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HomeMy WebLinkAbout4314 s se ec j-~ GAS APPEALS BOARD MEMBERS ~o~oSUFFO[~ ea h Gy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. rn z P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.411 for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page' 2 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 1 0, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required to building single-family dwelling as a second use on this 1.79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). 3. PROPERTY DATA. The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds). After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft., leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is Page' 3 - Appl. No. 4314 -Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Road to the westerly waterway section), for construction of a new dwelling and accessory swimmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76'4" at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor). The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or more. The amount of actual house area which is rquested under the variance is approximately 1175 square feet (ground area). The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. The neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page' 4 - Appl. No. 4314 t Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page '5 - Appl. No. 4314 'Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. 2 GERARD P. GO INGER, CIIAIRMA RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DA*.a3~I-5 HOUR I? .5 & Town Clerk, Town of Southold APPEALS BOARD MEMBERS CIO Gy Southold Town Hall Gerard E Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. C12 x P.O. Box 1179 James Dinizio, Jr. o ® Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 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 Oi? APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 7, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4310 DONALD ALDRICH. This is a request, based upon the April 13, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant is requesting a building permit for a deck addition "as built," disapproved on the following grounds: "insufficient rear yard setback," (ref. Article IIIA, Section 100-30A.3" of the Zoning Code). Property Location: 1620 Hiawathas Path, Southold, NY; Parcel ID No. 1000-78-3-43.2. 2. 7:35 p.m. Appl. No. 4312 - JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory' gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article 1II-A, Section 100-30A.4 "Accessory buildings, 100-33 Page 2 - Legal Notico,/ Regular Meeting of June 7, 1995 Southold Town Board of Appeals shall be located in the required rear yard." The subject premises contains a lot area of approximately 61,525 sq. ft. (which includes the low land section). This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Opeehec Avenue and Osseo Avenue, Southold, NY; County Tax Map ID No. 1400-87-3-24. 3. 7:40 p.m. Appl. No. 4313 - ROY SCIIOENHAAR. This application is based upon the May 10, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for accessory shed to/side yard area as exists, disapproved on the following grounds: "Article III, Section 100-33 requires accessory structures to be located in the required rear yard." Location of Property: 64300 Main Road, Greenport, NY; County Tax Map ID No. 1000-56-7-2. 4. 7:45 p.m. Appl. No. 4311 - ANDREAS VASSILIOUS. This application is based upon the April 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for pool with deck as an accessory structure in an area other than the required rear yard pursuant to Article IIIA, Section 100-30A.4 of the Zoning Code. Property Location: 585 Inlet Drive and Summit Drive, Mattituck, NY; Cpt. Kidd Estates Lot No. 87; County ID No. 1000-106-2-1. The subject premises has a noncotiforming lot area of 25,000+- sq. ft. and is located in the R-40 Residential Zone District. Page 3 - Legal Notice-' Regular Meeting of June 7, 1995 Southold Town Board of Appeals 5. 7:55 p.m. Appl. No. 4315 JOAN AND STEPHEN LATHAM. This application is based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a variance to amend building permit #224912 issued April 17, 1995 for the modified location of a new single-family dwelling, as built,ga:id shown on survey updated May 12, 1995, which has a reduced front yard setback and reduced southerly side yard setback on this corner lot. Property Location: 60 Rogers Road and Orchard Road, also shown as Lots 2 & 3 as combined on the Map of Beixedon Estates, Southold; NY; County ID No. 1000-66-2-18 & 19 (total lot area containing approx. 17,000 sq. ft.). 6. 8:00 p.m. Appl. No. 4314 - JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice oC Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel- R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. Page 4 - Legal Notic~- Regular Meeting of June 7, 1995 Southold Town Board of Appeals 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4)_ 7. 8:15 p.m. Appl. No. SE-4246 - LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Page 5 - Legal Notice,' i Regular Meeting of June 7, 1995 Southold Town Board of Appeals Main Road, Mattituck), and is located in the B General Business Zone District. Property ID No. 1000-122-6-26. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. 'if you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 18, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x n FORM NO. 3 - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .....MBFAh.?9 1995... Christine Nicholl Ltd. as agent To -for. •Jame.& -Mil-lerj- contract vendee ......405. S.auth..C4uvty..8oad Brookhaven, NY 11719 PLEASE TAKE NOTICE that your applicationxlxted received.Mamb.1p, 19.9 5. _ for permit to 00n X91`-fai°ly d~''~l?ng_with decks, a cY pool, and retain use of boat basin for Paradise Point Association, Inc. as built at exrsLzng c3odcs Location of Property ....580.Basin.liiad SuAhold.................... House No. Street Hamlet County Tax Map No. 1000 Section ...81......... Block ......1....... Lot •18:7 (fonterly part of 16 and 17) Subdivision Faradise.Pnint„ Smi Filed d Map No.... _ 376......... Lot No. rpt is returned herewith and disapproved on the following grounds ~)•,jhis.parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as 'a building lat; Sec£ion 100=281A=7 'Single'&'sepdrate'search°required back to 1957; 2) Approval required by Board of Appeals to build single-family dwelling as a second use 'on'this'1:79=acre°parcel: R=80 Zone regr~ires•80,UOQ.sq=•?C=.Rer,use,(or 120,000 sf) Art. III: Sec_ 100-30A 3) Approval is required-from Board of'A%eals under. AArticle ~)DOSI Section'100-239.4B for 7PCatioD.of~?!~?th.dedcs at less than 75 feet from the edsti.ng bulkhead;: 4j ..AppEV-a~-. to aw d Filed Map as a~aroved by the P14ning Board for Paradise Point, Section One, pa taining to -Rture'F.xtension" of Basso Roan and use o tfus.paic as Notet••~oPY~Xance_of land (new 17 on CTM) not found on Town subdivision map. Ch. 100 5) Approval required from Town Trustees and NYS Department of Environmental Gohiervation fgr.p1 activities and construction. ............................................s...................... Buiing Inspector iv 1/80 BOA-NO OF HEALTH . ~ • FORM NO,1 '3 SETS OF PLANS TOWN OF SdUTHOLD SURVEY . - - . BUILDING DEPARTMENT CIIGCK - . SEPTIC FORK SOUTh. _j, N.Y. 11971 TEL.: 765-1802 t:DTiFY; CALL Examined-(rA... 191. MAIL TO.: Approved 19 Permit No.... , . Disapproved a/c........ . - (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ~ 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stteets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary i ¢ections. (Signature of applicant, or name, if a corporation) (Mailing a&ressc'f'e icant)71f State wfisether applicant is owner, lessee, agent, architect, engineer, general contractor, elect ician, plumber or builder. cy:Ci/.1~T.. (/.l!~.i.....:.... , , Name of owner of premises . I?1117~ ot~.So.V.?:~.4D: ~!.tG......... (as on the tax roll or latest deed) 'f applica i corporati ignaature~off duly a horrzed officer. me and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No . . . . Other Trade's License No . . . . . Location; of land on which proposed work will be done. K~//%/~fUlS tiir•^ ~~J/ tl IC , i ..Q??.............01171?1.1.? House Number yy~~Street y Hamlet County Tax Map No. 1000 Section . Block ...l. _ Lot Filed Map Lot Subdivision ......I.. No . (Name) State existing use and occupancy of premises and intended use and occupancy/ of proposed construction: a. Existing use and occupancy ~C• . • • • b. Intended use and occupancy .,111d1rly.G~71!hIGE~• ~Cl~~//1. • , ~~1/( 3. Nature of work (check which aY plicable): New Building Addition Alteration , . . Repair Removal Demolition Other Work - (D-scription) 4. Estimated Cost I _ . (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwe iiing units on each floor , . :~_'If garage, number of cars . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . 7. Dimensions of existing structures, if any: Front Rear Depth Height Number ofStories Dimensions of same structure with alterations or additions: Front Rear . . . Depth Height Number of stories - , a , . . Dimensions of entire new construction: Front . Rear Depth , , . , . . , . Height Number of Stories 9. Size of lot: Front . . . Rear Depth . 10. Date of Purchase ..;01WZD./ , . , . , , , . • . , , . Name of Former Owner . 11. Zone or use district in which premises are situated .....40-RIO . 1 Does proposed construction violate any zoning law, ordinance or regulation: ~3 Will lot be regraded ...........Will excess fill be r ove erp fr'c,JT~ premises: Yes No 4. Name of Owner of premises Js E 0.L..*.A DAddress J~. 7d OU Phone No. . . . Name of Architect Address Phone No...... Name of Contractor .41N.k,,4441 q............... Address . Phone No. 15. Is this property within 300 feet of a tidal wetland? *Yes.... No..,.,.... *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or propos d, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether Mteriocorc rner lot. . 3oll-7- TATE OF NEW YO,RjG S.S OUNTY OF . . 4~ nN, a A(I elk . . . . being duly sworn, deposes ands says tharahe is the- applicant (Name of individual signing contract) )ove named. a is the 14 . (Contractor, agent, corporate officer, etc.)' said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. orn to before me this day ..............19of .5 tary Public,. ublic . County DENISE M. LUCAS - . , . Public, Stal~of New York • • • • Notary No. 4g385u6 . (Signature of applicant) Qualified m Suf3otk county ' f n..•m ice+nn Puf3f`PC L115C"~IS1 1, 19~ ° R E c E i Y E904 PA ; I A-.4 A) C.E~rnjw!r MAY 17 1995 TOWN OF SOUT ,(gVowwwwak APPEAL FROM DECISION OF BUILDING INSPECTOR -APPEAL NO. DATE ..~./...(.vr 0 THE ZO ING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. C1iRta wf~ Ica 'At2r+t'to,* e) Barbara & JaTes Mil.ler ~ of Box 610 Name of Appellant Street and Number Calverton ...............HEREBY APPEAL TO Municipality Stote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED .......,.3. . WHEREBY THE BUILDING INSPECTOR DENIED TO Barbara & Jarres Miller=.C/O Christine,NicholI Ltd., Agent Name of Applicant for permit of 405 So...Countr Rd. Brookhaven NY . . .Y Street and Number Municipality State (X) PERMIT TO USE a ( ) PERMIT FOR OCCUPANCY 580 1. LOCATION OF THE PROPERTY in Rd., Southold, R-80-Residential Street /Hamlet / Use District on Zoning Map District 1000 Section 81 Block 1 Lot16.7 _...._._...........•Current Owner See' BeloN* Map No. f U45M'Nd Prior Owner Paradise Point Corp. 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 & Section 100-30A, 100-281A-71• 100-239.4B XXIII 3. TYPE OF APPEAL Appeal is mode 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 230A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (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 r................ REASON FOR APPEAL *Qnmers: Chancy Curry, Gilman Hallenbeck, ( ) A Variance to Section 230A Subsection 3 Garry Sinning, & Paradise of (X) A Variance to the Zoning Ordinance Southold, Inc. is requested for the reason that applicant wishes to build a, single family dwel I ing.wi th decks & pool as a second use, at less than 75' fran the existing bulkhead. Applicant requests .Tending filedrrap for Paradise Pt. Sec. 1 regarding use of this parcel as a building lot, as lot is 1.7 acres in R-80 zone (80,000 sq. ft. per use) Fbna ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is surrounded by water on three sides and is only partially bulkheaded. It is irregular in shape and has grading variations. This lot was always intended to be a separate building lot for a 1 fanily dwelling and the square footage substantially cm -plies to the A-80 zoning requirarents. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the hardship created here is unique in that there is an easarent on this property for parking for the Paradise Point H owners Association. Although this eassrent utilizes less than 25% of the parcel, the zoning ordinance requires 80,000 sq. ft. for this parking use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject parcel substantially can-plies with the zoning ordinance and conforms to the surrounding properties. The construction of a single fanily dwelling on this site would not adversly affect the surrounding area or property values.. r STATE OF NEW YORK ss .............9......... 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This COUNTY OF SUFFOIX ) e 9 Vroi'Big March - '29, 1995 NAB&'df N Gal issued. _ n by the Bbddhug 1B1fAe Whefein 1 ~J1L' ?~v (A)&jQAL Of Mattituck, dCahts atA teh1i 11 in- 117 building in said County, being duly sworn, says that he/she Is NOTICE OF 06 It 16 locate Anew single-family PUBLIC HEARIN09 dwelBhg disapproved oa the follow= Principal Clerk of THE SUFFOLK TIMES, a Weekly NOTICE IS. HERESY GIVEN, 'In gt6Btlda?"- pursuant to Seeded 267 of the Town `T I 11mIt f aictd of 1.99 Acres is Newspaper, published at Mattituck, in the Town of Law and the Code of the Town of --°'Act 1116 it on the Map of paradise Southold, County of Suffolk and State of New York, Southold; that the folldwing public `4'41614 Secim One, is a building hearings will be held . by the 0lot; Seedon Jo0-2190. Singleand and that the Notice of which the annexed Is a SOUTHOLD TOWN BOARD OF separate hatch fegWrid back to APPEALS, at die Southold Town Hall 1957 printed copy, has been regularly published In said - r 53095 Main R6ad Southold New " 2 ApproWtiquiredby8oardof Newspaper once each week for weeks York 11911,1811 WrIlINESDAY, Appeals to build sifilliv atnlly (Q da JUNE tI00 iuEtltlfWh6ing at the ~!''da'ellldg is A second bee b6 this successively, commeUClai>Z on the y of Nm3d0.bLSidtl71'"* 1179-acre parcel. Rindn2arAkW pto. AAQ I.7: J 19=1JC er 7:30 .ni. Apits`f18C¢310 i-- quire) g0,0o0 s9 fl. bflen DONALD ALDRICWThl lie re ' bye (df 160,000 sq. R.), Article fit. quest based bpon did April 13, 1995 Saefidi1100a0a Notice of Disapproval issued by the 3 AppteivA) is tequired from Building Inspector, id Which applicant Board of Appeals Under Article to requesting a building peheit for a XXIII, Secdad 100-210.411 for lo- CHRISTINA VOLINSKI deck Addition "as built,", disapproved chdo6 of dwelling with decks at less Notery Public, State ed New York Principal Clerk on the fdbAWlng gmunda 'iiieufricient than 75 feet from the Waring bulk- No 6004884 /~p rear gotktback,' (ref. Article IIIA .o""head; Qualified in Suffolk count y1~/1 Sectiotl 108 30A"3" 61 th6 $oning " Val H46litd to amend Commission Expires NOV 6$'aS''approved by the Hlawathlithtly Southold, NY Parcel . Planting Board for paradise Point, ID No. 1000,78-3-43.2. -1 ~,ti ffieeBbN One, pertaining to 'Future. 2. 