited use as governed by the provisions of the zoning code.) 2. Plumbing utilities shall be permitted for outside shower facility (facilities); 3. There be no inside bathroom, shower or bath; 4. Electric utilities shall be permitted; Vote of the Board: Ayes: Messrs. Tortora, Goehringer, Villa, Dinizio and Doyen. This resolution was unanimously adopted. s s s Z GERARD P. GOEHRINGER, CHAIR N ~t~L ROBERT S. HUGHES - 1025 PETE'S HILL ROAD P.O.BOX 764 ORIENT, NEW YORK 11957 FS ki 5 (516) 323-2644 February 15, 1995 Board of Appeals Town of Southold P.O.Box 1179 Southold, New York 11971 Re: Application #4299 - Variance to Relocate Garage Dear Sirs, Attached you will find a copy of the deed which containing the covenants and restrictions for my lot in Orient. Of particular interest to you is the map which shows the rights of way which were created when this land was subdivided in 1955. It is my understanding that this completes all the paper work required of me. If there is anything else you need or if you have any questions, please feel free to contact me at home 323-2644 or office 477-2700. Thank you very much for your cooperation. ely S' er, o rt S. ues i ! THIS DECLARr^TION n-;ade the 23rd day of April, 1955 by Lawrence H. Reybine, residing at Orient, Suffolk County, New York and Dwight A. Horne, re;;idin:h' Nassau County, New York. V`.1TNESSETH - J rr WHEREAS file said 1,;,wrence il. Heybine and Dwight A. Horne are the owners of record of all that r:crtam tract or parcel of land situate, lying and being at Orient, of tar 'T'own of Southold, County of Suffolk and State of New York, and fully described in a e ertain deed dated the 17th day of July, 1554, w c:: sr:fd deed ie; recorded in the Suffolk County Clerk's office in Libcr j7211 of deeds z~i ',aw,e 301, and W1{i icl'.1J t!! VI d haw bce? dividrd into the i I~ several parcels of iu i ere, r ~u u a survey made b, Otto '.V. Van '1'uyl on the 2nd day of J I' cop: of which is hereunto annexed, markod 1 Exhibit A ar.d made r part r cd it WH1:,tEAS tl:e said Lsk~reuce H. i;eybine and Dwight A. Horne. desire to inai.e this DECLA1tATION scare,, fortis the reservations, res- trictions, condinons, covenrr n 1 ar i eemen:s subject to which the I~ lands designated on said s. vey parcels 1 2, 3, 4, `i, 6, 7 and ''tteservation A" are r.uw h,.u .~n,l'sold and conveyed. NOW, THEREFO1tE, Lawrence H. Iteybine and Dwight A. Horne declare that the lands hereinabove me;aiuned and described incLrdl:;g the lands shown on the said map above- rcfcr r' cd to are now held and aha!_ b sold and conveyed by tircm subject to the reservations, restrictions, coen- ditions, covenants and agreements set forth in the various subdivisions of this DECLA1tATIO'_V, to wit:- 1. The words "lot" anc! "c,;ilding plot" as used herein are defined as meaning the scparatc nurnb,•reci parcels of land, only, into which the premises shown on said survey are divided. 2 There 61,"11 riot be at anv time nereaf[er erected or causad, procured, permitted, suffered or !;owed to be erected upon any part of the land shown on said an, brewery, distillery, slaughter-muse, smith-shop, forge furnace, brass foundry, nail or other iron factory, sugar refinery, soap, candle, .,...rch., vs,rnish, vitriol, g1n r, or turpentine factory, cr faeio.~- tanning, - dress:::f* c,r pr;~p,.r:ng of hides, shins or :.s; c:cto;y Or oil refinery or, any other dangerous or, noxious o of fe nsiv-. cstablishmont• trade or business what- soever, nor shall any use be m;.dc of ..ny of the said property wluuh is unsightly, unhealti:f"i or tendin~~ to damage ir, any manner the adjoining property or to disturb ne peace of the inl;abitants of the neighborhood, tSO nor shall any I any of said property, cC. `tPt as ,,,,Po or other live stoclt be lee not for pt on sale or resale. I upon an Purpos y lot No cu ` lot orali bc` used be carried on and,/.,- ed excluslvel pt"-t-•tad y for private residential remain 4. There ::1 _ll not be C.'- cd, altered any , placed or dwellinEtsto b lot, y y ; Iructurc e oc -;.c other than two Permitted to two an y aot 'r, )re single-family era folr Lire so'l'e use of'tiifc, and . Pr'vate gal thre age for not more the such garage shall b erected °''°ners or occupants of the lot upon which 5. No building =:hall,be erected, Plot in this subdivision un Placed or altered on an plan showing the lccatf°n 2i1 the building Plans, speciiiY building as to conform t Of -'uch build n7 have been cations, and plot y and h' . s approved in in the subdivision, y Of eXternal design with ex stingy writing an d is to location oi' the bulldin~ d structures topography and finishod with ground elovaiion Lawrence H. respo b sal R ybine and Dwight :1, by a comet ttee composed ect tof by said committee. L~ n liarne or by a representative deli - _n,tec, said committe, e event of death or resin - any member ~ of the retz.ai autho ning resignation o1 authority to appr oVe member, or members or disapprove shall have full a representative wish lii;e authorih ..uch design and location, or to deaignate 6n epresentative event said com location within 50 1 CO approve or disattCe or its o~ys after said PP rove such desi to it, or, in any event, Plans and specif gn and ications have been sub f n~ the maki if nO a to enjoin the erection of such bull mtttd thereof, of s uc}1 alto -'0`1' has been commenced ding' or such approval -ilf not prior to the cDn'Pletion to have been fully complied with. required and this Covenant will nor its de be deemed aigna[ed representative