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HomeMy WebLinkAbout4232 ~tsi~,eC, 777~~/aslG.aBSt~ a,~~J o?/5~D GJE'6P%fdLEl~~+ 07/)T~/%ee<K ~neu3 5~'1 ~ t ae LOT /,A?E 69;t!! DoE ?S(LFf / ~rlld?/< x/~°F~ ' o~~gUFFO(,~-co APPEALS BOARD MEMBERS oZ` Gyp Gerard P. Goehringer, Chairman w Serge Doyen, Jr. j, • ~'F Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD Appl. No. 4232. ACTION OF THE BOARD OF APPEALS Upon Application of THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hale • Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. WHEREAS, on March 2, 1994 a Notice of Disapproval was issued by the Building Inspector concerning an application to relocate center property line between two existing parcels, each improved with a single-family dwelling; and WHEREAS, on April 6, 1994, this area application concerning lot area and width for each of the two parcels was filed together with a single-and-separate search; and WHEREAS, after due notice, a public hearing was held by the Board of Appeals on May 4, 1994, at which time all- those who desired to be heard were heard and their testimony recorded (and no opposition was submitted); WHEREAS, the Board has carefully considered all. testimony and documentation submitted concerning this application; 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 application concerning two parcels of land, each as more particularly shown on the February 23, 1994 survey map prepared by Roderick VanTuyl, P.C. from which the following information was obtained: a) Parcel 1 consists of a total lot area of 21,500 sq. ft. and is referred to as Tax Map Number 1000-123-4-4 as conveyed 6/10/90 to Joan C. Gibbs. Cie 2 - Appl. No. 4232 Application of THOMAS PALMER and JOAN CIBBS Decision Rendered May 4, 1994 b) Parcel 2 consists of a lot area of 11,900 sq. ft. presently referred to as County Tax Map No. 5 as conveyed to Mr. and Mrs. Thomas Palmer 6/3/91. 2. By this variance application, appellants are requesting permission to re-draw the center division line as shown on the Sketch Map preared February 23, 1994 by Roderick VanTuyl with the following: a) Parcel 1 will change from 21,500 sq. ft. to 12,200 sq. ft. and from 82.0 feet to 41.0 feet in lot width; b) Parcel 2 will change from 11,900 sq. ft. to 21,200 sq. ft. in area and from 41.0 feet to 82.0 feet in lot width; 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 s4. ft. of lot area per new lot to be created (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exist (before this proposed change in the lot division line), an area variance is required to reduce the lot area of one - while at the same time increasing the lot area of the other. A single-and-separate search was submitted to show that these two lots were existing in single and separate ownership, since prior to enactment of one-acre zoning in 1971. Each of the two lots is improved with a single-family, one-story dwelling structure. 4. The percentage of relief sought by this application is zero for the reason that there is merely an exchange in lot size between Lot 1 and Lot 2 - without any other conveyance or split, and there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots established in the close vicinity of this, property and does not create increased lot density; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; (c) the relief requested will not cause a substantial effect on available governmental facilities; Page 3 - Appl. No. 4232 Application of THOMAS PALMER and JOAN GIBBS Decision Rendered May 4, 1994 (d) 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; (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new, location, of the division line is for record purposes and is not visible to the lands; (g) the difficulty is related to the uniqueness of the property and is not self-created; (h) the relief requested will be the minimum necessary to afford relief. (i) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Villa, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4174 in the Matter of THOMAS PALMER and JOAN C. GIBBS in this re-adjustment of lot lines for two substandard parcels, shown as Parcel 1 and Parcel 2 on the survey map prepared by Roderick VanTuyl, P.C. dated February 23, 1994. Vote of the Board: Ayes: Messrs. Doyen, Coehringer, Dinizio, Wilton and Villa. This resolution was duly adopted. GERARD P. GO HRIN R CHAIRMAN f Ef;EIV D AND FILM BY Tom:: SOUTS:OLD TC%..A CL= DF,TE-5_/`&/9? HOUR j Tc<.n Ch k, 'ra cf u.i!oi3 8 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. eF Town Hall, 53095 Main Road James Jr. Box 1179 Robert A. Villa Southold, `New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD NOTICE OF PUBLIC 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, MAY 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from•the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft. height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. Page 2 - Notice of Heari Southold Town Board of Appeals Regular Meeting of May 4; 1994 3- 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article VII, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5 5. 7:45 p.m. Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article V11, Section 100-71B(2) for the proposed conversion of an existing single-family Page 3 - Notice of Hearir~_ Southold Town Board of Appeals Regular. Meeting of May 4, 1994 dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article 111, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback- This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article IIIA, Section 100-30A.4 Page 4 Notice of Hearin,-.. Southold Town Board of Appeals Regular Meeting of May 4, 1994 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Carryover from last hearings calendar). 11. 8:10 p.m. Appl. No. 4203 - KIM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Road at East Harbor, Fishers Island; NY; County Tax Map Parcel No. 1000-4-4-16. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-316(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Tax Maps as 1000-96-4-4.3 containing 15.4+- acres. Page 5 - Notice of Hearin, 'Southold Town Board of Appeals Regular Meeting of May 4, 1994 13. 8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel! No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. Appl. No. 4220- JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. 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: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 r TOIVN OF SOUTHOLD BUILDING DEPARTMENT TO1VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date march 2, 19 94 . Thomas A. Palmer a/c JOAN C, GIBBS To P.O. Box 218 Cutchogue, New York 11935 PLEASE TAKE NOTICE that your application dated , , February 22, 19 94 . for permit to LOT LINE CHANGE ......at Location of Property 2140 DEEP HOLE DRIVE MATTITUCK, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section ..R Block Lot ~E . Subdivision Filed Map No. Lot No . is returned herewith and disapproved on the following grounds INSUFFICIENT LOT WIDTH AND AREA - ARTICLE IIIA SECTION 100-30 A_3 ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. " i li + r. • - v u'I DLyl j nq Inspector Gary J. Fish 4IRV 1/80 OAFD OF HEALTH FORM NO. 1 3 SETS _9,f PLANS . _ . TOWN OF SOUTHOLD SURVEY . . . '-,t BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORK . . a Y SOUTHOLD, N.Y. 11971 L&flilt` f"~t=SSI~GE FY: Ytll~+w TEL.: 765-1802 NInI X111-. CALL Examined 19 MAIL T Approved 19' Permit N/o......... . Disapproved a/c 7~ Z . .....n.75 (Building Inspector) APPLICATION FOR BUILDING PERMIT 'j Date .~f 191 INSTRUCTIONS a. This 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. - e. 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 s1iall haye been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the $,iilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or egulatlons, 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 cc , a regulations, and to `admit authorized inspectors on premises and in building for necessary insp= tib is. (Signature of applicant, or name, if a corporation) 1'0.e. s~~r co `c.//v, o j;... x-). ~ . (Mailing address of applicant) Mate whether applicant is owner,.lessee, agent, architect, engineer, gener contractor electrician, plumber or builder. Dame of owner of premises ...~i~..:../~p. . (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. .c - . (Name and title of corporate officer) 4 Builder's License No. Plum ber'slicense No. Electrician's License No . Other Trade's License No . 1 t,Location of land'on which proposed work will be done. . . . . . . .l. L~. 1 ~~e...~ ref 7-17~1)0.(~e ..f/. jFIouw A'ui er Street Hamlet a,.0 ' runty Tax J1ap No. 1000 Section 1, 3 Block ...rl, v...4 Lot L-7.. ,f.-...... . 3Su, ivision Filed Map No. Lot p (Name) 2'IState existing use and occupancy of premises and intended use and occupancy of roposed construction. €Existtng use and occupancy ~.fY / I.~la. , / j?'QJ, ° . .4/.~.. ;i ]ntended use and occupancy '51 . , , , , , ~ 3. Nature of work (check which' ?licable): New Building Av.rition Alteratidri . . . Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor . If garage, number of cars - 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . 7. Dimensions of existing structures, if any: Front Rear Depth , , Height Number ofStories 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 of Stories t........ , . . 4. Size of lot: Front Sot. i Rear .....',,1,: i.............. Depth t P t~ . 10. Date of Purchase .....'IS. Nagle of Former Owner / , . 11. Zone or use district in which premises are situated . . 12. Does proposed construction violate any zoning law, ordinance or regulation : 13. Will lot be regraded No Will excess fill be removed from premises: XA!: oNo 14. Name of Owner of premises • Address fJwr Z ~'l.Phone No.11.dName of Architect Address 1C'~ !!.e Phone No.......... , . Name of Contractor Address Phone No............... . 