1:35 fl.m. Apple Ndr 4312 ExtifiAbo' of Bigid Raid and use Notary Public JEAN Carr HOLLAND=LONG- `61' this paiicel d A budding lot. Ch. NECEER"iind E. KIRK-HOL- ` ""-100 aid Ch to8 ' LAND. This dppikation Is based upon "1.dcsbon of Property: 580 Basin Road, Sworn It Belpre me this the May 5, 1995 Notice of Disapproval ° Southold, Paradise Point Section One, issued by the Building. inspector, .Filed Map No 3761 filed April 11, day 1 wherein applieaht It fiAuesting a , 1963; also known as 1000-81-1-16.7 building permit for ah Accessory gaze- "(foritlerly part of 16.4): be (as exists), tusspproved on the tom- 1, 8:15 p.m. Appl. No. SF 4246 - lowing geoun&'Vatlance'under the Oct CORP. (also frefefred to as Zoning Ordinadce Article 111-A, Oceatl City of Joists, Ind.) This hear- Section 100.30A.4 "ACd'essorq build- Nng It putsaint td resolutions of the ings, IOW11 shill be located in the -'.°Buitid of AP*l§ adopted on June 13, required rein` j ird.u The 'subject., #1994 and 6h' MAyr l5: 1995 to calendar premises contifn"5 A lot'ired of ap+" .'?VWt6kidet'the Ilse and operation of proximately 61,523 &4, ft. (which in= ` a"thd' establishment known as "Ocean nudes the low land section). This prop t')` Cityy" and pursuant to Condition No. 6 erty wag h 1989 zoned R-40 Low- 4"ofZBA'Decision rendered June 13, Density Residential."-Property. s'-'1",l id ithich A Special Exception use Location: Comer of Opechee Avenue '4VViII'6xpire eni-July 31, 1995 for said and Osseo Avenbe; Southold, NY; 't"' drinking establishment and for which County Tax map ID No., 1000-87.3 "Said Special Exception Is listed as an 24. - , allowable use under the provisions of 3 7:40 titI ~Appl. No. 4313 - s the Zoning Code it Article XI, Section ROYAL ISGt10ENIIAAR. This 11!100-1018, subject to Apeciflc. condi- application is based 'upon ft May 10, P`Uohs And te4bittm6his pertaining 1995 Notl4M bf fAtepjh6'va1 issued by "'rlhereio.'T8E'jSFdillile'S it known as the Building Inspector, wherein app8- 6955-Main Road, Laurel (near the cant is requesting a building permit for '*ittileKe@tlSdofBrey'A ilinue, Old Main accessory shed in side yard area as ' Rued. and Mali Rodd Matdmck), and exists, disapproved onthe following is located id itut B General Business grounds: "Ardcle`lil, Section 100.33 b Zohk District: Property ID No. 1000- requires accessory structures to be 122-6 26."';" located in the required tear yard." Board of Appeals will at said Location of Property: 64300 Main 'Iiuig And place' heat"Ahy and all per- Road, Oreenport,NY, ; County Tax ions"bt;leprelieiflativo desiring to be Map ID No. 1000-5&7-4` hesfd Ih the 4660 matters. Written 4. 7:45 p.m Appl i' No. 4311 . "t`comts}etib may AIS6 be submitted prior ANDREAS VASSILIOUS. This 10to'did 86n6hisl6B of the subject hear- application is bated upon the April 29, ` ~ ing. Path hearing will hot start before 1995 Notice of Disapproval issued by the fienei-detignitad above. If you the Building Inspector, wherein appli. L"?+twith -to review the files or need to cant is requesting a building permit for request Inure information, please do pool with deck as an accessory strut- not hesitate 16 cell 765-1809 or yisit tare in an aiea other than the required out office. rear yard pursuant to Article ILIA, .;{ay Wted: May 18; 1995.' Section 100.30A.4 of the Zoning - BYORDER OPTHE SOUTHOLD Code. Property Location: 585 Inlet TOWN BOARD OF APPEALS Drive and Summit Drive, Mattituck. GERARD P. GOEHRINGER NY; Cpt. Kidd Estates Lot No. 87;"„„ CHAIRMAN County ID No. 1000-106-2-1, Thellb1*' By Linda Kowalski subject premises has a nonconforming~!`~4' 8342 ITMy25 lot area of 25,0003: sq. R: and Is locat- ed in the R-40 Residential Zone District. ^^5 ~:55`p:m'.eKllpl:'No."4315 JOAN and STEPHEN LATHAM. This application is based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a vari- ance to amend building permit 022491Z issued April 17; 1995 for the modified location of a hew single-fam- ily dwelling, as built'aud shown on survey updated May, 12,-1995, which, has a reduced "fr`ont' yaid setback and reduced southerly side yard setback on this comer lot. Property Location: 60 Rogers Road and Orchard Road, also' shown'as Lots 2 At 3 as combined on the Map of Beixedon Estates, Southold, NY; County IDNo:.1000- 66-2-18 & 19 (total lot area containing tv yl STATE OF NEW YORK) P/ i ) SS: COUNTY OF SUFFOLK ) • 1'tlsldC HEARING Y:,MOTtCB Gl of Mattituck, i31BRHBY GfY$N,' pmsuam to Section 267. of the Town in said County, being duly sworn, says that he/she is law and the Code of the Town of SownoidRttiee,tr~6uowfnepubff Principal Clerk of THE SUFFOLK TIMES, a Weekly hearing,"" ba field era Regular -"T-50 pro Appeal No: 4314 - Newspaper, published at Mattituck, in the Town of Meeting of the SOUTHOLD TOWN JAMES and BARIlARA 11>ti.LE& BOARD OF tIpPBALSr, st:;th Southold, County of Suffolk and State of New York, Southoik as ifail; 5309S-Mat Paradise se of f Southo Sow t(Oa' SaRcts;_ Road,. swtmld<New Yodt stmt, ou aradld. Inc_ and om- , and that the Notice of which the annexed Is a WEDNESDAY"`AUGUST 9 -1995 as ' continued" of last 11Cd Anted coy, has been published in said a , L IF over horn Jane- 7194) arhd fnrthw p P regularly c& commencing a the tlmas speciR pos onement'fremJdy 12th-per Newspaper once each week for L weeks 3c30 pm: Appi No 3319 request of aaoineys a~pP~iRe~nt~. suC ely, commenncl on the a day of YOSHIMASAOSATO (Cwryovw `Location offf.pa paradise ~ _ 19~ from --,luly~12:1995,BropaededY ($OOm°~' ;also fion wkh hyudisabsek One Fled Map 376 -Q 35 Se."- Coder Beach knowl 1000=81-tft6,x formerly Road, Sontleld. ?~r Part of 16 4) Thin rcgnest ra'•~hiaed /t ' Bill. 7:35 pm;~Appf. No-,, 4324 01`01,'. he March- to 29t-tI N Bmldmg acrion'of'I CHRISTINA VOLINSKf ll RICHAR MAIfTN& * Yarianc d w hicrai val by the: l uempeetor, Se n aPPhc am reqstlng a Notary Puo State of New York anand, d Artlck~llA, - bui)dingpermitmloate anew stogk-~ No 5004884 Prind Clerk and:Amela ]FltlSecuom] famiCy dwelling, disapproved on.the Qualified in Suffolk Counttyy pal 239.48 based upon Jie diaappaw -I Commission es November 23, 1 action of the Bufkbng foepectts dyed foBorvrnggroumds:-_: , _ July-Xpplim ptopuetaaot shown an p fof f 79 acres is Poin of the construct deck addition at drum of n existing dwe9ft:whtch-wllkhim an, Section One, as a budding la: Section insufficient side yard setback or imaf-. 100-281A-7. Single and separate Notary Public ficient setback _.from bulkhead.. The search tequmdbedc,m 1957- subject properiy.ia. noocohtformiag _2. Approval .requircd by Board-of having&lot amaof-16.975iq.. R'md: Appeals to :build single-family a IN width of 50 fact. Iacedoo: 2055 dwelling as a seeood use on that 1.79- Sworn t fore a this Bay Shmehoed}'alea referred to =I acre parcel. R-80 Zone requires. Lot 34 on thoMSWofPeconic Bayi 80,000a4, JL of land area per use (Or day o 19 0.90 R.), Article Ill,- Section Bstetet, Grampian; pined ID 111000- 16 0 53.4.12- 7:40 p.m. Appl No 4325 - _3,AppmvAJarxprh from goad THOMAS McCARTHY. VarLoc of Appals under: Article X1fJII,.SeF under Article lilA, Section-100 tion 1O -239:4 for',location of dwe0mg with decks-at leas than 75 30A.3, based upon.thee disapprovaA actim of theBufltbog. Inspector dated Bet 4om't6e eihating buahad...° July 18, 1995. Applicant is rcquatiog -7:55 pm RE-VEARING:of APPL- permission to exceed I ft coverage in No: 4129 - BREWERS YACHT, t2,, YARD,aINrd G Ba Resolledution, upon a rOte a eleJulysring is order to extend porch. addition des 1995 Bou huger than that permitted under{ lied for Building Permit No: 22881 issued held mm•coosrda the use ~ 7/12195- Property l oca mic.. 375-King. by Brewer Yacht Yard at GrcenPort,'. Street, New SuSolk, NY; Parcel IDI lag'ou September2: 2992; under #1000-117-07.83, alw refined to . as Article XIl"Satfoo-100-t21B(1), I Lot 03 on the Miner Subdivision Map ~SPecial B:cePtiun #4128, foh:foud ser- approved 6/13194: - i~nc~esa to is marina panda and odhem 7:45 p.m. AppL. No. 4317 SuMectPm-witicaseditidichl 13 EDWIN and DONALD TONYES. Zone D~sict;;demtified as Pateel No. (Carryover from July 12, 1995 for 1000-43-3-2::Strcet address:2530 continuation). Property location: mandemerAnnor,Gmtmpurt:My 55465 Main Road, Southold. HE The Board of Appeals will st said Zone District - time and place hew any and all pa- sting or representatives da'uing m b< heard in the above matter. Written comments may also be submitted befom or during this hearing. If you wish to review a file or need to re, quest more information, phase do not hesitate to call 765.1809 or visit our of ia. Dated: July 21,1995. BY ORDER OF THE SOUTHOLD • TOWN BOARD OF APPEALS GERARD P. GOEHRDIGER PUBLIC IINARING 7:50 p.m.~l. No. 4317 STATE OF NE ORK ) ONYES SS ) : NOTICE IS HEREBY GIVEN, EDWIN and AID Ta' This -a a Rquect for a Special Ex ONYES pursuant to Section 267 of the Town I tion under Article 171, Section 1 COUNTY OF SUFFOLK ) Law. and the Code of the Town of 91 B, for permission in convert exist Southold, that the following public jog building, in this Hamlet Bnsian ! A~ 'hearing will be held at a Special (HB)Ton Uisnierf"Mmanglgfamfl e--- 1 flt~ f~( of Mattituck, Meeting of the SOUTHOLD TOWN dwelling to tonhrple:t(wemmm err BOARD OF APPEALS, at the natively two-family. dwelling with In said County, being duly sworn, nays that be/she is Southold Town Hall, 53095 Main ,Hail,~,~,e,ubj<etlotwithexist- Principal Clerk of THE SUFFOLK TIMES, a Weekly Road. Southold, New York. 11971• on ing house contains a. total area of WEDNESDAY, JULY 12, 1995. 10615sq,tt.andisidentifiedal1000• Newspaper, published at Mattltuck, In the Town of commencing at the time specified be- 62-1-14. The applicants-also Have an. - Southold, County of Suffolk and State of New York, low: lotmfiedu 7x30 p.m. Appl. No. 4316-03- IODD-a-i~ tdet CMM 09 appro~h a and that the Notice of which the annexed Is a CAR and BETH BLEVJN Thu I a ly 10,500 sq. R in arse which is being printed CO Variance based upon thy Mayf 11, offered in thisProject to increare the P PY+ has been regularly Published In said 1995- NotkeofDisapproval issued'by available Ind area. Bah lots are locus-, Newspaper once each week for weeks the Building Inspector for pennissim ed on the north skin of the Main Roa- ro ¢ktcarc dwelling and garage addi- Southold amdarmin the HE Zone suC vely, Commenel_IIg on the -c;?q day of rim which will ham irouffnaew fiant:. Duttict. l . it a : 19 C~3a~.d and side yard setbacks. Article lW 4 9:00 p.m. Appl do 4322. - Section ;100-30A.3`Locatiorrof~ WILLIAM GORDOW V-arfart e Property: -640 Haywaters Drive (and bsred'upon due Ma}24 1995 Notice' Mason Dndei4C1utchogue N.y`;r bf Disapproval of,the Building.;la-I l -.~dA l1l' l ~Q,~ County Tax,Map Parcel No-71030- spccW where applicant, Wrequesriog; CHFUSTINA VOUNSM 1045.23.Zoan Da ~s permission to construct gangs ~y Pakiisa $tON of NOW York ; 7.35 pros App !7 deck ad tons whictiimIl have innhf- No. tiOO46lN YOSHIMASK,x,-Kt'[tsffIMJVa - fidmr pnat,Yao3aeibedu-RePArtick in cowar Principal Clerk Variance based spear Mgt, IHA. Section I00 V t4atlir tiOlO1R(MIOa 110YOIIIkOt 2% 19~l((J -t9p6^Notkr OC issued Propeng: 1030 RjadwataiRw" theBmldirhg _pmt! catchogawComtybel>aik7t- to eomtruct en a1 W&bu to dwe 100D. Section iO4.111"9: Y(~ t-,IJ N'~~ g;Oj Ron Appt Nb.437D ffrop which will have an insufficient heart yard setback at 35 Sunset Way and k &B. pNppsaf-E:t D). [AS'f l Notary Public 3250 Cedar Beach Road Southold. WR414DRVELOPI&IMCORP;:- Zooe Disbmr R-40. tfie.'Kowt ec Property 7:40=.p m.Appl.'No 43f8'= onIUagrStrcetlieiweeaThted`sn Swo beforeme,this HENRY:'RUTKOWSBI Thts is a Second Streets. New Suffolk, N:Y., variance based upon the Notice of identified ar 1000-I lt-8-~ requesting Pday O - 19 Dtaappmvil issued by,(he. Building. approval of one of tlhe following two Inspector, dated May 31.1995 for per p upmals. ` Kf5 :m. Appeal o. 4 mission to construct an addition which PROPOSAL1 r i' 1 s JA11,4.ANIt:BARRAWYMH.LER... will haw: insufficient rrat yard setback A. Special Exceptiou..Article lM Contrw Veudeea:!(OwO=1/Sellers: and which places accessory SIMPin a Section 100-3DA.2: for Permission Paradise of Southol4lnc: and Others). side yard, Article. IIIA, Section I OD- eatsblish Accessory' Apartment use i Continuation of hearing carried ova 30A.3 and Section 100-30A.4 (ref. jernyion.withprincipalsingle-faro from June 7, 1995:. Location of coA 100.33). Location of property: 18275 ily. use ae provided, by., Article III Property. 580 Basin Road. SonUhold. -Main Roa$' Metrituck, N.Y.; County Section .100-318(13)..... N.Y:. Paradise Point Section One. :'pax Map Parcel No. 1000.115-2.11. - B. VMM= under Article Ili, Sec Piled Map 3761 filed4111163; also zone District: R40. _ tion 100-31B(13t)for permission known as 1000-81-1-16.7 (formerly 7:45 p.m. Appl. No..:4321 I utifien existing fl" area for the Ac pan of 16.4), FRANK. PALUMBO, saContract . cessory Apartment at a ratio Of a i The. Board of Appeals will at said Vendee (Owner. County of Suffolk/ proximately 50-50% (instead of 40- time and place-hear any and all Pe* Mary Murphy).. This is: a:. Variance - 6o%) as livable floor amts.., sons m. mism adves dewing to be based upon the June 15., 1995 Notice OR, Proposal Il, ar follows: heard in. the above matter. Written of Disapproval issued by the Building C. Special Exception, Article Ili: comments may also be submitted inspector- for permission to construct Section 100.31B-t for approval of a - before or during this hearing. If you dwelling with an insufficient front two-familp:dwelling.and: related ac. wish to review the file or need to re- yard setback and withim100 fat of ten cessory, uses in an existing "forme quest mom )nfwmwou, please do nee ~ Long Island Sound bluff or bank Also supcrmndmelbuilding - hesitate to call 765-1809 or visit our requested is a Variance under New, D. Variance under Article IX, office. York Town Law, Section 280-A for: Section 100-92'--(Bulk Lot Six. Dated: Joan 26, 1995 minimum improvements for-access by', Schedule) for approval of lot area as BY ORDER OF THE SOUTHOI.D fire vehicles over a private right-of- exists of 21,430 sq- R. for two-family TOWN HOARD OF APPEALS J!R way or Easement Amts: Commennn8 uain this HB ZoneDistrict. GERARD P_GOEHRING N at a point along the north-side of CHAIRMAN Oregon Road, Catch ogue, along. the By Linda Kowalski westerly side of lands of Hokin, over 8400-iTJ129 iantls now or formerly Baxter and oth- ers identified as Lot 1.9,. Block I. Section 72, thence extending northerly approximately 1035 feet to. a. point, thence numing in an easterly directi approximately. 375 feett to the applf cant's parcel of land identified a 33. Block Z Section 73, District ION. all as, shown by survey dated June 7 1995 prepared for Frank and Louis Palumbo. 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. i S x111 ~ h OWNER(S) 6F RECORD : C 0 FW arcs ?s ou-I~o I ~ S A ~ Vcnd ~ ATE OF PUBLIC HEARING: tk" E "71 lq95 s If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD 0 (516) 765-1809 1b I a BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x ;::rte In the Matter of the Application of h ~r } l~sYk_~'x1. BARBARA AND JAMES MI a cor'mi Piet,' 1n s' 3 shd"r 4 tar rwmery s S _ . 4 Meb. i C h to the t paradise of Sou n card ro YW tMdna on me nwns of VIA form so ewt we cam' f ~w1 p son (OWner ft, r form to tM hone of fee): i4" tit's Inc. and Others) win' f?,p "1e mom, or on the aa, it MR" t • TMfl*NAswm mR~ ~p~td--m- s14Nab.bw ms Addruus'sAddren d@ew,,d. p, win Mow to wtgm Mesh was ds*vww ywnb 2. ? Restricted Delivery 3• Article Addressed to; k for fee. Article Number 411. Servi°e Typ /4{ 0' Q O Re~ ? Inwred U sn~ Ir oQ ~-V tl-t t ~3YrK+iO I?