mmittee services performed shall be emitledmtoean of such co Such co Pursuant to this Covenant. Y Cs and duties for aumry 1, and of its dasi,rr. The powers and duties of after uattee 1, 19td u a ated representative shall cease Covenant shall - d thereafter, the approval described in n on and be required unless this thereon, a written instrument Prior to said date and effective shall be of th c executed by the then record owners representative, in this subdivision, repre and duly recorded appointing d by sen t atives, who shall thereafter exercise he sae i powers exercised sad committee. lot t i hen 35 feetoosun r~r to a be located nearer to the property lines of any building plots abutting. Y r=~ht-of-way than Iou 15 feet, except that on all then 5 feet from t n11 b r oad no building shall be located nearer ae present „ne.s of said Street. 7• No tra er buscn ent, tent, shack, garage, barn, Or other outbuilding erected on any lot in the tract shall residence at any time he used as a temporarily or par` nor shall any structure of a temporary cbaracter be uo„c. a r esidcace. The right to permit the use of a garage as a temporary rec!ccacc during the construction of the permanent resi- donce to be erected c_ any ploy is n--reby reserved. Such temporary occupancy --hall be for a period of not more than 24 months in any one instance. B. No dwellin,; costing- legs than $10, 000. 00 shall be permitted on any lot in the tract. The .-round ilcor area of the main structure, exclusive of o. e _tcry op m porches: and garages, shall be not less than 000 ccr aro feet in tie pas of a ens-story structure nor less than 1200 square feet in the ca,__ cf a G a and one-half, two or two and one-half story structure. 9. No sign; of any description shall be displayed to the public view, on any portion of land or buildings of said above described premises other than the usuul ,:mall professional signs such as signs indicating ownership or occupancy and "For Sale" or "For Rent" signs having dimen- sions of not more Than 2.1 inches by 3,1 inches. This provision, however, does not include si ^s used by the builder during the construction period, nor doe-- it apply to s;>r,,a: aaed by persons, firms, corporations or y anyone holding a mortga,e or mortgages nor to persons, firms, cor- 99 porations and agencies uno may, will and do insure and guarantee the said mortgage, or mortgares, on the above-described premises. 10. No fence of any kind shall be erected or maintained on any portion of the Laid premises except a hedge fence, picket fence, stone fence, lattice fence, split rail fence or wire fence. All fences of any Lind herein perr ittec e::ceot privet hedge fences, shall be not more than four feet irora ore ground, and all fences shall be located not less than 5 feet from any canting right-of-clay. 11. No lot cltall be subdivided, conveyed, or sold except as a whole without the vrrittc:n consent o: Lawrence H. Reybine and Dwight A. Horne, their hairs, Lucccssors or assigns. 12. All P:;ware } ici:_g from the use and occupancy of each lot shall bo disposed of at the cost and expense of the owner of each lot in a I proper Peptic tank or cccspcol v;hich shall be located at a location to be approved by the Suf?c1:c County 1?oard of Realth or other municipal au- thority exercisin„, lilt.:: powcrz. If and when said sewage is disposed of by connection with a municipal or oilier public disposal system, such conne - tlon shall be cot:structed and maintained by the owner of each lot at his own cost and expense. 13. The Paid Lawrer_c:: iI. Reybine and Dwight A. Horne reserve the tight to convey to any public authority and/or any person, firm or corporation conductiq and/or performing any public utility or function - -3 - •D; (1 ~ s I above or, beneath tits sur^s,c of th,- ro.jnd and /or to any abuttins,% landowner easements or righis r,! way over, the r:«hts of way shown on th.e aforesaid survey, andjo. an easement not e:+ccedina o feet in width a!ou, existing n h 5 propery linos, to be tired for the .rpo.c of suppiyir:g etactr.cay, water, ~II as, telephone or othe-, public utility or quasi public utility services to the premises hereinabove describicd and in connection therewith, to erect, maintain, operate, rL pafr or remove telephone, electrical or other lines and/or conduits and to lay, maintain, operate, repair or remove pipe P lines and/or other aeccssary lines for all of the purposes herein set forth. 14. The violation: of any restriction or condition or, breach of any covenant or agreemaat herein contained shall give the said Lawrence H. Reybine and Dwight A. Horne, their heirs, successors and assigns, in addition to all other remedies, the right to enter upon the land upon or as to which such violation or breach exists and summarily to abate and remove, at the ewense of the owner tnereof, any erection, thing or ~I condition that may be or exisu thereon contrary to the intent and meaning of the provisions hereof and th,- safd Lawrence H. lte.ybinc and Dwight A. ~I Horne, their heirs, successors zuld assigns shall not thereby he deemed guilty of any marmot' of rr rspass or, h. !i.,blr for any damages .vustained by any person, firm or corporation by ::canon of such abatement, entry i or removal ~ i 15 - -ate hr sate by Ll.,, u d Lawrence lI iteybine and Dwight A. Horne of any or a'' of "he lou shown o ii said survey, in the event that the subsc luent ov. E t or ow -s or u lots, or his or their successors in title have the oct:o: to make a bona fide sale of the lot or lots owned by hum or them, he of tit snag! gig Lawrence H. Reybine and Dwt -~Jt A. I I Horne 30 days notice wt inL~ of ~rogosed sale and ttte term to=roof. i Lawrence H. Reya;nc Dwight iorne. shall have the first option to purchase such prennses within Lhe above mentioned :i0 day period at the same price and on the same terms of any such proposal. The conveyance shall be sufficient if made by a bargain and sale deed subject to the covenants and conditions contained .n tlis DECLARATION. lo. The provisions ri-rctn conta:ne-a shall run witi: tht- land and shall inure to the belie.