15. Is this property within 300 feet of a tidal wetland?. *Yes..44... No......... *If yes, Southold 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. G2~ STATE OF NEW YQ S.S COUNTY OF . ; : yy S Jq J-ff C/ f c , , , being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the_ (G&tractor, agent, corporate officer, etc.) ?f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this Ipplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the xork will be performed in the manner set forth in the application filed therewith. iworn to before me this .........2z da f.Z Y4~'f 19`~ votary Public ~ ~ County ROBERT I. SCQTF JR. NOTARY POBLIG, State of PLY. (Signature of applicant) No. 4725089, Suffolk Co Ml Term Expires'Kaq 31.18 0 MUM /J,'48 d-7r 4 ~lrrc%6 f~ . APR 8 Milt 1"n L TOWN OF SOUTHOLD, NEW YORK Z j APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. _-,2/3~z/ DATE TO THE ZONING BOARD OF APPEALS TOWN OF SOUTfHHOLD,,~N. Y. . 1. (We) D..tY1A.S...~ ~fl41 G ..of ...D.1.V.o.zdl,.e.................................... n -r Name of Appellant Street and Number L Y........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED ....f. .f..d..7 WHEREBY THE BUILDING INSPECTOR DENIED TO 1 of s._ .._?.A~!!~..~ of Name of Ap licet for permit %,~...1~.4....1.~~~.l.?/.~~~~.. ~~..../f?.~T..T./IUG.I.~.........~L~.~.lI..9.~aZ:.... Street and Number Municipality State C ) PERMIT TO USE C: ) PERMIT FOR OCCUPANCY t74 GvT ~tNcE CHA etc i.. LOCATION OF THE PROPERTY ....~GI Street /Hamlet / Use District on Zoning M p it b -strict 1000 Section lg3BI ockOo-iLot0o9 A F/C/Y~BR _................._.._..Current Owner Ors%IjS ' Clap No. Lot No. Prior Owner, _~IRas 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.) ,Aa A ticle~~fa Section /O®-3OR3 31 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) i A VARIANCE to the Zoning Ordinance or Zoning Map C ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art: 16 Sec. 280A Subsection 3 Goy G1116' 26Li9iv_qe h ~r r 4L PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision. otthe Building Inspector or with respect to this property, §t?ih cppeal was ( ) request for a special permit `g O request for a variance a was mode in Appeal No ............Dated REASON FOR APPEAL H p ( ) A Variance to Section 280A Subsection 3 i ( ) A Variance to the Zoning Ordinance r ) '.is equested for the reason that ~~esLt-~Vr T~e a0-Q , P~~e ess is OUR Ile Mh7717&cl Dr enje Rou>ub Rev,,eyC HnrD /s !N /4/ee D o F fYlo/l~ s lo,ei9~e ARC ?i~'.i # 1 zsi (Continue on other side) , , t ail - REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because W/Td7 !>le S/Y))W )OA9ohleT f,, v Inoyc c~geS ~p~/~ e7'. ou t of dr bf II/C ue'95 oFTN //ryes YA- YY)a,s 107c acv S l~Pee l° sots l~ ~c DA~e2~us: 2. The hardship created is UNIQUE and is not shored by all propertes alike in the immediate vicinity of this property and in this use district because DOL' 7-o- LocyJ{off dA~1-3"}1e f~ t,s MID Lr~~G~ ?~i4ee r. /access geeR yA2o w r i " ?J~(JCA' Ole P,,o~T /S /u o T PosS i4ZC Co r 7H 9 LaT 411yL cy~w,g e0o.T~ H'ovse S fqT AZ-0 e'}rr~ a/ ~ t7 DeeP~loLe M4TT)I-uo°we/11~+9~~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because e3uT Na T fi« of T/le J~pj ~~2o/~S LAf•?jOR IgleoL AI7S o /15- Sq ~oo7fI~ e. 7ws flez,, % f>'e Own°e2f //o S R - l3ol97-- ~T s1?hlzeles- So~!lc~. rv/;~fiT ou% o jr-- Ssv } . Whlfw IVO T eiY USA`. STATE OF NEW YORK ss COUNTY OF 5`itr(OLV ) Si..nature Sworn to this w~ day of............. P.Q1 % 19 1 Notary Public - ,IoycE M. VWLKINS Notary Public. State of NOW Yclrk . Term Expi ems Juste 42,10921'- ° . i 3 a o F °v e~ R~~ A ~Q• ca e~ Co Q z 06 N „l (a N R> \ ,J ! N O D C l Ty a o o o ~ o Zrl 'ZI 0 j~ \ F tv, b m VZm iTx n i ~ c i N N N ~ f O O O l0 a O 3 3 3 i! . M~, v O r 9y ~ e ~ i Ft i O O T ON 0 r 3 ~r X O O ! ~ s s i 'Al 17- O O D I 3 T O tD O .t . 3 3 n O O S ' VI 41 O N - - - - - - - - - - - - - r a N I zll 0 W < -j ° s 3 °Q a° o° o° ~p O C~ O 'a 9 0 0, a W.. N dm O lti t r m\ . ~.I A` m 40 C3 ~ r 0 °G) c f G P~ I o ` s v` m Z L 3 N r m N~ ry w U , D C7 r. _ w `fit m n ~ \ 3 m < Ln q 1~ .a ICJ n ~ ~ 1.ti W -i y 'J p T ' m A .4 T m -i 00•` 03 T c) . i II j I 11 n ti~_ I j, j N C fD (D (0 ` f A w a / O O O (O j~ a~ J.i - vy, N n Ga n w t t cl~ `I s~ca o ~ n _ X i T r I. b G P t I 1 21 m -n J O O C ffffff (1 (1 L Y ` O O D N -3r O jx R O O n O S y y O I m ' N 3 1 to T o , 1 ~ I U 1 r \ G x fln; j - .r.r ~ , r ti. u;IJLItEi CC mAS i4.. LEA ift EQ P.Oleoy jQAN' GiBBS JNNYc?DE LWIE ~ ~N~m % L Yank f l~f L~t~ MH;yS yyry~, om~ed 6eav lA„}ha or Coa2nteesi aY.skfereq elO the r f:arepri F rr wry ypnWhA?r~shallnin lp~ryN~sit or~~~tal egT°rrye #h~'~ fida?GSSV NQ NEI,/ var Yn, f P. ho. 45:5626 14-a c~`TE0 LAND `'V4` 1 t4J r^ a P?~C ; li J.,{ C~, i, 1 ~n v ~ ~ GJ t u > i .yam n ca r O p N S o O COT.ICQ. f-j C+ ~ 'o l9 of ~ 2i• ~OO-F '4 F $ `k © ~wtv~• f moo p o, cX157 LV jy) OL 74) u~ O d 1,5TOrzy Pa .0 LLI t n r 199.53) 34 - r 1 1 217' { i i IN Yew r. r , DWXES 5 THRU 9 MUST BE TYPED OR PIUNTLU IN BLACK INK UNLY PRIOR TO RECORDING Olt FILING. I SUFroLK COUNTY CLEIUC 2 3X57 3 O.N ` ve Ull# 11691PC561 U! CE 0- Numh:r of ling .5 1 QUG 29 sz $ _ 9 A,y 1OItItI,N,' J{-'ir F."u. Serial # AUG 29 _ . (t ri, i F SUFr~_; ?OUNFY ' Certificate 8 ' F .T3tilSS 14:y . SUFFi~~ K 257 Iris r fH _ Decd / Mortgage Inslrunrenl Decd / 51m'Igagc'i'ax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. Ilandling /S 1. Basic Tax _ TP-584 - 2. SONYMA - Notation T Sub Total EA-5217 (County) 1 Sub Total 3. Slice./Add, _ EA-5217 (Slate) TOT. MTG. TAX _ R7IDU! R.P.T.S.A. Dual Town _Dual County Held for AFPorlionment Couun. of Ed. - At Transfer Tax Certified Mansion Tax _ C - yj w?~ The properly covered by this mortgage Reg .Copy or will be improved by a one or two CONY _ Sub Total / _ family dwelling only, Other . YES_ or NO GRAND TOTAL If NO, see appropriate lax clause on page N of this instrument. Real Property Tax Service Agency Verification G Dist Secllon Dloclc Lot Title Company Information 1000 123.00 04.00 004,007 - NONE 4 CA " vyy~~ Nun" Company Name NONE FEE PAID BY: Ti Number Cash_^Checll` xXChargcL THOMAS A. PALMER P.0 BOX 218 Payer same as R & R_ CUTCH07 NY 11935 OIL ';SYNDICATED INC. :x•s:.;. A) F f AA . etfeel `J°' RECORD & RETURN TO 3~, Avg* g~ Suffolk County Recording Endorsement Page This page farms Oart of the attached DEED (Deed, Mortgage, etc.) made by: THOMAS A. PALMER The premises herein is situated in SUFFOLIC COUNTY, NEW YORI{, TO In the TOWN of SOUTHOLD THOMAS A. PALMER & KAREN PALMER, UX In llhe VILLAGE or HAMLET of MATTITUCK s.a AL -wry w wl L-7 Standard N.Y.B.T.U. Form 8W2 Bargain and Sak Deed, with Covenant agairot,,rantor's Acts-Individual or Corporation (Sh%&Sheet) • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ' t j: THIS INDENTURE, made the o2 day of Au,,at air_.-a hundred and 94 BETWEEN THOMAS A. PALMER / P.O. BOX 218, CUTCHOGUE, NY 11935 2050 DEEP HOLE DRIVE, MATTITUCK, NY 11952 II party of the first part, and THOMAS A. PALMER & KAREN PALMER, his wife P.O. BOX 218, CUTCHOGUE, NY 11935 2050 DEEP HOLE DRIVE, MATTITUCK, NY 11952 party of the second part, WIT'NESS~TH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the parry of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: lD od BEGINNING at a point set in the southwesterly side of Deep Hole Drive distant 2155.38 feet as measured along Deep Hole Drive from the intersection of the westerly side of Deep Jd..3,00 Hole Drive and the southerly side of New Suffolk Avenue, and from said point or place of beginning; (J 00 RUNNING THENCE along the southwesterly side of Deep Hole Drive southeasterly along the arc of a curve having a radius of 330.0 feet, a length of 41.0 feet; UD 469) THENCE South 38 degrees 53 minutes West 201.74 feet to Deep Hole Creek; THENCE westerly along Deep Hole Creek 46.0 feet to a point; RUNNING THENCE North 39 degrees 03 minutes East 119 feet; THENCE North 30 degrees 13 minutes East 27.49 feet; RUNNING THENCE North 47 degrees 21 minutes East 59.41 feet to the southwesterly side of Deep Hole Drive, the point or place of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the patty of the first part covenants that the paty of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" 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: THOMAS A. PALMER h R R C 0 R D E D 1& 29 1994 pDWh9D f. ROMAINE n anti ru RI wfux Cowry 11000NTY OF SUFFOLK 1. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE L_ DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING May 25, 1994 Town of Southold Zoning Board of Appeals 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 considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Palmer, Thomas and Gibbs, Joan 4232 Very truly yours, Stephen M. Jones Director of Planning SIB Gerald G. Newman Chief Planner GGN:mb H. LEE DENNISON BUILDING ¦ VETERANS MEMORIAL HIGHWAY ¦ HAUPPAUGE. NEW YORK 11788 ¦ (318) 833-3182 FAX (516) 833-4044 i r ~~~tlFFD(~-C APPEALS BOARD MEMBERS r1 Co e Gerard P. Goehringer, Chairman ti x v- ~ Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. y~fpl ~.a4! P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article IIIA Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4232 Applicant: Thomas Palmer and Joan Gibbs Location of Affected Land: 2140 & 2200 Deep Hole Drive, Mattituck, NY County Tax Map Item No.: 1000- 123-4-4 and 5 Within 500 feet of: Town or Village Boundary Line XX 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 Comments: Applicant is requesting permission.k(R for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Copies of Town file and related documents enclosed for your review. Dated: May 24, 1994 PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 4, 1944 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board I N D E X APPLN. # APPLICANT PAGES 4223 CLAUDE SHER 3-6 4236 ELEFTHERIOS PAPPAS 6-8 4232 THOMAS PALMER ..............................9-12 