~'xo~ MjfV R E rm R.wIPt ror { IPA" Id -,7 7. Dots of, cc 5. Si to a IA sso) being duly Addresae'o sworn, dep S. A a e. Signsturs (Agent) and fee i. wWIWdy N That on the PS Form property known as "58 - rDsc11 nter1881 ~rLRaPfkteN-afe714 placing the Town's officia nn---" DOMESTIC RETURN RE facing the road entrance at the property, and t t the poster remained in place at least seven days prior to the date of the public hearing (date-_ of hearing noted thereon to be held June 7, 1995.) Dated: May,711 1995. ure) APPEALS BOARD MEMBERS ~O~O$UFFO( NCO Gy Southold Town Hall Gerard P. Goehringer, Chairman a < 53095 Main Road Serge Doyen, Jr. CIO x P.O. Box 1179 James Dinizio, Jr. 5 Southold, New York 11971 Robert A. Villa A O~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board Chairman and Board Members FROM: Board of Appeals DATE: April 26, 1995 SUBJECT: James Miller Project 1000- 61-1-16.7 17?) 4/95 Notice of Disapproval issued by Building Inspector The Board of Appeals has reviewed a SEQRA coordination request made to our office by the Southold Town Board of Trustees pertaining to the proposed location of a single-family dwelling on the above premises which contains an area of 1.79+- acres at the westerly end of Basin Road, Paradise Point, Southold. It was also brought to our attention that an application was subsequently made for a building permit with the Building Department - for which the above referenced Notice of Disapproval was issued, and furnished to us (also having jurisdiction for setback variances). Before the variances are filed with our office, the Members of the ZBA have asked that an inquiry be made of the Planning Board as to whether or not the lot, as shown on the survey submitted with the Town Trustees' and Building Department offices, was approved as a building lot. Apparently, the major subdivision map filed at the County Clerk's Office shows a larger lot than is now under consideration. In the event your board finds that the lot requires further processing by the Planning Board, it is the position of our department that this will need to be clarified and confirmed as a separate building lot for the purpose of a single-family dwelling for all interested parties, as well as the town offices. Please confirm whether or not this lot as shown on the survey is in fact a separate building lot approved by the Planning Board and whether or not this map is valid today under the current subdivision regulations. Thank you for your review at this time. cc: Town Attorney Laury Dowd 1~, a~• • t Alberti. Krupsid, President Town Hall John Holzapfel, Vice President o° 53095 Main Road w x P.O. Box 1179 William G. Albertson Southold New York 11971 Martin H. Garrell Peter Wenczel 41 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 1995 \ Christine Nicholl, LTD The Brook House 405 South Country Road Brookhaven, NY 11719 RE: James & Barbara Miller 81-1-16.7 Dear Ms. Nicholl: The Board has tabled any action on the above referenced project until such time that the Zoning Board of'Appeals has made a decision on whether the lot is buildable. If you have any questions, please do not hesitate to contact this office. Sincerely, 9, Albert J. Krupski, Jr. President, Board of Trustees cc: Bldg. ept. ZBA BLAKE & EADERESTO, P.C. Attorneys at Law Please reply to: Patricia M. Blake ? 160 South Ocean Avenue Annette Eaderesto Patchogue, New York 11772 Tel: 516-475-5252 Fax: 516-475-6013 18 Railroad Avenue P.O. Box 1186 July 10, 1995 Center Moriches, NY 11934 Tel: 516-878-2282 Fax: 516-878-6803 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Ball 53095 Main Road Southold, New York 11971 Att: GEARD P. GOEHRINGER, Chairman Re: Application for Variances (Miller/Sinning and Others) Dear Mr. Chairman: Please accept this correspondence as a request to adjourn the above captioned matter from July 12, 1995 to August 9, 1995. Thank you for your attention to this matter. Ve my y r , ETTE EA RESTO AE/mm cc: James and Barbara Miller Judge Boyd Christine Nicholl VIA FACSIMILE TRANSMISSION AND REGULAR MAIL: 765-1823 AM - 8 Iga5l~dn~ m MAP OF PROPERTY u AT o PARADISE POINT SOUTHOLD, N.Y. Avast 2. 1995 'ryT Q ' 9,0,1 SCALE r ` 0' 50' 109 m TOWN i 1 BASIN u• t \ 1 a ' BASIN u ROAD a RIGHT \ \ ( J , OF WAY PROposSD (12' X lag \ \ VAN aasiod / o SUFFOLK CO. HEALTH DEPT. APPROVAL H S. NO. r i i STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE LA SUFFOLK CO. DEPT. OF HEALTH SERVICES. y r DNS ag" / !Sl .mill \ " 1; i k~:. i APPLICANT i - a`~' _ p r•'; x- SUFFOLK COUNTY DEPT. OF HEALTH i SERVICES - FOR APPROVAL FOR 16 sy% • / I' 1`. • aOpjv CONSTRUCTION ONLY 1. / ~gn cQ~ 7(oO ` DATE. i de,- i HpU•E ~`I L _ H. S. REF. NO. :s. ~ ~ Grnip• r ~ e5 ~ - APPROVED' ~.}o+a![5 wa, tb- it b ~ro ~ " } - ` sIt' w SUFFOLK CC TAX MAP DESIGNATION: .f `F6\ 4 m b oo' irnd°til ty ,}3f`~~~ - ° y DIST SECT. BLOCK PCL. ar" _.e, r 1, 'K y tf. f y OWNERS ADDRESS: 71 ` m.. r ' G_~ • DEED: L. P. s . t TEST HOLE r _ _ • 2 _-i > c. 1a~~ ....5.. - . _a I QMINgA~tl !T'tm'r' I SWUM7208011M New VUk SIN Edwe law. - - 2 tT. Og - `\W' i _ t T I do wr NM o surr s ? d S" WIY10 p- 6 - .Y`".7-a IM ols lt+MCW '.r • ~ _ v'- - ~ I «nmswtl scc: cnenWteaemslCneA e4. HJO. 1"" .l i ~ , I ~ bMew4tl:RO mVY. oco 2; WWI ~ ' i i - i;r•."~I OymeNees ntlreNtl gem elW Ml n t"'-• mh br whore tlN weeeY ! iNMCaIW'X C°r°mm°NN epwRY~ ^~~~~^.i~l~-e/V ~'-''v/"~t~YC - - i I I%p+pel°q uamnm earltroUr aameueMeeepnsls•NwNe ..:•r'i •'.~u. G .=i l7Ld r:.;--,; i « j metl00elrlnauuLmeaNOaPIMR SEAL J)~ NE a`vP`c. V TG 9•F co Mar. 3 x99.5 I (moo E 7 Mar . Z 1 - t I I I 27 P?a { 99 k~ - I RODERICK VAN TUY_. P.C. ~t S~o~ lS2 StiPEo I ( LAND LICENSED LAND SURVEYORS GREENPORT NEW YORK T pFFO 1EALS BOARD MEMBERS ti~~~pS Xc~Gy Southold Town Hall Gerard"P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 Southold, New York 11971 Jr. Robert A. Vi James DA. Vi,lla a Fax (516) 765-1823 alp .a Lydia A.Tortora 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD UPDATE BY FAX TRANSMISSION 878-6803 TO: Annette Eaderesto, Esq. FROM: ZBA Office DATE: August 8, 1995 SUBJECT: Appeal No. 4314 - Application of Barbara Miller Attached is a copy of a draft map which was left with our office today by Mr. Miller and which should be received tomorrow by Board Members. The map was prepared by Mr. Miller's company, I understand, and his company will be preparing a final proposed map, I am told for the ZBA file record. Please be sure to address the issue of the setback variance still required. Also, Mr. Miller has indicated that there may be a future transfer of ownership of the southerly upland and underwater portion to show a separation between the marina and the residential portion. Please confirm the lot area for the residential portion in order that it may be included in the findings when a determination is made. (The 1.79 acre figure is reduced due to this, and the removal of the jetty area.) It is noted that although the house has been shifted to increase the northerly setbacks from Town Harbor, the setback requested is still an issue for discussion with the Board Members at the hearing. Sometimes it helps to show the exact square footage for each the deck, and the living area of the house, needing variances - such as a "building envelope" to code. Mr. Miller was asked to bring one copy of the building floor plans showing the roofed deck and living areas. cc: ZBA Members i ~/~/yam Jra - Be y „QL, ze by bn~~ssecti ' MAP OF PROPERTY s ~a ~ ` Qf 11 AT d,ScLcssIons 0-4'. PARADISE POINT 8-9-Rs Hear\n~ SOUTHOLD, N.Y. 0000, \ August 2, MS e SCALE LLB / N ^nOR 0' 50' 100' _ 8 ,a1 J TOWN BASIN 1\\\ 11~. \ IP! • AS Q Pau RIGHT PROPOSED (12' lfi'1 OF WAY adjnstedd ~uit~ ae ro erosion ori%stnal~. L 7 M.•yee! Iz-iG~6) UpK 1-3.1 - Y ~o..soo •to- I.Z 3 0 U rH pLD SEE SEC.N0. 1'55 W • f! 1 - w N011[LIN[ •ea• I$. F D. 28 • • ~ O essu W/ w )3 w , ~ rr 4• 31~) 3 •:d tea d ~ 1631 y4A 215.5 s .3A . b 0(e) IIY p!1 U« O a!~` aw le' 25 13.9A wtl )p~lel ,1 R081NSON' =.y, per _ ntl 28 1.3A(e) .r 11 :K 0.2 &4AW 3T 16.4 16.3 29 A(el L9A(c) ~.l n• 300, .10 r \ I 13 j4 •a ~4J LOµe) L6A(O) . ee 21.2 - au• te•'• m a 3.6A(el 43a~1c) m M 7 3 J 19.6 aM 9,2A . O SAA(c) I 0 re .'mrd, high wCiAe/r ,hark e t Lr 11,5 I d. ~dl b _ 1 : t!. 1441, l7 t4H'~t•! _q lr I .~a (s ~ r i nl 8,4; o t~ n .art ( ~ ~ w ~ r~ K~trarlfele!1 l~~iit1-'t~$>~rt,./rk': (81 f~i ~Jiij y + ~Y ~Ir 4~r ~ ~{r r 1~Ju If{i~).r~. r~ fffj"~~~. ~ , vIC d Y ic. r ~ 4C Y QFFO( APE ALS BOARD MEMBERS SOS ~{'CO Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. cc at P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Richard Ward, Planning Board Chairman FROM: Jerry Goehringer, Zoning Board DATE: June 23, 1995 REF: Paradise Point Subdivision Projects 1000-81-1-16.8 (formerly part of CTML #16.4) Members of the Zoning Board have asked that the Planning Board confirm the status of the above-noted parcel on shown on your approved Planning Board maps. Please furnish a copy of your conditional resolution approving the same and the map to which it approves. Please also confirm if the attached three-lot subdivision /survey map showing the above-noted lot as Lot #3 is a part of your file and its status. Copies of the 1985 County MapVattached to show the entire 5.7 acres as one parcel, referred to as 16.4, and the three-lot subdivision map are attached for your reference and response. cc: ZBA Members r APPEALS BOARD MEMBERS =0~0 ~'pGy Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman PO. Box 1179 co T Serge Doyen, Jr. Southold, New York 11971 James Dinizio, Jr. O Fax (516) 765-1823 Robert A. Villa yip! >~t ~a Telephone (516) 765-1809 Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD August 22, 1995 Annette Eaderesto, Esq. 18 Railroad Avenue p.0. Box 1186 Center Moriches, NY 11934 Re: Var. #4314 - Barbara Miller, Contract Vendee Dear Mrs. Eaderesto: with reference to the above project, transmitted for yard written record is a copy of the Board's findings determination rendered at our last public meeting. As confirmed by telephone recently, the variance application was denied in their entirety for the reasons noted therein. Very truly Yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Copies of Decision to= Sr. Building Inspector T.J. Fisher Christine Nicholl Ltd. (Filing Agent) Charles R. Cuddy, Esq. APPEALS BOARD MEMBERS ,~~gUfFO( - OGy Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. t O Southold, New York 11971 O~ Fax (516) 765-1823 Robert A. Villa ~1p .a V Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239AB for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; l Page 2 - Appl. NA314 • Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 10, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required to building single-family dwelling as a second use on this 1.79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements). 3. PROPERTY DATA. The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds). After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft., leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is Page 3 - Appl. No0314 • Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Road to the westerly waterway section), for construction of a new dwelling and accessory.swimmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76'4" at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor). The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or more. The amount of actual house area which is rquested under the variance is approximately 1175 square feet (ground area). The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. Th= neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps are unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page 4 - Appl. No•4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina. use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page 5 - Appl. No. 04 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Diuizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. GERARD AP.GOEHIRCINGER, CHAI RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 8 fa3~~r HOUR Town Clerk, Town of Southold v Y\ ` WCOUNTY OF SUFFOLK qEp 191ag5 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING September 15, 1995 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Applicant: James & Barbara Miller Mun. File No.: 4314 S.C.P.D. File No.: SD-95-14 Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Adequate upland area should be available for marina purposes before consideration of an additional residence use. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C.\WPWIN601ZON ING\LDS\SD-95-14.ZN2 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 853-5192 FAX (516) 853-4044 APPEALS BOARD MEMBERS QgUFFOL {~c h~0~ OG Southold Town Hall Gerard P. Goehringer, Chairman c ~e 53095 Main Road Serge Doyen, Jr. h at P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 20, 1995 Annette Eaderesto, Esq. P.O. Box 1186 Center Moriches, NY 11934 Re: Appl. No. 4314 - James and Barbara Miller Dear Mrs. Eaderesto: Please find attached a copy of communications from the Suffolk County Department of Planning which follows their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your records. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure APPEALS BOARD MEMBERS o~~gUFFO(K~, hy. GGy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Ac3ninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Coamission: y_ Variance from the Zoning Code, Article III Section 100-30A and Article XXIII Section 100-239AB Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 43Af Applicant-, James and Barbara Miller, Contract Vendee Location of fected Land: 55gg0 Basin Road, Southold, NY County Tax Map Item No.: 100D-81-1-16.7 Within 500 feet of: Town or Village Boundary Line y_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to locate a new single-family dwelling as a second use on this 1.79-acre parcel and location of dwelling with decks at less than 75 feet from existing bulkhead Copies of Town rile and related documents enclosed for your review. Dated: August 31, 1995 C4 'Al June S, 1993 j, r To: The Zoning Commission From: Dale & JoAnn Maynard REt Miller lot on Basin Road a xY1 We own a lot at 365 Basin Road-Southold which is adjacent tc x the lot in the process of be to inform g sold to Mr. Miller. We wish any and all that w: have no abjection to this lot being built on and can only envision positive factors, This area has become a night dwelling spot for young people who have littered the area with beer bottles and cans and other assorted rubbish, r; Fiease place us in the column of those who would be in favor such a sale. p: • '~i: ' : uir ~r t r n: t' i ~ ~ ~gUFFO[,~C Albert J. Krupski, President h~~~ ~Gy Town Hall John Holzapfel, Vice President Co 53095 Main Road cc x P.O. Box 1179 William G. Albertson 5i Martin H. Garrell Southold, New York 11971 Peter Wenzel Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 1995 Christine Nicholl, LTD The Brook House 405 South Country Road Brookhaven, NY 11719 RE: James & Barbara Miller 81-1-16.7 Dear Ms. Nicholl: The Board has tabled any action on the above referenced project until such time that the Zoning Board of Appeals has made a decision on whether the lot is buildable. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees cc: Bldg. ept. ZBAV Albert J. Krupski, President l ~1 / O~ COG Town Hall ( John Holzapfel, Vice President I 111111 =0 y~ 53095 Main Road William G. Albertson y x P.O. Box 1179 Martin H. Garrell ~RJc O yc Southold, New York 11971 Peter Wenczel Telephone (516) 765-1892 Ol ~a Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Q LEAD AGENCY COORDINATION REQUEST TO: WHOM IT MAY CONCERN DATE: 3/10/95 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: James Miller LOCATION: End of Basin Road, Southold TAX MAP: 1000-81-1-16.7 PERMIT # Pending DESCRPTN: (See attac d) PERMIT REQUIRED: TO WETLAND ( ) OTHER SEQRA CLASSIFICAT ON OO Type I ( ) Type II UNLISTED ( ) CEA 0 Please contact Albert J. Krupski, Trustee President, in days and be advised that the Southold Town Truste (WANT)/ DO NOT WANT) to assume lead agency. ' SENT TO: DOS OO DEC / DOH PB ( ) ZBA BLD ( ) ACE? / II CAC( Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at (Have/No) objection to Southold Town AGENCY Trustees assuming Lead Agency. Comments/Reasons: Signature of Authorized Representative • PART 1-PROJECT INFO~TION f' Prepared by Project Sponsor NOTICE: This document. is designed to assist in determining whether the action proposed may have a significant of on the environment. Please complete the entire form; Parts A through E. Answers to these questions will be'conzidr as part of the application for approval and may be subject to further verification and public review. Provide any additir information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invr new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe each- instance. NAM F ACTION LO ON OF ACTION (Incrutl Street A ress, Municipality anCounty) s v ` NAME OF APPLICANT/SPOT SOR / BUSINE/$5 TELEPHONE A 01 14 CITVIP v S7A7 Z7M N QF OWNER (If different) Y///{{~ 1111-71 'n f Q'A I rWL,o` i-, BUSINES TELEPHONE ADD - t~ r I Y k r o s e c v 765--1 SS- CITY/PO Il SJ.1TE ZIP CODE OESCRIPrION OF ACTION V 2z a Ns r7e.vic r S ~r /j & S9N~TT~ roc' l(l P-l ~Q/ N2lt/ I hJ"Ujf4U 6WIMrNfn (104). y re-Tfl/Nir7 Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercial residential (suburban) ?Rural (non-fa; OForest ?Agriculture ?Other 2. Total acreage of project area: _ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres p C - Agricultural (Includes orchards, cropland. l/S°U acres Pasture, etc.) acres Wetland (rreshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres _ /)Od ---acres acres Unvegetated (Rock, earth or fill acres Q acres res Roads, buildings and other paved surfaces 6 a accre Other (Indicate type) - acres s acres 3.i What is predominant soil ype(s) on project site? a. Soil drainage: OWell drained w-~~ acres J ilf~ of site ?Moderatcly'well drained o. OPoorly drained 0 of site no of site b. If any agricultural land is involved, hose many acres of soil are classified within soil group I through 4 of the N' Land Classification System? acres. (See 1 NYCRIt 370). 4. Are there bedrock outcroppings on project site? ?yes ko a, "'hat is depth to bedrock? (in feet) 2 ..4.16-?-(2;871-7c - • . 617.21 Appendix A SEC State Environmental Ouality'Reviei0 FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether aprojei or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen ly, there are aspects of a project that are subjective or unmeasureable. It is also understoad that those who determir significance may have little or no formal knowledge of the environment or may be technically expert in environment: analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actior Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information abouta given project and its site. By identifying basic projec data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. 'art 2: -ocuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is like'y to be considered small to moderate or whether it is a potentiail~ large impact. The form. also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAT completed for [his project: ? Part 1 C ? Part 2 ?Part 3 Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting nformation, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ? A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ? C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Narne, of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency . Title ofResponsrble Officer ( Signature of Responsible Officer in Lead Agency Signature of I reparer(If different from responsible officer) Date 1 Albert I. Krupski, President Town Hall John Holzapfel, Vice President ~o % 1 53095 Main Road P.O. Box 1179 William G. Albertson ti Q,u." 1. ofk; Martin H. Garrell V (South old, New York 11971 Peter Wenczel Telephone (516) 765-1892 ' Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office use Onl R fa R M R Coastal Erosion Permit Applicatio l5 l~ t5 V L5 D Wetland Permit Application MM 1 0 -Grandfather Permit Application Trustee Lands Permit Application -Waive= TOWN OF SOUTHOLD Received Applicati n: 3 /o r Clerical Review: 3 td s~ Completed Applicatio (o Incomplete ,SEQRA Classification: e I:~CType II Unlist d Coordination: (date sent)l o CAC Referral Sent: Date of Inspection: Receipt of CAC Report:(date) Lead Agency Determination: ro ss- Technical Review:(date)a_" l7 9~' Public Hearing:(date) Decision: Approved (YIN) (date) Application Fee:$ Name of Applicant JUA1E5 r 6MA104 IVILL IC, Address ~DX lO (2k ?nozo V AzX -Phone Number : (S/6) fib 7 4900 Suffolk County Tax Map Number: 1000 - ' / Property Location:`syz) 0/ A)5 / ;)/0 ! 0aw I l/1F'sn `36(2r?-b1-D (-ProvideLILCO Pole distance to cross streets, and location) Agent: /y CJ #l1Sr/1/C 1/idy0Lc LTD (If applicable) Address: Int 6&k 7usg 40,5- ) V) 2JA17 V 6AD ROO C~NAI~IVf_ N 7/ 9 Phone- (o-7 ~~}3 1 •$..Aplprox/m ate percent,, ge or Wosed prop•ct site with Slopes: VU-II Q 75 ? 111-1 ?15"0 or gr S ge 6. Is project substantially contiguous to, or c nt o am a building, site Registers of Historic Places? O Yes , or district, listed on the State or the Nation: t `1 Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Oyes AN 1 ( 8.)What is the depth of the water.table? . ~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ?Yes KNo 10. Do hunting, fishing or 0 ell fishing opportunities presently exist in the project area? es ?NO 11. Does project site c tam any species of plant or animal life that is identified as threatened or endangerec OYes IVI o According to Identify each ecies 12. Are there any uniqu or unusual land forms on the project site? (i.e., cliffs, dunes, other o geological formation ?Yes. Describe 13. Is the pr nc. siti presently used by the c munity or neighborhoo as an open s ac or recreation area Yes ONO If yes, explain _t~5/A/ G12 M ~1! 75f 42t. pCiATI~X~ 14. Does the present site include scenic views known to be important to the community? ?Yes ,-,(~.`+.o 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas wrti in or contiguous to project area: a. Name _ 6o4r-60~ SIAI b. Size (In acres) 17. Is the site served by existing public utilities? kyes ?NO y C a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements lJYes ?No he necessary to allow connection? (-1kes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? Oyes NSN0 19. Is the site located in or substantially contiguou to a Critical Environmental Area designated pursuant to Article 8 of the (CL, and 6 NYCRR 617? ?Yes ~4 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes R!~o 13. Project Description . • 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor _Wcres. b. Project acreage to be developed: /11,000 acres Initially; C. Project acreage 7 - -acres ultimately. e to remain undo-vy! acres. d. Length of project, in miles: (If appropriate) C. If the project is an expansion, indicate percent of Imosion proposed o, f. Number of off-street parking spaces existin - 9. Maximum vehicular trips generated per hour' proposed _J (upon completion of project)? h. If residential. Number and type of housing; units: One Family Two Gamily Multiple Family Initially r 1 Condominium Ultimately i. Dimensions (in feet) of largest proposed structure j. Linear height: width; leogth feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. 1l0w much natural material 0 e., rock, earth, etc.) will be remov ram the site? 3. Will disturbed areas b v" tons/cubit yaw claimed? ?Yes NO ?N/A a. If yes, for what intender: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ?Yes ?No c. Will upper subsoil be stockpiled for reclamation? ?Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? f I UVU fd1 5. Will any matule Wrest (over 100 years old) or other locally acres. ?Yes VJNo -important vegetation be removed by this project? 6. If single phase project: Anticipated period of construction months. (including demolition). 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 (number). _ month year, (including demolitior c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequenJpases? ?Yes ?No year. 8. Will blasting occur during construction? ?Ye0 9. Number of jobs generated: during construction after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ?Yes QnNO If yes, explain 12. Is surface liquid waste disposal involved? ?Yes 0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? '4Ye5 ?No T ]f/ntS j}/Q1~ ype ~ 14. Will surface area of an existing water body increase or decrease b 1 by proposal? ?Yes IC7No Explain ~ 15. Is project or any portion of project located in a 100 y'ar flood plain? ?Yes 16 ) . Will the project generate solid waste? ~~es No / a. If yes, what is the amount per month ~~W \\\ttt bons . If yes, will an existing solid waste facility be used? ?Yes ?No c. If yes,, give name location d. Will any wastes not go into asewage disposal system or into a sanitary landfill? ?Yes ?No e. If Yes, explain 12. Will the project involve the disposal of solid waste? ®Yes ?No a. If yes, what is the anticipated-rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes 0 19. Will project routinely produce odors (more than one hour per day)? ?Yes Ao 20• Will project produce operating noise exceeding the I cal ambient noise levels? ?yes A'N 21. Will project result in an increase in ner; use?o Yes ?No If yes ,indicate type(s) b_ 22 If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day (7~~ gallons/minute gallons/day. 24. Does project involve Local. State or rederal funding? ?Yes If Yes, explain No 4 . 25. Approvals Required: • Submnf al .Type Date City, Town, Village Board,. pYes ?No yI Il"-F' City, Town, Village Planning Board ?Yes J4No / L~ City, Town Zoning Board -es" ?No City, County Health Department ?f~No. Other local Agencies OYes GNo Other Regional Agencies ?Yes ZrNo State Agencies ?Yes ?No Federal Agencies ?Yes ffN0 C. Zoning and Planning Information 1. Does proposed action involve a pla ing or zoning decision?p1'es ?No If Yes, indicate decision require ?zoning amendment zoning variance ?special use permit Osubdivision Osite plan ?new/revision of master plan ?resource management plan other 2. What is the zoning classification(s)of the site? eZA d° -4- /,S( Q".tnR-z( - 3. What is the maximum potential development of the site if developed as permitted by the present zoning? / S/r/) Opfr? ZRIW 4. What is the proposed zoning of the site? 5. What is the maximum potential development or the ite if developed as permitted by the proposed zoning? f 6. Is the proposed action consistent with the recommended uses in adopted loccl land use plans? "es G~` 7. What are t pr ominant land use(s) and zoning classif',:ations within a 'A mile radius of Proposed action? 0. Is the proposed action compatible with adjoining/surrourid ing land uses wit'iin a mile? Yes 9. If the Proposed action is the subdivision of land, how many lots are proposed? ON DL/ O a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes 11. Will the ~h' Proposed action treat a demand for any community provided services (recreation, education, polio fire protection)? ?Yes o • a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes Cam,]N a. If Yes, is the existing road network adequate to handle the additional traffic? ?Yes ONo c D. Informational Details Attach any additional information as may he needed to clarify your project. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification certdy that the inform ion provided above is lruc to the best of my knowledge. Applicant/Spons larne 1 / Date tJ a /J Signature Tills if the actin n file Coastal Area. and ynu are a stale at;cncy, complete talAssessment Fnrm before procecdint wish this :.s essmcnl. 5 cart 2-PROJECT 11%1 PACTS AND HEIR PAAGNITUDE General Information (Rea Carefully) Responsibility of Lead ncy • In completing the form the reviewer should be guided by the question: Have my responses and determinations reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily sign;fic,. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column I. sir asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshol magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State for most situations. But, for any specific project or site other examples and/or lower thresholds may be appro t for a Potential Large Impact response, thus requiring evaluation in Part 3. p • The impacts of each proiect on each site. in each ali, vary. Therefore. the exa are strative have been offered as guida ce,They do not constitute anoexhat st vellist of impacts and thresholdsptoeanswerleach quest • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of Impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but thresh is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART e. If a potentially large impact checked in column 2 can be mitigated by than ble. T impact, also check the Yes box in column 3. A No response indicates that (suchtaereduct ono is no II possible. T must be explained in Part 3. 7 2 3 Small to Potential Can Impact B 1. Will the proposed actioIMPACTnONp ~ANDchan6e to the project site? Moderate Large Mitigated By result Impact Impact Project Chang Examples that would apply to column 2 ?NO DYES • slopes Any construction on foot of length), or wherethe general slopesain the projectta ea exceed ? ? ?Yes ?No 10%, • Construction on (and where the depth to the water table is less than 3 feet. ? ? ?Yes ?No • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within L-1 ? ?Yes ?No 3 feet of existing'ground surface. ? ? ?Yes ?No • Construction that will continue for more than 1 year or involve more than one phase or stage. ? ? • Excavation for mining ?Yes ?No purposes that would remove more than 1 000 tons of natural material (i.e., rock or soil) per year, ? • Construction or expansion of a sanitary landfill. ~Y~s ?No • Construction in a designated floodway. El El ? ?1'es ?No • Other impacts El ?Yes ?No ? ?1'es ?No 2. Will there be an effect ti. ...ry u::,que or unusual land forms round on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO DYES ' Specific land forms: ? ? ?Yes ?No 6 I 2 3 IMPACT ON WATER Small to Potential Can Impact n 3. Will proposed action affect an bbd Moderate Large ' Mitigated By y water v designated as protected? Impact Impact Project Chanc (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) Examples that would apply to column 2 ONO DYES • Developable area of site contains a protected water body. ? ? ?Yes ?N, • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?N, protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Yes ?N( • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?N, • Other impacs: ? ? ?Yes ?N~ 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? ?Yes ?Nc or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: ? ? ?Yes ?Nc ? ? ?Yes ?N, 5. Will Proposed Action affect surface or groundwater quality or quantity? ?NO DYES Examples that would apply to column 2 • Proposed Action will requne a discharge permit. ? ? ?y'es ?N,- • Proposed Action requires use of a source of water that does not have El ? ?y'es ?N; approval to serve proposed (Project) action. • Proposed Action requires water supply from wells with greater than 45 ? gallons per minute Burn in 1 ? ?1'es ?Nc r n eapaC1 w • Construction or operation czusin . 