^.t of and hu t:ni,~rce: ble by Law, ence H. Reybine and Dwight A. Horne, their hers, ,.ez,sois and assigns, andl or by the then owners cf any of the lots shown on said survey and the iailure by Lawrence H, Reybine and Dwight F.. Hnrne, their heirs. successors and assigns and/or by a^y of tic then. owners of any of the IoI6 shown on said survey to enforce the provisions contained shall not be deemed to be a waiver of their rii,ht so tc du eair•r as to the same violation or as to any prior or, subseac-nt vi-,aio:i i..,i, of. I 17. These covenants he 'oiitciing on the said Lawreccc H. Reybine and Dwight !oche :,nd th:.r heirs, successors or assigns and on all parties and il, r u w ' nil:,. r nicr ti:em until January 1, 1.; I0, at which time said cote ._,.n:; h._tl be -t~~: r_:uica!ly extended for successive periods of 10 yours w7'~ , by von: of a ni ijority of the then owners of the I i + G r±rl~) C", n cov _~:tc in w:zole or i3 part. L ::11 a: c_ _?Vc-!e c: t_u Covenants by jud;ment or c:, z. orur in zo o `:_'ect _y of the other provicicas wl ich . h=u romain is :ill c, 18. IQctP nS :.crI~Ln ccntained v ll be so construed ac to alter or feet the rt;:_ c !d Law. cc-H. Reybine and Dwi,rt _ac, their hcira, or assigns to Fell, mort.+_^c, lease, tear=;f:~•, c:,.!v.::y; divicc; ^ozt:a or In any manner dicpc~e cf any or all of the Ln_c lyir:g ccath :r_d caot of and adjacc_nt to the laic: chows and c 1 c c Lid cuzv y "R ;cervation ice", pt ovtcod :"7aya th :t avid -alc t lc tr, .cr, conveyance, d'_vl +.:a or u'c- division of cold 1._:ao Fhall bo aubiact a..d :subordinate to the provi „ of thin DECLAiL=1TiO1`; L:ec_ar ao the sa ae may be applicable thereto. 10. 17o structure c; "y 1_'i_id other than one bath house, act p more thin c_e story in 4a'-ht hall b-, cr-,cted on that portion of the premicen dcoi-ncted cs ,^.eservatic A"-on said survey, and shall be located ca t_:e westerly 75 feet thereof, and said premiees desi-nated as "I:coervattca A" a It be, used celcly as a private beach for bathiu!Z, cu=h_-t`ln;-, picnic-'in, a=_d related uocs by the ownera of parcels 1, S, 31 b, E and 7 v~l deci--hated on .,aid survey. -0. The prcvisic_s c: Secticn 10 of this DECLARATION s'_•^?1 q r,:; be a~: L+a_:Le to :cncco and/or erected or pla::ted or to be oractca cz p1s'ted c n Ll:cue por:_.~_.o c t:_e 1-d3 shove on said ourvely nt to Yc nc d• 7cccrvation D"• and the landa t_ L 2Jc c- C. L. " eatate, Lldwtn E. r r, r.uj:, Ing the premiaes dices en ad Fr " y Ga It coot, ,t_ _cl tl<ct. l:o c .::-c`-trey or right of user over the to c? tray or C F at s "Reservation en --aid c::: vey s ecw.: c c_~. __.._y c_ isp icaticn to the gr .tees c' c' L +e La rr~r CO 1 r yb+Wa and PAA,11t orna L. tLo Y=cj_i~ .ocl z ~_t,l e__wy a_ vatioa D" and the ri--'_:t t3 use 13 r+ c9-way ? r,c shall ba e_-pres--ly limitod znd ro c -vc1 to the o cf hL n rc of land designated on acid aurvoy ra r_::rc~.1r 1, 0, LEI C'a \ OF, tlt.; ::aid Lawrence H. Reybine a d ~vllht A. Lo_._c .._vc i.a`_.;t_.:CO ..c. " _."handy and seals the day a3 year first ._,ove t r_..._. h iAkv"? A., 0 L. S. I 3 i ~3r Inc/T r3 STAT'Z OF COUT-ITI, 0--? I~ Oa L e r% . _y of ; yy 1955 before me, the subacrlbcr, perco:tauy appeared r C Y= to me PcrCca lly :-o:rn ane known to =c to be the same percom da"ribcd Ln and who caecutec L I," ttiin JnL rurae :t, and he ac:cncwledred to me that he e_ecutcd the ~ Yov1 Coumy STATE OP xr YO_ T. m L^ . ua cn so, i;sa COUNTY OF N6a y n On this /ol ccy c y, 1955 before me, the subscriber, peraonally appeared MVIC_=T A. ?IOPP;E, to me personally and :moua: to ms to be the same person described in and who executed within i_...,_u=ent, and he acknowledged to me that he e= cutcd the came. 1 U L ~ V ' ' A. W coy; SUG ~~yl..;. rr y.Lf .J i. Jr+.c LevrtJ ' ~-y P.ertihuie Poet a Yev llrl t;o+nir l:+mini+a Lcpra L'u+d 8Q 1'Y.J i I tol 'ji - _ - - t- ~ ~ Y ~ ~ ~ _ ~ 1 t~ L? ~ - ~ ~ ,1 t ~ _ - _ ~ a ' 4,' 1' ~ ~ . t Y ~'ti ` W- ~ :a3y f~ ~~'~i - . A_ 1 `f ti~ ; ~2 ~1~ ~ ~l ~ pL - v' = ~ 4 , ~c ~ ~ rl . ,r.. 77. " , . yi. .tea v. i~.+ • 7 1 I \ 5, 89 20 107 E. 210.51 r r - e ` c C) Pnf>706RAph-~)e :d. w fl C5&) Wc2r T-h eM PORCH Q ~ ~ FLAME ~ ~ pToAce i S noveo) POOCH / / IT- 11 9~ I J i i I ~ O I i i J Ax 1`IhP t Boa ~7- 5 -22 i/ / 2 i Off' \ \ S.T • i 48 / • 3 ~141, Lie , S-5 NOTICE IS HEREBY GIVSav, pursuanrto Section 267 the Town • 01' the of the he Town of of Mattttuck, =d. d the Code -that at the following public hearings will be held by the { FEB 2 3 - In said County, being duly sworn, says that he/she Is SOUTHOLD TOWN BOARD, OF', pppEp,,,~~ at the Southold Town NeR, Principal Clerk of THE SUFFOLK TIMES, a Weekly 53693rain Road, Southold, New Newspaper, published at Mattltuck, In the Town of York-I197I,'on WEDNESDAY, MARCH 1;1995, commeoeing:at, the Southold, County of Suffolk and State of New York, tma"specified below: and that the Notice of which the annexed Is a ,1; 7;30 p.m. Appl. No 4298-SE PrMOG S'rAnONg LTD. Request. printed copy, has been regularly published in said for :Special: Exception under Article VII;!Section-100.7IB for approval of Newspaper once each week for weeks office use(sJln this Residential-Office` g essively, commie pcng on the 10 day of (R Zone District, in conjunction 19 with h the existing single-family yp dwelling unit, at premises known "I' 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 1 A n./~n • / 109•I-23. Subject premises consists of 'a total of six acres,. which is located Partly. in the Residential-Olftce(RO)~ CHRISTINA VOUNSKI - Zone District and partly in the R-40 NDIary Public, State of New York Principal Clerk Low-Density Residential Zone No.5004884 . ` Qualified in Suffolk County ' 2. 