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HomeMy WebLinkAbout4287 fib, r i`cq_lL ,hoc !t ~cutidJ, y_ . tl97r r57r v ~~g~fFOLK~oG APPEALS BOARD MEMBERS y` o Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 71 James A. Villa - Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4287. APPLICANT: North Fork Beach Condo. LOCATION OF PROPERTY: 52352 C.R. 48, Southold, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 135.1, BLOCK 1, LOT 43. BASIS OF APPEAL: Notice of Disapproval issued bV the Building Inspector 11/1/94. "Accessory swimmingpool is required to be in the rear yard." PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Accessory swimming pool structure in a front yard area as shown on map dated July 1994, prepared by James B. Behrendt, L.S. Pool location was mitigated as a greater setback, shown at 18 feet from Sound View Avenue (instead of 11 feet). MOTION MADE BY: Richard Wilton SECONDED BY: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved location of accessory swimming pool structure as shown on July 1994 drawing of James B ~i Behrendt, L.S., provided: (1) size of pool not to exceed 18' x 241;. 0 (2) deck and patio areas shall be at ground level, as requested (3) setback not less than 18' to the northerly property line as applied; (4) Lighting, if any, must be shielded down toward the property to prevent glare onto adjoining areas. REASONS/ FINDINGS: Swimming pool is proposed to be in-ground and is not proposed to be in a fully enclosed building. Placement of a swimmingpool structure is not an expansion of the principal use as a motel and does not create a need for additional parking under code regulations. The property has four front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. No other alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN P._'?CEIVED AND PILED BY THE SOUTHOLD TOWN CLERK DATE ~aba5 HOUR o9 :'t-6 Town Clerk, Town of Southold ~SpfFOlKC~G APPEALS BOARD MEMBERS ZISSO Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. ~p ® P.O. Box 1179 71 James A. Villa s Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS 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, JANUARY 4, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI. Request for a Variance under Article III, Section 100-30A(l) for approval of the location of an accessory swimmingpool, above ground as built, in a yard area other than the required rear yard, at premises known as 5655 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-14. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to existing building which will have an insufficient front yard setback. Page 2 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 Location of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40 p.m. Appl. No. 4290 - WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property: 9945 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-142-1-27. F4, 7:45 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUMS. (Carryover from December 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southold, NY; 1000-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). (Carryover from December 7, 1994). Request for Special Exception to establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9.6. Page 3 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 6. 8:00 P.M. Appl. No. 4293 - EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. 7. 8:05 p.m. Appl. No. 4292 - JAY AND MARY THOMSON. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 p.m. Appl. No. 4291. JAMES M. and ELAINE O'KEEFE Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. Page 4 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 9-11. 8-15 p.m. Application for Variances requested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of a accessory tower structure which is required to be located in a rear yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; (11) Appl. No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in .this Hamlet-Business Zone District. Page 5 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 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 any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: December 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x NOV 02 '94 03:27PM SOUTI-(CAD TOWY MALL 516 765 1E23 P.1 FORK NO. 3 TOWN OF SOOIEOLD WILDING DEPARTMENT SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL 's NOVSI13ER 1 1994 .L To Jahn OwCalla~han •125 Lighthouse Road Southold, New York 11971 PLEASE TAKE NOTICE that your application dated ATM4.19..... 19, At.. for permit to INSTALL AN INGROUND SWIMING POOL at Location of Property _.52325_CQUNTY ROAD.148........ SOUIHOLD~. 1 Y,QRL+s.... Ecuse No. Street Hamlet County Tas Map No. 1000 Section .,,135:1 SLOG 1 Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds AN ACCESSORY POOL IS REQUIRED TO BE IN THE REAR YARD ARTICLE III CWT. 33 ACTION REQUIRED BY THE ZONING BOARD OF APPEALS., - G J. F I DING INSPECTOR Post-1C` bmnd taxttansmittal memo 7b71 # Of Pig"' is t FM ° OGpt PIIOne9 ~ - P~,SD 94-233 r R E G E I V E Q NOV 18 Southold town Dark TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y- ~}Dnrne 1, (We) NORTH FORK,.) F M..C',()aQ TLNLU~[5:....of 52352 COUNTY ROAD 48 p A cy~ ~dT11 i>? Name of Appellant Strect pnd Number SOUTHOLD NEW Y0~_..._...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION-4 OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED OCTOBER 19, 1994 WHEREBY THE BUILDING INSPECTOR DENIED TO JOHN CALLAHAN . Name of Applicant for permit of 125 LIGHTHOUSE ROAD SOUTHOLD. NEW YORK 11971 _ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) COSTRUCT AN ACCESSORY INGROUND SWIMMING POOL 1. LOCATION OF THE PROPERTY SWC, SOUNDVIj AVENUE AND NORTH ROAD Street /Hamlet / Use District on Zoning Map .District 1000 SectiO14 QlBlock 011-otlto4 t_._ urrent owner NORTH FORK BEACH CONDOMINIUMS Map No. 119 LGUMNMON AREA Prior Owner NORTH FORK BEACH CONDOMINIUMS 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- . 'section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III CHAPTER 33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) 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 •b. 'PREVIOUS APPEAL A previous appeal (mss) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that NOL 16 ~!\0 f 6S~~ ' , y~ k F ~L))-,Y Form ZBI (Continue on other side) BBSO 94-233 REASON FOR APPEAL Cqntinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unn'e~ces nary HARDSSTRUHIP AND BELOWEGRADERSANITARYDSYSTEMS~ THE LOCATION OF TVE'~PRJOPO8E15 INGROUND POOL IS THE MOST PRACTICAL WITH RESPECT TO THE EXISITING SITE. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. 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QJ n ~ N + ~ a rr t qy 4, ~ .O E ~w1J' • A eeY / ~ U ALMA' \ l.: 4.. pApµ µo 04 ' .fiyy .d`:'l'T,~U ST~p ^Sp„PbS fff ~ ~ ~ / ~ pµ1µ0 c p Y ~,.ar9 Ul ~ v SpHP~T 'Sfr CFSY C m Bn 0 GO~IN 2232 lA W will a~~: a PTH .?ice pJ (Y / n PP. OF N fl~OP'~' 0 1,,06 N ovs 1A N eO I((Ippyy r ~QC V) Y 3 V .t~ }y. cv 4 CF U W~ 01 Q:Q Z P/ ~~gUFFO(,~:c APPEALS BOARD MEMBERS h~0 ~Gy y Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. Gy zt- P.O. Box 1179 James Dinizio, Jr. '~Ol .10~ Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 15, 1995 North Fork Beach Condos c/o Mr. John Callahan 125 Lighthouse Road Southold, NY 11971 Re: Appeal No. 4287 - Swimmingpool Dear Mr. Callahan: Someone stopped by today to pick up the condominium prospectus plan on file with our office, and the prospectus was not in the office. We have located it for you, and you may pick it up at any time. Very truly yours, Linda Kowalski l y- c~ X•` • COUNTY OF SUFFOLK 0 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING January 30, 1995 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) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Anplicant(s) Municipal File Number(s) Aorth Fork Beach Condominiums 4287 Warex Terminal Corp. 4290 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. B x 6100 • HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 653-5192 FAX (516) 853-4044 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING January 30, 1995 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) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File M11 r(cl North Fork Beach Condominiums 4287 Warex Terminal Corp. 4290 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G Newman Chief Planner GGN:mb 15161 653.5192 220 RABRO DRIVE III P.O. BO% 6100 111 HAUPPAUGE. LONG ISLAND. NY 1 1786.0099 ¦ FAX (516) 653.4064 ay APPEALS BOARD MEMBERS y~~OSUFfULK~,O Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. - P.O. Box 1179 71 .James A. Villa Jr. ip Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk county Aaninistrative Code, The Board of APPeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X_ Variance from the Zoning Code, Article III Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4287 Applicant: North Fork Condo. Location of Affected Land: 52352 C.R. 48, Southold, NY County Tax Map Item No.: 1000- 135.1-1-43 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) kX- 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.to lorate an accessory swimmingpool in a front yard area. Copies of Town file and related documents enclosed for your review. Dated: January 24, 1995 s February 6, 1995 Mr. John Callahan, Manager North Fork Beach Condos 125 Lighthouse Road Southold, NY 11971 Re: Appl. No. 4287 - Variance for Swimming Pool Location Dear Mr. Callahan: Please find enclosed a copy of the determination, as corrected showing approval for an 18' x 34' swimming pool (rather than an 18' x 24' pool). A copy of this determination has been furnished to the Southold Town Building Department pertaining to your original building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your building permit application request is returned to their processing rack before commencing any construction activity. Also, you may know, this project is located within 500 feet of a State Road. We have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department COUNTY OF SUFFOLK ';I AT[ OF NFW YORK ss: Ti n kelly, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for v weeks successively, commencing on the ....T day of a1...--4 Sworn to here,, me this.........: ..day of j:5:` .......................19. Fr Notary Public BARBARA A. SCHNEIDER NOTARY MIMIC, State of New York tlo. 4806846 NOTICE OF PUBLIC HEARINGS 9-11. 8:15 p.m. Application for Variances requested by NOTICE IS HEREBY 5. 7:50 p.m. AppI. No. WILLIAM F. GASSER con- GIVEN, pursuant to Section 4286- JOEL AND MARGA- ceminghispropertyknownand 267 of the Town Law and the RET LAUBER (COREY referred to as the American Code of foe Town Southold, CREEK VINEYARDS). Armored ne and Museum, 640 that at the the following public public hear-- (Carryover from December 7, Love Lane and the south side ings will be. held by the 1994). Request for Special Ex- of County Route 48,Mattituck Southold Town Board of Alt- ception to establish winery Use NY, County Tax Map Parcel coals at the Southold Town for the sale of wine produced No. 1000.1404-16 located in Hell, 53095 Main Road, from grapes grown on the ex- the Hamlet Business Zone Dis- isting Vineyard where the prop. Southold, New York 11971, on posed Winery is to be located. trict, which requests. are noted WEDNESDAY. JANUARY Location of Property: Consist- as follows: g, 1995- commencing at the ing of a minimum of ten (10) 9; Appl. No, 4260- Request times specifloo below: acres of land referred to as for Variance under Article Df, 1: 7:30 p.m. Appl. No. 45470 Main Road, Southold, Section 100.91C(1) based upon 42$8,'fJACK, AND CHRIS NY; County Tax Map No. the July 12, 1994 Notice of GISMONDI. Request for a 1000-75-6-9.7 and 9.6. Disapproval issued by the Veriartce underA3ticledll, Sec 6.. 