4235 KIM FALLON AND CYNTHIA SUTRYK .............12-25 4231 ALEX AND AFRODITE BOUKAS ..................25-29 4217 THOMAS PULS AND DONNA RICCO ...............29-29 4234 ALEX AND MARION WIPF .....................29-51 4238 JON C. KERBS ..............................51-54 4208 KIM CAMPBELL ..............................55-62 4235 KIM FALLON AND CYNTHIA SUTRYK .............62-63 4203SE ROBERT E. BIDWELL .........................63-70 4237 ROBERT PELLEGRINI .........................70-74 4218 & 4220 JOHN STRIPP ................................74-80 Page 9 - Hearing Tranot Regular Meeting of May 4, 1944 Southold Town Board of Appeals 7:45 P.M. MR. CHAIRMAN: Appl. No. 4232 Behalf of 1 3• PAFI I R (Read Legal Notice) We have a copy of the survey indicating the specific parcels as they exists and as the lines are redrawn dated February 23, 1994 by Roderick Van Tuyl P.C. and 1 have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this? How do you do Sir. Can I ask you to use a mike and state your name please? MR. PALMER: Yeah, good evening. I'm Thomas Palmer. Since this time purchased the parcel next door that had Joan Gibbs name on it which was the parcel at the time. MR. CHAIRMAN: So you own both of them now.? MR. PALMER: I own both parcels at this time, right. The real reason for the lot line changes, the lot that was owned by Joan Gibbs was a summer home and still is and it just happened to have a large piece of property on it. I'm a year round residence of the other house and on much smaller property. I'm dying for storage space and ample space, trailers. I have no access to the back yard even where the truck is. 1 didn't, I would not take down oak trees to do that. My owning the property on an access to the yard on the lot have more storage. 1 have a crawl space there with only a 2,000 house. I'm not looking to build anything or to add to anything or detract anything just to use the property for the year round house. MR. CHAIRMAN: OK. In the year round house was presently on lot 2 which is now 21,200 square-feet is what your requesting and the proposed 12,200 is the one that you refer to as the summer cottage? Page 10 - Hearing Tranq&t Regular Meeting of May >t, 1944 Southold Town Board of Appeals MR. PALMER: Right, that,..would be the smaller that would be the summer house----. MR.CHAIRMAN. While you're standing there Mr. Palmer let's just ask the Board if they have any specific questions. MEMBER VILLA: I, I'd like to see a survey because I never did see one. MR. CHAIRMAN: Maybe you can explain to Mr. Villa Mr. Palmer what did you have existing? MR. PALMER: The existing, my house had a frontage of 41 feet. The summer cottage had an existing of 82 feet. So in turn what I'm looking to do is to have the 82 feet, keep the 41 feet for the summer house, but I leave them 80 something I believe was in the back. Their parcel, my parcel obviously will become larger but the parcel that I'm leaving will be larger- than my original one was. In other words there both going in the right direction of size. MEMBER VILLA: And you own them both? Mr. PALMER: That's correct. MEMBER VILLA: And you're going to sell the other after you do this? MR. PALMER: 1 don't think so. I think we're going to keep that for the family if we can work it out, that's basically what the idea was. I got a lot of nieces and nephews, things like that. MEMBER VILLA: So you'd end up with the garage then in that area? MR. PALMER: That's what I need the storage for. basement with a crawl space and to do better house. MEMBER VILLA: Right. He's -going down there without the survey. I couldn't quite figure out what you're trying to do. -Page 11 - Hearing Traept Regular Meeting of May 4, 1944 Southold Town Board of Appeals MRS. KOWALSKI: Just call me next time we'll get you a copy, alright. MR. PALMER: OK. MR. CHAIRMAN: Does anybody else have any questions for Mr. Palmer? It makes a big difference when you're looking at it from here and having you here I assure you. MEMBER WILTON: What is the new side yard on the older building? MR. PALMER: The new side yard that I'm adding to I'll have oh. MR. CHAIRMAN: Well, the, the, I'll answer that question. MR. WILTON: The one that you're taking from? MR. PALMER: Oh! that, 1, 1 don't have an ordinance. MR. WILTON: Preferably. MR. PALMER: Oh! like 18 feet or something like this. MR. CHAIRMAN: Yeah, it's 21. MR. PALMER: 21, OK. I know 1 can still drive a vehicle back, back to that backyard also. That's what I want to make sure of. MR. CHAIRMAN: Yeah, because these houses both are pretty close to the side yard. MR. PALMER: 11, 3 feet off the other property line. MR. CHAIRMAN: Some of the problems that you have when you deal with those somewhat narrow lots when they taper back. Any other questions of this gentleman? Does anybody in the audience have any questions of this gentleman concerning this application? This is the Palmer application. Does anybody have any objection to addressing this at this time? MEMBER VILLA: No. MR. CHAIRMAN: No! Who would like to make a motion? Page 12 - Hearing TranAw y Regular Meeting of May 4, 1944 Southold Town Board of Appeals MEMBER WILTON: I'll make the motion. MEMBER VILLA: I second it. MR. CHAIRMAN: OK. All in favor? MEMBERS: Aye. `APPLICATION NO. 4235 - KIM FALLON and CYNTHIA SUTRYK. 3:55 P.M. (The Chairman read the Legal Notice for the record). This is a request for variance under Article III, Section 100-33, based upon the April 4, 1944 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property, 3200 Soundview Avenue, Mattituck N.Y., County Tax Map Parcel 1000-94-2-5. MR. CHAIRMAN: A copy of the survey of the property on this property exists a cement foundation and the location of the proposed 22 x 24 foot barn. Along with that we have a sketch of a paddock corral area which protrudes into the front yard area and is not necessarily the case of this application but I'm mentioning it because it is used with the application and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ma'am would ru K APPEALS BOARD MEMBERS I& Gerard P. Goehringer, Chairman y Serge Doyen, Jr. "f E: Town Hall 53095 Main Road James Dinizio, Jr. /~1 P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD May 23, 1994 Mr. and Mrs. Thomas A. Palmer P.O. Box 218 Cutchogue, NY 11935 Re: Appl. No. 4232 - Variance for Lot Area Adjustments Owners: Thomas Palmer and Joan C. Gibbs Dear Mr. and Mrs. Palmer: Enclosed please find a copy of the Board's Findings and Determina- tion rendered at our May 4, 1994 Regular Meeting. Please be sure to return to the Planning Board for further processing of the final approval. For your convenience, we have furnished the Building Department and Planning Board with copies of this determination for their permanent recordkeeping and update. Also, we have transmitted a copy of this file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of a waterway. Once we have received their written response, we will forward a copy to you as agent for the owner. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: (With copies of this determination to:) Town Building Inspectors' Office Suffolk County Department of Planning Southold Town Planning Board 'P'age 3 - Appl. No. 46 • Application of THOMAS PALMER and JOAN GIBBS Decision Rendered May 4, 1994 (d) 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; (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new, location of the division line is for record purposes and is not visible to the lands; (g) the difficulty is related to the uniqueness of the property and is not self-created; (h) the relief requested will be the minimum necessary to afford relief. (i) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Villa, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4174 in the Matter of THOMAS PALMER and JOAN C. GIBBS in this re-adjustment of lot lines for two substandard parcels, shown as Parcel 1 and Parcel 2 on the survey map prepared by Roderick VanTuyl, P.C. dated February 23, 1994. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Wilton and Villa. This resolution was duly adopted. / * * / PIC- GERARD P. GO HRIN ER CHAIRMAN r "ND IL=,D BY _ ~ . ark x c` _0:3 c -A r -i1 •v _y PLANNING BOARD MEMBERS Richard G. Ward, Chairman a __Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. Box 1179 Bennett Orlowski, Jr. e,' Southold, New York 11971 Mark S. McDonald Fax (516) 765,3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Richard G. Ward, Chairman RE: Planning Board comments on actions before the Board of Appeals DATE: May 4, 1994 Following are the Boards comments on actions before your Board: Appl. No. 4232 - Thomas Palmer and Joan Gibbs The Board has no objections to this lot line change as no new lots will be created. Appl. No. 4231 & 4230SE - Alex and Afrodite Boukas The Board has no objection to this proposed site plan as it is the intention of the code to permit this use in this zone by Special Exception. Appl. No. 4203SE - Robert E. Bidwell The Board is in general agreement with the proposed site plan subject to the applicant's satisfaction of details. Appl. No. 4237 Robert Pelligrini The Board has no objection to the proposed kitchen for private use. An amended floor plan should be submitted to this Board for the record file. µ Appl. No 4227 - William Gasser Since the security fence will partly obscure the sign. from public view, the Board has no objections to the variance request. The Board recommends that the sign not be lighted. • 0 o~SUFFO[,~~o PLANNING BOARD MEMBERS Richard G. Ward, Chairman g = Town Hall, 53095 Main Road George Ritchie Latham, Jr. O • ,F P. O. Box 1179 Bennett Mark S. McDonaldr Southold, (51J 971 6) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 'Os Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Richard G. Ward, Chairman D c r D FIE RE: Proposed Lot Line Change for Thomas A. Palmer and Joan C. Gibbs Deep Hole Drive, Mattituck APR 13M