6 any contamination of a water ? ? ?Yes ?N<- supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which resent) ? ? ?Yes ?Nr, do not exist or have inadequate capacity. p v ? ? ?Yes ?Ne • Proposed Action would use water in excess of 20,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely carne siltation or other discharge into an existing body of waver to the exte t that there will be an obvious visual ? ? ?Yes ?No contrast to naturzi conditions. • Proposed Action will require the storage of petroleum or chemical products ? ? ?1'es ?No greater than 1,100 gallons. • Proposed Action will allow residential uses in auras without water and/or sewer services. ? ? ?les ?No Proposed Action locates commercial and/or industrial uses which may ? ? ?1es ?No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ? ? C,Ycs ?No ( 6. Will proposed action alter drama;e flow or water run r patterns, or sur(.rce oif? ?NO ?YI:S Examples that would apply to column 2 • Proposed Action would change flood water flows. ? ? ?1'es ?No 7 1 3 Stall to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change. • Proposed Action may cause substantial • Proposed Action is incompatible with existing drainage patterns, ? ?Yes ?No • Proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No ? ? ?Yes ?No IMPACT ON AIR 7. Will proposed action affect air quality? Examples that would apply to colum 2 hour. ONO OYES • Proposed Acti n on will induce 1,000 or more vehicle trips in any given ? ? • Proposed Action will result in the incinerat'on of more than 1 ton of ?Yes ?No refuse per i,our. ? ? ?Yes ?No • Emission rate of total contaminants will exceed 5 lbs. Per f heat source producing more than 10 million BTU's per hour1pUr or a ? ? • Proposed action will allow an increase in the amount of land committed ?Yes ?No to industrial use. ? ? • Proposed action will allow an increase in the density of industrial ?Yes ?No development within existing industrial areas. G ? • Other impacts: Gl'es ?No 0 Oyes ONO IMPACT ON PLANTS AND ANIMALS I. Will Proposed Action affect any threatened or endangered species? l Examples that would apply OYES to column 2 • Reduction of one or more species listed on the New York or federal list, using the site, over or near site or found on the site. ? ' Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other ? ? than for agricultural purposes. ? ?Yes ?No ' Other impacts ? ?Yes ?No ? ? ?Yes ?No Will Proposed Action substantially affect non-threatened or non-endangered species? Examples that would apply to column 2 ONO OYES I Proposed Action would substantially interfere with any resident or f,rainry fish, shellfish or wildlife species. ? ? Proposed Action requires the removal of more ?Yes ?No of mature forest (over 100 years of age) or than 70 scans ? ? vegetation. other locally impurtant ?Yes ?No IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? i• Exmnpfes that would apply to column 2 ONO OYES . I the pro Posed m ction would sever, cross or limit access to agria I at d f'"eludes cropland. havfields, pasture, vineyard, orchard, etc.) ? ? ?Yes ~ No 8 1 2 3 Small to Potential' Can Impact B, Moderate Large Mitigated By Impact Impact Project Chang • Construction activity would excavate or compact the soil profile of agricultural land. El ? ?Yes ?No The P tio • of agriculturalala dnor, ifdlocat dsinl convert more Agricultutal than 10 acres ? 11 ?Yes ?No District, more than 2.5 acres of agricultural land. • The proposed action world disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, ? ? ?Yes ?No strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ? 0 ?Yes ?No IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO OYES (if necessary, use the Visual EAF Addendum in Section 617 21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ' or in sharp contrast to current surrounding land use patterns, whether ? ? ?1 es ?No manmade or natural. • Proposed land uses, or project ccmponents visible to users of aesthetic resources which will eliminate or significantly reduce their ? ? ?1'es enjovment of the aesthetic _ ?No • Pro qualities of that resource. jeet components that will result in the elimination or significant screening of scenic views known to be important to the area. 11 El • Other impacts: 0 13 ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? Examples that would al ONO OYES PP Y to column 2 • Proposed Action occurring wholly or partially within or substantially ? conti guous to any facility or site listed on the State or National Register ?Yes of historic la ?No p la ' Any impact to an archaeological site or fossil bed located within the 0 El project site. ' Proposed Action will occur in an area designated as sensitive for Dyes ~No archaeological sites on the NYS Site Inventory. ? ? • Other ?1'es ?No impacts: ? 0 ?Yes , ?No IMPACT ON OPEN SPACE AND RECREATION 13 . Will Pf0P05ed Action affect the qu.Prhty or quality of existing or future open spaces or recreational opportunities? Examples that would apply to colunnn 2 The pferm anent fforeclosure of a future recreational upaorttmit OYES • Other r Of an open space important to the ? ? t5 ?No Pacts: community. ? ? Dy ?Yes No ? ? ?Yes ONo 9 IMPACT ON JNSPORTATION 1 14. Will there be an effect 2 3 to existing transportation s mall to potential Can Impact Be Examples that would a ?NO AYE Large Mitigated By apply to column 2 S Impact Impact Project Change • Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. ? C1 • Other impacts: ?Yes ?No ? ? ?Yes ?No ? ? ?Yes ?No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy Examples that would apply to column 2 ENO OYES • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ? • Proposed Action will require the creation or extension of an energy ? ?Yes ?No transmission or supply system to serve more than 50 single or two family ? residences or to serve a major commercial or industrial use. 13 ?Yes ?No • Other impacts: ? ? ?Yes ?No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Examples that would apply to column 2 ONO DYES • in cility, r facility. within 1,500 feet of a hospital, school or other sensitive Q • Odors will occur routine) ? ?Yes ?No • Proposed Action will producers opera noise thanione hour exceeding day),ceeding the local ? El ?Yes ?NO ambient noise levels for noise outside of structures. ' Proposed Action will remove natural barriers that would art as El El ?Yes ?No ' Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH 7• Will Proposed Action affect public health and safety? Examples that would apply to column 2 ONO ?YES Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of ? accident or upset ?Yes ?No dischar misconditions, or there may be a chronic low level 6e or emission. PtOPOsed Action may result in the burial of "hazardous wastes" io any form li e. toxic, poisonous, highly reactive, radioactive, irritating, El infectious. etc.) ?Yes ?Vn Storage facilities for one million or more gallons of liquified natural 'Ws or other flammable liquids. ? ',reposed action may result in thr. excavation or other disturb. nGe r 2,000 feet of a site used for the disposal of solid or hazardous ? t .vase. ? ?Yes Other impacts: VNO ~ ? ~I ? ?Yes ?No 10 i j IMPACT ON GROWTH AND CHARACTER Small to Poten2 3 tial, Can Impact Br OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the exisum; community? Impact Impact Project Chang- Examples ?NO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?1'es ?No project is located is likely to grow by more than 501. • The municipal budget for capital expenditures or operating services ? ? ?Yes ?No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes ?No • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts, ?NO DYES If Any Action in Part 2 Is Identified as a Potential Large Impaci or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATIO?J OF THE HAPOPTANCc OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may b miligaled. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be rmtigaled or reduced Ina small to moderate impact by project change(s 3. Based on the information available, decide if it is nesonable to conclude that this impact is important. To answer the question of importance, consider • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The rer;ional consequence of the imp,ict • Its potential divergerue from local needs and goals • Whether known objections to the project relate to this impact (Continue on attachments) 11 t a. i a.0 (C '37)-9~ 6 1 7.2 1 SEA R Appendix B Slate Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question l l of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ? ? ? ? ? to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ? ? ? ? ? observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ? ? ? O ? Registers of Historic Places? • State Parks? ? In ? ? ? The State Forest Preserve? ? ? ? ? ? • National Wildlife Refuges and state game refuges? - ? ? ? ? ? • National Natural Landmarks and other outstanding ? ? ? ? ? natural features? National Park Service lands? ? ? ? ? ? • Rivers designated as National or State Wild, Scenic ? ? ? O ? or Recreational? • Any transportation corridor of high exposure., such ? ? ? ? O as part of the Interstate System, or Amtrak? A governmentally established or designated interstate ? ? ? ? ? or inter county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ? ? ? ? ? scenic? • Municipal park, or designated open space? ? ? ? 0 O • County road? ? ? ? ? ? • State? ? ? O ? ? Local road? ? ? ? ? ? 2. Is the visibility of the project seasonal? (i.e., scrrened by sumrner foliage, but visible during other seasons) ?ves ?No 3. Are any of the resources checked in cluestiorn I used by the public during the time of year during which the project will be visible? Oyes ?No 1 DESCRIPTION `LISTING VISUAL ENVIRONMENT i 4. From each it checked in question 1, check those which generally describe the surrounding environment. Within "/a mile. ' 1 mile Essentially undeveloped ? ? Forested ? ? Agricultural ? ? Suburban residential ? ? Industrial ? ? Commercial ? ? ? Urban El River, Lake, Pond ? ? Cliffs, Overlooks ? ? Designated Open Space 1:1 ? ? Flat El Hilly ? Mountainous ? ? ? Other ? ? NOTE: add attachments as needed 5. Are there visually similar projects within: "/z mile ?Yes ?No '1 miles ?Yes ?No '2 miles ?Yes ?No '3 miles ?Yes ?No ' Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity - Daily Weekly Weekends Seasonally Travel to and from work ? ? ? ? Involved in recreational activities ? ? ? ? Routine travel by residents ? ? ? ? At a residence ? ? ? ? At worksite ? ? ? ? Other ? ? ? ? 2 , N M OTHER AGENCIES THAT MIGHT BE APPLICABLE U.S. Army Corp. of Engineers New York District 26 Federal Plaza New York, NY 10278 Phone: 212-264-0184 FAX: 212-264-0523 State of N.Y. Dept. of State Coastal Management 162 Washington Avenue Albany, New York 12231 Phone: 518-474-3642 N.Y.S. Dept. of Environmental Conservation SUNY, Building 40, Room 219 Stony Brook, NY 11790 Phone: 444-0365 Fax: 444-0373 / y Ward of Trustees Applicato GENERAL DATA Land Area (in square feet): 76,0oo Area Zoning:_ k-80 Previous use of property: k1T~~h15/~l,L~~Ct!ir/L ~rlt' IyQellolsc z"'-' X01 /iLt Intended use of property: ~,7J/GI' L7GULrGC/it/G ¢tl/7fl ~OL, S9n/ GiiEG~ r Del Wui4 v&E1pivi d7o C'o1V71NC1la Prior permits/approvals for site improvements: Agency Date .~C. ~J7REDG/n1 1 i2.-9¢ No prior permits/approvals for site improvements. Has 'any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCTr SIN( 64MI L4 DtilCLL I.'V - /w//77/ &C-eW + l L - ~B' ~Mrf}, 2 ~ard of Trustees Applica* County of Suffolk State of New York JAn?,~S BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), 17 GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCT N WITH REVIEW OF THIS APPLICATION. C Sigma cure SWORN TO BEFORE ME THIS DAY OF ~J,lg QS f p Notary Public Dr NISF M. LUCAS Notary F 0fir„ Siaip of Nrw York No. 49Xtrv,6 Ooafifi^d in Suffolb. County comrr.is: on F;:OirfJS :\ur, i~a 1, lUa, 3 . AUTHORIZATION We, Chancy Curry, Gilman Hallenbeck, (,airy Sinning and Paradise of Southold, Inc., residinq aL 11.0. IRox 729,_Southold, NY, 11971, do hereby authorize Christine Nicholl, Ltd., for Barbara Miller as Contract Vendee to apply for permit(s) from the Southold Board of Town Trustees on our behalf. P adise of Sou` old, Inc. John D. Sinning, President 4foard of Trustees Applicalt COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 75 feet of the proposed activity? No~ Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material wild] be filled? \ Manner (cubic yards) in which materia will be removed or deposited: Describe the nature and exten reasonably anticipated resultiof the environmental impacts project as proposed. 4 from implementation of the (Use atta hments if necessary) 5 ~ard of Trustees Applicat4w WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: /bS,5LeliC7SI,14C A/?li~y _%~GU~L[sN<r ~'u1L~?m yJrui /w"~~ ~c rI~ G1/G~G r 17c~1v~~/<Iy Area of wetlands on lot: square feet Percent coverage of lot:% Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: 5-1feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited; EXCAVd1T~ MAr0A-t, W i~ ;Jx klt~ req. Lf Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason op"such proposed operations (use attachments if appropriate): 6 w--- • ' TOWN OF SOUTHOLD PROPERTY RECORD CARD • ~I-~3 OWNER STREET VILLAGE DIST. SUB. v LOT 1 t. ~wwl "a Ise FORMER OWNER N E CR j how" Hclrbor a Y', P+ S W TYPE OF BUILDING P7-CbRA I~ f ub C rr1. tES. SEAS. VL, all FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 N1 R ,p ~7,L,CuRR ~Nn.~9 do / 2101~ l0 /NA . CaNt .d 90- cte.D~10e X. SCAB ~ Curr - 3T.t SINWN '~9°fe 0 0 a-~ - _ 1UJ Try -Z L Tre- T,4c:44- I: AL a/ 1„41- a=D\~/~l Yri rv~ R Gil GJ/_ l 00 pp n 63 E I COND I N z iH es q~(s L 97-7 i2 ' -(5L.+L)4~I~orac~ico I D•aT,QoO NEW NOR AL BELOW ABOVE T _ o _ > _ 2h? 9 F99 141 4,n (77~ ARM Acre Value Per Value Acre ~-o~1K ~.~Ociclec G50~ "illable 1 ~ _ 1 SS n~u~ 1 ~ 'illable 2 I .WT 5 14 50 es 'illable 3 a ' A4 I Joodlancl U I wompland FRONTAGE ON WATER r G7 D / rushland FRONTAGE ON ROAD louse Plot DEPTH 100 BULKHEAD otal DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD- qER STREET VILLAGE DIST SUB. LOT L I CLI 4o 0 ~41 0 A hl,* MER OWNER N E 1, ,q ~AjCIRy J i S i TYPE OF BUILDING W . / SEAS. VL. FARM COMM. CB. MISC. Mkt. Value \ND IMP. TOTAL DATE REMARKS 9 llA/leN6ec~1'd qao l,7i N7o~ ( 1. 0 3 1 A c~ee Te G A D e~ D 5~ .S D 7 e?0 AR P, 0 'o 2 .7-0 o /ft v CJ A AGE BUILDING CONDITION V NORMAL BELOW ABOVE :M Acre Value Per Value Acre :)le 1 ;.L :)le 2 )le 3 (land upland FRONTAGE ON WATER yZ 3 /40 eland FRONTAGE ON ROAD e Plot DEPTH BULKHEAD DOCK New York $t Me Department of Environmental Con ervatlon _ a .ey s. Ic 11691011. t - Bldg. 46 SU ONY ""V Br.6t, NY 11796-2356 `e ~O r r~ b o 740 ~d 4A4d~ Thorne. G Jorling q 30- Commissions arh ~?d Cl pwN OF 5 Le / it /~14d Dear 515 S 'I I AL 2 RE: LEAD AGENCY COORDINATION REQUEST Lts 1Pes The purpose of this request is to determine under Artic e 8 (State Ea i ) mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Project Name: / Project Location: M la o J I /_/-4` n ~n d oQ gS,'heael 4- 7'4Had;f¢ ~ot~+f DEC Project Number: DEC Permits: q'af C~.)c.~lQ~Qs SEQR Classification: [ ] Type I Unlisted ~-C[_'~ , J y, L DEC Contact Person: J 4. h ~ ~ 1C J~o d 2 : t/ S•~c, ~ ~ h Co r4 DEC Position: [ ] DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. .,2- [ ] DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the fallowing concerns regarding this project (see "comments" below). [ ] DEC wishes to assume lead agency status for this action. [ The proposed action has been identified by DEC as occurring wholly or partially within or substantially c tiguous yq a critical environmental area ( CE ) Vth was designated by 2 c a n;c 4a C60 It is th poAion of this Department that your gency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of this letter: [ ] We will petition WConnis oner of DEC to designa te a lead agency for this action. We will petition aner of DEC to designate your agency as lead, presuming sdiction. Please feel free to contact this office for further information or discussion. Sincerely, ~QneC xd/ad Z, ej$'/~,. Enclosures ~A Go y ?r-,6j v a Aw cc: (see distribution list) 95-19-3 (1rt193)_7e DEC APP))LICAT UMB R ISTRIRUTION • NEW Y09K STATE - WHITE COPY Permit Administrator DEPARTMENT OF ENVIRONMENTAL CONSE ON CANARY COPY Corps of Engineers JOINT APPLICATION FOR RMIT US ARMY CORPS OF ENGINEERS APPLICATION NO PINK COPY Program GOLDENROD Applicant Please read ALL instructions on back before completing this application. Please type or Print clearly in ink. Atpch Ad id ti~~ nal f IIQption as needed. ]ARTICLE 9, TITLE 1, ARTICLE 43 6NYCRR 646 (LAKE GEORGE RECREATION ZONE) { ~ LL'``~~~~''S r" 7 y 7 f- LFLF,,,, - ]ARTICLE 15, TITLE 3 (AQUATIC PESTICIDES CONTROL) ?6NYCRR 327 (AQUATIC VEGETATION) ?6N1'QRK.