8:00 p.m. Appl. No. Building Inspector for the thin 100-30A(1) for approval of 4293- EDWARD 1. placement of accessory tower the location of an accessory MUNSON. Request fora Vari- structure which is required to swimming pool, above ground ante under Article I I IA, Sec- be located in a rear yard with a as built, in a yard area other tion 100.30A.3 based upon the tan h the required rear yard, at setback as e fro TOO- am 7, 1994 Notice 33E(2) five from the premises known es 56551ndian Disapproval issued by the e property line; feet line; - •.Neck. Road, Peconie, NY; Building Inspector for Perm. a- 10. AppI. No. 4261-Request County Tax Map Parcel No. sion to construct addition to for Variance under Article 1000-86-6-14. (Setback from dwelling which will have an in- XXIII, Section 100-231A property lines, when located in sufficient sideyard setback at based upon the July 12, 1994 a yard area other than a rear less than: the required 15 feet, Notice of Disapproval for the yard, shall be determined by the and total side yards at less than height of the fence which ex- Board of Appeals.) the required 25 feet. Location cess the required height limi-- 2.7:35p.m.Appl.No4289- of Property: 1545 Oaklawn tation; AND XERA Avenue, Southold, NY; 11. AppI No. 4262-Request SMITH Request or a Vari- County Tax Map Parcel No. for Variance under'Article IX, ance under Article IIIA, Sec- 1000-70-3-5. Containing Section 100-93 based upon the ti on 100-30A.3 based upon the 10,400 sq. ft. of land. area., „July J2,1999.1Nmicapf Disap- October 28, 1994 Notice of 7, 8:05; p.m. Appi. No. proval for'the outside storage Disapproval issued by the 8292- JAY. AND, MARY ordisplay which isnotpermit- Building Inspector, forpermis- THOMSON.' Request -for a led in this Hamlet-Business sion to construct addition to Variance under Article IIIA, Zone District. - existing building which will Section 100-30A.3 based upon The Board of Appeals win have an insufficient front yard the Novembval issued byt he aal time and Place hew any setback. Location of Property: of Disapproval by the and all persons or rep 980 Bayview Avenue, Building lnspectorfor permis- lives desiring to be heard in the Mattimck, NY; County Tax sion to construct addition to . above matters. Written tom-, Map Parcel No. 1000406-10- existing dwelling which will ments. may also be submitted 17. exceed the maximum lot cov prior to the conclusion of the 3.7:40 p.m. Appl. No 4290- erage limitations. Location of subject hearmbearing WAREX TERMINALS 8• before Properly: 695 Beyshore Road, will not start before the times e times CORP. Request for a Variance Greenport, NY; County Tax designated above. If you wish under Article Section 100- Map Parcel No. 1000-53-6-14. to review any of the above files IO1C, ref. 100--3 33, , for r permis- or would like tore sion to locate a canopy stmt- 8.8:10pm,Appl. No.4291. quest more Py ture over existing gasoline JAMES M. AND ELAINE lafomtation,pleasedonothesi- pumps in an area other than the O'KEEFE7Requeat for a Spo- late to call 765-1809 orviaitour rearyard. Location of Properly: cial Exception under Article office., 9945 NY; Main Road, Map Mattittick 711A, Section 100.308 to estab- Dated: December 76,1994 N County Tax Map Parcel an Bed and Breakfast use he SOUTH D TOWN AN No. 1000-142-1-27. an accessory incidental applicant's sing-family to the m resi- 4. 7:45 AppI. No. denp BOARD OGERAPPEALS ARD P. N-p.m.- Enar~ dente and ownership ofdwell- 4287- EAr`H Cni.nnn~INn rn~e ing located at 54300 C.R. 48, GERARD P. B a,0 Southold, NY; County Tax GOEHRNVGER,.CHAIR- (Carryover from December 7, Map Parcel No. 1000.52-3.1. MAN 1994). Requestto installswim- Zone District: R-40 Low-Den, By: Linda Kowalski o ming pool at 52325 C.R. 48. sity Residential IX-1222/94 Southold; NY; 1000-135.1.1- 43. " It~ \ meat car new turn/ )SS.- \1 COUN,/TY~ OF SUFFOLK ) 1 l~Cl1f V1 '.VJfJ , of Mattltuek, mkpyooL asew gro^d an bon, in a Produced hoergns" grown o the Pir Nm 1000.52-31. Zoe DWO¢ like to request more information, lad w Omer mm tlan regmrd yeas ; emdog Vincyard wdava thajaposed R41Gow-Deemy.Reddlemal. pkue na ast h nke can 765-1809 In saki County, being duly mom, Bays that he/she is yard, at Prtmiaes know. as 5653 r Whrry-kwlo..beesuccYed. immaiia of r~Y-11. 8:15 9.m. Application for avWlaroffrn. Indian Neck Rota, Pecok, N:Y' Prnpa7. g•; io* orBnlni®N rltVadanro 1alaame M WILLIAM P• Dunk ve?mba76.1994. Principal Cleric of THE SUFFOLK TIMES, a Weekly Camry Tar Map Parcel No. 100046-,-.- tee (10) tam d f4efe4.d an as AA88RR Concerning his property BY ~ BOARD H GFA S D Newspaper, published at Mattltock, In the Town of 6-14. (Setback from property Ikea, 45470 Main Rota:Southold. N.Y.: ' "kamm ad dartd b r me Mtnkm what bunted In a land run other data County Test Map No. I000-754-9.7 Answered Task Mmeum, 640 Low GERARD P. ODBHRINOFR Southold, County of Suffolk and State of New York, a mar land. uses he dewm&W by the ad91 L - Lane ad the sswth aide of County - CH'~M'O'1 and that the Notice of which the annexed Is a BuadolApprds.) "6.8:WP.m-f)ppLhlo.4293--. Rome 48, Mmknm. N.Y.; County Ter BY lids Kowalski 2. 7:40 p.m. Appl. No. 4289 - EDWARD J. MUNSUN. Rupert fa Map Paml No. 1100-140-2-16 located 8185-ITIM printed copy, has been re8d+~'tY Publb~ed in said WILLIAM and VERA SMITH. Variance under Article JpIIA, Section in the Headed Business Zoe Diwkt, RCRpr fa s Vakm under Article 100.30A3 baud *an&a December which request, are mud a bBoan: Newspaper once each week for weeks it. MA. Occtober tober 28, 1994 3 Nnd balced of upRanon 7, do e Building om t IdWpec or Di cor forVabroad N) na ce u nder u der 4260- Rwm+t for ,f(accesBlVely, commypy''ng on the day of ~ - the same. same. Violence d Article IX. up. the my Section 2, a / d nD n~ lost ( gw L approval issued by 4 by the con g In. - aim me ei to be. addition to n side- dwelling 19994 94 Notice 1 No(t)oe based upon al eta 12, •l/~/'iL/--J\ k.S4XLLY~ 111 consensus addition or or exaanistin builto to cons"" o.mtmes which will ll sew k it... the it... the required use aecraccoor it. place- by additdihg bu rd am, - IS lad faaemadt nl uW Will au- dshawnaimdscicmamlymset- L rd baykyath a has data mom o of f acc Impeeuory tower cbswcturc back Location of Property: 980 the required 25 fut. Location of which knupandbh bmudkareer CHRISTINA V0UNSKI Barvtcw Autism. MaWtock. N.Y. Propery: 1343 baklawn Avenue,. lead with ake bark an per Section 100.. Notary Public, State of Now auk 'I County Tar Map Parcel No. 1000 Southold, N Y.; County Tire Map 3311G) a Bw fat aces the property N0.CG04886 :-.i06-10.77 Panel NO.9 WOgbJ-S. Ca.Wnint One; Oualifitd in Suffolk COWRY Principal a* 3760p.m:AppL N04290-- . IOrIWaq. R.dltidam•:.... (10) Appl. No.4261-Rrguert fm Corntnisbon l:xptnm Novamhaf 199(0 WARES TERMINALS CORD -..7.S;OSpm Ap0LNx4292-JAY Vwimm maker Aatlde)OUIL Satin -Regwarws Vakmeudesdadee md MARY.TUOK .Request for IM231A based upon the la1y 12, X, Section 1Ob101C, at. 100.33, for - is Vietnam adaANde SUA, Secdoa 1994 Notice of Disapproval fu the J v panidmb(aaeaeaopy maYie IOD_JIM3"it yw l4 NWMAN bright of ma scam which excess the ova;eclmi.t paulhw pumpskan x30. modwofVppWpwMhmd ,1NI hd&bWANIM aawmer dm cat ter Ir'L Lantana by m4 Instant IaReesar brads- (11) Appl. No. 4262- Regwn for pmsaarI0. b8e Notary Public NO IS mHEREBY 26767dGfToOIVHN mi- Vacuum, b under Article dy Seed.. 0.d 2wn or of of property- Y 9945 Mon Rod ' uses an connotes ad o andmilialL, Inroad tl4 }Code of am lbws zMastltack. N.Y., County In Map -dandling wkich Own~nand- ' IW9 Wed sparse luny 12. 1996 • tontkol i, fW Its fouwelnt public, :PacaNa 10110-1412-1-27. a lot ressse •)loatlom ova Bruce amide Sworn I745 m.A o - ( of Pro Pftiy 69 Ralaham•kod Nuke of Darpp aersof obals whith "s.olpamh• 'r,~. heulupwitt he'^#eM br she ...nw•nv'inwr a A. 4287 r•nm Gradpmt, N Y t9'Br i/ap r bd I. this Hamkt-Bmmuen Tune day of W SoDTa611A 7owN; BOARD Or farm De- Hand No. 1000.536-1 =tr Oinks. - , 53093 lsraraarkdd7 .j.Rryaves . Yorks Mal. Rued, S DNEalS , New ew ~ 4tvtwimmi ; 1994). Request an 4mW1 - S. b p.m. Appl: - The Bond oeAsa0 woil a mid York 0.a ApRDN ' Y41 at 52o2Y-43 RcWMfw&E 0EwVd~9KEMM L piece b d th6 4.1996, o e~eks dnt r so dold:5. p. . App.. 1-143:.. Rapes Ica • SprdEaaptiO swder ' is tim ale 0.ucueW b h hand JANUARY - tlr Yes spetGedodor S 5. . 7an MARGARET A No: A - AruckMA, SerbJ[sk30B b-stab k tie above s esw0o- 1 - . 7:30 p.m. Appl. NO. 4268 - lob, and R lick Bed nu tuna maem =memo mq Wes be of t m so Wdbmimd prig g. JACK ad CHRIS GISMONDI. (COREY CREEK VINEYARDS). nary kcidmtdb6etgplbat'a,uk- me t6acWbndthe subject having. Resin he a Verbose end, Atdde (Crryova farm Guenther 7,' 1994). 'pe•(emilY addeeeE ad owmn* of Has' rkt{'wtU not cart bd m me II, Section IW30A(l) for approve, ~ for ~ `heron i~ dwelling lloemed, Co54300 ~R. 4Map 9, times d~pnatea~ If par o ~in sale of N de, loom d an necessary swim- _ I • • BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application DEC 2 81994 Of NORTH FORK BEACH CONDOS -----------------------------------x CONFIRMATION OF POSTING / N L k d i residing at z i c i 4%v' f21) I, J c- w" j A, a t' I fi c L~r) KV. V and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "52325 C.R. 48, Southold, QTY" by placing the Town's official poster notice on S / 6 e /L d ~F f ~ r /=lt5 j facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December ,2 , 1994. 7 1/1 A (s* t re i ~~gpFFOL~~oG APPEALS BOARD MEMBERS yo y~ Southold Town Hall Gerard P. Goehringer, Chairman W -W 53095 Main Road Serge Doyen, Jr. .rte F P.O. Box 1179 James Dinizio, Jr. d O` Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 1994 Paul Caminiti, Esq. Main Road Southold, NY 11971 Re: Appeal No. 4287 - North Fork Beach Condos Variance for Swimming Pool Location Dear Mr. Caminiti: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, January 4, 1995 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your client's property, or placed on the front of your dwelling or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of NORTH FORK BEACH CONDOS -----------------------------------x CONFIRMATION OF POSTING I, , residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "52325 C.R. 48, Southold, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December 1994. (signature) r • ~QS~FFOLKC O APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman C2 T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Roberti A. Villa- y'~Oj ~a0~ Southold, o(516) 765- 71 1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 20, 1995 Mr. John Callahan North Rork Beach Condos 125 Lighthouse Road Southold, NY 11971 Re: Appl. No. 4287 - Variance for Swimming Pool Location Dear Mr. Callahan: Please find enclosed a copy of the determination rendered by the Board of Appeals at our January 4, 1995 Regular Meeting and filed with the Town Clerk's Office concerning the above-noted application. A copy of this determination has been furnished to the Southold Town Building Department pertaining to your original building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your building permit application request is returned to their processing rack before commencing any construction activity. Also, you may know, this project is located within 500 feet of a State Road. We have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Paul Caminiti, Esq. to - 0 0 FOL't APPEALS BOARD MEMBERS y0 'yj~ Southold Town Hall Gerard P. Goehringer, Chairman ca 53095 Main Road Serge Doyen, Jr. 4F P.O. Box 1179 71 James Roberti A. Villar Southold, 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4287. APPLICANT: North Fork Beach Condo. LOCATION OF PROPERTY: 52352 C.R. 48, Southold, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 135.1, BLOCK 1, LOT 43. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 11/1/94. "Accessory swimmingpool is required to be in the rear yard." PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Accessory swimming pool structure in a front yard area as shown on map dated July 1994, prepared by James B. Behrendt, L.S. Pool location was mitigated as a greater setback, shown at 18 feet from Sound View Avenue (instead of 11 feet). MOTION MADE BY: Richard Wilton SECONDED BY: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved location of accessory swimming pool structure as shown on July 1994 drawing of James B. Behrendt, L.S., provided: (1) size of pool not to exceed =8x 4 ; S . _ (2) deck and patio areas shall be at ground level, as requested (3) C setback not less than 18' to the northerly property line as applied; (4) Lighting, if any, must be shielded down toward the property to prevent glare onto adjoining areas. REASONS/ FINDINGS: Swimming pool is proposed to be in-ground and is not proposed to be in a fully enclosed building. Placement of a swimmingpool structure is not an expansion of the principal use as- a motel and does not create a need for additional parking under code regulations. The property has four front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. No other alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr.,, Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN ~OSpFFOLIC APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman r°n T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. O~ Southold, New York 11971 Robert A. Villa ~Ol ~a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPL. #4287. APPLICANT: North Fork Beach Condo. LOCATION OF PROPERTY: 52352 C.R. 48, Southold NY. COUNTY TAX MAP DISTRICT 1000, SECTION 135.1, BLOCK 1, LOT 43. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector 11/1/94. "Accessory swimmingpool is required to be in the rear yard." PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Accessory swimming pool structure in a front yard area as shown on map dated July 1994, prepared by James B. Behrendt, L.S. Pool location was mitigated as a greater setback, shown at 18 feet from Sound View Avenue (instead of 11 feet). MOTION MADE BY: Richard Wilton SECONDED BY: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved location of accessory swimming pool structure as shown on July 1994 drawing of James B. Behrendt, L.S., provided: (1) size of pool not to exceed 18' x34'; a-/ ss (2) deck and patio areas shall be at ground level, as requested (3) setback not less than 18' to the northerly property line as applied; (4) Lighting, if any, must be shielded down toward the property to prevent glare onto adjoining areas. REASONS/ FINDINGS: Swimming pool is proposed to be in-ground and is not proposed to be in a fully enclosed building. Placement of a swimmingpool structure is not an expansion of the principal use as" a motel and does not create a need for additional parking under code regulations. The property has four front yards and virtually has no rear yard under the definitions and setbacks of the Southold Town Zoning Code. No other alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr.,. Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY TEE SOUTHOLD TOW14 CLERK DATE 12dl a5 HOUR 1'4,6 l own Clerk, Town of Southold Page 13 - Hearing Transcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals canopies. We've run the gamut on this rather. Who would like to offer the resolution? MEMBER VILLA: I'll make the motion. MEMBER DINIZIO: I'll second it. MR. CHAIRMAN: Alright, I have a motion and a second, all in favor? MEMBERS: Aye. 7:55 P.M. Application No. 4287 - NORTH FORK BEACH CONDOMINIUMS Mr. Chairman: (Carryover from December 7, 1994). Request to install swimming pool in an area other than the required rear yard at 52325 C.R. 48, Southold; 1000-135.1-1-43. Is there someone here? How are you tonight, Sir? You did you test the holes and all of that stuff? MR. CALLAHAN: Yes. MR. CHAIRMAN: You didn't find any a, no pools up there? Mr. CALLAHAN: No pools up there. MR. CHAIRMAN: So where in the realm basically of the new plan that you've given us. Good, excellent. Anybody have any questions of Mr. Callahan? MEMBER VILLA: Now, it's right behind that concrete pad. MR. CALLAHAN: Right. MR. CHAIRMAN: I, I think it's a great location. I really do. MR. CALLAHAN: It, it worked out very well with that suggestion. _ W Page 14 - Hearing Tral'fscript Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Any specific restrictions that you want to place on it so as not to be enclosed? What did you anticipate in reference to screening between there and the pad, anything? MR. CALLAHAN: Well the 4 foot fence that we're going to put around it will have a slack to it and then there'll be some trees or shrubs around on along the edge also because there are some that we have to move now. MR. CHAIRMAN: Alright. MR. CALLAHAN: So we will be moving in. MR. CHAIRMAN: Alright. Do you want anything else? I think it's back far enough that we don't have to put any barrier to be honest with you. MEMBER DINIZIO: Well, it's more in the middle too. You're not coming around that bend. MR. CHAIRMAN: Well, the concern I have, if the barrier is too close to the fence people can hop on the barrier and jump over the fence and that's the other problem that we have, unless you want to put a barrier in front of the cement slab. MEMBER DINILIO: No, no, I, not me. MR. CHAIRMAN: Do you have a question Sir? MEMBER WILTON: No. MR. CHAIRMAN: Anybody else here that wants to discuss this? MEMBER WILTON: Make a motion to approve it as applied for. MR. CHAIRMAN: Alright. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor? Page 15 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MEMBERS: Aye. 7:58 P.M. Application No. 4286 - JOEL AND MARGARET LAUBER MR. CHAIRMAN: (Carryover from December 7, 1994). Request for Special Exception to establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold; Parcel No. 1000-75-6-9.7 and 9.6. Expected resolution of no-jurisdiction as per new Local Law #26 - 1994. We will ask Mr. Lauber if he would like to say something for the record? JOEL LAUBER: Nothing more than what I said the last time. You asked me if I would make an attempt to reconfigure the property a little bit so that the parking space is further away from the adjacent property. We've done that and you have that information. MR. CHAIRMAN: Right. That's the area that you have penned in yellow? JOEL LAUBER: Yes, see, it moves it about 50 feet further away. MR. CHAIRMAN: Alright. Could I just ask you to come up here one second. If you were standing, I assume this is the road coming in, this is the building, where approximately is north on this? BOARD SECRETARY KOWALSKI: Yeah, we just need to have that. JOEL LAUBER: Where's north? This Offering Plan has been amended. See inside front cover. CONDOMINIUM OFFERING PLAN FOR THE SALE OF UNITS IN A CONDOMINIUM TO BE KNOWN AS NORTH FORK BEACH CONDOMINIUM Location Soundview Avenue Southold, New York 42 UNITS T TOTAL OFFERING - $2,105,000 SPONSOR-AND SELLING AGENT NORTH FORK BEACH CONDOMINIUM 50 North New York Avenue Huntington, New York 11743 F> ' THE APPROXIKATE DATE OF THE FIRST OFFERING TO THE PUBLIC IS JUNE 20,1984. THE OFFERING PLAN MAY NOT BE USED AFTER JUNE 19, 1985. THIS PLAN CONTAINS SPECIAL RISKS TO PURCHASERS. SEE PAGE ii. THIS OFFERING PLAN IS THE SPONSOR'S ENTIRE OFFER TO SELL THESE CONDO- MINIUM UNITS. NEW YORK LAW REQUIRES THE SPONSOR TO DISCLOSE ALL MATERIAL INFORMATION IN THIS PLAN AND TO FILE THIS PLAN WITH THE`NEW YORK STATE DEPARTMENT OF LAW PRIOR TO SELLING OR OFFERING TO SELL ANY I' CONDOMINIUM UNIT. FILING WITH THE DEPARTMENT OF LAW DOES NOT MEAN THAT THE DEPARTMENT OR ANY OTHER GOVERNMENT AGENCY HAS APPROVED THIS OFFERING. AMENDMENT NO. 3 Dated: November 8, 1985 NORTH FORK BEACH CONDOMINIUM This Offering Plan was previously amended on November 13, 1984 (Amendment No. 1) and on July 17, 1985 (Amendment No. 2). I. Sponsor has engaged Norman S. Abrams, Esq., 44 Green Street, Huntington, New York 11743, to represent him at all closinqs with purchasers. II. This Plan may be used for six (6) months from the date this Amendment is duly accepted for filing and thereafter said date is to be extended in a further amendment to be filed. Other than as set forth above there are no material chanqes which require an amendment to the Offering Plan. NORTH FORK BEACH CONDOMINIUM i Sponsor I, .I ( AMENDMENT NO. 2 i Dated: July 17, 1985 NORTH FORK BEACH CONDOMINIUM This Offering Plan was previously amended on November 13, 1984 f (Amendment No. 1). I. As of'-the date of this Amendment, the Sponsor has entered intq purchase agreements for the sale of 14 homes which repeesent 33.338 of all the units at North Fork Beach Condominium. As a result, Sponsor has declared the Plan effective and has sent a notice of effectiveness to those who have entered into purchase agreements. II. Prior to closing, Sponsor will meet all the requirements set forth on Pages 22 and 23 of the Plan which will enable the Sponsor to close individual units in the condominium. III. The proposed first year budget has been revised. Annexed hereto and made a copy of this amendment is the revised budget along with a copy of the Certification of Adequacy of the Budget prepared by Community Management Services, Inc., 232 Veterans Memorial Highway, Commack, New York. The revised budget does not change the estimated monthly maintenance charges. IV. This Plan may be used for six (6) months from the date this Amendment is duly accepted for filing and thereafter said date is to be extended in a further amendment to be filed. Other -than as set forth above there are no material changes which require an amendment to the Offering Plan. NORTH FORK BEACH CONDOMINIUM Sponsor CERTIFICATION OF- SPONSOR'S EXPERT CONCERNING THE ADEQUACY OF SCHEDULE B PURSUANT.TO.PART 21 OF-ZEE REGULATIONS ISSUED PURSUANT TO GENERAL BUSINESS LAW, ARTICLE 23-A, AS AMENDED New York State Department of Lac; Two World Trade Center New York, New York 10047 Act: Real Estate Financing Bureau Re: North Fork Beach Condominium The undersigned certify as follows: We are experts in the operation of co-operatives, condominiums or rental properties. we have managed 15 property/properties for pigh year/years. Our other relevant real estate experience, qual ication