SCTM# 1000-123-4-4 & 5 DATE: April 12, 1994 This is in reference to your request for Planning Board comments on the above referenced Lot Line Change. Ordinarily the Board would not be in favor of a lot line change that will result in the creation of two unequal lots. However, due to the unique circumstances, ie. the location of the garage, the Board is in favor of this application. cc: Thomas Fisher, Senior Building Inspector In Charge ~14 C~ SYNDICATED TITLE AGENCY, INC., an agent of Fideltiy National Title Insurance Company of New York, hereby certifies to the Town of SOUTHOLD, County of Suffolk and State of New York, that it has searched the records of the Suffolk County Clerk and/or Suffolk County Registrar for Deeds affecting the captioned property and properties immediately adjoining, and finds: SEE ATTACHED AND the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no further conveyance of any of the foregoing lots, other than as above set forth. SYNDICATED TITLE AGENCY, INC., an agent of Fideltiy National Title Insurance Company of New York certifies that the above captioned property has been in single and separate ownership of JOAN C. GIBB'S, her predecessors in Title since 1956. except as follows: (see attached chains of title). DATED: 4/13/1994 Sworn to before me this SYNDICATED TITLE AGENCY, INC. 14th. day of April, 1994 V-CA Oa d~ By ~NOTARY PUBLIC Lois M. Tiff , Vice President FE, 0 NOTMY sTAh OF NEW YOFX APR 1 51994 "M - NM CIVAAM798 113'M MM OGMMM Is. 103 SUBJECT PREMISES 1000 123.00 04.00 004.000 JAMES A. GILDERSLEEVE DEED SIDNEY H. GILDERSLEEVE DATED: 10/16/1946 DONALD R. GILDERSLEEVE RECORDED: 6/11/1947 to LIBER 2715 cp 492 RUTH G. GRATHWOHL - RUTH GRATHWOHL DEED to DATED: 5/2/1959 CHARLES F. PERNER RECORDED: 5/11/1959 AMELIA F. PERNER, his wife LIBER 4623 cp 378 - CHARLES F. PERNER DEED AMELIA F. PERNER, his wife DATED: 10/7/1975 to RECORDED: 10/17/1975 RICHARD L. GIBBS LIBER 7927 cp 29 JOAN C. GIBBS, his wife - RICHARD L. GIBBS DEED JOAN C. GIBBS, his wife DATED: 6/10/1990 to RECORDED: 8/27/1990 JOAN C. GIBBS LIBER 11126 cp 262 (LAST DEED OF RECORD) Sworn to before me this SYNDICATED TITLE AGENCY, INC. 14th. day of April, 1994 0-4- 00k-,(- By NOTARY PUBLIC L1s M. Tiffany Vice President erF v"" I APR 151994 NOTARY PIIIJf'. STALE OF NEW YONK SIIFFCLK OdNflY • NO.OtVAiGB97pg TERN EWM DECEMM 18,190 3 PREMISES NORTH DEEP HOLE DRIVE PREMISES EAST 1000 123.00 04.00 005.000 CHESTER A. ALBRECHT DEED JOSEPHINE T. ALBRECHT, his wife DATED: 5/11/1950 to RECORDED: 5/12/1950 HAROLD R. REEVE, JR. LIBER 3075 cp 205 MARGARET C. REEVE, his wife HAROLD R. REEVE, JR. DEED MARGARET C. REEVE, his wife DATED: 4/19/1958 to RECORDED: 4/25/1958 LESTER CORNELIUS LIBER 4452 cp 525 JOAN ROEN JOAN ROEN DEED to DATED: 6/27/1959 LESTER CORNELIUS RECORDED: 7/7/1959 LIBER 4653 147 LESTER C. CORNELIUS DEED a/k/a LESTER CORNELIUS DATED: 8/15/1969 to RECORDED: 9/8/1969 RICHARD L. GIBBS LIBER 6618 cp 289 JOAN C. GIBBS, his wife RICHARD L. GIBBS DEED JOAN C. GIBBS, his wife DATED: 1/23/1986 to RECORDED: 3/5/1986 THOMAS A. PALMER LIBER 9990 cp 66 Continued...... PREMISES EAST CONTINUED..... THOMAS A. PALMER DEED to DATED: 6/3/1991 THOMAS A. PALMER RECORDED: 6/6/1991 KAREN PALMER, his wife LIBER 11273 cp 376 (LAST DEED OF RECORD) Sworn to before me this SYNDICATED TITLE AGENCY, 14th. day of April, 1994 (-rtiu c ~~.c,cR U' Ct By - - NOTARY PUBLIC Lois M. Tiffany Vice President NCWU VAL NOTARY =$TATE OF WW YORK ~ 'A4W7W REFERENCE MOST EASTERLY 1000 123.00 04.00 006.000 JAMES A. TORREY died in possession of premises on 6/29/1942. He devises premises to GLADYS DICKERSON, his daughter. Sworn to before me this SYNDICATED TITLE AGENCY, 14th. day of April, 1994 L-Ir'vu cij~ oal-~ By-~S- NOTARY PUBLIC Lois M. Tiffany, Vice President N W IYOIII nw~waMOa~ PREMISES SOUTH DEEP HOLE CREEK PREMISES WEST 1000 123.00 04.00 003.000 HARRY ARENA DEED HELEN ARENA, his wife DATED: 10/14/1950 to RECORDED: 10/18/1950 RUTH G. GRATHWOHL LIBER 3140 cp 158 RUTH G. GRATHWOHL DEED to DATED: 3/5/1962 FRANK H. ROBBINS RECORDED: 3/6/1962 EDITH G. ROBBINS, his wife LIBER 5134 cp 477 EDITH G. GRATHWOHL died a resident of Westchester Co. on 9/20/1966. FRANK H. ROBBINS DEED to DATED: 9/23/1967 ANTHONY R. VILLANO RECORDED: 9/25/1967 ELIZABETH B. VILLANO LIBER 6226 cp 287 ANTHONY R. VILLANO DEED ELIZABETH B. VILLANO, his wife DATED: 6/23/1976 to RECORDED: 10/19/1978 ANTHONY R. VILLANO LIBER 8516 cp 496 ANTHONY R. VILLANO DEED to DATED 9/13/1978 ELAINE VILLANO RECORDED 10/19/1978 JOHN E. VILLANO LIBER 8516 cp 498 Continued..... ELAINE VILLANO DEED JOHN E. VILLANO DATED: 1/13/1987 to RECORDED: 1/14/1987 ELAINE VILLANO LIBER 10220 cp 305 (LAST DEED OF RECORD) Sworn to before me this SYNDICATED TITLE AGENCY, INC. 14th. day of April, 1994 NOTARY PUBLIC ois M. Tiffany, Vice President WN"M ~ 141py 5 i MATCH LINE SEE SEC. NO. 115 M1°, I o° rsT1000SeCrld3&KCIPO/O "o04 h a O. M1` o' 2 ` e 14 °O, M1 TOWN OF 3 3 4 FOOTHOLD .J a°a u• >OLE QR. a 13 q ass' e' 'S bz •0 : z~s . M1 ° 6 us' 9 10 s, 0 1 pal 7 J. 12 1.3A(c) 1.5 s ^ 'e r 1 I ~ O ~.~0 O 2.6A(c) • n ..a, ' 's'oy 4 = F t 28 4~ aq . 4 2.8 AM y~ • M1e (UNDERWATER LAND) / % Ual lov lla• •ao•• t• Q Uel u>1 r0•. M1 M1, : C2 ; e? ` / 0 1~ a• Na w "V . so„ q>.. M1,o r 441- 2691 m 2~ o~ Ica d• ry ol~ see • a° \ i S b o • H W 9Q ! ZQP\° \b c /r0,• 2/r ~y "pry S •O epe ` ra \r 6 T• i \Z Z •si. 22.2 o i. Z o'. q X• • ~C> t. \e rea ar r w \Lr i e o.\ ~e oti \ i . V J as 0.w o` M• Y ° 45 \lb k,6 az 2 r 11 M SEES $EC NO 134 + ati• 't A )w". q/y 'y':..• x ~ g; k ,c ~ ~ at, 9 - ra q y r ar r; fti AGL2E~~E=.: ` ^ t AS A vs L P.O, 60X 215 ~7~!? )GU E, N.Y. l + ~~S --EL. 298 &275-- ,)CAN GiBBS JNt~iYS„E LA_MF- p CT. n CCP% Law ° 8"~ et hk y'duw t~ e~a1W m~ lnotbe 01 "V oG,N foesf `fed ftw*r q shanno me eu&.y Mme as"'st<;;;. Erna es~_nmry`IW en. Gre-- f_ non r LL of rar•!,, y~~Gt~ J~ Rti ~ nF. Na. L$25~26 tisFO LAND SVP _ GocKs _ jV SULKNEAGT_~~ o I ~ PA~ME12 I ou Kr nc T - U t i~ EXls7. 11 90~j SU PTI Ui GIBBS f' RI 'xisr. 21 10 y 21,200 Sr.F'j' P('pp0. 1~.20G W ~Ix •O 'o V n • O > Z PCN. wOCp 16F~~f I -o `I _ u._ a A No c_v n _ a < I m< x0 1 I D+4 1 0 !m) f~ 1 ~ of c Ln N n - I a uo 1 1 y `A2C X1.0 Af2^ 41.p 241^ 33p.0-Pcq,(ic*)a C~/93o 7Q ~J a 7:40 p.m. Appl. No. 4235 - 22,000 sq. ft: arontage (lo[ I BOARD OF APPEALS FALLON AND CYN- Width) of It8 cation of TOWN OF SOUTHOLD IA SUTRYK. This is a re- Propeky:' 940 West Creek i amendment to Special lion No. OF quest for a variance under Ar- 4065 (rendered dered PUBLIC HEARINGS tide III, Section 1e and bas- Avenue, Tax Cutch Map ogue, Parcel No. NY; January 23, 1992, for the pro- J cessing of grapes grown at the ed upon the April 4, 1994 1000.103-13-7. NOTICE IS HEREBY Notice of Disapproval for a premises and sales of grape GIVEN, pursuant to Section permit to construct accessory 9. 8:00 p.m. Appl. No. 4238 - exists to convert a portion of 267 of the Town Law and the building in the front yard area. JON C. KERBS. This is a re- exciting building as a cooking Code of the Town of Location of Property: 3200 facility (kitchen) for private quest for a variance based use Location of Property: Southold, that the following Soundview Avenue, Mat- I upon the April 18, 1994 Notice public hearings will be held by tituck, NY; County Tax Map of Disapproval for a permit to 23005 Main Road, Cutchouge, the SOUTHOLD TOWN Parcel 1000-94-2-5. alter roof line for a height NY; County Tax Map Parcel BOARD OF APPEALS, at above the 18-foot limitation in No. 1000-109-1-8.7. the Southold Town Hall, 5. 7:45 p.m. Appl. No. 4231 - a preexisting accessory. 53095 Main Road, Southold, ALEX AND AFRODITE 14. 8:35 p.m. Appl. No. 4218 New York 11971, on BOUKAS. This is a request building with garage and ren- v _ JOHN STRIPP. (Carryover WEDNESDAY, MAY 4, 1994, for a variance under Article 26034 cal apartment (Pre Article from last hearing calendar.) VII, Section 100-71B issued 8/1/744); Article Variance for front yard set- commencing at the times (2) which ! ILIA, Section 100-30A.4 (ref. specified below: requires a lot area of 40,000 back of new dwelling. Private 100 33). Location of Property: sq. ft. per Special Exception Road, Fishers Island. 440 Riley Avenue (previously 1. 7:30 p.m. Appl. No. 4223 - i use category in the j known as 590 Riley Avenue), 1000-7-2-9' CLAUDE SHER. This is a re- Residential-Office Zone Mattituck, NY; County Tax quest for a variance under Ar- District. The subject premises Map Parcel No. 1000-143-4-10. 15. 8:35 p.m. Appl. No. 4220 ticle XXIII, Section 100-231, is nonconforming containing JOHN STRIPS (Carryover based upon the April 7, 1994 21,051 sq. ft. in area and 97.76'1 10. 8:05 p.m. AppL No. 4226 from last hearing calendar.) Notice of Disapproval from ft. in tot width. Location of I Variance to locate accessory the Building Inspector fora Property: 14695 Main Road, - THOMAS KELLY. (Car- swimming pool with fence building permit to erect fenc- Mattituck, NY; County 'Pax ryover from last hearings enclosure in the front yard. g Map Parcel No. 1000-114-8-5: calendar). Private Road, Fishers Island. ing around a proposed tennis- P court structure which will ex- 11. 8:10 p.m. Appl. No. 4203 1000-7-2-9. ceed the maximum height re- 6.7:45 p.m. Appl. No. 4230SE The Board of Appeals will quirement of the code when j - ALEX AND AFRODITE KIM CAMPBELL. (Third at said time and place hear any located in the front yard. BOUKAS. This is a request and Final Hearing). This is a and all persons or represen- Exception under request for a variance under for a Special the above to heard in Location of Property: 1480 Article VII, Section u Article based upon the the above matters. s. Written Old Woods Path, Southold, It November 30, 1993 Notice of NY; County Tax Map Parcel 100-71B(2) for the proposed comments may also be sub- No. 1000-87-1-21. conversion of an existing Disapproval fora permit to mitted prior to the conclusion single-family dwelling to pro- reconstruct new accesory of the subject hearing. Each 2.7:33 p.m. AppL No. 4236 - fessional office(s) in this building, which replaces an ac- hearing will not start before ELEFTHERIOS PAPPAS Residential-Office Zone cessory building existing prior the times designated above. If contained ber 1993 - and which District. Location of Proper- to September a nonconforming you wish to review the files or quest for a variance under Ar- ty: 14695 Main Road, Mat- need to request more informa- guest cottage use as an ac- ticle XXIII, Section 100-231, tituck, NY; County Tax Map tion, please do not hesitate to based upon the April 19, 1994 cessory to the main residence Parcel No. 1000-114-8-5. call 765-1809 or visit our Notice of Disapproval (up- (see Pre-C.O. No.Z5912 dated office (dated from September 21, 7. 