~tl wiy ?6NYCRR.3fi3(INSECTS) T S ]ARTICLE 15, TITLE 5 6NYCRR 608 (PROTECTION OF WATERS) A ? For the construction, reconstruction, or repair of a DAM or other impoundment structure. ayU. I:4r= T ]For the disturbance of a STREAM BED OR BANKS or excavation in or fill of NAVIGABLE WATERS. -]401 QLRTIFICATION E ]ARTICLE 15, TITLE 15 ?6NYCRR 601 (WATER SUPPLY) ?6NYCRR 602 [LONG ISLAND WELL) ]ARTICLE 15, TITLE 27 6NYCRR 666 (WILD. SCENIC AND RECREATIONAL RIVERS) 9ARTICLE 24 6NYCRR 662. 663 (FRESHWATER WETLANDS) ]ARTICLE 34 6NYCRR 505 (COASTAL FSOS~11.. r,~ ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) _ F ]SECTION 10 (RIVER AND HARBOR ACT OF 1899) for structures and work in navigable waters of the U.S. ]COASTAL CONSISTENCY CERTIFICATION. E ]SECTION 404 (CLEAN WATER ACT OF 1977) for disposal of dredged or fill material in waters of the U.S. D ]SECTION 103 (MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT) for the transportation of dredged materials for dumping into ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES (If any) IF OTHER THAN INDIVIDUAL, PROVIDE 4-7 3k -0 Q D / 700 0 TAXPAYER ID NUMBER 11111, 9- 1 1 2. APPLICANT IS AIAN /Y^ COA( ]Owner LIP--sw ? essee Municipality/Covernmental Agency (Check as many as apply) 3. NA APPLICANT (Use Full Name? MAIL/ ADDRE$ lO TEL NE ( e be c - g day) PO I E 5 A 4. NAME OF Owne ?Agent/Contact Person (Check one) Az/ ~v MAIL C ADDRES TELEPHONE (Where can be reached during day) ) 2172 PO5J-OFFIC / STAJE ZIP E 5. PRROOJECTIFACILITV LOCATION (Mark location on map, see Number to on reverse side) r `J County 'J L I Town or city O(~ Village ~j STREET ADDRESS (If dift ent from app 'cant) F !Se OFFICE ZI pE'/ O TR OR BOD OF ATER (10 7 7. HAS WORK BEG ON PROJECT? If YES, attach explanation on starting work without permit, includes d tes. B. WILL PROTECTUaT/ILIZE STATE LAND? ]Yes No Show work on map and/or drawings. ]Yes J SY ,;o 9. PROPOSED USE 10. PROPOSED STARTING DATE: 11. APPROXIMATE COMPLETION DATE: 12. FEE OF (NYS Permit Only) Private ~1~ ? Public ? Commercial S Enclosed 13. PROJECT DESCRIPTION: (e.g. quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal sites; type of -tmsuure to k'-c 1 Be ; hei ht of dam; size of impoundenC capacities of proposed water sources; extern e of distryution system; etc.) CDNSOZtPC.t"' ~yFID .C~/iSllrf.SjP/lifA,r.~J'y.~~1 L-~`~~ T.~[v[uJi? lotab GG~lsit ~.~doD L~c'TAivV/J~t~,f/ mr- 4no V N (l 14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL, STATE ANDIOR LOCAL PERMITS? Yes ? No If yes, please list: 69,Il"i-a Or- 71541-SMi5EF 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable asA misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all dam rect or indirect. of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless a Stale from suit damages and Costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 yid r -.)fine othan $10,000 or imprisonment for not more than five years, or both, where an applicant knowingly and willfully falsifies, conceal r c vem p a mor knowingly m es or uses a false, fictitious or ft statement. I hereby authorize the agent named in Number 4. ov mit this an y behalf "0 9s r DATE SI NA U TI LE PLEAS READ ALL INSTRUCTIONS ON REVERSE SIDE PART 1-PROJECT INFORMATON 0 Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME ACTION LOCATION DF~ICTION (Include Pt Address, Municipals and Count NAME APPLICANTISPONSOR BUSINESS EP NE ADDRES 0 S. CITY/ STA LP E NA OF W R if different) r BUSINESS T EPH NE A DRESS Nei ( ) a CITY/PO - STATE LP C E DESCRI ION F ACTION d la~sc KAa-..2 ~ ~ c,c.v_c.r.i ~p ~ S ~ o}. tud /v ' 6N {Pa,e ke"/s1,j 302ce dov e y~ue~/iK 5 ,N o jr111 1`-1C,1 Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped ar~e~as 1. Present land use: ?Urban ?Industrial ?Commercial Rem sidential (suburban) ?Rural (non-farm) ?Forest ?Agr ulture ?Other 2. Total acreage of project area U a(. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested 3z: X= acres -a U acres Agricultural (Includes orchards, cropland, pasture, etc.) / acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) ! 7~- acres- acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres =;L G J acres Roads, buildings and other paved surfaces L TId% acres /l r d acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ?Well drained In 0%y&-site ?Moderately well drained % of site ?Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 70). 4. Are there bedrock outcroppings on project site? ?Yes o a. What is depth to bedrock? (in feet) 2 S. Approximate percentage of propos.roject site with slopes: ?0-10% % _010-15% 01596 or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ?Yeslo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes CFFO 8. What is the depth of the water table? d' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ?Yes 99oC 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? eLP -s ONo i 11. Does project site co ain any species of plant or animal life that is identified as threatened or endangered? ?Yes ? Ir According to Identify each species 12. Are there any uniq a or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ?Yes Describe 13. Is the ro'ec srte presently used b the co uni pr_-nei- hborhood ps ap, opens ace or recrion a? p I s ?No If yes, explain GyL1~~JV ~[~Cd od"Ld.C A~ 14. Does the present si a include scenic views known to be important to the community? ?Yes No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to whi%h it is tributary 16. Lakes, ponds, wetland-4e_as'withiU or contiguous1; to project area: SQ( et~I /~/Ly a. Name 1; ,725 b. Size (In acres) 17. Is the site served by existing public utilities? Xes ?No a) If Yes, does sufficient capacity exist to allow connection? es ?No b) If Yes, will improvements be necessary to allow connection? Wes ?No 18. Is the site located in an agricultur district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes Vrq0 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes *O 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes ~Bl~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriat a. Total contiguous acreage owned or controlled by project sponsor cres. b. Project acreage to be developed: ? cTD6 ~acres initially; acres ultimately. c. Project acreage to remain undevel c ed~ ~IL+ v acres. d. Length of project, in miles: (If appropriate) r e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing _1~9proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One amily Two Family Multiple Family Condominium Initially Ultimately Dimensions (in feet) of largest proposed structure _Q6 height; width; ---7-~ length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. k, earth, etc.) will be removed from th,e? tons/cubic yards 3. Will disturbed areas be reclaimeV ?Yes CDlo ?N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ?Yes :r?fNo c. Will upper subsoil be stockpiled for reclamation? ?Yes oZNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 6J acres. 5. Will any maturg forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes /"lo 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month- year. . d. Is phase 1 functionally dependent on subsequent p ses? ?Yes o 8. Will blasting occur during construction? ?Yes o 9. Number of jobs generated: during construction [o; after project is complete 10. Number of jobs eliminated by this project l 11. Will project require relocation of any projects or facilities? . ?Yes oi~o If yes, explain 12. Is surface liquid waste disposal involved? ?Yes P0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged • 13. Is subsurface liquid waste disposal involved? ?'Yes ?No Type 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes ,-~No Explain 15. Is project or any portion of project located in a 0 year flood plain? ?Yes o 16. Will the project generate solid waste? es ?No a. If yes, what is the amount per month tons b. If yes, will an gxisting solid waste facility be used? Pre_s ?No c.. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes a e. If Yes, explain 17. Will the project involve the disposal of solid waste? es ?No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? //years. 18. Will project use herbicides or pesticides? ?Yes Q!5No ~ 19. Will project routinely produce odors (more than one hour per day)? ?Yes C6 ;o ,,ff 20. Will project produce operating noise exceeding the Iota rt3bient noise levels? ?Yes Quo 21. Will project result in an increase in nergy/use?' Yes ?No If yes , indicate type(s) ~~~%?^r 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ?Yes o If Yes, explain 4 -25. Approvals Required: • • submittal Type Vale 3 City, Town, Village Board ?1es ?No L'2U/ City, Town, Village Planning Board Yes ?No i City, Town Zoning Board Pkes ?No n City, County Health Department ?Yes ?No Other Local Agencies ?Yes ?No Other Regional Agencies ?OYes ?No State Agencies yIYas ?No -71 Federal Agencies ?Yes ?No C. Zoning and Planning Information 1 . Does proposed action involve a plann' g or zoning decision? es ?No If Yes, indicate decision require ?zoning amendment zoning variance ?special use permit ?subdivision ?site plan ?new/revision of master plan ?resource n a ent plan ?other C7 ) 2. What is the zoning classification(s)of the site? ma - &l eoLl 3. What is the maximum potential development of~ site if developed rmitted by the present zoning? 12 4. What is the proposed zoning of the site? ~-G~C C~ 5. What is the maximum potential development of the siye if devel ped as permitted by the proposed zoning? d 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? es ?No 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? 8. Is the proposed action compatible with adjoin ing/sunounding land uses within a 1/. mile? es ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes c~o 11. Will the proposed action creates a demand for any community provided services (recreation, education, police, fire protection)? ?Yes 19J a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes o _ a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse j impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification / I certify that the information provided above i true the best of my knowledge. Q Applicant/Spo amp c i Date ` Signature Title If the action s in the Coastal Area, and you are a state agency, complete the Co sal Assessment Form before proceeding with this assessment. 5 :I FOR ADJOINING AREA SEE MAP NO J] FOR ADJOINING AREA SEE MAP NO JB V 3 fN~JS~~ 4 a%z ela . +`tt 1S U ~ P w V) 2 < .aJ \ ¢ 6 Y + ~b PESS P pP~ ,,I q I i t P ~'g M V /JPp~~6P a~ \ ~~OP' R O 2 0 J w Po ~ " 1' + I a 6 ^ p ~ ~N aNNJ .-0~ 1 r S I "9 r s 1 31 EL TER ISLAND y ~ll~ f ,5N , 01 1 i ;.4 t C II i f i!, f do I r •.i ..r i.r r...r r ar 1rr War r.r .Y.r *"I IrYI Y Yr U{I rw MMW I, W M mm "I b" I s" 1 wbi lw r~www ur uWwwWumm miiWg i J V • ~L. a _ Q _ e+ / ` /w sPy ~A T < ( W \ v ~ (E ~74 t W AF +an; •°uri?<Fi P W ~ p~ . / ~rI .o y uu / C s O e i q.a /LSO', l _ ) ..°i O E O .114 HH" Pad ` ,y, U+ nsb \ D p < 1% qo~' xs ¢ <m ° •,~Jwyy;/ V"ia y~@TUJ Q °..o 97 ON dVW 33S tl3tlV DNINIOf°tl tlOd [i ON 4vn 33S V3lIV DNINIOFav d04 x a ..A11w~ r.' a - r v rt. - Y. f 4v 1 ~ ~.f f h'yN `{fie.: _ = ~ _ f - ~ I ~ii '4. PY.~~.5` A _ ~4 'f .-lye," _ y+Jl..:.a J' , Vii. 4...1 3~,, ~ V:. SUFFOLK CO. HEALTH DEPT. APPROVAL I~tR l~ H. S. NO. I - +`y Air ,3• STATEMENT OF INTENT O Z D • fr' „ THE WATER SUPPLY AND SEWAGE DISPOSAL C~ T. ~'C- / SYSTEMS FOR THIS RESIDENCE WILL Lc I fo. +`5~>;°^C A~ ` i CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. Ld \ r. - wall : tSj m r 7-4, I APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH I`'r Co / 1 f ~'T i SERVICES - FOR APPROVAL FOR y~ T = per rti0_ I CONSTRUCTION ONLY de DATE: • H. S. REF. NO.. 3r51-k.,4- r6+ I ~Fh .r--1f. c; I APPROVED: •i yyr n~pYe 1 '~'y dr e Y1 - --y,e1q ^~c. I J SUFFOLK CO. TAX MAP DESIGNATION: ' TC DIST. SECT. BLOCK PCL. K-yL-*Jr.-~Y~-st r i_ o. =i. fw c/' ~~O yy -mac: l- J j OWNERS ADDRESS "'---I \ m ~.~y/ice P G I / r ~6 ~p y,y(t•veao / J' ~ i I - f.. Y. .'.'t I -4 TI DEED: L. P. 2 ~ < 4~ru J~ YY gib`"' \ ~'a I cae°awvwn.smr.4 "+r. •n.a r i ~ .r. t>:rc- I srem.~s.~rarv I 40 t' - u ?g L'.7lJ ± '.r a^.,r, I rr..aevernr I ~ orw~riam.ee.Y+yw.. I i I rnsma.ammb..•ne. i rm.o.e.esvm.a"'av'a' • ? C itf~f$ '[Y~Fa: I yper~al4aterYbwOYa - 7i - _+arrt Lai/. rrervl Amer ec Jar:. IS 1$c: ~ _ r c. ~ f.'34>C .SisC 1. ~ I i r.<. bw~rvvv+ara 1 1ni r _ Fs•D _t 95 BR.. SCIK ,9 / / L c ^ G^'t is jrf .I. FI.^E . j4 Ya' SEAL I Nh~ 3 1995 .Cr - G COf/r G fY O" L J 1 'J 0F NE _ fvlar T 19~ . ~ ~ ~ ly - r-C C. 6C "E`" l i I ,per `\GKy'LV{~yT Ma ~y ~ r r55 9S Mo:~_j1, !9°5 RODERICK VAN TUYL P.G.^ t r, T ~ orry¢ is z ~ I LICENSED LAND SURVEYORS / O Mrro GREENPORT NEW YORK 1 IMAi P-3- per! g A Y y S OUTHOLD y NE E ~1. SEE SEC.NO. 133 SE y Q s!• 24.3 „a• X.W.Y. SNOR[UIIE 2.8 A(e) N • . .i. ~t ra wo ~ I ul Z~1 24°5 ai I FD. 28 • , , w ' 20 1 ~tP a O _ et 19 19 »a r ~a.• 5 rg. BASI IK r i Q, , 13 y /a• 16*4 F. IL 00 ` 0 15.7 10.6 13.5 ;it r P ° 12.3A 2.4 A 2.3A d •s• • r4 .4 0 " - Akl t »r 6 23 A(e) 25 1.4 139A °y i Im \ Js rb• 8 1• n y \ 1pj a LOMO 0 18.8 4r rw . SON IAA (a) II 3 .n ZQ 2.eAlCI M 1.34(e) a 13.2 ..a• 3.4A(u e SEE SEC. NO. 133 15.4 sow 29 A(el • 15.3 1 w ` \ 2.9A(,) a 2'~l 40 . .rr f*••' 13 _ 2.OA(e) 14 27.1 . L5A(e) '40 2.2A(e) ° a.r : 27°2 _ • a 3 I ° 5.3A(c) 19.3 O s"• 3.5A( C) 0 M r~ a..' ? V 19.5 O V 9.2A J Q r 4 ~ ~ soa(c) J SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. 436 `"t ds - I STATEMENT OF INTENT U `A 3 a ho• I i THE WATER SUPPLY AND SEWAGE DISPOSAL Q T _ - • r r ~ - ~ _y ~Yy I a i SYSTEMS FOR THIS RESIDENCE WILL ~t r' I { - . CONFORM TO THE STANDARDS OF THE yo ty, ~•J d , , SUFFOLK CO. DEPT. OF HEALTH SERVICES. D t APPLICANT Crr`•,^-' / \ I L p M.4,r _ II SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL FOR F' (~°i • I CONSTRUCTION ONLY CM- 0 Z) ~y[~t yecic f .e DATE: w ~'r \ y TY' H- S. REF. NO.. lI I. wel`s 1 _ I~ I- I APPROVED: \ ` ~opt,'d. ~s i w°~ f~ p i _ ~y , , j SUFFOLK O. TAX AP DESIGNATION: i5nn.^rOfcei tbdr ...-J2"~1`". ~r, l~ "~1•-xV' Li DIST. SECT. BLOCK PCL. ~ ~ ~ _ r'•~ - ~7J•, a~ ~ 7f _ _er~'¢~• ~ _ ~~1 s Ij : Jfit7 f~ ~ 1 ~ 17, + t IESt OWNERS ADDRESS: It f.: i~ C: C..• trl, ~_._`8 .r ~~Y - P, S I c G :.Li •..~r J'S t~. . 1 *SSTT xaS*."IrC / ~ d'Y i I T., Y .1 DEED: L. P. ! _ i _f :ad` iG Y' TEST HOLE I •`y _ _ w ,,.f GL'..+~` I gbpn DCdfwN-VI _"...!~9cf 7. ~ 1- .r (y V"' " I ! CaNa of tltls wn*Y•n•V W bo" j r, Wld 1I y K t ?~{19t7G r~ t nwsmor ~ yp~Jlltl M-`ci J1i11 M • ti V _4^_Sa"~ j j i. pp.pw.d «tlbfgl :1 wRVIy I I j IY kw w,a m ww, .o or I ~ I and Lem QVVI xaOMPr~ I. r-.- _ - j'}•e f c ' ~i 9Yr.C.y trFIJL".~~. .'11 "l3Ll tiCa~{ . i ( 'i »r,` s i ; t. d**W WNW* C, Itjp< i j SEAL - - - ---Mar z,199~5 BI!'"7 S CI( _ . %.l.l^ l ~G ` = I ( _ I OF NE~Y CM ';^f $6" fV Vg1,T~O - Mae. ? 1495 _ a I 1 j ~ Me c7 t945 :let dam, 1~ F. G Sr J r L E, * r - Ma 1995 RODE-R4CK VAN TUYL. P.C. 7-r "Far~Ocszb~ f LICENSED LAND SURVEYORS ? : d SFO LA ND SJ GREENPORT NEW YORK J ak~..,yt>sf ~wcn I 111 llllllllllnllm.llll..lllll wluwl~ll lowlww~ III IIII www..l wwllllwwww! ~m~ni•~.inniu.iu~, i~~.