and licenses are as follows: Currently managing other Condominiums and Co-Oneratives in Montauk and the East End of Lonq Island. The Sponsor of the Co-operative Offering Plan for the captioned property retained our firm to review Schedule B containing projec- Lions of income and expenses for the first year of co-operative operation. We understand that we are responsible for complying with Artia24 7$= of the General Business Law and the regulations promulgated by the Attorney General in Part 21 insofar as they are applicable to Sebedul• We have reviewed the Schedule and investigated the facts set form in the Schedule and the facts underlying it with due diligence in osier to form a basis for =his certification. We certify that the projections in Schedule. B appear reasonable aid. adequate based or or~3ent prices adjusted to reflect continued td1v- -ion and present levels of consumption for comparable units simihrI situated. We certify that this certification and all docum_nts prepared by is hereafter that concern the Schedule: (i) act forth in detail the terms of the transaction as it relax to the Schedule and are complete, current and accurate; (ii) afford potential investors, purchasers and participants an adequate basis upon which to found their judgment; i (iii) do not omit any material (iv) do nct contain any urtrse statements of material facts; 3 (v) do not contain any f~ra:l, etceptior., concealment or suppression, j (vi) do not contain.any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing j circumstances; (vii) do not contain any representation or statement which is false or where we: (a) knew the truth; (b) with reasonable effort could have known the truth; (c) made no reasonable effort to ascertain the truth, or (d) did not have knowledge concerning the representations or statements made. We further certify that we are not owned or controlled by and have no beneficial interest in the Sponsor and that our compensation for preparing this certification is not contingent on the conversion of the property to a co-operative or on the profitabilftykot price of the Offering. We understand that a copy of this certification is in-i tended to be incorporated into the Offering Plan so that prospective. Purchasers may rely on it. This certification is made under penalty of perjury for the benefit ot',. all persons to whom this offer is made;. We understand that violatio00: are subject to the civil and criminal.Eenalcies of the General Business Law and Penal Law. C.M.S., Community Management Services LyI President 1 Sworn to before me this n (P day of ~6v/ u~- 198 r j ; 9 otary u is WHERINC fpIBA14 VOT RY PUBbi6iiW u+ra~ Lie"" prca 30. l9 T'- TABLE OF CONTENTS PART I PAGE SPECIAL RISKS ii 1. INTRODUCTION,,,,,,,,,,,,, 1 II. DEFINITIONS.. III. DESCRIPTION OF PROPERTY AND IMPROVEMENTS.......... 6 IV. LOCATION AND AREA INFORMATION 7 V. SCHEDULE A - Prices of Unit...... VI, SCHEDULE B - Projected Budget For.First 9 Year of Condominium Operation 13 VIZ. MORTGAGE FINANCING ARRANGED BY SPONSOR........... VIII. CHANGES IN PRICES,LAYOUTS AND SUBSTITUTION 17 OF MATERIALS.. 18 IX. PROCEDURE TO PURCHASE.. X. EFFECTIVE DATE.. • " " " " " 19 XI. CLOSING OF TITLE TO UNIT... .............o " 21 21 XI.I. CLOSING COSTS AND ADJUSTMENTS, 24 XIII. RIGHTS AND OBLIGATIONS OF SPONSOR, XIV. CONTROL BY SPONSOR ~6 XV. RIGHTS AND OBLIGATIONS OF UNIT OWNERS 331 O XVI. RIGHTS AND OBLIGATIONS OF BOARD OF MANAGERS SUMMARY OF BY-LAWS 3.9 XVII. TAXES - DEDUCTIONS TO UNIT OWNERS AND STATUS OF TAX T WORKING CAPITAL FUND CONDOMINIUM I RESERVE FUND 48 XIX IDENTITY OF PARTIES. XX. GENERAL........ 48 PART II C. DESCRIPTION OF PROPERTY (AND SPECIFICATIONS) (AND BUILDING CONDITION) 51 1. Floor Plans 74 2. Site Plan, 76 3. Area Maps.. 78 4. Fee Title Description 79 0. PURCHASE AGREEMENT..... E. POWER OF ATTORNEY.. 80 F. FORM OF DEED.. 89 G. DECLARATION OF CONDOMINIUM...... 91 H. CONDOMINIUM BY-LAWS..... " o. " " ' 94 I, COUNSELS OPINIONS.. " 107 J. CERTIFICATIONS " " " " " " " " 131 1. SPONSOR 2. SPONSOR'S ENGINEER (OR ARCHITECT).......... 136 3. SPONSOR'S EXPERT CONCERNING ADEQUACY OF BUDGET 139 (i) Page 6 - Legal Notice • • Southold Town Board of Appeals Public Hearings for January 4, 1995 Mailing List for Legal Notice Hearings for January 4, 1995 Copies of the Legal Notice furnished to the following 12/20/94: Mr. Edward J. Munson, 1545 Oaklawn Avenue, Southold Mr. and Mrs. William F. Gasser, 2383 Fifth Ave, Ronkonkoma 11779 Ongioni & Borelli, 218 Front St., Greenport 11944 Mr. and Mrs. Jay Thomson, 695 Bayshore Road, Greenport 11944 Mr. and Mrs. James M. O'Keefe, 54300 CR 48, Southold 11971 Mr. and Mrs. William A. Smith, 980 Bayview Ave, Mattituck 11952 Paul Caminiti, Esq., Main Rd, Southold 11971 (Re: NF Beach Condos) Mr. Louis DeRonde, 16 Victoria Dr, Amityville 11701 (Re: Warex Terminations Corp.) Mr. and Mrs. Jack Gismondi, 5655 Indian Neck lane, Peconic 11958 Mr. and Mrs. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Joseph Fristachi, 6 Adrienne Court, Farmingdale, NY 11735 (Opp. Re: Lauber) Posted on Town Clerk Bulletin Board on 12/20/94 Copies to Board Member Boxes together with copies of files 12/20 Copy to Town Clerk for distribution to TB on 12/20/94 Copies to official newspaper(s) on 12/19/94 by fax transmission Copy to Building Department on 12/20 I . ~ ~~SpFFOL~~o APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Jr Southold, New York 11971 T Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 11%i8/94 AGENDA REGULAR MEETING WEDNESDAY, DECEMBER 7, 1994 7:15 p.m. Work Session (No action taken - reviews only) 7:30 p.m. Regular Meeting and Public Hearings 1. PUBLIC HEARINGS: 1. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Page 2 - Agenda • • Regular Meeting - December 7, 1994 Southold Town Board of Appeals 1. PUBLIC HEARINGS, continued: Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUCE, JR. Request for a Variance under Article III, Section 100-33, based upon the Novem- ber 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:05 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the existing Vineyard, and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282 -CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-1-18.1. 7. 8:20 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimmingpool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, NY; County Tax Map Parcel No. 1000-135.1-1-1 thru 43. The entire premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low-Density Residential. (end of hearings) II. RESOLUTIONS /MISCELLANEOUS: A. Resolution to adopt scheduled dates for Regular Meetings ` (Page 3 - Agenda • • Regular Meeting - December 7, 1994 Southold Town Board of Appeals and ZBA public hearings in 1995. B. Resolution setting Applications of William Gasser for January Public Hearing. III. DELIBERATIONS/DECISIONS, as deemed appropriate: A. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue. B. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold. C. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot line resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, D. Appl. No. 4285 - ELBERT E. LUCE, JR. Request for a Variance under Article III, Section 100-33, based upon the Novem- ber 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the easterly side of Youngs Road, (House #944), Orient. E. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the existing Vineyard, and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic. F. Appl. No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section Page 4 - Agenda • Regular Meeting - December 7, 1994 Southold Town Board of Appeals 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic G. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimmingpool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, NY. Page 51 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals BOARD CLERK KOWALSKI: OK, thank you. MR. MEYHOEFER: And at that side I put up a roll of Lilies and Irises and then I built in the front of the deck so you're not going to fall off, but there's a step, or a tear drop, what I call a tear drop step and it was a platform for the kids to sit on. MR. CHAIRMAN: Alright, so I'll offer the resolution that it be granted as applied for. MEMBER DINIZIO: I second that. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:56 - Application No. 4287 - NORTH FORK BEACH CONDOMINIUM MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimming pool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, N.Y.; County Tax Map Parcel No. 1000-135.1-1-1 thru 43. The entire premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low-Density Residential. I have a copy of a sit plan which is actually a survey indicating the approximate location of the proposed swimming pool and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I see noted counsel at the mike so he must be representing them. Mr. Caminiti how are you? Page 52 - Hearing T•iscript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals PAUL CAMINITI: I feel at home here with all of my fellow attorneys, Mr. Moore, Mr. Boyd, only Mr. Bruer is missing. I even see my old neighbors here. The purposes of this hearing, I'm representing the North Fork Condominiums, my name is Paul Caminiti, refer to Caminiti. Box 846, Main Road, Southold, N.Y. Mr. Chairman I just want to fill in a couple of items that I think are lacking on the application. But, North Fork Condo is a unit comprised of 42 Units, which 22 are actually occupied and owned individually. 20 of the units are still held by the sponsor of the Condominium Unit. They reserve the right to vote on any major improvements on the property. The units themselves are one room units, do not contain any cooking facilities at all but just mark away units. Only one unit is an efficiency that has a sports kitchenette really. 42 that's only used in the summer time on a rental basis. The common units themselves are open in April and closed in November, so it's strictly a seasonal operation. Now, in September, there was a general meeting of all of the stockholders of which 32 votes were cast in favor of the construction of the pool, there was no opposition. However, ten property owners failed to appear at the meeting that seldom attended, abstentions. 