7:52 p.m. Appl. No. 4217 _ 5/15/74). Location of Proper- Dated: April 19, 1994. 1992) for a permit to construct THOMAS PULS and DON- ty: Private Road at East Har- BY ORDER OF cV I boy Fishers Island, NY; C"m- frnce/gateand gate post which NA RICCO. (Carryover from THE SOUTHOLD TOWN `1"l I March 2, 1994 ty Tax Map Parcel No. BOARD 'will exceed four-ft. height re- This is a re- ' 1000-4-4-16. 'quirement when located in the ' guest for a variance under Ar- i I OF APPEALS front yard. Location of Pro- ticle III, Section 100-33 for - GERARD P. GOEHRINGER perry: 68755 C.R. 48, Green- !i Permission to locate swimm- 12.8:15 p.m. AppL No. 4203SE CHAIRMAN - -4 - port, N County Tax Map 59 in8 Pool with fence enclosure - This is a ROBERT E. request for a BIDWELL.Special 4-4BY Linda Kowalski Parcel No o. 1000-33-5-14. in an area other than the re 11 1X4/21/94(80) quired rear yard or required' Exception under Article III, 3. 7:35 p.m. Appl. No. 4232 - front yard. Location of Pro Section 100-31B(13) for ap- THOMAS PALMER and perty: 1350 Eugene's Road, Proval of winery uses in ex. JOAN GIBBS. This is a re- Cutchogue, NY; County Tax isting building and proposed quest for a variance under Ar- Map Parcel No. 1000-97-6-1.2. building. The site plan shows that the property is situated based tide ILIA, Section , 191994 1 8. 7:55 .3, p.m along the south side of C.R. Notice of upon the March ch Disapproval 2 2, for r a a ALEX . AND AppL MARION No. 4- 48, Cutchouge, NY, is zoned lot-line change of two substan- WIPE This is a request for a Agricultural-Conservation, dard parcels, having insuffi- variance under Article III, and is identified on the Suf- dent area and width as exist section 100-33C for permis- folk County Tax Maps as and as proposed. Location of sion to locate an accessory 100-96-4.4.3 containing 15.4± ' acres. Property: 2140 and 2200 Deep garage with a frontyard set- Hole Drive, Mattituck, NY; back at less than the required 13. 8:25 p.m. Appl. No. 4237 County Tax Map Parcels 40 ft. front yard setback. ThiS _ ROBERT PE 1. No. 4237 1000.123-4-4 and 5. parcel is nonconforming with a lot area of approximately. This is a request for an ,,Oc COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, ie Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for week<_ successively, commencing on the . day of ......4 .......1 19 Sworn to before me this t?/....... day of 0 ,19./.7.. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. MOS 40 Qtafi^d is Seiio!i Cou~ty 0 STATE OF NEW YORK) ) SS: /~f~~~~0~U OF SUF'F-~OLK-)/ NOTICE OF <,AL;16x.JS! of Mattituck, In PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, said County, being duly sworn, says that he/she , pursuant to Section 267 of the Town is Principal Clerk of THE SUFFOLK TIMES, a Law and the Code of the Town of Southold, that the following public Weekly Newspaper, published at Mattituck, in hearings will be held by the the Town of Southold, County of Suffolk and SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town State of New York, and that the Notice of which Hall, 53095 Main Road. Southold, the annexed is a printed copy, has been regular- New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the ly published in said Newspaper once each week times specified below: 1. 7:30 p.m. Appl. No. 4223 - for weeks successively, commencing on CLAUDE SHER. This is a request for the day of /1 19~• a variance under Article XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building CHRISMNA VO~~ permit to erect fencing around a pro- ftbW, $Iat~ Of NOW Malt posed tennis-court structure which will No. OpD488~ exceed the maximum height require. QDal1fadInSulia •PrIucip -Clerk ment of the code when located in the ( liatlalaDaf O fmnt yard. Location of Propen, 1480 Old Woods Path. Southold, NY; I County Tax Map Parcel No. 1000-87- 1_21, before nalbitial 2.733 p.m. Appl. No. 4236 - RICCO. (Carryover from March 2, building and Proposed building. The JOHN sTRIPP (Carryover from last ELEFTHERIOS PAPPAS and 19941. This is a request for a variance site plan shows that the property is sit- hearing calendar.) Variance to locate OTHERS. This is a request for a vari- under Article III, Section 100-33 for tuted along the south side of C.R. 48, accessory swimmingpool with fence ante under Article XXIII, Section 100- Permission to locate swimmingpool Cutchogue. NY, is zoned Agricultural- enclosure in the front yard. Private 231, based upon the April 19, 1994 with fence enclosure in an area other Conservation, and is identified on the . 1000-7-2.9. Notice of Disapproval (updated from than the required rear yard or req Road, FishersIsland uired Suffolk County Tax Maps as 1000-96- The Board of Appeals will at said September 21, 1992) for a permit to front yard. Location of property: 1350 4-4.3 containing 15.4t acres. construct fence/gale and gate post Eugene's Road, Cutchogue, NY; T13. 8:25 P.M. A I. No. 4237 - sonstime or and place representati hear any and all per- which will exceed four-ft. height PP ves desiring to County Tax Map Parcel Na. 1000-97- ROBERT PELLIGRINi. This is a ~ heard in the above matters. Written en ' requirement when located in the front 61.2. request: for an amendment to Special comments may also be submitted prior yard. Location of Property: 68755 8. 7:55 p.m. Appl. No. 4234 - Exception No. 4065 (tendered January to the conclusion of the subject hear- C.R. 48, Greenport, NY; County Tax ALEX and MARION WIPF. This is 23, 1992, for the Processing of grapes ing. Each hearing will not start before Map Parcel No. 1000-33.5-14. a request for a variance under Article grown it the premises and sales of the times designated above. If you 3. 7:35 p.m. Appl. No. 4232 = 111, Section 100-33C for permission to THOMAS PALMER and JOAN locate an accessory grape wme), convert a portion of wish to review the files or need to gara GIBBS. This is a request for a vari- frontyard setback at lessg than with a he exilclu: bfor private as a cooking facility -request more information, please do ante under Article IIIA, Section 100- - Prop ri for private use. Location of not hesitate to call 765.1809 or visit 30A.3, based upon the March 2. 1994 parcel a~onft. front y setbk. is : 23005 conform ng with allot Co ch lue• NY; County Tax Map Dated April 19, 1994. Notice of Disapproval for a lot-line - area of approximately 22,000sq.ft. parcel Nb. 1000-109.1.97 change of two substandard parcels, and frontage (lot width) BY ORDER OF THE SOUTHOLD of 118 ft. 14. 8:35 P.m. Appl. No. 4218 - having insufficient arcs and width as Location of Property: 940 West Creek JOHN STRIPP. (Carryover from last TOWN RD RDOFAPPEAIS exist and as proposed. Location of Avenue, Cutchogue. NY; County Tax hearing ialendar.) Variance for front "'GERA P.GOEHRRMAN Property: 2140 and 2200 Deep Hole Map Parcel No. 1000-103-13-7. Drive, yard setback of new dwelling Private CHAIRMAN Mattituck , NY; County Tax 9. 8:00 P.M. Appl. No. 4238 - - Road, Fishers Island. 1000-7-2-9. 7915 ITA2I:By Linda Kowalski Map Parcels 1000-123-" and 5. JON C. KERBS. This is a request for 15. 8:35 4. 7:40 p.m. Appl. No. 4235 - P.m. Appl. No. 4220 a variance based upon the - KIM FALLON and CYNTHIA 1994 Notice of Disapproval fore alperr- SUTRYK. This is a request for a vari- mit to alter roof line for a height above once under Article Ill, Section 100-3j the I8-fool limitation in a preexisting based upon the April 4, 1994 Notice of accessory building with garage and Disapproval for a permit to- construct mal apartment (Pre-C.O. No. 26034 accessory b."!': _ ssued 8/1/74); Article IIIA, Section area. Locaswo *f'P1op'ei p:-7.00 100-30A.4 (ref. 100-33). Location of Soundview Avenue, Maitimck, NY Pmpertyr 440 Riley Avenue(previous• County Tax Map parcel 1000-94.2-5. ly known as 590 Riley Avenue), 5. 7:45 p.m. Appl. No. 4231 - Mattituck• NY; County Tax Map ALEX and AFRODITE BOUKAS. Parcel No. 1000-143-4-10, This is a request for a variance under 10. 8:05 p.m. Appl. No. 4226 - Article VII, Section 100-71 B(2) which - THOMAS KELLY. (Carryover from requires a lot area of 40,000 sq. ft. per last hearings calendar). Special Exception use category in the 11. 8:10 p.m. Appl. No. 4203 - - Residential-Office Zone District. The, KIM CAMPBELL. (Third and Final subject Premises is nonconforming. Hearing). This is a request for a vari. containing 21,051 sq. ft. in area and ante under Article based upon the 97.76 ft. in lot width. Location of November 30, 1993 Notice of Disap- Property: 14695 Main Road, proval for a permit to reconstruct new Mattituck, NY; County Tax Map accessory building, which replaces an Parcel No. 1000.114.9.5, accessory building existing prior to 6.7:45 p.m. Appl. No. 42305E - September 1993 - and which con. ALEX and AFRODITE BOUKAS. tained a nonconforming guest cottage This is a request for 4 Special Excep- use as an accessory to the main msi- tion under Article VII, Section 100- dente (see Pre-C.O. #25912 dated 71 B(2) for the proposed conversion of Sll5n4). Location of Property: Private an existing single-family dwelling to Road at East Harbor, Fishers Island, professional office(s) in this Resi- NY; County Tax Map Parcel No. dential-Office Zone District. Location 1000-4-4-16. of Property: 14695 Main Road. 12. 