~iii~~- Dot- tl 1 f-tl OZI -t 8 W Y~ ' ~ ~aSM V • R ^ i ~ s \ I w d \ i 4V.A ',1 p \ u ^ as ~ V APPS BOARD MEMBERS ~A~~gUFFO(~ co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° s 53095 Main Road Serge Doyen, Jr. P.O. Box 1 179 James Dinizio, Jr. Oy !.F Southold, New York 11971 Robert A. Villa 'lJ O Fax (516) 765-1823 Lydia A.Tortora Ol Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Richard Ward, Planning Board Chairman FROM: Jerry Goehringer, Zoning Board DATE: June 23, 1995 REF: Paradise Point Subdivision Projects 1000-81-1-16.8 (formerly part of CTML #16.4) Members of the Zoning Board have asked that the Planning Board confirm the status of the above-noted parcel on shown on your approved Planning Board maps. Please furnish a copy of your conditional resolution approving the same and the map to which it approves. Please also confirm if the attached three-lot subdivision /survey map showing the above-noted lot as Lot #3 is a part of your file and its status. cyc¢, Copies of the 1985 County Map ti attached to show the entire 5.7 acres as one parcel, referred to as 16.4, and the three-lot subdivision map are attached for your reference and response. cc: ZBA Members f ~ Alk R«•wons ItaO_dl t-~-•2 li~L+t P-3:p os p5 /-l5_/S U304.200 S OUTHOLD W SEE SECAO. 133 M.M.Y. [MOR[liN[ •.o n m r FD. 28 • • •GT • w F _ 1T (s O ' 9A311 13 w 15.7 1506 13.5 l•~ e 2.3A 2.4A 2.3A d • 25 2.390 13.9A ua AN 40. I t` ROHI NSOry•a• s • UAW 11 .n• 2 28 2.5A(e1 :0r 134 (e) br •+r 3440 a 215.4 c) 1543 ~'s•~ . 13 2.OA(ol 14 2701 LWO) _ 2.2A(W / • ° ° ~r 2702 ° e0•• - 0 5.3A(e) H , 19.3 3.SAW O , •r 19.5 9.2A J O • 4 a wee f~lk++E 7 _ - ,-mrd. high wb'+Wr ,hark t2 r ~ .17• ~ +~00~~, gib...... ; i h h Hp r}+ tg~ j ~1 ~ ~ r pl • ri , ~ r w ~ t~lxi-arlfe4« t-»rNf r~s~~~, lric~ (8I rt~ t i' y Y YJ ~P t Al v : • ~PEL.765-1802 D\~gVFF~f'~o TOWN OF SOUTHOLD G OFFICE OF BUILDING INSPECTOR TOWN HALL • ~O SOUTHOLD, N. Y. 11971 yYt-~ May 21, 1981 Planning Board Town Hall Main Road Southold, New York 11971 Re: Paradise Point Corporation, Minor Subdivision Plot by Roderick Van Tuyl P. C.; Revised May 11, 1981 Gentlemen: According to the Assessors and Town Tax Map, the Private Roads and the proposed lot of 1.7 acres by the basin and the lot aE the point of 2 + acres are all under the same ownership. When you have approved these lots as separate lots, I will gladly issue Certificate of Occupancy for each lot as Mr. William Smith, agent for Paradise Point Corp., has applied for. I understand the approximate square area at the Westerly end of Basin Road will be part of the road and a turn around area given access also to the Basin. Do any of the roads, Robinson Road, Basin Road or Briar Road, comply to the definition of a street in Chapter 100, Zoning Article 1, 100-13, Page 10014 of the Code of the Town Of Southold? No Building Permit can be issued unless they are improved to the satisfaction of the Planning Board or the Zoning Board of Appeal gives access approval. Sincerely, 7-7 L__- George H. Fisher Sr. Building Inspector GIIF: jd E 00 t ` 1, \ G , 1 til tir II P) ~ ~ 5,., h j I ' v w j; • cif. f , . . t Ab8 < < ro ' i i , i 1 ~ r I At OF9S i ~t a np4'f aoo f43'gsw V s 41 r r 0. _ ~o- ' W ~ ~ ~ 1b x ~ I i ~ ~ \ CFy , b r ( n ~ Z r )a _ \ tAQ d ~0V A ~ouised Hero tir ( PW file ' "Club- houee ti z e-j - r V-1 Z roav/ A .1 ~ \J t 1 'yam S~ U F! Jam. / f r i t • 7-a', Part-, r~ Ia . I D~EI • iJ61 !r f }L,, .'1 .,~~.1; I'._./~ .YU lJ~.~I~. ..'e7. i:~. i O:!'; LY% 6U!"V•~y. i • L. cry 4,',• r a~. ,.!x`. C/: c-/:``?!'~6~U.` L'.. r R.71A'I</ ' •t~' ,',L EC%~~r_'/' . :i~y~.,J c: /7.i ;.Sf' [ ,9a)'F ~'{S~A`. ~ .•.1,. ~ l,V li,h11 2.1 ( ) L7 i NG~Y. Zl+, :0,/ti/T Feb. x5, 198/ 44a g s f x uUJ'1:;`~E'c~ r~'11CJ J?~cYf',jJ.dt7 ~SGl''f' /2; /°g0 P JNAUTHORIEED ALTERATION OR ADDITION c k v a h (~'1 •n•, c . ' f0 THIS SURVEY 15 A VIOLATION OF ,...y{ SECTION 7109 OF THE NEW YORK STATE EDUCATION LAW. _ COPIES OF THIS SURVEY MAP NOT WARN/G THE LAND SUDVEYOR'S INRSD SEAL OR < `y EMBOSSED SEAL SHALL NOT RE CONNDERED TO RE A VALID TRUE COPY. CA NQF MY f /J S GUARANTEES INDICATED HEREON SHALL FUN -.ddlL ONLY TO THE VEI'.SON FOR WHOM THE SURVEY IS PRUARED, AND ON HIS NHAU TO fFE QUALIFICATIONS The following information is presented as evidence attesting to the professional competence of FREDERICK E. WOOD, principal author of this report. FREDERICK E. WOOD, a real estate appraiser and licensed real estate broker, has been actively engaged in the valuation and sale of real property for the past twenty two (22) years, during which time has appraised all types of properties located in New York State, with an aggregate value in excess of five hundred million dollars. Appraisal assignments have included residential, commercial and industrial properties with appraisement for investment, financing, condemnation, certiorari, estate, resale, fire insurance, etc. purposes. Mr. Wood has also lectured on real estate appraisal practice at various real estate academies and professional associations. By Administrative Order dated June 7, 1982, Mr. Wood was appointed as small claims hearing officer for assessment matters by the Supreme Court, Tenth Judicial District, Suffolk County. Mr. Wood is also currently certified as a HUD/FHA fee appraiser for residential properties, has been tested and accepted by the New York State Dept. of Transportation as qualified to perform appraisals for condemnation purposes and is accepted by other Federal, New York State and County agencies for appraisal purposes. In addition to his real property appraisal qualifications, he is a Licensed Professional Engineer in the State of New York, heading his own consulting firm engaged in cost surveys, technical valuations, land planning, building desgin, inspection services, as well as many other related areas. He is qualified as an Expert Witness for court testimony in matters pertaining to the valuation of real property and fields of engineering, and has testified in local, county and state courts in the State of New York. EDUCATION Rensselaer Polytechnic Institute - Bachelor of Science, 1954 Adelphi University - Master of Science, 1965 Completion of various courses, seminars and lectures on Real Estate Appraising sponsored by various colleges, universities, and appraisal societies. PROFESSIONAL AFFILIATIONS Member: New York State Society of Professional Engineers Member: National Society of Professional Engineers Senior Member: American Society of Appraisers DESIGNATIONS Senior Member: American Society of Appraisers - ASA Real Estate General Appraiser: N.Y.S. License #46000006445 Professional Engineer N.Y.S. License #42377 n j i J i• err i Y. Z8 U% werl comer - - rcr; c,. a 1. \ `n ,\roP. t''. \ 1•• ' l'Swim: r area~ i o~r~ln ~ •CXiS Crr ll ~r~ EpTrl~d` tom- ft-a M .'C{'y+ _ 1Jr•... •a - ^ J•. /i f f04G :y 6c, 1 EM.APRII 1 96 3 - - - T Sco'rlo/V ONE a... )CU RADISH P®/N7°' a y~ AT 3 O ~V c TOWN OF oSOC..9YHOL® SVFP-OL94 C®SJNTY !tq 3 1 44 pQ° 33 lam' KBY 4t'lan~ BCi N•1LQ rN /ASiT sell. fee's/• s .m~ryy~¢ ew uw No Af aw eO~CVp~?®a~ A96J TFmrP/c+sm ~afrl9v/®e.o Ayv, o O.maiAmov®'L9.-omA:~e'¢/fF" . ">%(dYyl'• eL018R PAA.90/3E ii?T6A7)q~ y..yr~~esl •.a~ver n.:ooO,d .A,ee ® ca/ e,, a~~~- - ;~Q a yea. "°)af a ~Nr~trd ro/ir.zyasa .beti - _ . , y • g ®crd 3'aelemrcrAit rs~rwv°rleira bFan aty G- N g cc ifi/Sisnla erz'esw./rteoa: m / r' OPM& W. 7Z 14 V a.r... 1. I Lrcaeid Lia•/o~ma wcya>cs ~ AO.' f~ ~ Z e+ \ N . 6releorPorani. Y. f$r 9~ ftzinf Co.~•ponr b 147, pO•ff s,e%I'ro'xr. e®wss ~ _ 9 rA^ ~ ~ ~Poe~efemn ( 1 / i , ` _ I 1 P fe ~ ra.. 1 ° i` n°e Plp qB 1 71 o/89?s// PMP,ec/LetLaysart Q o M R' 'f' _ I F" ~ 4 e-- a ~Eo ,0 i ~ C ®1 NN M \s° mr®s+iev a°vi 7'~amoN•Fi a a/ ~ c'~ I \ ~ i aRr~~ ° ° a.ec.Na'oe',~ b t t ~ a, ~•id< aer °a. • -/area aw i ~srsr r \ ~ ~ .s<4 `~~~e ~ \ W ~wnwW /pe.ee ~ "'rn,+m~' .y! a i• ~e•~'eSF-. 8 0 - _ _ $ X44 `f, ° ° s• I a .a" rr,MeNr..,- A ~ o} - A~' - r 03 .y} °i6~' s~ 5: m.xf "s" s ° ~ ~ ~ 1 \os ~ 1 R .r ;3 c/ae„r,.d.:'+•casar f• Rcav,Tra~.~" ` ' ® ® / l r4 .i..'.,sy^ndp.<rf/// t-.t soosoR •aYn<T...a l s i~ ~ ~ ~ew/~c °\?/~r+^wnsx.•rai...oiio..tm Z - nulruLR e .p Arl s'.-ial//{L[/L f^"^s/ /{leel iewOewd~.eva~a oY4°:;,y' iwe" XI eea N.Y. •S/ I4 .M ~Tr ?¢i/< m¢meVtiw'~reeraPaafa r t: r e r e a -.nee [ar T alL. +.r~ mbe_ ffssse/ lb opco/ lnar !se t Ie,t, -.t GAG Try~t,LYfear~ YP .~rh'eTee•P•[fadr'e'/3e/ inslo//rd ac ss ~ Sf,r, nwa _ N~°•o~/Fa,cro:t wAA~>a We alt „ FILED Cc_t j., .nt n u a „ t d F c1 re [ a., ter. r n,I t"unet APR it c:l p 2 SW[•lk c t5 to t I ®,Z P m J Q r 4 RMMAX KtIPP Q V - Ol <ic T1_ al 8e a ti-n ; cm a SW iy Gunny C/o _ ~I(] Page 5 - Appl. No. 4314 Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. GERARD P. GO NGER, CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DA*.Q3P5 HOUR S Town Clerk, Town of Southold APPEALS BOARD MEMBERS ea Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman w P.O. Box 1179 Serge Doyen, Jr. Southold, New York 11971 James Dinizio, Jr. ~y • Fax (516) 765-1823 Robert A. Villa Telephone (516) 765-1809 Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD August 22, 1995 Annette Eaderesto, Esq. 18 Railroad Avenue P.O. Box 1186 Center Moriches, NY 11934 Re: Var. #4314 - Barbara Miller, Contract Vendee Dear Mrs. Eaderesto: With reference to the above project, transmitted for your written record is a copy of the Board's findings and determination rendered at our last public meeting. As confirmed by telephone recently, the variance application was denied in their entirety for the reasons noted therein. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Copies of Decision to: Sr. Building Inspector T.J. Fisher Christine Nicholl Ltd. (Filing Agent) Charles R. Cuddy, Esq. 16 Page 7 - Hearing TAII cript Regular Meeting of August 9, 1995 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4317 - Edwin and Donald Tony(-s: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. 7:50 p.m Appeal No. 4314 - James and Barbara Miller, Contract (((Owners/ Sellers: Paradise of Southold, Ine. and others). Continuation of hearing carried over from June 7, 1995 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, <paradise Point Section One, Filed Map 3761-4/11/63; also known a:; 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: i MAP OF PROPERTY AT PARADISE POINT SOUTHOLD, N.Y. August 2, 1995 ~oSCALE N ~n0 $ of 50' 1001 0 TOWN To BASIN 77 BASIN o Pool, ROAD RIGHT \ OF WAY \ ~5 l8~ pROPGSED (12'X PARKING ad Juste d due to erosion ri al i \Xx MAP OF PROPERTY AT PARADISE POINT SOUTHOLD, N.Y. August 2, 1995 SCALE 1"= 50' Nom 0' 50' 100' s - - TOWN - TQ \ PARCEL A ? \ o 60-0" ~ ° r ~ BA$~ a• RO opEN FOR ~ :a W c WFiC ~ POOL I • 5 PRAR.IN ~ ~ OS~p (12'X 18') A P '~a A FORMAFJNA LEGEND \ adJusr due to Ic 0 V \ crosiou D PARCEL A ri- al NEW DEED LINE \ PARCEL B TO BE INCLUDED IN PARCEL B NEW DEED LINE BOAT VNl BASIN APfrEALS BOARD MEMBERS 60~ SUFFO(~ O v G Southold Town Hall Gerard P. Goehringer, Chairman o y~A4 53095 Main Road Serge Doyen, Jr. ua x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Map of Section One, Paradise Point at Bayview Filed April 11, 1963 with Suffolk County Clerk Gentlemen: There is still a question of the 1981 minor subdivision which the Planning Board today relies upon pertaining to the creation of a lot after 1985 (contrary to the major subdivision filed in 1963). Members of the 'LBA have asked that this memorandum be forwarded in order that the Planning Board can clarify the following questions: 1. Is there a copy of the 1981 subdivision map signed by the Chairman of the Planning Board on file, and filed with the County Clerk with the Health Department's stamp of approval? If not, will the Planning Board advise the new owners of this requirement? If not required, please clarify why this procedure is different from others which are required to do so today. 2. If the PB does not require these additional steps, how will the Planning Board notify the County Clerk's Office of the new lot lines to that 1963 major subdivision map? Will the Planning Board require an updated County Health Dept. approval - similar to what is required for others. We would like to know how a lot can be created without further steps when there is a previously filed major subdivision map (contrary to the lot lines shown on that map today). Thus, it is also not understood why the major subdivision m6p would not be amended in some manner through county records to show the Planning Board or owners' intent for new lots. Please confirm which Pags 2 - May 19, 14 • To: Planning Board Re: Map of Section One, Paradise Point additional steps will be necessary to finalize this amendment to comply with New York Town Law and Ch. 106 of the Code. Thank you for clarifying this area for the Board Members. Very truly yours, Gerard P. Goehringer Enclosure For the ZBA cc: ZBA Members P. S. Attached is a copy of a deed dated 9/12/85 from Laurel Ann Shaw to Paradise of Southold, Inc. and a copy of the County Tax Map dated 1985 showing the parcel as it existed four years after the 1981 minor subdivision and 32 years after the 1963 major subdivision. It would seem that the three-year time limit for filing of maps had expired as provided by New York Town Law. a -Y ~hP v ..At- ro t ~ 1 p ' yLL< ~F _~^'I x~4rt ~"$y' fg~ ,1 k YY~°''R"7y,°P ~ • rl 91, now= r t . ~YM f. d 1 IN j[ ~f~M1 7 $ } s. ~.3 dh 17 v APPEALS BOARD MEMBERS ~O~~gUFFO(X~oG 3 Southold Town Hall Gerard P. Goehringer, Chairman c y< 53095 Main Road Serge Doyen, Jr. co x P.O. Box 1179 James Dinizio, Jr. O y Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a J Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board FROM: Board of Appeals Chairman and All Members Z_ c ~ DATE: June 6, 1995 SUBJECT: Your 6/6 Reply to ZBA Memo of May 19, 1995 1963 Map of Section One, Paradise Point at Bayview 1981 Resolution of PB for Minor Subdivision Possible Amendment to Major Subdivision Map Thank you for your response to questions 1 and 2 of our May 19, 1995 letter. It is noted, however, that you have not replied to the final paragraph of our letter which asks if additional steps will be necessary through the Planning Board jurisdiction to finalize the 1981 map and its amendment to the 1963 County-filed map under New York Town Law as well as the provisions of Chapter 106 of the Southold Town Code relating to subdivision approval. Please confirm steps which will be necessary through your office and the Planning Board for Board resolutions to amend the major subdivision map of 1963 on file with the County Clerk (if any are required) in order that this may be properly resolved. If none are required, please also confirm. cc: ZBA Members r1~ ~.9 1J i _ ' r Z A 1 ~ \ I - For Ua0 o>f omH~ri ' T C ~ - _ l~ ' Q !Y• ~J -a r' O S S th ru l'f" i - - ' U F ~ 5 r • r ~ .,_f4 ~ J 3z5 { h IF lava' 1 I{ ,p J -Je W - e, r l 17 Aa. 6r ~ r Opt =t se•.~ G .H ? ~ ' ' / i G 13) t t t 1 10 1r6 >Z-,4 \ /per "OFF / - / i,. ,1( ~IJo TE3 \ /s; Trr> I ^r' ~.°\°c i t S~~:c;L• Ccur.°o Tor. Forcc:o: loon - aB:-l-% s>, ? R .i5 r N~ - 119 ° r h' 5l % v~ 's~6,`.~ / \ V N1 Cv'H `0 U/S jI'O7" .~?.r OiS: ~G. : . N. OEr'!C/i 6urve i 1- ( e.a,ove G~3 0 o a., i 's y~li o r 2'a~'er su y crre a 1'c cnrvr P . ` ~ \ 'fl 5u<. o!K Gosn ry Nao~?B DG~?: Irr C r. / _`b' 1 Ce( _,hno(,5 fo be v? /eae- 9C ro r . ,Y ?rerrrfi e> are rr. ZGnc F,%-c~. /.r.•. M/MQ~L SUBGi t1l ~ 1::?f~' ,\\VYJ? MADE RP2 ~ Lc` qro~:: c c~ zE Feb- ZSr?£: E : l v. tSGG. E i 0 C J SUFFOLK CO. HEALTH DEPT. APPROVAL r84~ I H. S. NO. 4 fib, 12 o,% B STATEMENT OF INTENT t CI, THE WATER SUPPLY AND SEWAGE DISPOSAL o SYSTEMS FOR THIS RESIDENCE WILL S CONFORM TO THE STANDARDS r c? _ O F THE S P/ ~T UFFOLK CO. DEPT. OF HEALTH SERVICES. $ , FA 4a r .tom s~ (S) APPLICANT ,4 i - 16 SUFFOLK COUNTY DEPT 0Q OF HEALTH w SERVICES - FOR APPROVAL FOR i t~ rfcr0:1l~k7 9s ,i,,,; y oak' " I CONSTRUCTION ONLY DATE" H. S. REF. NO. ,e,o + APPROVED: 1 ^r, f -~''AlFat haltP ,o-7 + n _ 7~ - =f ti . t - SW~"~ ~'joot r~~i~~~.'- ' rfit •j°'1 ' , - - F~ L SUFFOLK CO TAX MAP DESIGNATION: \ ~--x- area 1. ~p ~Ty~! ,1`y~""~_--.9~~ ~ •Na I DIST. SECT BLOCK PCL-J s OWNfRS ADDRESS 4 7 n'PA Y QJ!!