32 were in favor of the units. The whole reason for the application is that the parcel as shown in the site plan certainly needed that there is really no defined rear yard. It's a triangular piece. So, we have here tonight Mr. Callahan who manages the unit and also Jim O'Callaghan who is the Engineer who designed the location and also Mr. Feeley from Dolphin Pools. The pool itself is a one piece Page 53 - Hearing Ascript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals fiberglass molded fiberglass unit which is planed to the prepared hole. The site plan is pretty clear. I think it addresses all the major conditions of setbacks which shows an 11 foot setback from Soundview Avenue. It covers the question of the screening, the lighting, all the other requirements that are necessary. I would also like to point out to the Board that the present use now is a basketball court, concrete pad which is a used for shuffle board, there's also a barbecue pit. It is lighted and the present use now in the summer time is between 10 and 11:00 o'clock. As far as the pool is concerned the Health Department would probably require us to post hours for the use of the pool. With all probability they anticipate a time which will probably be 8:00 o'clock at night, so I don't believe that there will be any increased noise level from the use of the pool that doesn't already exist now. In order to construct the pool there has to be a variance granted since we do not meet the necessary rear yard requirements. As you approach the property from the west it seems to be the only logical place to put the pool would be in this open area which would be really the rear yard, but its got two means of approach, Soundview Avenue and North Road. So, basically it's a question of determining the rear yard and granting the variance. Now, there isn't anything more I can add other than have Mr. Callaghan give his reasoning for selecting this particular site. MR. CHAIRMAN: Yes, that would be a question we have and I have to excuse the public to have come to this but we have to take a short recess after he does his presentation. How do you do Sir? Page 54 - Hearing T anscript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals JIM O'CALLAGHAN: Good evening Mr. Chairman, my name is Jim O'Callaghan. I'm with the firm of Burton, Behrendt, Smith & O'Callaghan from Patchogue. Our shorthand is speedy itself because it works a lot easier on the phone and John Callahan who is not my brother is the manager of the condo. A couple of things I want to point out. The pool location was selected because one it's tight, the site is very tight and two the only other perhaps the seawall location would be in the V notch between the two wings of the condo unit and that area is treed and also contains the underground sanitary system for the units. Put the pool in would mean ripping out the cesspools and septic tanks. So, because there was so little area left over basically that this appeared to be the most appropriate site for the pool. Across the street on the north side of Soundview Avenue is the bluff that leads down to the beach. The top of the bluff is roughly as you look at the drawing, roughly where you see the stairs ending it's just about along the north right-of-way line of Soundview Avenue. It runs basically then across the drawing from left to right in a straight line. So, we're a considerable distance away from the top of the bluff. The pavement on Soundview Avenue is roughly not in the center of the right-of-way but closer to the south right-of-way line. As you can see on the drawing to the left of the condo units the split rail fence that actually serves to protect the top of the stairway, they have a right-of-way that runs down the beach and the stairway that's on the drawing is shown partially that's within their easterly area. The pavement on Soundview is roughly between the split rail fence Page 55 - Hearing T• script Regular Meeting of December 7, 1994 Southold Town Board of Appeals that you see and the split rail fence that runs along the south right-of-way line on Soundview Avenue. The pool is approximately 14 x 32 in size, holds about 18,000 gallons of water when it's filled and we've added some details to show how it will be fenced and screened to protect it from view and if you have any questions you have to ask. MEMBER VILLA: What's the deepest part of the pool? JIM O'CALLAGHAN: 5-1/2 feet. MEMBER VILLA: They'll be no diving? JIM O'CALLAGHAN: No, I might get my belly button wet ( MEMBER VILLA: Just about. MR. CHAIRMAN: How far into the notch area if we were to complete a triangle would the sewage system be? In other words, do they extend in that are they actually pooled within that entire center area or is there some movement of this pool toward the south adjacent to the shuffle board court? JIM O'CALLAGHAN: One of the problems we don't, we do, we don't have as built of the sanitary systems so we don't know exactly where the system components are, except to know that they are in the notch. There's only one visible manhole that shows on the drawing not to center the pool of the V notch. Did I answer your question? MR. CHAIRMAN: Yes. My question is and we will recess just to throw out to you is there any reason why this pool could not be built almost adjacent if not just to the southerly portion of that 8 foot concrete path? I realized that you had so many people. Page 56 - Hearing T• script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals JIM O'CALLAGHAN: Just so we're on the same page, are you talking, if I may, something in here? Alright, let me ask John Callahan. MR. CHAIRMAN: All right, we're going to take a short recess and then we'll be back to you in about 3 to 4 minutes. 9:15 P.M. - Con't. North Fork Beach Condominium. MR. CHAIRMAN: Will you make a motion to reconvene. MEMBER VILLA: I'll make the motion. MEMBER DOYEN: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. JIM O'CALLGAHAN: If I can approach the Board. What I've sketched out in rough form is to the extent that we can tell just from the surface conditions this appears to be the extent of the sanitary system that services the units. MR. CHAIRMAN: Oh! That's great. JIM O'CALLAGHAN: There appears to be a lot of them. You had suggested that we use this rectangle but there's a flagpole that we'd like to save. We're thinking that we could shift the pool this way to avoid the flagpole and roughly have it here. We'd like to preserve the right to do a physical inspection to make sure that the closest cesspool does not conflict with the proposed location of the swimming pool. MEMBER VILLA: Yeah, they shouldn't be that difficult to locate. JIM O'CALLAGHAN: No, it would just be some probing and we'll do it. This is basically what the pool looks like installed and this Page 57 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals is, these are some of the types of equipment that are used to install so our concern is that we don't want to have to bring this stuff over a cesspool and have it collapse under these, so we need a reasonable working area around the pool to construct the pool. MR. CHAIRMAN: What we are concerned with the issue that we, I shouldn't say this on the mike, but of course when we don't grant something we're arbitrating capricious. Alright, but when we do grant something we want to do it on the spirit of health safety and welfare. Alright? Our concern, or my concern, is and any possible occurrence of the vehicular occurrence of penetrating that fence? Now, it may never of happen, alright, but, it's something that is definitely concern, it's concerning, OK, it would be disconcerting if it happens and it's concerning my particular vote on this application and that's the reason why I'd like it setback there. I'd also like some sort of minor barrier placed. It could either be a berm or it can be a guard rail in, you know a regular steel guard rail 4 x 4, 6 x 6, JIM O'CALLAGHAN: We've talked about that. MR. CHAIRMAN: Holding it. JIM O'CALLAGHAN: Within our property. MR. CHAIRMAN: Within, and put greens around it so you'll never see it or paint it green and then put the green, I don't care if its privet, I don't care what it is. I mean considerably it's going to be a little blatant the first couple of years before it actually grows up around it. I happen to be a Park District Commissioner, we buy it like water and we utilize it an unbelievable amount and it Page 58 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals does and it's a very great retainance type of thing. I'm talking about anything high. I'm talking three feet off the ground, something of that nature and that's my concern. JIM O'CALLAGHAN: The only detail about that so you understand is that if you plant a heavy shrub in front of the guard rail that can actually be bent over by the vehicle and actually act as a ramp MR. CHAIRMAN: I would put it in back of it. JIM O'CALLAGHAN: OK, that's even better. MR. CHAIRMAN: And use it as a side line for the shuffle board court, or whatever the concrete path is used for, bocci or whatever. MEMBER VILLA: Alright, the plan also says a 6 foot fence. Are they asking for a variance for a taller fence then, because this is basically a front yard which only allows 4 feet. JIM O'CALLAGHAN: This was prepared based on discussions with your Building Inspector. I'm not saying that he ordered us to put the 6 foot fence in but 1, I'm wondering if that's where it came from, because my understanding is that normally the fence around a swimming pool only has to be 4 feet high and if that's satisfactory we're willing to live with 4 feet. We'll make it 4 feet high. MEMBER VILLA: On the road now you do have a higher fence along here, don't you or is it JIM O'CALLAGHAN: Well right along that's, that's a stockade right along ( 6 foot. Page 59 - Hearing T• script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals MEMBER VILLA: What I'm thinking about is people coming down the road seeing the pool and swimmers down here being distracted from the turn of the road or any sort of traffic, so actually the higher the fence there the better it might be BOARD CLERK KOWALSKI: If you want to condition it, well, the Board can condition it as part of a safety factor. You don't have to give a variance for your own condition. MEMBER Villa: You'd be screened for vehicular traffic. (Everyone talking at one time) MR. CHAIRMAN: Well, the question is, I mean certainly you're not going to build it right now anyway. Do you want to probe between now and January 4th and we'll come back and do it? I mean the ground is not frozen yet. You know, measure everything you want, preferably give us some dimensions of, you know, from this location. I mean I know we have location here, we knew the width of the pool, we can estimate what the side yard is going to be, the front yard rather. JIM O'CALLAGHAN: We can probe, get some details on ( show as best we know where the thing is below grade and then just redo this detail to show it relative to the to ( MR. CHAIRMAN: Well we'll reconvene the hearing to January 4th and if you don't have it until then, just bring it that night. JIM O'CALLAGHAN: No, we'll have it by then. (Discussions being had by everyone) MEMBER VILLA: What would happen if the other ten people came forth and said they didn't want it? Page 60 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CALLAHAN: Well, the By-Laws read the majority. MEMBER VILLA: Majority! So, I would assume that there's 20 Units you've said owned by one person. MR. CALLAHAN: Former Sponsor. Now, it's controlled by a Board now. MEMBER VILLA: So, I'm assuming that they voted in its entirety. MR. CALLAHAN: Well, the way it reads, is this. What they voted is what the basic owners want. MEMBER VILLA: They went along with the majority and the other owners. MR. CALLAHAN: There were against it MEMBER VILLA: Their still trying to sell those units I would assume right? So, this is that's to their ( ) . That's what I was wondering about. MR. CALLAHAN: The proxies voted by ( The Condominium Sponsors, Sam Waldwin and Lou Jacobson indicated that they would go along with the majority of those at the meeting, so they cast over their 20 votes in favor of the pool. (Discussions amongst themselves). MEMBER VILLA: Another question I have. You have these 20 Units there rented out on a 90 