8:15 p.m. Appl. No. 42035E- hl. ituck, NY; County Tax Map ROBERT E. BIDWELL. This is a p 000-114.8-5. request for a Special Exception under c pl. No. 4217 - Article III, Section 100-31 R(U) for _ d DONNA 4PProval of winery uses in existing APPEALS BOARD MEMBERS S'JFFD(,~ c Gerard P. Goehringer, Chairman 1 L ' Serge Doyen, Jr. r { , ' rC Town hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD April 19, 1994 TO: Applicants RE: Public Hearings - May 4, 1994 Dear Sir or Madam: We are in receipt of. your recent application under the Southold. Town Zoning Ordinance and have forwarded notice for publication this-week to the local 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 14 days. If you have not already staked the proposed new construction, we ask that you please do so immediately. It is requested that one,of the property owners, or if the property owner is not available, then someone- fully familiar with the property, appear at the public. hearing at the time specified in the attached Legal Notice. If your presentation will - be lengthy, a draft or final written copy is always appreciated. You should feel free to submit- additional- documentation to support this application at. any. time before, or during, the public. hearing. If you have any questions, please call our office. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Mailing List for 5/4/94 Hearings Notice: Claude A. Sher 43 Ridge Road Robert T. Bayley, AIA Searington, NY 11507 150 LAKEVIEW Terrace Rudolph H. Bruer, Esq East Marion, NY 11939-0595 . Main Road Southold, NY 11971-1466 Delivered to NEWSPAPERS 4/19/94 Mr. Thomas A. Palmer P. 0. Box 218 Copies of all files in board boxes Cutchogue, NY 11935 and to Chairman 4/19/94. Kim Fallon 55 Harbor View Avenue Copy of legal notice to: Mattituck, NY 11952 Mr. Jon C. Kerbs Town Clerk (for coord.) 440 Riley Avenue Building Dept. Mattituck, NY 11952 Posted on Town Clerk Bulletin Board Mr. Frank Cichanowicz on 4/19/94. Briarcliff Landscape P.O. Box 222 Peconic, NY 11958 Samuels E Steelman Architects 25235 Maine Road Cutchogue; NY 11935 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 Mr. John Thatcher F.I. Nature Conservancy P. 0. Box 132 Green Village, NJ 07935 • APPEALS BOARD MEMBERS o~pg1dFF0J/rea AGerard P. Goehringer, Chairman C Serge Doyen, Jr. c Town Hall, 53095 Main Road James Dinizio, Jr. y t'F P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD, April 8, 1994 S. E. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4232 Project/Applicants: Thomas Palmer/Joan Gibbs County Tax Map No. 1000- 123-4-4 & 5 Location of Project: 2140 Deep Hole Dr., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot line change - Insufficient lot width and area 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, 19901. 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. me • oS~EFOLK~~G • JUDITH T. TERRY = = Town Hall, 53095 Main Road P.O. Box 1179 TOWN CLERK REGISTRAR F VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER yQ Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: April 8, 1994 RE: Zoning Appeal No. 4232 - Thomas A. Palmer Transmitted herewith is Zoning Appeal No. 4232 of THOMAS A. PALMER for a variance. Also included is: Notice of Disapproval from the Building Department, dated March 2, 1994; Notice to Adjacent Property Owners; copies of survey; Short Environmental Assessment Form; ZBA Questionnaire; letter of objection from Joan C. Gills, dated March 15, 1994; and copy of deed. Judith T. Terry Southold Town Clerk 8 SUNNVSIDE LANE WESTPORT, CONNECTICUT 06880-1110 March 15, 1994 Southold Town Board Southold, New York 11971 To Whom It May Concern: I am the owner of the property located at 2140 Deep Hole Drive, Mattituck, New York 11952. This property is in the process of being sold to Thomas Palmer. I have no objection to Mr. Palmer applying for a lot line permit. Cordially Yours, Joan C. Gib s N(o-tarize//d:/ /A Jr>c.L.J TO Gc TGia.c /n.e 7N S Not r i fu"', rq': ~p Qualified ir. b\' .'dii: ar5;3r Count Commission Expirus m / • ~`I ti Aula.,l, 3 x TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUT(H~OLD, N. Y. 1, (We) .........l.U.M.,q.S... .1 A4m..raF.,of ......1:. Name of Appellant r Street and Number 5 S~.TC.~.Q~LJe ,N....I..1.. J.4x• .....................................HEREBY APPEAL TO Mucipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED f.x./x.... 1 55 WHEREBY THE BUILDING INSPECTOR DENIED TO o 1./96Y76R._.........._......_. Name of Applicant for permit of }Q.~JC p! o ~...f ..../9d77Z eQz........n~..~~.9, a Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 64 LoT LINE CNHirge f~ r ~ 1. LOCATION OF THE PROPERTY ...~.I9 ...Dat l?..(ZQ(~.. 401 Street /Hamlet / Use District on Zoning Map District 1000 Section f23Blockoo9LotOO4 Current Owner _prY/l9Sff~frllrll%R Ma No. Lot No. Prior Owner _'y 67J 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.) ArticlejZ7A section/OD-30A3 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 Law Chap. 62 Cons. Laws Art: 16 Sec. 280A Subsection 3 b4 Go% LINE C/~i9N~e 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision 6f.the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that 87- )2SeSGC!?7' THe QO,50 Qee 19bDRess /s OURxulenki?ov,ub Res~a~i?e~" HnlD !s /110-18 iYe /nA~i%ueft !N Nee p o F /YJoRE s i R~Sye roan 2111 (Continue on other side) - ~u REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because W i-rl/ 7 we S=J9zz ?eiop' wTy u Moyc CAeS 7;p X C7-,. ocjT of ~~krYew~y oFT~ mcs oT1/CR l!ngas7" /3c /loYeD LR09V/N5 YCN. O/J s~",PecT vyotiln Be AANgeRous. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate I,/ vicinity of this property and in this use district because DvE- T LOCAjoN 0" T/7C &W'C fl/UD L.9~?GE 7-9ee.t. Hccess i ReAR y091eo u,17-/-/ i9 TiQucX ole Soiq-T IT /v o T )0oss1/3L~e.J' uji7'f/ H. L,7 ClIVZ Chi,, e 13. r` flous~S yTao Sa yvoa/9v DeePfloLe ~/P /t9~TTJTuG~~cul~/ /y~9Ue This fCeess,. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because m05T .>3U~T- No7' AZ( of 7-1* /2ARIeiTs /00)/C l9/~~e~e A/y/oL,vTS o Sq rOPTf} C. T/~J f/CLoc.js Tf/e 1Ou/,UC21 Rio SY E /3oi97 ~ort T Ti9/LPrc'S /PVeTc . Sorr/F. cU/~i~T ou T o f Sig hI7. whew ND 7 ii? o rue. STATE OF NEW YORK ss COUNTY OF 5gr(CLK ) Signature q Sworn to this ..............2. day of............./ 197r . Notary Public JOYCE M. WILKINS Notary Public. State of NowYork. No. Term9ExPues June 12, r9s=Y BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of OTICE to the Board of Appeal-, of the Town of Southold TO ADJACENT TO: ,91nlE Y LC.A nip PROPERTY OWNER a080 UtP 14ole- DR rnATT? J uc, K A/~ 11.gSd. YOU ARE HEREBY GIVEN NOTICE: 1. ThaLALJ& a intention of the undersigned to petition the Board of Appeals to request aVarianc (Special Exception) (Special Permit of the Town of Southold (Other) [Circle choice] 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: 3~That he property which is the subject of such Petition is located in the following zoning district. 4 That by such Petition, the undersigned will request the following relief: Fl 5. That the provisions f the Southold Town Zonin Cod a licable to the relief sought by the under. signed are Article Section 1Qn_ n ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. - 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. - 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 nd be and at such hearing. Dated: . _TN~rnt~ s A +~A i,y7~R Petitioner Owners'Names: Post Office Addr ss Po C~nY alto C 3 s Te l jU wAN p o. o?gjO~7S [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 693 359 519 Receipt for Certified Mail No Insurance Coverage Provide A Do not use for International Mail ISee Reverse) / Se ~~HN9 S V No e ~C DK PM #t Z111 Postage Certified Fee C A Special Delivery Fee Restricted Delivery Fee on Return Racing to Who. L p U Return Ar i Date, s 2 TOTA is 0 & Fee 0 0 Postm or ate E USA E 0 LL N n STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) P A NG c R av,~-a De~~be OP /H /Vl residing being dully sworn, deposes and says that on the _aa_S-day 19 deponent mailed a true copy of the Notice set forth on t he re of • of the above-named persons at the addresses set opposite their respective , directed to each verse side hereof names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on wwere e mail led the United Stater sons bOf the current assessment roll of the Town of Southold; that said (hat said Notices Notices 2y z: face at r- (certified (registered) ill. P r)4 4 Sworn to before me this r25 day f ~Vl aT 19 ` Notary Public JOYCE M. WILKINS Notary Public, State of NewYork No' 4952246, Suffolk Count Term Expires June 12,19 q (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE to the Board of A TO Pveals of the Town of Southold ADJACENT TO: GLADt~T D~C?<~RSOn1 PROPERTY OWNER MATT [TLC K /Vk6 (DEEPI-)OI-r- YOU ARE HEREBY GIVEN NOTICE: 1. Tha intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice) 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That he property which is the subject of such Petition is located in the following zoning district: a That by such Petition, the undersigned will request the following relief: Lf~/ C N~livc~e 5. That the provisions o the Southold Town Joni God a licable to the relief sought by the under- signed are Article Section 1()(}-7 d, [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 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)nd be /heard at such hearing. Dated: Petitioner Owners'Names:~AS,~~A R PciOffice Addrg s of 1 C'. Tel. No. a7~- [copy of sketch or plan showing proposal to be attached for convenience purposes.] r PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 693 359 507 Receipt for Certified Mail No Insurance Coverage Provided a.rtpemn, Do not use for international Mail YL a u.. a (See Reverse) Street aPtl No. P.O., State antl ZIP e / Postage - Certified Fee G. p Special Delivery Fee Restricted Delivery Fee mmm 9 Return Receipt Showi to Whom b Dot L U Return Race' Date, and e _ TOTAL C & Fees Postmar e M _ 0 LL N a STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) n nJ, nn / residing at b Aa being duly sworn, deposes and says that on the -')S- day of M,+r c 14- 1 , 19 OL~ 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 a sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at C ~ckC n u ;that said Notices we mailed to each of i sons by (certified) (registered) matt /ii~~ Sworn to before me thi41, ~ day If ar 19 Notary Public JOYCE M. MKINS . Note,r Public, State of New York No. 4952246, Suffolk County Term Evkn June 12,14 (This side does not have to be completed on form transmitted to adjoining property owners.) • FORM NO.3 • TOIVN OF SOUTHOLD MAR - 41994 BUILDING DEPARTMENT TOtiVN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ....March 2 . 