7:35 p.m. A' I. No..4299T ~'yearmission Expire November 23 ROBERT S. HUGHES. Application l/ f based upon the January 23, 1995 No- ' ti coofDisapproval from the Building. Notary Public Inspector, requesting a Variance under the Zoning Ordinance, Article Ill, r / Section 100.33 for permission tore- //~~J•, k ux an aroge as an a ft-Try ; Sworn to =re this ng an areaother'then thaYe=' yaired rear yard. Property ID: 1025 day o G Private Road a6, Orient, NY; County Ufa . Tax Map District 1000, Section Ile Bktck4,Lot22. , . 3. 7:40 p.m. Appl. No. 4297- CLAIRE CHAMBRUN. Application _ based upon, the January 9, 1995 Notice of Disapproval-from the Building Inspector, requesting a variance under, f Article ILIA, Section 100,30A.3 for Permission to construct as addition to existing dwelling with a side yard set- d.back at low than the required 15 feet! Property ID: 840 Pinewood Road, ' Cutchogue,-NY; County Tax Map 'Parcel No. 1000-110.5-25. don; if and when the existing a ug`. . is re-located. Location dfProperty: 2850 Bayview Road. Southold. NY; 'F Comty Tax Map No. IOOD-754.22.3. 5. 7:55 p.m. Appl• No. 4301 - EDWARD and VIRGINIA THORP. Application based upon the January 3,.; 1995 Notice of Disapproval issued by, the Building Inspector, requesting a.. Verjaace under Article IIIA, Section 100.30A.3 for permission to reduce for area ",it width (frontage) of Iwo exist- $ kill nonconforming lots, each with an improved dwelling, due to a Proposed lot.line change. Location of Property; 80 South Lane and..120 South Lane- : (a/k/a Oak Ct.), East Marion; NY;`I. .;i.'. Gardeners Bay Estates Map. Lots 3 and,, -4; County Tax Map Parcels. No. 1000- 37-6-;$.j and 2.1.. W p.m.,Appl. No. 4202 a ,BARBARA DOW. Application based '.d'. upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII. `Section 900-280B. and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road 04, shown as County Tax Map Parcel No. IOOD-17- , . .3.11, Orient, NY, County Tax Map r Parcel No. 1000-17.2-6, and over a the ,.1. private rightof-way extending off eY -north aide of State Route 25 (Main, Road). i$ The Board of Appeals will at said time and place hear any and all per- , .'edns or iii r nistiveY dashing toheard in the above matters. Written comments rosy also be submitted prior the conclusion of,the subject hear- 1 to ing. Each hearing will not start before the. times designated above. If you wish to review the files or need to ; request mom information, please do dq not hesitate to call 765.1809 or visit our office. a; Dated: February 10, 1995 ORDER OF. ik THE SOUTHOLD TOWN BOARD OF APPEALSy GERARD P. GOEHRINGER CHAIRMAN _ By Linda Kowalski .:Y 8239-ITFI6 ,r~ ~~gpFFOIKCOG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman r°n at 53095 Main Road Serge Doyen, Jr. ~+0 P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A• Feb. 3, 1995 TYPE II ACTION DECLARATION Appeal No. 4299 Project/ Applicants: Robert S. Hughes County Tax Map No. 1000- 17-4-22 Location of Project: 1025 Pete's Hill Rd., Orient NY Relief Requested/Jurisdiction Before This Board in this Project: Relocate garage in the front yard as a detached garage This Notice is issued pursuant to Part 627 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) Farm 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 627.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA (specifically 627.13, 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 • o~~gpFFO(,f JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK to Z P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE Fax (516) 765-1823 RECORDDANA EENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: February 3, 1995 RE: Zoning Appeal Appl. No. 4299 - ROBERT S. HUGHES Transmitted herewith is Zoning Appeal Appl. No. 4299 - ROBERT S. HUGHES together with the Notice to Adjacent Property Owners, a copy of the deed, the application for the Building Permit, the Notice of Disapproval from the Building Department, the Certificate of Occupancy, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, and the Survey Map of the Property. Judith T. Terry Southold Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YoRB 3 1995 p APPEAL FROM DECISION OF BUILDING INSPECTOR SOUthOldT91WPE;1 fkO. y~~J DATE:..: .~¢.~.,,1r...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i 1, W LET 2.04z*,i....5.:....... !1..G.ktmy ...............of ~ ..J....P~:2 Name of Appellant Street and Number .1.N....i HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of loci .1w.........~Q:~w :................N.:~.....~~.~l.rl.~....... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..1.