basis, right, so how are you going to control those people in the pool, in the evening, in other words somebody is in there and they say I want to go swimming in the pool, its 10:00 o'clock at night? Page 61 - Hearing Tra script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CALLAHAN: We do have a manager, a live in manager that's on the premises all the time, so, and it is well lighted back there. You still have to have the light for the whole ( MEMBER VILLA: Yeah, but you know, there's a, there's enforcement and there's non enforcement. In other words, you know, if you don't enforce it, there's goner be people swimming there. MR. CALLAHAN: Oh! We'll definitely enforce it. MEMBER DOYEN: What's your projected hour, 8:00 o'clock? MR. CALLAHAN: 8:00 o'clock is set down. Well, the basket ball court and the shuffle, their all opened until 10 or 11. Their out there until late. MEMBER VILLA: Yeah, I was going to say, if there's somebody playing basket ball, and their all hot and sweaty their going to jump over that 4 foot fence. MEMBER DINIZIO: Yeah, but certainly Bob, there's going to be more police than say if this were a motel. MEMBER VILLA: I mean you have people who actually own the motel. MEMBER DINIZiO: Well, you have people who actually, you have people who own the place, they own that place MEMBER VILLA: You got 20 Units there that's a motel, and a you know, you can't control those kind of people. It would be difficult. MR. CALLAHAN: You have around, you have around 6 owners that don't rent that stay there almost every weekend and then you've got the occasional owners Page 62 - Hearing Transcript 0 Regular Meeting of December 7, 1994 Southold Town Board of Appeals MEMBER VILLA: So, you have 36 Units then that basically can be rented. You're dealing with a transit trade, that's the thing I'm saying. A, motels are difficult to police. MEMBER DINIZIO: What would be the objection to a person swimming at 10:00 o'clock at night if no-one on the property objects. MEMBER VILLA: Because they wouldn't have a lifeguard or anything else. MEMBER DINIZIO: Right, but that's their liabilities, certainly not MEMBER VILLA: And you've got, you've got concerns of noise and everything else, your neighbors. MR. CALLAHAN: Across the street down on the beach part there's a sign there "Swim at your own risk", that's, that's what the Health Department wants on that too. So, I mean they can go down on the Sound and swim too. MEMBER VILLA: That's, that's put there by the owner generally, the Health Department says "No Swimming" and you're suppose to enforce it. Swimming at your own risk does not take the obligation away from you or the responsibility because the Health Department (people talking at one time) They want it posted "No Swimming" and they generally want it enforced. That's the way it's suppose to be. MR. CHAIRMAN: All right, gentlemen have a lovely Christmas and we'll see you on January 4th and will put this thing to bed and you guys can build it in March. Hearing no further comment I'll make a motion recessing the hearing to the next regular scheduled meeting. MEMBER VILLA: Second. Page 63 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All in favor? MEMBERS: Aye. Transcribed from tape recordings. LF ~~SpFFRI( APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman r°n 53095 Main Road Serge Doyen, Jr. ~+p P.O. Box 1179 71 James A. Villa - y~01 ~aO! Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 1994 Mr. John Callahan 125 Lighthouse Road Southold, NY 11971 Re: Appl. No. 4287 - Variance of North Fork Beach Condos Dear Mr. Callahan: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the final hearing will be held on Wednesday, December 7, 1994 at the Southold Town Hall at 8:05 p.m. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front of the building (or fence, if appropriate) where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. You should complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski Enclosures cc: Paul Caminiti, Esq. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of NORTH FORK BEACH CONDOMINIUM -----------------------------------x CONFIRMATION OF POSTING 1, residing at , being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "52325 County Road 48, Southold, NY" by placing the Town's official poster Notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearng noted thereon to be held December 7, 1994. Dated: December 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: AfoRTm FotK one S ?J C DATE OF PUBLIC HEARING: 114210 I 19q q l P 14, If you have an interAt in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD 9 (516) 765-1809 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of NORTH FORK BEACH CONDOMINIUM -----------------------------------x CONFIRMATION OF POSTING I, J 0A ? 0tj Z4/) CJ/tj~'residing at Z 7 \ 1 J v S~ !`l7-0 C)~~e~~ being duly sworn, depose and say: That on the Z U day of November, 1994, I personally posted the property known as 1152325 County Road 48, Southold, NY" by placing the Town's official poster Notice on 5ivckA-), f FOW--9 f4e,.•7 IF65! facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearng noted thereon to be held December 7, 1994. NS V. Dated: December U 1994. r (S1gI}$t •e L i E _ ? A) II iA Na1VA 7 ~oV CFO M&dd X#05/11 oQnR7 '1~!'~d' ~ N i Raw a. d 1 a e~~i ,yam { f~ t M ~ ~ <s .r' ~ 1 a i. r 5 y"15 ,3t~~Jh xf ~ k; I-Ud l? " tom. Ake Co~~ X113 i •!e Iv F &A CA ro,Voa y '~2 Loues ~D NOTICE F STATE OF NEW YORK) (ADDITIONAL) ) S: PUBLIC HEARING NOTICE IS HEREBY GIVEN, COUNTY OF SUFFOLK pursuant to Section 267 of the Town Law and the Code o the Town of Southold, that the following matter - uT- ~w . ~Nwh1VA W &1k of Mattltac will be held for a public hearing the SOUTHOLD TOWN BOARD D OF In said County, being duly sworn, says that he/she is APPEALS in addition to those previ- j Principal Clerk of THE SUFFOLK TIMES, a Weekly ously calendared, at the Southold Town Hall, 53095 Main Road. N$V 2 $ Newspaper, published at Mattltuck, In the Town of Southold, New York 11971, on WEDNESDAY, DECEMBER 7 Southold, County of Suffolk and State of New York, , 1994, commencing at the time speci- and that the Notice of which the annexed is a red below: dated co has been regularly 7. 8:20 p.m. Appl. No. 4287 - - P copy, Published In said , RTH FORK BEACH CON- Newspaper once each week for weeks MDVIUM. Request for n Variance sue, ce=e~.n mmgneing on the 4 day of under Article III, Section 100-33, Y, 24 b sed upon the November 1, 1994 ] Mice of Disapproval of the Building Inspector, for permission to locate an other than swimmu win an area ^ _ other the required ired rear yard and /'~N~. which faces the south side of CHRISTINA VOLINSKI Soundview Avenue. property identi- Notary Public, State of New York fired as: 52325 County Road No. 48, No. 5004894 Principal Clerk Southold, NY: County Tax Map Parcel Qualified in Suffolk County No. 1000135.1-1-1 thm 43.7he entire Commission Expires November County 19_~ premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low- Density Residential. VQ I ^,V II ~y tJu, I The Board of Appeals will at said time and place hear any and all per- Notary Public sons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior Sworn t efore me this to the conclusion of the subject hear- ing. The hearing will not start before day of 9 9-1 the time designated. If you wish to review any file or would like to reauest more information- nlease do nor nesnarc w can rue-20U7 m vga,. our of i". Dated: November I8, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8161-ITN24 NOTICE OF]PUBLIC COUNTY OF SUFFOLK HEARINGS STATE OF NEW YORK ss: NOTICE. IS HEREBY GIVEN, pursuant to•Section 26701~TownLawandthe Patricia wood, being duly sworn, Cod4o thpTowtlof$oudtold, says that she is the Editor, of the tbat:, - .ngpubic hear- TRAVELER-WATCHMAN, a public ings will a hold 'by the newspaper printed at Southold, in pg'at Sontbold Town Suffolk County; and that the notice Hall, 53M+ Mtin Road, of which the annexed is a printed Soulhold:N*wYorkll971,on copy, has been published in said W., nRCEMBER Traveler-Watchman once each week 1. 1294, commencing at the for times specifled below: . weeks 7. 8:20 p>M, Appeal No. 4287- NORTH. FORK succe ively, commencing on the BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100-33, based, upon the November 1, 1994 Notice ofDisapproval of d 9y__, of ...4 the Building I, ' ctor, forger- mibsuon ~`kk;ate an inground sw"htg pool In an area other than tberaqu W rear yard and ~~?ich ii1'~ soul) of oil identified as 92325 "County Rued No. 48 'Southold, NY; County Map Parcel No. SWOrn to before me on this 1000,135.1-14 onyTax thru 43. The entire premises contains 1.18 .....day o f acres and, is a corder: lot Zone District: R-40 Low-Density Residential. / w?^.... , i 99y. The Board of Appeals will at said time and place bear any and ~]1 pets®s or tepresenta- tivbs iipabingto be heard in the above medals: Written com- W , cf menu may also be submitted p" to the conclusion of the Notary Public subject hear$tig. Each hearing will au start before the times BARBARA A, SCHNEIDER desigwale¢above. If you wish NOTARY PUBLIC, State of New York to review any ofthe above files No. 4306846 or would like to request more Qualified in Suffolk CowAy / a,pleasedonothesi- Commission Expires 3! 96 t * 6 cap 765-1809 or visit our officer " b tad: November l8 ,1994 BY ORDER OF THE SOIITHotbTOWN BOARD OF APPEALS GERARD P. GOEHIIIJINGER, CHAIRMAN By: Linda Kowalski 1X-1124/94(30) ? r • ~~S~FFO(KCOG APPEALS BOARD MEMBERS y~ 'yj2 Southold Town Hall Gerard P. Goehringer, Chairman r°n T 53095 Main Road Serge Doyen, Jr. p P.O. Box 1179 11971 James A. Villa - y~J~l ~a0~ Southold, (56) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF (ADDITIONAL) PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following matter will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS in addition to those previously calendared, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 7, 1994, commencing at the time specified below: 7. 8:20 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUM. Request for a Variance under Article III, Section 100-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimmingpool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, NY; County Tax Map Parcel No. 1000-135.1-1-1 thru 43. The entire premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low-Density Residential. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above Page 2 - Additionalatice Public Hearing(s) for December 7, 1994 Southold Town Board of Appeals matter. Written comments may also be submitted prior to the conclusion of the subject hearing. The hearing will not start before the time designated. If you wish to review any file or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: November 18, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x APPEALS BOARD MEMBERS ~O\OS~fFOLKcOGy~2 Southold Town Hall Gerard P. Goehringer, Chairman °H 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. aOt Southold, New York 11971 Robert A. Villa ~l[ Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4287 Project/Applicants: North Fork Beach Condominium County Tax Map No. 1000- 135.1-1-1 thru 43 Location of Project: 52325 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate inground simmingpool in area other than required rear yard 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) Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me ~oS~FfOIK JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK p rzj~ P.O. Box 1179 N Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: November 18, 1994 RE: Zoning Appeal No. 4287 - North Fork Baech Condominiums Transmitted herewith is Zoning Appeal No. 4287 - NORTH FORK BEACH CONDOMINIUMS for a variance. Also included is: Letter of Transmittal of Burton, Behrendt, Smith S O'Callaghan; Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department dated November 1, 1994; Short Environmental Assessment Form; ZBA Questionnaire; survey; and the offering plan for the condo. Judith T. Terry Southold Town Clerk BOARD OF APPEALS TOWN OF SOUTHOI.O In tile Matter orrI the Petition of I (~I~uCTh Ta(r l~ ~lr~ ~i v~rJn NOTICE, to the Board of Appeals of the Town of 50utl ld TO ADJACENT TO: STANLEY K. KEMPER PROPERTY OWNER P.O. BOX 1718 270 GOLDIN LANE SOUTHOLD, NY 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That It i's the 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 ad' cent to you roA Ly ~~nn~~ is des- cribed as follows: THE SOUTHWEST CORNER OF SOUND VIEW AVENUE ANb NORTH ROt,, b5%61LD, NEW YORK, KNOWN AS THE NORTH FORK BEACH CONDOMIN 3. That the 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: PERMIT TO CONSTRUCT " AN ACCESSORY INGROUND SWIMMING POOL IN A FRONT YARD • 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III See"ew CHAPTER 33 ] 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 tite 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 Appeah; that a notice of such treating must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town-of Southold and designated for the publication of such notices; that you or your representative have the' right to appear and be heard at such hearing. Dated:* A/c) !:I ) 0 y t NORTH FORK BEACH CONDC14INIUMS Petitioner Owners'Names• CALLAHAN Post. Office Address -125 LIGHTHOUSE ROAD (;0l1TR01 n NY 1 1791 ' Tel. No. Z )7(,S-ao31S [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BBSO 94233 PROcF r)F MA1l IN S i ATTACII C-11TIFIED t'lAZL~ RECEIPT ADDRESS NAM Z 760 485 213 Receipt for Certified Mail No Insurance Coverage Provided , ;ems Do not use for International Mail - , (See Reversal Stra a ~o. P.t~t and ZIP Postage w $ - -24 Certified Fee ' Special Delivery Fee ' Rastrwted Delivery Fee t") in Rewrn Re t to Who ate a ' t E Rewr t Showing to o Date, n0 ddressae'e TO tage'. .O eFe.~- CO Post r Date E ~s7C 8 LL STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at being duly sworn, dap°S of he Notice forth on the re ay ~r0 19 deponent mailed a true copy resses of p osite their respective sons add verse side hereof, directed to each ° ie the names of said persons[arcethe addresse tof said persons as shown on , names; that the addresses se[ opp .the current as~ssmcnt colt of the-Town of Southold;that said Notices were [nailed at the United States Post or. otices were mailed to each of said persons by l t l l ] that said N ...(cra ti • fire atied) (registcred) mail. sworn to f re me his da of Notary Public ELIZABETH ANN NEVILLE • Notary•Plubli , State of t.,w York NP M F P+ o OQoburff31,13' ( mitted to adjoi ning This side does not have to be completed on form trans property owners.) BOARD OF APPEALS TOWN OF SOUTHOI D In the Matter of the Petition /oaf 41 64 -1 clrrl0 NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: JANA HEFFERNAN PROPERTY OWNER NORTH ROAD SOUTHOLD, NY 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it ' the intention of the undersigned to petition the Board'nf 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 ad•acent to you ro tv ~a~d~ is des- cribed as follows: THE-SOUTHWEST CORNER OF SOUND VIEW AVENUE AND NORTH Rolf, Sp~{1fHULD, NEW YORK. _ KNOWN AS THE NORTH FORK BEACH CONDOMINIUMS 3. That the 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: PERMIT TO CONSTRUCT AN ACCESSORY INGROUND SWIMMING POOL IN A FRONT YARD S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article III 8e66ie1W CHAPTER 33 ] 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler•hlattituck Watchman, newspapers published in the Town.of Southold and designated for the publication of such notices; that you or your representative have the- .right to appear and be heard at such hearing. Dated: NORTH FORK BEACH CONDOMINIUMS Petitioner ~oµN Owners'Names: -JAMES CALLAHAN Post Office Address -125 LIGHTHOUSE ROAD SOLJJ Q n. NY 11791 Tel. No. ( )74!7_ae3o [copy of sketch or plan showing proposal to be attached for convenience purposes.] , BBSO 94233 / PROOF OF MAIL INO OF NOTICE ATTACH CERTIFIED FLAIL RECEIPTS AD_ DDS NAM Z 760 485 212 Receipt. for Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse) Sewn Street a N P.O. State and ZIP Code Postage $ Certified Fee 9 / Special Delvery Fee ' Restricted Delivery Fee o) Return Receipt IN to Mom b t Delivered t 2 Return R e owing to Who as Date, a Addressee 'a Address ge & Fe r TOTA Q b Fea ' Postm ko%.Dat th v" . Qs LL V) (L STATE OF NEW YORK) SS.: • COUNTY OF SUFFOLK) at /~~/~ffT~ ttC-: residing being duty sworn, deposes and says that on thC_ ~ -day 79 dcponent mailed a true copy of the Notice.set forth on the re- verse side hereof, directed to each of the above-named persons s the addresses set opposite their as shotive of names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment r of the Town of Southold; that said Notices were mailed at the United States Post Of-fice at It that sai otlces re maile d t each of said persons by ) (registered) mad.. • .....(Certified Sworn to before me this day of Notary Public ELIZABETH ANN NWILLE ; Notary Public, State of r:cw York No. 52-8125850, Suffolk Cou Term Expires October 31,19 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS TOWN OF SOUT1101.D In the Matter or the Petition of North rOf [ Pj POCLCL i I ail NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: CHARLES N. & DESPO KAPOTES, PROPERTY OV10ER ALI & ALENANDRA HCMAYUNI 111 EXECUTIVE DRIVE MANHASSET, NY 11040 YOU ARE HEREBY GIVEN NOTICE: 1. That ' e 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 ad* cent to you ro ~ndd is des- cribed as follows: THE SOUTHWEST CORNER OF SOUND VIEW AVENUE ANb NORTH ROW ~(~{1~H~LD, NEW YORK. KNOWN AS THE NORTH FORK BEACH CONDOMINIUMS 3. That the property which is the subject of such Petition is located in the following toning district: 4 That h} such Petition. the undersigned will request the following relief: PERMIT TO CONSTRUCT - AN ACCESSORY INGROUND SWIMMING POOL IN A FRONT YARD 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Signed are Article III Seet#en CHAPTER 33 ] 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) 765-1809. . 7. That before the relief iought may be granted, a public hearing must be held on the matter by the Board of Appeah; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town-of Southold and designated for the publication of such notices; that you or your representative have the- .right to appear and be heard at such hearing. Dated: Iq9~ NORTH FORK BEACH CONDOMINIUMS Petitioner J~ Owners'Names• CALLAHAN Post Offic125dLIGHTHOUSE ROAD ;0lJT OI D NY 11791 ' Tel. No. ( )745--ao36 [Copy of sketch or plan shouting proposal to be attached for convenience purposes.] , BBSO 94233 PROOF OF MAli.IN(: OF NOTICE ATTACH CERTIFIED tMIL RECEIPTS NAM ADDRESS Z 760 485 214 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sam GJ . 'treat one '&kU-t7V6 b12. eo. s to end nR code _ 4!U E/ U Postage $ - Certified Fee / Special Delivery Fee Restricted Delivery Fee - m T Return Regelp ' to Virom. ivered , t 2 Return eiR owing N Date, ressae's. Address OT ge / 0 & Fe Post r Dat= ll E LL In a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) H~ t rf~~ aR` QC) L residing at UB, t being duly sworn, deposes and says that on the day o--- 19 -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 se[ opposite [heir respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on said persons byyf the current assessment roll o`Ite'Town of Southold: t that hat said Nati fire at es wer morailed to each United . (certified) (registered) marl. Sworn to before m this day o .19 Notary Public ELIZABETH ANN NEVILLE ; Notary Public, State o; t:-w York ND, 52-842585(5. Suff olk Coyy}}~~xv , 19 Term Exa7rss October 91 (This side does not have to be completed on form transmitted to adjoining property owners.) r BOARD OF APPEALS TOWN OF SOUTHOI-D In the Matter or the Petition of ~r rl%i Farb f~Fti (ynol~ NOTICE to the Board of Anneals of the Town of Souri ld TO ADJACEUT TO. PROPERTY OWNER THERESA CZECH 4 GOLDIN LANE SOUTHOLD, NY 11971 YOU AR.[ HEREBY GIVEN NOTICE. 1. That i i the 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 ad'acent to your ro ~d is des- cribed as follows: THE SOUTHWEST CORNER OF SOUND VIEW AVENUE NORTH ROAD, bA6bllyl 606 NEW YORK KNOWN AS THE NORTH FORK BEACH CONDOMINIUMS 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h) such Petition, the undersigned will request the following relief: PERMIT TO CONSTRUCT AN ACCESSORY INGROUND SWIMMING POOL IN A FRONT YARD 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signcd are Article III ~y CHAPTER 33 ] 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals: that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town.of Southold and designated for the publication of such notices; that you or your representative have the- .'right to appear and be heard at such hearing. Dated: Alb I IF' NORTH FORK BEACH CONDOMINIUMS Petitioner 701+ Owners'Names: dAMES CALLAHAN Post Office Address -125 LIGHTHOUSE ROAD ' Gnn•rllor n NY 1 1791 Tel . No. ( ) 765- abso [Copy of sketch or plan showing proposal to'be attached for convenience purposes.] BBSO 94233 f-. ' PROOF OF MAIL INr: OF Nr1TIr:E ATTACII CERTIFIED MAIL RECEI['TS ADDRESS NAM Z 760 485 211 Receipt for Certified Mail No Insurance Coverage Provided .m""ml Do not use for International Mail (See Reversal seaHa W;_014 07FC14 Sretan o P rate and ZIP Code Postage $ ' Certified Fee a - Special Delivery Fee flestnoted Delivery Fee M G, Return ing to Date tl L o etur cei mg nom, and Addressee's 4WIF TAL atege p Feel aa'a $ sim 7 0 os a4G~ to a STATE OF NEW YORK 1 ss.: COUNTY OF SUFFOLK) ~~~Lf3J residing at 'j 01 _ being duly sworn, deposes and says that on the day pU a 19 C deponent mailed a true copy of the Notice *Set forth on the re- of Y 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 personp are the addresses of said persons as shown on that said Notes we ere mile ed t t a United St persons bOyf .'the current essment roll o hhe Town of Southold; that •fi'ce at tr~t (certified) (registered) marl. Sworn to before me this day of~ it^ ~a~ 1 L Notary Public ELIZABETH ANN NEVILLE No. 52 Public, Suffolk Co op~y Term Expires October 31, 1W (This side does not have to be completed on form transmitted to adjoining property owners.) 14.44 087)-Teat 12 PRQJECT I.D. NUMBER SEAR Appendix C State Enrimnmental 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 I 2. PROJECT NAME North Fork Beach CcndomLiniums 3. PROJECT LOCATION: Municipality Southold county Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Southwest corher of Sound View Avenue and North Road (C.R. 27). 