19 . 94 To Thomas A. Palmer a/c JOAN C. GIBBS P.O. Boa 218 Cutchogue, New York 11935 PLEASE TAKE NOTICE that your application dated , , • February 22, 94 ................19...... for permit to LOT LINE CHANGE ......................................................at Location of Property 2140 DEEP HOLE DRIVE NATTITUCK,.NEW YORK House No. ....i Street. let County Tax Map No. 1000 Section . , • • • • Block cL Lot yl S . Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . INSUFFICIENT LOT WIDTH AND AREA - ARTICLE IIIA SECTION 100-20 A.3 160--3 ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. B ..1/13ing Inspector ary J. Fish RV 1/80 1a 168 121871-Teat 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR 2. PROJECT NAME s P L 7. PROJECT LOCATION: _ Municipality 4a-_Lr )c County ~ L. a. PRECISE LOCATION (Street address and road intersections, prominent I,anndmarks, ttc...or p?vide my 01350) a 14o Deer' c)tc DR M19T ! jT ) 5. 1S PROPOSED ACTION: ~~((11 ? New ? Expansion CKModificatlonhlterstion 8. DESCRIBE PROJECT BRIEFLY: LoT LINO CNAlvge 7. AMOUNT OF LyAf~D AFFECTED: Initially / 17 acres Ultimately J 4 acres 8. WALVPROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I/JNa'O_a ? No If No, describe briefly 1, IS PRESENT LAND USE IN VICINITY OF PROJECT? - VXATRealdentlal ? Industrial ? Commercial ? Agriculture ? PafkWofestfOpen space ? Other pescrioe: Siiv_Z5(e FJJ9nVl J L y M u ry)IZ5 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE yO~~R LOCAU? p~see ? No If yes, list agency(s) and permitiapprovals 13u i L b, NS Dc P I 11. DOES ANY ASPECT OF THE ArrvN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes 12'%' It ye]. dst agency name and permitiapproval 12. AS A RESULT F PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ?Yes No 1 CERTIFY THAT THE INFORMATION PRROO~VIIDEDDE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ( . ~Date: _ Signature: ~I / b M J i • 69 6 m / t If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) of Environmental environmeOntal1 reviews will uerna deres submission before any action is taken. SHORT 6NVIP.ONMENTAL ASSESSMENT FORA INSTRUCTIONS- (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 likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (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 :2. Will there be a major change to any unique or _LINO 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 NoYes 5. Will project significantly effect drainage flow / / N. on adjacent sites? / 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 _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 paleontological importance or any site designated as a critical , / environmental area by a local agency? _Yes No 10. Will project have a major effect on existing or future recreational opportunities? _Yes - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _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 _No 13. Will project have any impact on public health or safety? _Yes I No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent overa one-year _Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public ntroversy conc n' g the - project? Yes No Preparer's Signature: Representing: Date: 2BA 4/'75 J r .1 - • QUEST--ONNAIRE FCR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate marxet for - sal or being shown to prospective buyers? { } Yes Z;4 No. (If Yes, please attach copy of "conditicas" of sale.) C. Are there an7 proposals to change ar alter land contcu { } Yes (X No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaaed between the wetlands area and the upland building area? /Vo _ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed con truction at or below five feet above mean sea level? (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 aze submitting? If none exist, please state "none." _jhdac A10M - G. Do you have any construction taking place at this time concerning your premises? Ah) If yes, please submit.a copy your building permit and map as approved by the Building Department- If none, please state. H. Do you or any co-owner also own other land close to this parcel? !~PS' If yes, please explain where or submit copies of deeds. 03' 4- ~ I. Please list present use or operations conducted at this parcel $riya FFI/H i~ 14 614 CAME -M and proposed use nutnori..ed Signature and Date 3/87, 10/901k § 97-13 W 1~~~Dfl § 97-13 TOWN - The Town oft 96mttioidl TRUSTEES - The 3>}aQal cm TIu=Wm d tlihe Town of Southold. [Added 65ttzkyfl y`Lo•Bi:lJBtQj ZVEZ1tiDS [ ~mendxl!33211+73 dSVIL 1.e`n~,3 IL~T6: 3-25- 85 by i L Na 6-19851: A. ilDAL WETL:AMM, (1) All lands gemredlk,,cavweetior•iinuumictently cov- ered with, or vlfi¢i#IbWrU6ruRJ EtdialwameaL or lands lying beneath ttd811watem.v*tibhI=nrM= low tide are covered b- ti&kJIw®aeeasttoaan=%izrumn depth of five (5) feet. ihetitdini, burr rxv,, llimraedl nm banks. bogs, salt mawL,swamzps,meaaimve;,M= or ocher low lying lan~sttif,ecento;tdta ~cfimt: (2) All banks, btu, meeaibowz, ITh= nd ttidal marsh subject to sucflttitbsattdluMn«wi xhzmws or may grow some orUtyictitttfe~foilbwiing s;tihay, black grass, saltwom,seat l3,i+ndhrt,ttallo ass, high bush, cattails gtomnIHA,zMrdh zdflum and low march corag=%s-~ (3) All land imrredi~jyatij;~tuto$cti$uitzcetiand as defined in SdImmzic=AM):ardlllying,,vhin seven- ty-five (75) fiett Ifin'bTUrdl cif tftm mum landward edge of such addit 4vattlazd) B. FRESHWATER PRd!11ZtA1NTM; (1) "Freshwater ,tltittdk? as3dbffh~tliin llrtizle 24. Ti- tle 1, § 2f-010'hSvitOthvisbotssij(d)tiD'y(dl) inclusive, of the Enviromrmntdia& tssenvniimtp;mwrof the State of New York:andl (2) All land immcilittc~t~a~lja~carttttuu'!Etrshuater wet- land," as definefli inS`ititsss iizn;~pp) aTtd!t~;ing with- in seven ty-fivo(M)ffer-t!hudtwndtodf the Imst land- ward edge of a"ffeatiI mI4 r,n,%mgthttdi:' - . F - SSi18i z- zs.as r 27588 Slnndnrd N.Y. n.T.U. Fonn 80#3 201,1-Ilerpuin and Nnl,II- d, 1131E Cov,aunrt npni n~ntu is Aat Individual or Corporation. (ningln abort )I "f CONSULT YOUR LAWYER BEFORE SIGNINZII IS INSTRUMENT-THIS !NSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1y\n1 1 _ (J~(~ ASE (v~~ Tu 713/5 U YRE, made the ~3re~ day of JMiiuary nineteen hundred and eighty-six - BETWEEN Richard L. Gibbs and Joan C. Gibbs, his wife, residing at 8 Sunnyside Lane, Westport, Connecticut 06880 party of the first part, and Thomas A. Palmer residing at 475 East Drive, Copiague, New York 11726 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, t ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Rider Attached $ i /1 TE, MAR 5 1986 TRANSFER T S11FF _9 AX 3 o COUNTY 11 1'\X NIAP IP ~1(;K%'I 10N X11. 1000 'fOGh;fl II?R with all right, title and interest, if any, of the party of the first part ill and to any streets and roads abutting the above described premises to the center lines thereof; TOGETI IER with the appurtenances 123,00 and all the estate and rights of the party of the first part in and to said premises; TO HAVE. AND TO I [OLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Itlt 04 .00 the party of the second part forever. I,.,i,l 005-0Op 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 encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sarne for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, / IN PRESENCE OF: Richar L. Gj.bs ce" ' Joan C. Gibbs LICLR 9990 PAGE 67 STATE OF NEW YORK, COUNTY OF NL ~ORK ss: STATE OF NEW YORK& NTV OF Nt-L~Y~ is: On the 23 day of January 1986 , before me On the ~S day of January 1986 , before me personally came Richard L. Gibbs nN9 personally came Joan C. Gibbs to me known to be the individ tal described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that e~ executed the same. executed the same. JOHN E. t%ULY. .Y JJft;l c. : !;2^I-IY Notary m Yerk No+ar, 1'x'0.. '.v York Qui,M".l i 1; r: cornty Cer+ e I"d i (F C. vnty Ce + f ` it C; uvaty Commissi mi E.r: F. i`9"J Can .,rc,r 301 1997 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF Ss: On the clay of 19 before nie On the clay of 19 before me personally came personally came to me known, who, being by me duly sworn, (lid depose and the subscribing witness to the foregoing instrument, Tvith say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that be is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. /c)o G j6argaut anb *ale Illeeb SECTION WI III COVENANT AGAINST GRANICA's Avis TITLE No. BLOCK LOT J~ RICHARD L. GIBBS and COUNTY OR TOWN S{/~d JOAN C. GI$$S TAX MILLING ADDRESS TO THOMAS A. PALMER Recorded At Request of The Title Guaranlee Company RETURN BY MALL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Harry S. Cohen, Esq. DirrribN,ed by Richard Hartman Law Office ffl) TITLE GUARANTEE- 252-00 Horace Harding Expwy. NEWYORK Little Neck, New York Zip No. l 13 6 2 ATICOR TITLE INSURANCE COMPANY INTP A r. n n r•T , n Tn A r`T n(~ 252-00 HnR!