~?. J~.na. '.:3.. ! Sha...S?e:u.iv~" Street /Hamlet / Use District on Zoning Map District 1000 Section i Block4 Lot-19 Current Owner kog TA1 S, kvc Ac's Map No. Lot No. Prior Owner n K.oB,~e7- ;c,hj-.s 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 (i t Section ( Oo - 33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (UO A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal H®) (has 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 and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (xT A Variance to the Zoning Ordinance is requested for the reason that 5 w jS n .7-6 DT ; AC n T Kc c k,S 7 )w(L CA 9-44d-- • 4r"0 LoC+47t7 ii hS..Pr-'FQea-67ANO•N( S.-Q.c>cTo,2c a0 i tIAT PA-R•i o+= THF, P~PexTY WHICH 1IIa Qu. p,NC~ ®~Gf~Q'iN,pro7" HAS 17 S16"h~cd A-,& rh, { P-0 rs7 yhR1~. Form z8I (Continue on other side) . Y31!A.117?.I!A . ,hoy w60 to it,, ' ,a,' ,',9 y1610lA REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because r ; c,so0 :-O Aa S r p-, cT pt-AC_G* Z N7 To Tire tiso2 7It o r i fig koose - AN IlAar,r k 3A, r2i}c7-1 a F Tffc Sr io aF ThA-r r-o T-11 $OU i H or 7hcF ttOaSJ. L HAVJ N,_wtv YS CAS, b72,9,6 Fit ,AJ0CTif -S 6, b H 7 tie kauseT l,J or li t rS Vie w, no 8r T fie= 1=,Co,ui. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ! ho ro Pact 2h P ki Y a 1= T H i S QI, P~r-1 S v,ot quc. . rrj ctiha iVCv ekN tso7- 13 - 47L.oc,o-;,v,a rd rne- is A-6 Gi- Tffic~IJvs~ 9,Fc +"k ai= 4o cc T Vc'1C;r c-4L 1) ece PL, c_,foc. J ,T T-O Tke NoeTh uzoo.J oz;s, p, Lr Tnc Viaw di Lc),~c Isc-h,~o-cQ~fj O, jtl~er iS No JLoor•~ ~ Tfzd wc~7 WtTHoar MOJlNCi THa li~r2-h4~ SooTrf 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because' 17 rS Noi 1rrS,i3r.7 F06f t hrN1,( cap 711c3 N:1GNdOU2S'• PzOPazTIC$_ Cam' l i r.s fIA-ka TO SP=Y wtl t eH a h ~,o iS ReALi-Y T1f,.= rQO'n~ i o,u+G- V wou il .19d Ccs~uSrb'7ex*? ,w[Th UTftaX Pfzopr~?rte ru r'rH h Vraw P~hcr~ c. /}cccss6ey aair Dr 13(5 So rYS ra Ira'i oQS?SRvcr J-N V,3w STATE OF NEW YORK ) ss Va. COUNTY 0~ Signature Sworn to this . day of...... 19~b ? Notary Public ANNE K. RILEY Notary Public. State of Now York No. 5011092 Qualified in Suffolk County Commission Expires April 12, 1995 BOARD OF APPEALS TOWN OF SOUTHOLD j In the Matter or the Petition of I 20#An t- NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: 1 PROPERTY OWNER ~~AF2D a 1- l+Pl~c~as YOU ARE HEREBY GIVEN NOTICE: 1. Th a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variant (Special Exception) (Special Permit) (other) [circle choice] n 1. I 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: i X 1-1 A P 1 pp 1 *7 - Ay 29 r o t P E rs' s tit L 12 his i 021&" AJ -q t l C1 7 3. That the [property which is the subject of such Petition is located in the following zoning district: I -i That h~ such Petition, the undersigned will request the following relief: LUC k ra,u ea F C 'S R % ~t)1LQj N - l A CArge&C ; - Tr c2ons- yA(L'N 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 1 1 1 Section i 0 0 - 3? i [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. C 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 75-1809. 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: 21 lei b /A U Petitioner Owners' Names: 9, ac,P; ~uc&es Post Offi a Adcl,gss U. Llok 76y t oez a r__ AvY 1e 5t 7 i Tel. No. (S/6) 323- 2665 [Copy of sketch or plan showing proposal to be attache AoWvenience purposes.] nr,.t-A 1.. 1 1 I I I 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS ~i e eui>a k Q~svas ~5~ `~outurS rQo~d ~L, n'~! 115 ) 1310000 17E62E(,@Rro 1Sr247 EZ71Si115s ~a2cr2o3aY Nom) t149- G rI14J l~e-hTrNC 160 gj.:21tr & E'P-N tQz%Q ~aeoQt3 A 144 Coc_utiSih fl ~~n c ~2~o~e~7ti NY 11201 49_1 t2oNY I ' UR L70 11 7 w 11 ~STIC9--i NlJ Ny 1 00 i l Gl.4EAK.10it RU4ktaS icL~d hi b zpe- i I JcR COLO2A dot/S LAW Qe~teS =YQr N'F P V oh _7e16 t~Qi 'wi N`/ 1150 i m "m v 1 cEl m c U V ' W E W N in mw m o r 2. a~ m~i v Z $ 30 C~ a' . 5 m 2 0 a- << 2 nn M1 m m m 0m Nm 16 V N ~V dz~"ml~ ~ m a u o a I c 4 ~Q mpl m a $ <E < 3!J ' 1 ml oQ m $ $ 35 ~ 1\d in y u y nQ 9 £66t 40JBYY 008E WOd Sd COUNTY OF SUFFOLK) 208cr-9 S_ 1lu~NcI residing at 109 Pe T& S ~rrr PaAn 84 t o /U i N ~f 1 t Cr S -1 being duly sworn, deposes and says that on the 2 u~ day of FEaP_'J A ^y , 19 9 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~Gc6a PoAr NY It ci y 41 ; that said Notices were mailed to each of said persons by (certified) (j-mail. Sworn t before me this a~ day of 19 Notary Public ANNE R.1WEV Notary Public, State of New York No. 5011092 Qualified in Suffolk County Commission Expires April IZ 1995 „ (This side does not have to be completed on form transmitted to adjoining property owners.) I 1a 164 (2/871-Text 12 PROJECT I.O. NUMBER 617.21 SEOR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor] )PPLICANT (SPONSOR 2. PROJECT NAME S L, a. PROJECT LOCATION: Municipality O Qy3N ( I S J! 17CL0 low v County 1~rULr,( a. PRECISE LOCATION (Street address and r adniintersections. prominent landmarks. etc., or provide maul IOY.J ACV'S hjL_G KOAO 5. IS PROPOSED ACTION: ? New ? Esoansion W Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: DO T rf L H C d le C% .r_e d4 6 I„ ~D wl ~~Ol~ S v r3 j3 2c LOCA-i-' f i TO T-h4 i 2y,hJ i `lkf2D - 4 20 t, m i'tre- / 3,3 PccF- A- I"-Lowc Q Qi so-n7,- Zp e 'j 1LW 7. AMOUNT OF ND AFF VT 'ED. p 6A Initially 6[ /zCS acres Ultimately Z L ~C f acres B. WILL PROPOSEgDACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE R/EISTRICTIONS? ? Yes y Ie9 No If No, describe briefly A PT, Sc l o O .3.3 L' c Q U . 9.., S G L SS ~.Z 7 S720c7'oz,;,) To 13,5 coc.