5. IS PROPOSED ACTION: ? New ® Expansion ? Modlfication/aiteratlon 5. DESCRIBE PROJECT BRIEFLY: - Construction a 14' x 32' inground swimming pool with necessary improvements for same, as an accessory use to the existing 42-unit condaninium on same site. 7. AMOUNT OF LAND AFFECTED: Initially APProx. 1.18 acres, Ultlmateiy APProx_ 1.18 acres 9. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yea ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential ? Industrial ? Commercial ? Agriculture ? ParkFon sUOpen space ? Other Describe:" 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ? Yes ® No if yea, list agency(s) and permittapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ? Yea No If yes, list agency name and permltlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes KI No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPllcantft or oam : 0 /4- /4- L L J,f / /n n l Date., Signatur . If the a Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER BBSO File No. 94-233 1 _ 1 i Of ehiseFarm.S, Environmental Quality Review Act racuires submission before an and an mviro•naeneal review will ue case Ly uthis bm ssion % Y action s taken- f SRORT ENVTrONMENTAL ASSESSNE*IT FOIty INSTRUCTIONS. `a) In order will use current 4i:estions in this short EAF it is assumed that the P rumen tl Project and the likely impacts of Y.available information t is concerning the additional studies, research or the action. It is not expected that other investigations will be undertaken- (b) if any question has been answe sig- nificant and completed Environmental As red Yes the project may be sessment Porn is.necessary, project c) is IF not all signi£itantquestions have been an swered No it is likely that the . (d) Environmental Assessment 1. Will Project result to the project site a large ly-alter ter change or than 10 acres of land? Physically 'al more 2. Will there be a Yes : X NO _ unusual major chanq e to any unique or land form an the oe si site? 3. Wil Yes X No Will project alter or have a large e£Eect on an existing body of water? Will __Yes X No . grounarojec haveta Potentially large impact on ' 5. Will -Yes X No on adjacent project sites? s£gaificantly effect drainage flow ' 6. Will. project roject affect any threatened or endangered plant or species. - 7. Will project Yes 2L _'NO result in a .major adverse effect on - . air quality? 8. Will .Yes X~No project have a major effect on visual char- - • aster of the community or scenic views or vistas known to be important to the community? , • 9. Will -Yes X No project adversely immact*any site or struct- !=Qat historic, pre-histimportance oric,. or paleontological - or any site designated as a critical envircnmental area by a local agency? • 10, Will --Yes ENO • project have a major effect on existing or future recreational opportunities? 11. Wi es X No - ~ 11 project result in major traffic problems or cause 4 major effect to existing transportation systems? 12. Yes X No Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will - es X • No Or safety?et have any impact on Public health 14. Will ~Yos X No Project affect the existing community by tioncotfY causin g a growth in permanent Popula- more than 5 percent over.a one-year period or have a major negative effect on the Yes X No , character of the community or neighborhood? 15. Is there public eontrovers project? y concerning the I1 IL,J p~ Yes X No preParer's Signa{)t_ V o uCrLe~ iG~Yf•~~nn Represent in f? r• Z8A 4/7s gam. Qate: . ~3 I~~ • . I QUESTIONNAIRE FOR 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.) (90,4 JA 777 V\7 C B. Is the subject premises listen on the real estate marxet :or sale or being shown. to prospective buyers? {W_,'} Yes { } No. (1£ Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change ar alter land cantc•==? { } Yes { X} No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted wita this application? NO 3.. Is the property bulkheaded between the wetlands area and the upland building area? N.A. 4. If your property contains wetlanas or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea '.level? N.A. (If not applicable, state "N.A.") .F.'. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NONE If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? YES If yes,-please explain where or submit copies of deeds. S.C.T.M. 1000-135-01-22.1 , 1. Please list present use or operations conducted at this parcel 42 UNIT CONDOMINIUM and 'proposed use tnorize gnature and Date BBSO 94-233 3/87, 10/901k • • Worth }'veh 3each eamdamimiami County Road 48 & Soundview Ave. SOUTHOLD, LONG ISLAND, NEW YORK 11971 NOV I X (516) 765-2080 Unit # 22 Mrs Patricia Duffy Mrs Helen Foppiano 14 Argyle Road P.O.Box 0061 Westbury NY 11590 Greenlawn NY 11740 (516) 334-4307 (516 928-9542 Unit # 23 & 24 Unit # 25 Mr & Mrs Bill Tentolouris Mrs Irene Lisitsis 24-22 35th Street 2173 North Central Ave Astoria NY 11103 Fort Lee NJ 07024 (718) 726-1805 (201) 592-8937 Unit # 26 Unit # 30 Mr & Mrs Sozon Dissis Mrs Walter Lord 151-65 24th Road 7 Wagstaff Lane Whitestone NY 11357 West Islip NY 11795 (718) 886-0180 (516) 669-6802 Unit # 35 Unit # 39 Mr & Mrs Artemos Korkidis Mr & Mrs John Callahan 31-67 43rd Street 125 Lighthouse Road Astoria NY 11103 Southold NY 11971 (716) 728-1302 (516) 765-4996 Unit # 41 Unit # 42 Mr & Mrs Frank Rooney Mr & Mrs Adam Tourtoulis 7809 85th Street 21-69 38th Street East Glendale NY 11385 Astoria NY 11105 (718) 846-6954 (718) 278-2231 Unit (s) # 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 27, 28, 29, 31, 32, 33, 34, 36, 37, 40 Sponsers: Sam Roland & Lou Jacobsen c/o Miss Jenny Michta 6 Glendale Drive Melville NY 11747 (516) 427-4072 • 0 Worth }orh 3each eamdomixiami County Road 48 & Soundview Ave. SOUTHOLD, LONG ISLAND, NEW YORK 11971 (516) 765-2080 NOV IS 19941 LIST OF OWNERS: Unit # 3 & 4 Unit # 13 Mr & Mrs Renzo Sammarone Mr & Mrs Frank Aiello 150 Cornwell Avenue Rd #2 P.O.Box 57B Williston Park NY 11596 Mattituck NY 11952 (S16) 248-7914 (516) 432-8807 Unit # 14 Mr & Mrs John Hall 1711 West End Avenue New Hyde Park NY 11040 (516) 775-2460 Unit # 15 Unit # 15 Mr & Mrs Kyriaco Argyrides Mr & Mrs Spiro Argyrides 525 Clark Road 556 Oak Street Southold NY 11971 North Massapequa NY 11758 (718) 592-0908 (516) 798-4723 Unit # 16 Edwin Umanoff Insurance 9712 Flatlands Avenue Brooklyn NY 11236 (718) 380-7811 Unit # 17 & 38 Unit # 18 Mr Mamos Galanis Mrs Lorraine Weisburd & 20-12 20th Street Mr Murry Weinstein Astoria NY 11105 P.O.Box 142 (718) 728-6114 South Jamesport NY 11970 (516) 722-4829 : Lorraine Unit # 19 (718) UL8-3188 : Murray Mrs Mary Robinson 41-48 Parsons Blvd Flushing NY 11355 (718) 961-2962 Unit # 20 Unit # 21 Mr & Mrs Demetrois Demetriou Mr & Mrs George Vasilakis 42-11 25th Avenue 32-17 72nd Street Astoria NY 11105 Jackson Heights NY 11370 (718) 204-6672 (718) 889-3673 135 NORTH FQRB MOTEL, INC.' #2778 a3 52325 C.R. 48, Southold 4/23/82 ol(0 8 4 -.LgCcI2.u.~ - -3/i z/yi Dismissed-permission to change use of premises and permission to establish single-living unit within multi-dwelling (motel). 2rs'A R- 0 t '~s p p4 0 ~ / RO r [6. } ' • R-30 a - ° Y 3 - C ~6D ~ ~ ~ Roap. i pP )i R-80 ° 1 y9 ~y I -30 s u~ ? v { too° ~VO~ifi0211 ~E/~c~~N?~~ ~~-TOWN \ BA SOUTHOLD ! Y ? yi, 0.. •V•3N `I ' !9 L, :,_.7.~amrn.w y nun..•. .a.nne un.. f • r ~ d s t a... pN~s 60 \ i ~ p3~~ r..i ,•w N ,i V .yP :..nun +r r ~3~Y0 'nt! 4 p ? li N` !p!1 Y~~nNO { . 9001 • 4p !NY I• ° t i pNNpS JNyIS~ 5 / I t y. ~b .y i a C Ia } O 1. r ? G O dr t y • +b r l\ • <6 • n°~ n ~ Y\ ~ Ji pN~06 1_ ? ~ 400 y ?•r P • t r Y / \ a wr.• -FI- ° A • ENO ~P Na , V q I QN ./F S T" 0 N~0 . NO . RATE IT@M~ 70 4z '•t y., Y ~~i12 W~gRING COIIR`~ - N ~ ~ r~~Vq~~~ `~~!Si 4 a 2 '12 BiNOE/2 G:xJRSE Sys p P AA y aG p,.~ " ~P& -4"GbMF1ClF.4 BASE QY/RSE: Ify - RJy~~ ~,Y / 5 r 17dY ~ 67ZLJDAFc'D CONCRCTB CURE P t#Y AIJD PgvEME"T SWALE ~.F~ ?7 G'RC?eR IV, _ Ms ~'~'~/f wa s ^,h, W MbJ.yCi iy w w u F~ m r a°z >z3w q 21 4~gvq~owz 4 wrcz<ayo a nw w~wao ~ z O U N syr nra~~ q~4,4 S - 108.83 S M.98' ~ R ow~ Q eta yrs. Xej,s 0_"ay~,€?7j `caw ooo f . r o - zoonwao TcK.~ ~~"Ke ~z QF wwr p f mans ~r,~ "Wgzbf N FZO[_ - K 77A/b o°ozwomw W<lw ~S=E ~ 51,360± S0. FT. i ~r-oa~i.-oc"c~~ 1.18 ACRES± r b Zai2o• o 3 ' - g~ sun nae ras a. ~P~ ~a E o ~ 3 =r z z Eo LOl ~ ~ 4 0r 4 , M /1RS Z F ? ue 5 - 10 s - ani', o F , ''ba, L 0 0 .o 0 0 = J 'r 01 4t _ U 0 IL mo" p Y W ma0 0 D x ?j Q = m o F in a w z F, Z a a O Q " ur ' Is Mwo mmNOe ewa - Manlo u1nlRlell MVA II m° / °wL=_Lg goy z WD fax ~`/~CrQ - ryDWmW G ry'n v4 ,'t, _ W coo i:~ 1 SCALEI = 40.00' t P ORWO. BYx B.P.C. - CNK. BY: J.B.B. "zg 4 DATE: JULY. 1194 - FILE' NO, 94-233 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS'OR RECORD. IF ANY. NOT SHOWN ARE NOT GUARANTEED. 9 SHT. 1 ' -THIS ,SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS' ADOPTED C - 'VY:THE'NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. - - M '44AUTHORIZED'ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 SUBDIVISION 2 OF THE - - 'YQRK'5TATE'EDUCARON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL _ `SSED. SEAL SHALL NOT 199 CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON 'NLY.TO'THE PERSON FOR WHOM 1HE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE TITLE a, f "MIENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON 'AND - TO THE ASSIGNEES OF ]ME - - PERTIFICATIONS ARE NOT.TRANSFERABLE TO ADOITONAL INSTITUTIONS OR SUBSEQUENT OWNERS. x . - ".I' ! I ~~ii•sl 1 I pi.wlwji~rerq ilr.~~Rwfi~+wiF y siy a , 2 r ,.,7,.; - - - 77 r 1 - r V5~7 A/, - VxE WFE[Im _I QM a 40 4 1 91 G Xict _ ~9Ek PE'fA1L. - P'.[rCyy[s. - 1Q- ~s{yam Q -14- - a+n~ rwa a'H \ ,7 vQ l s ax ' - y,oy~C v° Coy~rv I~ V 1, Fem. 744 ~ : aks 83 ~ I r i '~'1 1 ~vS1F yid"", oes~' u` U CTGIL `C AL 1: =2rJ' .3 °o~F F+ea ~ Ukr " y I, t ~ "t sS' i a#y' p. P c~ ~p y~ S,~ p f 8 ~ ~"W ~ 1 7$ RQR6S~ pert ~+o ~ ~dJ.2o. } ~ alrN Q 4R ' ! j I r d ir,, Oil - _ ,Z, ~ ~ flOtKWE Ik]ICC ~ t e ~.5 1 'Y1F y T ~y 4, Y_ . K ' r r Jr. A jn "TV 6^ ~ 1" ! t' T ~ 4 "LCON©' IOL-ANM 8OU14'C;) y~ 1~''- ^I ~T .vh ' l r r N JJ~I Y? 4 " ,lam ~ QN A~, M a L „ NF]T11.2~'@ MAI!, 77 ! m 1 t'Y {{j ! 1 4 1 Lot 12 Y Q Q DEC $0 6,91CA 05, r?•r f h r.' 1 a A' 1 V { 'i Yi r 15.44~ot, SQ FT nom, rr ' a 1 ~urR a 1w , W.% MWA - 6"4EV69L r, J + m 572`91'10 E _ ~f^^'.. r I/La•uTennerT /`nao4G 5= P41 57Gtiio4RO coAaCes cutz8 I AAID PAL'EMF.. &Z AJJ 14 7s IIIE EXISTENCE OF.RIGHT OF WAYS AND/OR EASEMEN7$,OR RECORD IF ANY, 'N0t S11OWN-ARE NOT GUAPAN EEO. " S SUWy'E1" WAS PRE?SAREO IN ACCbRDANCE WITH 11111E 0ASTINC CQD€ OF PRA O,pC€ F01{ LANG SURVEYORS AbOP7E4 ^ SY THE NEW, YOWtTATE ASSOCIATION OF PROFE5SIONAL EAND'SURV€YORS SURVVORS.'~', P49 404 LAND SURVEYORS UNAUTHORIZED AL7€RATION OR ADOI710M 70,71115 S4RVEp IS A"ADIAAON OF, 9~OTPN 72p'S "~tiDDIV1Sf0trv¢.tlF THE N YygN{U'ST'ATE. EDUCATION I.A`~!. OPPIES.OF. THIS SURVEY MAP NOT PEARINO THE LAND SURVEYORS INHE6 SEAL _tRTM'HO,S~EP 9EA4 SHALL NOT EiE~CON51tl€NED TO 5E A,VAUO'IRUE DOPY. -;L*R71FfCA'R,ONS;INDICATE¢:,HEREON - SHAU: ~qUN ONLF 10,' 7NE' PEWSON FOR WTiOM, iNEBURLEY IS RRF-PAWED ANf1 qN HIS BEHAIF tO 7HETFlI£ "COgfiANY GOVERHMEN7A'L AOE, CY AND L~IDING IN^rTl'N'hbN t15'(Eb yEREON SAND tO"7N€ AssIPAE€s OF TFIE .I,ENO11gO INSC171'OQNJ 0€RTIFl'~O~ifgNS AR€ NRi''{RANSFERA)3LE, Ttl ADpt71DNAti_W~'~'I1UT.bNS:AR SU~9EOUENS, OWNERS , ~ N M1 1 7 d- 6 ~ "w. v 4 it e kP W:'