`.CI= 1' V, LITTLE NECK. 113G2 LT!dj 428-6622 V O l7 Z O K uO y K 0O W N 7 Z V t N N j\f W 1 ( P~. S L2. ar • • ray fr IJ PACE 6$ /RIDER t ALL that certain plot, piece or parcel of land with the buildings and improverents thereon erected, situate, lying and being at Mattituck in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of Deep Hole Drive, distant 576.00 feet southeasterly from the southeasterly side of Richard Street, as the same is prolonged: THENCE southeasterly along the southwesterly side of Deep Hole Drive along the arc of a curve having a radius of 330.00 feet, a distance of 41.0 feet; THENCE south 29 degrees 37 minutes 30 seconds west 200.00 feet to the w6od retaining wall (220 feet, more or less, to the High Water Line); THENCE northwesterly along the High Water Line 75 feet, mDre or less; THENCE north 38 degrees 53 minutes east 205 feet from the retaining wall (225 feet, nore or less, from High Water Line) to the southwesterly side of Deep Hole Drive, the point or place of BEGINNING. TOGETHER with all the right, title and interest of the mortgagee, in and to waters and the land under water of Deep Hole Creek lying in front of and adjoining the above described premises. Said premises being improved by a single family re- sidence known as 2200 Deep Hole Drive, Mattituck, New York. 000 ~i t Standud N.Y.B.T.U. Front 8007. 3-7~-7QM-Bargain and Sale Deed, with Covenant aaainu Gnntw i Acta-Individual an Cotpotation (Sin`h that) l~V CONSULTYOW LAtA+YSR n60 6 TMB INSTRYNIENT-THIS INiT IILp BE USED BY LAWYERS ONLY. ? i e WOW PAGE 29 1r~ C:1 THIS INDENTUqM made the 7th day of October nineteen hundred and seventy-five C OETWEEN CHARLES F. PERNER and AMELIA F. PERNER, his wife, residing at P 2000 Deep Role rive, a uc , New York 111)>ies part' of the first part, and RICHARD L. GIBBS and JOAN C. GIBBS, his wife, residing at 8 Sunnydide Lane, Westport, Connecticut , party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or ~yaarrccdel of land, with the buildings and improvements thereon erected, situatep lying andbeing7ln[7lsE at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described.as follows: Y BEGINNING at a point on the southwesterly side of-Deep Hole Drive at the northeast corner of premises herein described and at the north- east corner of land formerly of Josephine Huttenlocker and which point of beginning is distant 2114 feet, more or less, southerly from the corner formed by the intersection of the westerly side of Deep Hole Drive with thanpo ~~s~ of New Suffolk Avenue as measured along the westerlH§*e o~ ~eep M 9 Drive as the same curves; running thence southeaster y along the southwesterly side of Deep Hole Drive on the arc of a ctaTe bearing to the left having a radius of 330 feet, a distance of 82 feet, to a monument and land of Chester Albrecht; thence along said land of Albrecht, South 38° 53' 00" West, 211.75 feet, more or less to Deep Hole Creek; thence along said Creek measured on the tie line Norte 53° 39' 50" West, 129.16 feet to land formerly of Joseph Hutten- locker; thence along said last mentioned land, North 50° 50' 40" East and through a monument 229.56 feet to the southwesterly side of Deep Hole Drive at the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of tue first part of, in and to waters and the land under the waters of Deep Hole Creek lying in front of and adjoining the said premises. BEING AND INTENDED TO BE the same premises as that conveyed to the parties of the first part by deed dated May 2, 1959, recorded in the Suffolk County Clerk's Office on May 11, 1959 in Liber 4623 page 378. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the fast part has duly executed this deed the day and year first above written. IN raassrt oe: 01, 7y~~rzi'w-tr ern r at- erner 736Fe. ,11273K376 T 691 alun,lnrd N H.T.U. t'nrm 800' in Y UIe &NI. • JUlIV4 BL!!MB[RO. INC.. LAW BLANK PUeL,S XEnS vah,,.omnI,11.11 IaM1011 "r nN enT.' nnrle.heel CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE; made the 3(-D day of June nineteen hundred and ninety-one \U BETWEEN Thomas A. Palmer residing at 2050 Deep Hole Dr., V~'\ Mattituck, New York 11952 2'zl party of the first part, and Thomas A. Palmer and Karen Palmer, his wife, residing at 2050 Deep Hole Dr., Mattituck, New York 11952 party of the second part, rt t that the party of the first part, in consideration of Ten Dollars and other valuable eonsideratio WITNESSET paid by the pay of the second part, does hereby grant mud release unto the party of the second part, the hei, 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, situai' lying and being iK;Ilx at Mattituck in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of Deep Hole Drive, distant 576.00 feet southeasterly from the southeasterly side of Richard Street, as same is prolonged: THENCE southeasterly along the southwesterly side of Deep Hole Drive along the arc of a curve having a radius of 330.00 feet, a distance of 41.0 feet; THENCE south 29 degrees 37 minutes 30 seconds west 200.00 feet to the wood retaining wall (220 feet, more or less, to the High Water Line); THENCE northwesterly along the High Water Line 75 feet, more or less. S THENCE north 38 degrees 53 minutes east 205 feet from the retaining wall (225 feet, more or less, from the High Water Line) to the southwesterly side of Deep Hole Drive, the oin' or place of BEGINNING. RECEI FD $ i. ~S/ REAL ESTATE -Pr film 6 1y91 TAX -MAP DESIGNATION TRAN.M.R IAX SUFFOLK DIST. 1000 COUfJIY SEC. 123- TOGETHER with all right, title and interest, if any. of the party of the first part in and to any streets roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenan' and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOI V BLK. 04, the premises herein granted unto the party of the seemed part the heirs or successors and assigns of the party the second part forever. LOT: 005 AND the party of the first part covenants that the party of the first part has not (]one or suffered anything when the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the I part will receive the consideration for this conveyance and will hold the right to receive such consideration a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first R the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word "party" $hall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first at r~ written. 1 IN PRF.SF.NCF. 11F: tr Thomas A. Palmer 11Z73N377 ^11 STATE OF PAW YORK, COUNTY OF L' -t- ss: STATE OF NEW YORK~UNTY OF ss= On the 3 day of June 1991 , before me On the day of 19 before me personally came Thomas A. Palmer personally came to me known to be the individual described in and who to me known to be the individual described in and who exp,ccuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that -f-_ executed the same. executed the same. ANNACELLE RICH NOTA II Pit: ND. ..:7,;•x, n •h New Yo,A .;036 Q..,....... v . c...,~H Cwnmis shoo _247- STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY Of 11161 On the day of 19 , before me On the day of 19 , before me personally came personally came to nhe known, who, beingg by me duly sworn, did depose and the subscribing witness to the foregoing. instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, wait present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name aS witness thereto. Nargain anb *41t ]Dccb SECTION WITa COVENANT AGAINST CRANTOR's ACTS BLOCK LE No. L,OT COUNTY OR TOWN Thomas A. Palmer TO RETURN BY MAIL TO: Thomas A. Palmer and Karen Palmer, his wife =ThomasAA.1935 S ' .1661 9 rlnr 4 O A V ' >4 a ` g~EFOLK~, D~ o Southold Town Board of Appeals MAIN ROAD STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 785-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3871 Matter of RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4., (Article III, Section 100-33) as disapproved, for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, county Tax Map No. 1000, Section 123, Block 4, Lot 4. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of RICHARD AND JOAN GIBBS under Appeal No. 3871; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the 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. The premises in question is located along the south of Deep Hole Drive, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 15, Block 1. Lot 3. r 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4, (Article III, Section 100-33), for permission to construct an accessory shed in front yard area. Page 2 - Appl. No. 3871 Matter of RICHARD AND JOAN GIBBS Decision rendered November 8, 1989 3. Article III A, Section 100-30 A.4, Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-Conservation District. Article III, Section 100-33, In the Agricultural-Conservation District and Low Density Residential R-80, R-12U, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed accessory shed in any other location on the premises will require other variance relief; (c) that the area chosen for the accessory shed is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was c Page 3 - Appl. No. 3871 Matter of RICHARD AND JOAN GIBBS. Decision Rendered on November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of RICHARD AND JOAN GIBBS as applied under Appeal No. 3871 for placement of a 16' by 20' Accessory Shed, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Storage Shed not be any closer than 42 feet from Deep Hole Drive. 2. That the Storage Shed not be any closer than 25 feet from the east property line. 3. That the Storage Shed not exceed 16' by 20' in size and only be used for storage purposes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio, (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN 'i 5K.E~ SK.ETGH PAP `JF PROPOSE DROPOSED LINE- CWANGE PR€PA(ZED EPA(Z:ED FQ2 THOMAS A S A. 1' AL M E 2 AN AND I JOAN N C'. 01BBS A MAT71 MAT7[TUcrc 5 s ToW N of sou d of sourl40LD, N,Y. ro ~ Q a e^r f N~ N m Ul .pQCP'FJL2. try _ V 1 ~ m N O Rf0 ".O / 1 ` ~ f3•~©ifZ~l` ~iCJ~: 03 St 24_ cc r ! TV-VM~s A. Pn 05 A. 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