}IVb Jw i2e-h2 ytt12AS 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 92 Residential ? Industrial ? commercial ? Agriculture ? Park/Forest/Open space ? Other - Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE ~ OR LOCAU? n;Yes ?No It yes, list agency(s) and pemliVapprovals Sd Urrtot-il IUu1rU ~OIE"QQ 6Y% .4 Ppr,;LS ANO Sol)~YLo~p t3urLil+W C. ~c lO ~iN2 c"riJ', If. l'DOES ANY ASPECT OF THE ACTQ%I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 13 Yea RN- II yec, 451 agency name and permdhpprova! 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes tg rho 1 CERTI THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllip2rna e: ~1 C ( Dale Signature: G 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 (Continued on reverse side) The N.y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this board . before any action is taken. SNORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCT (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the additional studies),e research tor o other investigations willebeeundertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _-Yes :xNO 2. Will there be a major change to any unique or unusual land form on the site? __Yes _NO 3. Will project alter or have a large effect on an existing body of water? -_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 -KNo 6. Will project affect any threatened or endangered plant or animal species? -_Yes )!&o 7. Will project result in a major adverse effect on air quality? _Yes /e No 8. Will project have a major effect on visual char- . - acter of the community or scenic views or vistas known to be important to the community? Yes -<No 9. will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicai importance or any site designated as a critical envircnmental area by a local.agency? _Yes ,-fNo 10, will project have a major effect on existing or future recreational opportunities? _Yes KNO - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ___Yes _,,\-No 12• Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes 'k No 13. Will project have any impact on public health - or safety? _Yes -k-No 14. Will project affect the existing community b directly causing a growth in permanent popula- tion of more than 5 percent over,a one-year period or have a major negative effect on the --YeSo character of the community or neighborhood? 15. Ltth~'ree ub 'c ontro a sy concerning the - _Yes ` ~e'No Preparer' s SiRepresenting: - C 2BA 4/75 Date: I Z QUEST_ICNNAIRE FOR FILIPIG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject Premises and a description of their interests: (Sepirate sheet may be attached.) 0 R-2i S ~1 uC r.as H. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes (56 No. (-If yes, please at Ch copy of "conditions" of sale.) C. Are there any proposals to change yr alter land contours? { } Yes {X} No D. I. Are there any areas which contain wetland grasses? "c) 2. Are the wetland areas shown on the map submitted with this application? Nik 3. Is the property bulkheaded between the wetlands area and the upland building area? M o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NIA E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _Ltp (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? a,.,j If none exist please state none:" G. Do you have any construction taking place at this time concerning your premises? Aj C) Of your building If yes, please suhmita copy Department. permt and map as approved by the e Building please state. H. Do you or any co-owner also own other land close to this parcel? C s if yes, please explain where or submit copies of deeds. pies I. Please list present use or operations conducted at this parcel 0 NC F k w4 $ 4-'1 D Zralorrized o vas and F to t -1 t) W vgn to and Da e ' 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold, (Added 6-5-84 by L.L. No. 6.19841 WETLANDS (Amended 8-26-76 by L.L. No. 2-1976.3-26- 85 by LL No- 6-1985k A. L1DAL 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 waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL marshmallow and low march cordgrassaad/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B- FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 2-1.0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Laxv of the State of New York: and (2) All land immediately adjacent to a "freshwater ivet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland:" 9705 z-=s•es • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z.1307 Date March.... 6................ 19.42.. THIS CERTIFIES that the building located at .11/S..FtSft..K.Q..W...S/S••1d81ri••Rd••• Street Map No..XXX Block No...... XXX......... Lot No. ...,=.......Q+TIAn.t$...NrL, conforms substantially to the Application for Building Permit heretofore filed in this office dated ••••••.••••••••••••••••••••••..Zl=..... 2(26 1961... pursuant to which Building Permit No...7 dated June 26........... 19..61., 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 ftlv.ate.. ans..P,awilx..avelling This certificate is issued to ...Rchert..G.-Hugh.es.....•••••••••••••..Owner (owner, lessee or tenant) of the aforesaid building. H.D.approval by MaVkowski 10/20/61 Building Inspector v>py~i. '~VS`..ssn..., L.~.„.:-,. _-:.....,~.:a...m.wASru+3 _ .~t1t ..~,.=s, +i•.rr'i~ !bw • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. 2..23SS Date AA1C.11...15 19..66. THIS CERTIFIES that the building located at .....Pr.lvate..Road Street Map No......U............ Block No....XX Lot No. ..6........ rloat,.N9W..York conforms substantially to the Application for Building Permit heretofore filed in this office doted ..............•••••"......•'•Deeember••1••••••.•••.•. 19...65 pursuant to which Building Permit No. .49.47..Z, dated ................DeCPSpheY...l............. 19..65., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is e dditl on..to..oiaa..gAM j I y..dwell i rlg HU . The certificate is issued to ..'~QAy!„~TQ fq:F RObe=t cjhe6 (owner, lessee or tenant) of the aforesaid building. 9..... P . Buildin Ins for 't Executor's Deed - Individual or Corporation. N.Y.B.T.U. Form 8010 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT • THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 6th day of May, nineteen hundred and ninety-four BETWEEN, ROBERT S. HUGHES, residing at 1025 Petes Hill Road, Orient, New York 11957, and ELEANOR K. HUGHES, residing at 1290 High Street, Apt. B, Denver, Colorado 80218, as executors of the last will and testament of ROBERT G. HUGHES, who died on the 12th day of June, nineteen hundred and ninety-two, the party of the first part, and ROBERT S. HUGHES, residing at 1025 Petes Hill Road, Orient, New York 11957, and ELEANOR K. HUGHES, residing at 1290 High Street, Apt. B, Denver, Colorado 80218, party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on August 5, 1992, and by virtue of the power and authority given in and by said last will and testament and/or by Article 1 l of the Estates, Powers and Trusts Law, and in consideration of TEN ($10.00) DOLLARS, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributces 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 at Orient, Town of Southold, County of Suffolk, and State of New York, being more particularly bounded and described as follows:- :STRICT BEGINNING at a monument on the southerly line of the hereinafter described parcel, said monument )00 being located at the intersection of the said southerly line with the northwest corner of property now or formerly of Weil and the northeast corner of property now or formerly of Reybine, running thence xTION North 66 degrees 52 minutes 50 seconds West, 150.0 feet, running thence North 66 degrees 52 17.00 minutes 50 seconds West, 255.08 feet to a monument and lands now or formerly of John B. Tuthill; !LCK and running thence along said lands now or formerly of John B. Tuthill the following three (3) 4.00 courses and distances: (1) North 12 degrees 45 minutes 49 seconds East, 19.0 feet; (2) North 19 degrees 13 minutes 20 seconds East, 221.82 feet; and (3) North 16 degrees 50 minutes 10 seconds yr East, 153.65 feet to a monument to the true point or place of beginning, and from said true point or 20.000 place of beginning; RUNNING THENCE along said lands now or formerly of John B. Tuthill the following two (2) courses and distances: (1) North 16 degrees 50 minutes 10 seconds East, 147.0 feet and (2) North 18 degrees 56 minutes 50 seconds East, 88.30 feet to lands now or formerly of Mahaffy; RUNNING THENCE along said lands now or formerly of Mahaffy, South 82 degrees 15 minutes 00 seconds East, 320.86 feet to lands now or formerly of Fagan; RUNNING THENCE along said lands now or formerly of Fagan, lands now or formerly of Norkelun, and lands now or formerly of Saborido, South 09 degrees 16 minutes 00 seconds East, 254.0 feet; 9 /2968 CE along lands conveyed simultaneously herewith by separate deed to Robert S. degrees 20 minutes 10 seconds West, 210.51 feet to lands conveyed simultaneously te deed fo Eleanor Kip Hughes, North 72 degrees 57 minutes 50 seconds West, rue point or place of BEGINNING. TOGETHER WITH a right of way 30 feet in width running in a generally southerly direction through the aforesaid lands of Robert S. Hughes on the easterly portion thereof and then through lands now or formerly of L. Reybine to the Main Road (New York State Route 25). TOGETHER WITH all of those rights including but not limited to beach rights and subject to those certain covenants and restrictions contained in a certain declaration dated April 23, 1955, and recorded in the Suffolk County Clerk's Office in Liber 3892 page 202. The above is an in kind distribution of assets in the Estate of Robert G. Hughes. J 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 line thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has the power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whcrcby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it reads "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: ROBERT S. HUGHES ELEANOR K. HUGS r • • V, STATE OF NEW YORK, COUNTY OF STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: SUFFOLK ss.: On the 6th day of May, 1994, before me personally On the day of 1994, before me personally to me known, being by me duly came Robert S. Hughes and Eleanor K. Hughes, to me came depose and say that he resides at known to be the individuals described in and who sworn, did that he is the of the corporation executed the foregoing instrument and acknowledged , described in and which executed the foregoing that they executed same. instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he ry Pu lie signed h name thereto by like order. WILLIAM H. PRICE, JR. Notary Publlc, State of Newyork Notary Public No. 4844944, Suffolk County Term. Expires February 28,19% RETURN BY MAIL TO: PO BOX 2065 [:G:RFIENPORT,NY IAM H. PRICE, JR. 11944 I Executor's Deed - Individual or Corporation. N.Y.B.T.U. Porm 8010 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 6th day of May, nineteen hundred and ninety-four BETVyEEN, ROBERT S. HUGHES, residing at 1025 Petes Hill Road, Orient, New York 11957 and ELEANOR K. HUGHES, residing at 1290 High Street, Apt. B, Denver, Colorado 80218, as executors of the last will and testament of ROBERT G. HUGHES, who died on the 12th day of June, nineteen hundred and ninety-two, the party of the first part, and ROBERT S. HUGHES, residing at 1025 Petes Hill Road, Orient, New York 11957, party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on August 5, 1992, and by virtue of the power and authority given in and by said l last will and testament and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of TEN ($10.00) DOLLARS, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees 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 at Orient, in the Town of Southold, County of Suffolk, and State of New York, being more particularly bounded and described as follows:- BEGINNING at a monument on the southerly line of the hereinafter described parcel, said monument "ISTRICT being located at the intersection of the said southerly line with the northwest corner of property now 1000 or formerly of Weil and the northeast comer of property now or formerly of Reybine, and from said SECTIOI4 point of beginning 017.00 RUNNING THENCE North 66 degrees 32 minutes 50 seconds West, 1$6.0 feet to a monument; BLOCK 0 4.0 0 RUNNING THENCE North 14 degrees 39 minutes 50 seconds East, 421.64 feet to a monument; i,OT 022.000 RUNNING THENCE South 89 degrees 20 minutes 10 seconds East, 210.51 feet to lands now or formerly of Saborido; RUNNING THENCE along said lands now or formerly of Saborido and lands now or formerly of Hilton, South 09 degrees 16 minutes 00 seconds East, 261.11 feet to lands now or formerly of Ono; RUNNING THENCE along said lands now or formerly of Orro the following two (2) courses and distances: (1) South 50 degrees 56 minutes 20 seconds West, 135.02 feet; and (2) South 74 degrees 55 minutes 20 seconds East, 52.48 feet; RUNNING THENCE along lands now or formerly of Reeves, South 70 degrees 43 minutes 40 seconds West, 125.19 feet; RUNNING THENCE South 36 degrees 12 minutes 10 seconds West, 83.00 feet to the point or place of BEGINNING. TOGETHER WITH a nonexclusive right of way running from the southerly line of the subject parcel to the Main Road (New York State Route 25). SUBJECT TO a 30 foot right of way running in a north-south direction on the easterly portion of the above-described property. SUBJECT TO a 30 foot right of way running along the southerly line of the above-described parcel in favor of the parcel immediately to the west of the subject parcel to be conveyed simultaneously herewith to Eleanor Kip Hughes. TOGETHER WITH all of those rights including but not limited to beach rights and subject to those certain covenants and restrictions contained in a certain declaration dated April 23, 1955, and I recorded in the Suffolk County Clerk's Office in Liber 3892 page 202. The above is an in kind distribution of assets in the Estate of Robert G. Hughes. TOGETHER with all right, tide 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 line thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of decedents death in said premises, and also the estate therein, which the party of the first part has or has the power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it reads "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: ROBERT S. HUGHES ELEANOR K. HUGHES Q 11660 • STATE OF NEW YORK, COUNTY OF STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: SUFFOLK ss.: On the 6th day of May, 1994, before me personally On the day of 1994, before me personally came Robert S. Hughes and Eleanor K. Hughes, to me came to me known, being by me duly known to be the individuals described in and who sworn, did depose and say that he resides at executed the foregoing instrument, and acknowledged ; that he is the of , the corporation that they executed same. described in and which executed the foregoing instrument; that he (mows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he o ry Pub&c signed h name thereto by like order. WILLIAM H. PRICE, JR. Notary Public, State of New York No. 4844844, Suffolk County Notary Public Term Expires February 28, t 99r, RETURN BY MAIL TO: WILLIAM H. PRICE, JR., ESQ. PO BOX 2065 GREENPORT, NY 11944 N/F HUGHES MAP OF PQOF F P20PE2TY SURVEYED EYED FOR.J 5.89 20 10E. 210.51 d \ r.,, D r~ 1.-.13 E n AT AT ~ 021 ENT GQIENT ro m ~ TOWN OF SOUTHO = SOUTHOLD NY, II l v I UnauMatl>oe eCO: to Ihb eurvoV le a Wi, -an ol~~ 3eetlon )toe of Ma ryas, yyhs~ EtlacaOM hw, P02GH 1 Cu0la: nl Nln a'^'=V nN Od r em 4i f+<urvgoM1 Wrvtl Bealry~~ h ~ J eoel ehNl rql b mmWer W ro he a vWltl MMmpy, Onil . nL'0.Y MdeeM6hafmn ehIO NO _ XIaGItK FRAME HOUSE 'O%paNW ldwhom theaurvey -PS.~RfFlz-7- pD¢CH 3gI'_y~ tlrotlc "`^tla'l hla6Mallro Ma Iwm„„-. vixmrueritd 9Aepcyttwl ' top„_ '-rhea^en ontl 0 ow,.„..... .....,..u quint 35~ou ? 3 OP6~ \ i i i 416u1-FFG'ES~tiFVtil1.'ln a _~PP•AGib ~_~(10N dl(F{Yiu7__ Z W 1 Q _ NESJh4 - - - \ =~yi~fifzf-LP1 m 4 E SCALE 4 SCALE : 40'= Irr -•-mow MENT F,C~~ G/,fQ.~ O•MOI~lUME O~ PIPE O=PIPE I i AREA•2.58 AREA•2.588 AG p/ 2 ~~n Frf4J'1:. `.1 nc cam' r Off'9'U LLi s.74•SS, LIR TAX _MAP DATAx1000.17*ZZ -IF 52.48 E. SUFF. W.TAX MAP Di m m n - z 00 10 _ rJ m' 2 00 W o c i Q 0 I 5~0 43 pO~ N,66.S2 as SURVEYED ED AUG.23 _L994 \ ~y w ~ " 20DEQICIC \ )E2Ju, VAN TU L.P.c. ni~2ey /So D s >2 B/Ne \ uC. LAND SURVEYORS iufzvEY0125 - GREENPORT K1Y. ~ j 1 Sos-16 i