=~ t1i \ % f e'xi S~.L is ri1~ V ~ y. •~-11 /~1 ~i? I Ji t DEED: L. P. I 15 TEST HOL STaM ' - b T I. bOtio wleay b arbWbnd section 7208 dtlw Now York 94b Effwision, Low. ~ n- .st~ yr?• I ~ Copies dthis surwY map not OSSNq "few survowes inked see 0t I r<1 i ~ '78 C C t! r - anEara east shall n m caneiOwM i - r° _ I ~ i bW4valid We apF d Y r Guaranees inQiceteo herein 61uJ1 M r.; •r ::I only to Me per4on for wham Me surw "°r ~ , , i tsvrep4reM1 eno on hs behaxw pr bile company, governmental aPnCY will Iw4wg wmtemion doted hereon and T _ i - to0wassignees ofMebnekpFwtl- :r') r•: - ."7 \ i ie :1~ i ,`fG.'-l f. '4i JL'•iQ .:!hY i_i.. r / iA_" C 1..~ f""'if,. ~?1l"'7 tM l r fulbn. Guarantees are not banWnEM t?: T'N r. ~ - I j ~ to aeatlmel bstsutbnaaw0aapulrq q N S udeva r Y lc t3 Prinz l ' I t ~ ~ y BAI~:'BAl r~ I't I L L E CK SEAL Mq 7995 i. ~:ouF~rt• N a I r~ "Ma... 3, x995 AT - , ro, 4 v- i I PF Nq _ Mar. ! 19 CO ot` V lvJay 3.; , !99$ So v r~aa i n, RODERICK VAN TUYL. P.C. -1 to ¢ t/.:._ Tw _.rr' i f . 1/4/ p0 ' <S 2562E M~yS20 i tf:.Z6 r l/~S sOLAND S + - LICENSED LANDSURVF~YORS GREENPORT NEW YORK SUF CO. HEALTH DEPT. APPRojAL H. S. NO. . y?f1tS IP~aY A}} ffie T~ { j ! _ eJ ~ ~ ftra sA n`O ` STATEMENT OF IN NT THE WATER SUPPLY AND SEWAGE DISPOSAL 7 C~4wtt.1 1i U SYSTEM FOR THIS RI$I06114CE WILL `4. ?j~JP"4°~ ~'1 CONFORM TO THE STANDARDS OF THE i Vk A r $t 7'll~ SUFFOLK CO DEPT OF HLALTfit SERVICES. IS) for. i i¢ Y APJCANT l i • y StWFOLK CDUNTY DEPT. OF HEALTH SILRVICES FOR APPROVAL POR r \ COM TRUCTION ONLY l Aw 1-4 4119 4 ro N. S, wonvo 4 ^l ~Iy r ~ f7 1 ' K . TAX 1P rivw. SECT. st.ocK rcL. ,I- 1, ~l1~~ ~ ? , ~ ~ , ` . ~ c` ~ " r ' a~~~ .r Y . }Yi G2:'4 A ~ ADOMM- #dip ; r 'r WF1c.v: L. P. qw V4 _ _ ~y~{y !K• ~LfJs: Sea'$!" "mss a Poe • t j'~i'c : ` `"~"1,r: ,?"9i A4E~rat~L~`1~4fi~IR !i1fN!Il~j~ A*'40 `o;::,•,. i 'At X09 i r low 4S 250~ i. cry' G~.'Tl i7<. ail. Y. tANDS' Y. . Yi -r Y .Y Y I I.: 1 . ? ..,A { ' .4'Y ? f ~ ..„~J •AMf F .Y . " 4" opi z~. Update for the File and Record Re: Appeal No. 4314 - James and Barbara Miller as Contract Vendees (Paradise Point Parcel near Marina) 8/8/95 11:00 a.m. Mr. Miller came by and indicated that he wishes to submit a map similar to the attached sketch (prepared in draft form by his office) which is to include the following when finalized: 1. Parcels A and B are shown to be proposed in separate ownership in the future, if followed through at a later date between the association and the property owners. The solid red line shows the proposed division of ownership; the southerly section to be for the marina-association use and ownership, and the northerly section for a proposed residence, private ownership. The jetty strip is not being included as ownership to either Miller or the association, and the question ownership Mr. Miller agrees is still unknown and is expected to be resolved in the future. 2. Access at end of Basin Road will not be less than 28 feet in width, and the 10 ft. strip (running east-west) is an additional "open area" proposed for ownership by Barbara and James Miller for purposes of maintaining the new well without disturbance or vehicles traveling over the well. 3. Mr. Miller explained that Mr. Curcuru's driveway access will not be changed and will continue where it presently is (marked on draft copy). 4. Mr. Miller said they plan to remove the existing blacktop and turnaround area, and place a new stone driveway area for the house. Apparently the present traveled area to the turnaround used by other lot owners is proposed to be changed, however, Mr. Miller says the changes should not prevent access by lot owners to the jetty, docks, or to the parking area. Fire truck access would be available at the 28-ft. wide access point at the end of Basin Road (Regarding the fire access, existing trees or other obstructions are not shown on the draft map.) 5. The setback for the proposed house was increased from the north side from Town Harbor with variables at 65 feet to the house walls, and at 60 feet to the roofed deck. The house area appears to have shifted to gain the setback. 6. Re: Marina portion. Parking area is shown, but is proposed. (There may be trees in this area now and should be clarified.) Draft ketch attached for reference if needed by Board Members ZBA lk Jpdate with Office 8/8/95 11:45 a.m. ~raF°F- le Qe ClnauZed by m,tler MAP OF PROPERTY -or s LLbm s s, o r~ AT 41,sousjQS c PARADISE POINT 8 9-9 T-Hear,15 • SOUTHOLD, N.Y. August 2, 1995 \ 1004 p` SCALE p I/~ /T 1100 ~g V I I I .04, 01 50' 100: i TOWN J _ BASIN bo y w I c AS Q a RIGHT OF WAY pROposED XIT X `r~ G adjusted d \ ae to erosion \ \ n I a MAP OF PROPERTY _ AT \ FD)! 1E, PARADISE POINT SOUTHOLD, N.Y. AS 8 Ia95 August 2, 1995 SCALE ~ dog . Of 50' 100' TOWN ' O 6y. 6`. BASIN \ I G V ~ d• BASIN ¢ aoOi ROAD ° X RIGHT OF WAY \ \ v \ V PR OPOSED (12'X1$) \ v y ` y PARKR`1G adjusted \ \ \ ~ due to erosion ~ A ri ^ A -o 4v rr J y 1 P ~ H ON ONE RA DISC P A T pk . B~ YV/E .!N 7-OW/V 'OF SOUTHpLO • SCJFFOLK COUNTY NEW YORK AF?~i4 9./B,~CR•ES ~ . SC.9LE /N P'rr,L~7 l ' a so f rt Ses zoo loa 400 soo ip /963 Owr~ed e+nd beaus/odd by ~~?fN/N~ BOARp FARAD/SE Po/NT CO/4pJRA~70 R • SOU cold N y rrscan A n~ 3 p0 y ~'Ar o 9 l - - - I{/OS ri S ITIOGG a ' ~d/?'!ar•z~963 Vq e been set ,d 1~0$- - iM ~ . Q: or, PoradrsG Poir~f Cor~ro7li.3h' ~ e N t I SI h l .f7o 7e n Y / ~u~'ur~ aXlBnsuon ~?y B jA 5 eft o~/ yrer ago. / d~^ ~ CorPgr~fy l ~/p ~ r ~ •~i-pn/- ....c t. / ice' i? 7 00 B AS1 /V °D- l t °o s q ~r 6 ( 00 rs~ e y 1 Oilb I 8 ( ;'o Psel~ •l ~.le f• f I , Ito" 9 06 P ° ~ r n~~/•r~-'s6: ~"E $ ~ do.~s sa ?r• 'cr~Q P~•. . -TT 10 Ir and is sc 1 . F ho : BpotJe://~,.~?" ~tFnez b~. f7f. ~ 6n J 0 a6~ / / / r;;!97000 /412,00 coo ~ ~ ~ N ~ , / 3 / gyy~s rin s 3' •4 14 7G ayfiv C/boq /17JiR/7fL' (I ~~LiVA d ~ n~ p o- .ems, s ~ ' I ~~r 5 t ,2 ,~~o Ati~ ~ o rn r ~y I for u~a aruners T ! j -o~ ;o S S thru 3 7 -s ' - V-f 3.p k m c c/rcu4u z i ~ j - ~`HC~ j3) ' ' C ! j tc ~ f- ~ I r \ H~ r . ~A tom' E i~ h w"C/ad-houae/! r 4 • r? c f 2 , road C6 1 4 ~ -NoTEs , + s Courry Tux ParcEs/a: 104Q-v6l- 1- 16. tJ r v, G.:'rF/'ncr, ,s %t +rr/ Aivrf alb C.O. I%. jr,'. to/, dE~ itrf 64?rVey. 111 h'c lni'• 1-~ b~ l:rr~`.7eF~ ~ubd>'y/a'>rv: y ,--'oa '-k' /"r,':h'Fr;F:Y}~t" 1~ ~L-~47'~BY i`:/r~?f:~ <0 t1 Ci AS I~[do E Ui 6~J Kti JFUi ~/%•%fi5 Wir~ Frj GA'-Y :S.S: r>oa.'•' fo be E7 r' Icc~st /O G.' 7f /orrt IA11770a1-. l1i.e<,`r?•:, r C) / Arr,•C"Nf74r ~ CJC~: /ti i 9bY0 ,r' r,.. '1 I r E A• ICJ n NAY. 2lF, _ ` Feb. ~3, /98I GCr/NT n/lay r~, r98r - 5ur'v'C'yBE~ r~)r,Fof nrlGSp~h~v' s~~t, 1,2, /9Bo MAUTHORIZED ALTERATION OR ADDITM ,0'0 de). I /4 va n 7 7 ,I . , TO TINS SURVEY IS A VIOLATION OF ~ G SECTION 7709 OF THE NEW YORK STATE /07' EDUCATION LAW. _ COPIES OF THIS SURVEY MAP NOT BEARING t,, : ~ $ C: S u f3 : 1 t" l.Y 1, C J A, L.. THE LAND SURVEYOR'S INYM SEAL OR J. EMBOSSED SEAL SHALL NOT BE CONSIDERED ' (J 1 ~B 4d 1f~7~. r'i ? TO BE A VALID TRUE COPY. 'jr GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO TIE TITLE COMPANY, GOVERNMENTAL AGENCY AN' LENDING INSTITUTION L'STED HE 1ADN, AND TO T4F ASLQNEES OF THE LENDWIG IHSTF- - - - Update for the File and Record Re: Appeal No. 4314 - James and Barbara Miller as Contract Vendees (Paradise Point Parcel near Marina) 8/8/95 11:00 a.m. Mr. Miller came by and indicated that he wishes to submit a map similar to the attached sketch (prepared in draft form by his office) which is to include the following when finalized: 1. Parcels A and B are shown to be proposed in separate ownership in the future, if followed through at a later date between the association and the property owners. The solid red line shows the proposed division of ownership; the southerly section to be for the marina-association use and ownership, and the northerly section for a proposed residence, private ownership. The jetty strip is not being included as ownership to either Miller or the association, and the question ownership Mr. Miller agrees is still unknown and is expected to be resolved in the future. 2. Access at end of Basin Road will not be less than 28 feet in width, and the 10 ft. strip (running east-west) is an additional "open area" proposed for ownership by Barbara and James Miller for purposes of maintaining the new well without disturbance or vehicles traveling over the well. 3. Mr. Miller explained that Mr. Curcuru's driveway access will not be changed and will continue where it presently is (marked on draft copy). 4. Mr. Miller said they plan to remove the existing blacktop and turnaround area, and place a new stone driveway area for the house. Apparently the present traveled area to the turnaround used by other lot owners is proposed to be changed, however, Mr. Miller says the changes should not prevent access by lot owners to the jetty, docks, or to the parking area. Fire truck access would be available at the 28-ft. wide access point at the end of Basin Road (Regarding the fire access, existing trees or other obstructions are not shown on the draft map.) 5. The setback for the proposed house was increased from the north side from Town Harbor with variables at 65 feet to the house walls, and at 60 feet to the roofed deck. The house area appears to have shifted to gain the setback. 6. Re: Marina portion. Parking area is shown, but is proposed. (There may be trees in this area now and should be clarified.) Draft ketch attached for reference if needed by Board Members ZBA 1~Jpdate with Office 8/8/95 11:45 a.m. ra-F-F- 1 D ~e Sri naybyS bm`ssecn MAP OF PROPERTY o ~ 4 f AT ~;scussicns ai PARADISE POINT 8-9-9s tl ear.n5 SOUTHOLD, N.Y. August 2, 1995 1000 C" P9 ~p SCALE 100, Oiz a AUG - 8 0' 50' 1001' _ - I- i _1 t - / `tom o J TOWN / To BASIN u.• ' r c )fit. / e tiF~>`v AREA L~ RIGHT r OF WAY PROPOSED o N lR'1 PACING adjusted due to 1 ~ILtV erosion ~r~oa] P .1 .14hh. • 0 APPEALS BOARD MEMBERS UFfO~~Yearn, y Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD UPDATE BY FAX TRANSMISSION 878-6803 TO: Annette Eaderesto, Esq. FROM: ZBA Office DATE: August 8, 1995 SUBJECT: Appeal No. 4314 - Application of Barbara Miller Attached is a copy of a draft map which was left with our office today by Mr. Miller and which should be received tomorrow by Board Members. The map was prepared by Mr. Miller's company, I understand, and his company will be preparing a final proposed map, I am told for the ZBA file record. Please be sure to address the issue of the setback variance still required. Also, Mr. Miller has indicated that there may be a future transfer of ownership of the southerly upland and underwater portion to show a separation between the marina and the residential portion. Please confirm the lot area for the residential portion in order that it may be included in the findings when a determination is made. (The 1.79 acre figure is reduced due to this, and the removal of the jetty area.) It is noted that although the house has been shifted to increase the northerly setbacks from Town Harbor, the setback requested is still an issue for discussion with the Board Members at the hearing. Sometimes it helps to show the enact square footage for each the deck, and the living area of the house, needing variances - such as a "building envelope" to code. Mr. Miller was asked to bring one copy of the building floor plans showing the roofed deck and living areas. cc: ZBA Members ff/~/~rs, ~rat`T- I e ~e ~ nau zed by •?.m;ilea' MAP OF PROPERTY 4- Oar s,bmiss,on9- AT -+a zzft 4f , d scusiIDos wt . PARADISE POINT 8,9-Rs ~~~"~5 i SOUTHOLD, N.Y. Aug=2,1995 1P9 SCALE 1000, 100 a, 0' 50' 100' f J TOWN ~oe BASIN o „ETA q RIGHT OF WAY X50 X P aposFD (12,, X 19) ~ p ARI+~ adiasred due to erosion r ~ `ori~iIla]A.' 77 AKE 8 EADERESTO P.C. TEI'516-878-6803 Jul 10'95 12:41 No.002 P.01/01 BLAHS & EADERESTO, P.C. Attorneys at law Paine bLB4k PloarergiyW. AUNME damo Q 160SotvA0e=Aveuae pwdwSUe6NewyOkII7n Tck51647S,= Fax 5I6-475-60I3 OeI3Rae7eoad Av®e July 10, 1995 PO.Beu1I86 CmrerMaoehes,NY 11934 Tel5I&878-2282 F=516.878-6803 BOSSD OF APPSAI.S TM OF SOOTSOLD Southold Town Hall 53095 Maim Road Southold, New York 11971 Att: GEARD P. WREMINGSR, Chairman Re: Application for variances (Miller/Sinning and others) Dear Mr. chairman: above accePtnedthis fromnJulye12as a , 1995 to request ugust adjourn 9, 195the . Thank you for your attention to this matter. ve lY Y , RSSTO AE/mm. cc: James and Barbara Miller Judge Boyd Christine Nicholl VI8 FACSIMIyE TRANMaSSION AND R86OI,Ag 1a=: 765-1823 APPEALS BOARD MEMBERS eev~gUFFO(~ ~~O ~Gy1j Southold Town Hall Gerard P. Goehringer, Chairman o° s 53095 Main Road Serge Doyen, Jr. V3 x P.O. Box 1179 James Dinizio, Jr. O v Southold, New York 11971 Robert A. Villa O~ ' Fax (516) 765-1823 Lydia A. Tortora 01 ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 i Christine Nicholl Ltd. 405 South Country Road Brookhaven, NY 11719 Re: Appl. of Barbara and James Miller Paradise Point SCTM #1000-81-1-16.7 (formerly p/o 16.4) Dear Ms. Nicholl: This will confirm that the documents received from you on Wednesday are at this time being transmitted to each of the Board Members for their site inspection and review. Since receiving the Planning Board letter of May 9, 1995, questions arose from Board Members about the status of the unfiled map in the files dating back to 1981 which apparently would have, if filed with the County, resulted in an amendment to the 1963 filed major subdivision map on filed with the County Clerk. It is the position of Board Members that in order for a filed major subdivision map to be amended, further steps are still necessary under the provisions of New York Town Law. You may wish to contact the attorney for the applicants in order for confirmation of the direction they plan to take to finalize the 1981 amendment to the filed major subdivision (1963) map. The variance application is being advertised for a public hearing to be held on June 7, 1995. In the interim, please be sure to furnish the following as early as possible to complete the variance file: a) copies of the current deeds in the names of the individuals as owners. You have furnished the deed showing ownership in 1985 by the corporation of "Paradise of Southold, Inc." of the entire premises known as 16.4 (now 16.7). It is unclear in the town records as to whether this corporation's ownership' has changed to owners individually. Page 2-May 19, 05 To: Christine Nicholl Ltd. Re: Appl. of Barbara and James Miller Paradise Point b) direction owners wish to take to complete or finalize the filing of the 1981 subdivision map and/or amendment of the 1963 major subdivision map. c) clarification of the southerly portion which now appears to be a separate tract of land for parking and access for the boat basin or marina area by the property owners in the Association. r Also, enclosed is a Poster Notice which must be placed on a stake located at the entrance of this property where it can be easily seen. The poster must be conspicuously located at this time. The Board Members are expected to visit the area within the next few days. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call us. Thank you. Very truly yours, Enclosures cJ, Z~9 BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of BARBARA AND JAMES MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others) ----------------------------------x CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of May, 1995, I personally posted the property known as 11580 Basin Road, Paradise Point, Southold, NY" by placing the Town's official poster Notice on a facing the road entrance at the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (dale of hearing noted thereon to be held June 7, 1995.) Dated: May 1995. (signature) 'Fidelity tional Title INSURANCE CO ANY OF NEW YORK ~c l' 1O AMENDED Application Date: October 6, 1994 Report Date: October 13, 1994 Title No. 2012027 APPLICANT AM)jLENT OF 1NSfJRAN1GE Attn: FEE: $ 390,000.00 Annette Eaderesto, Esq. MORTGAGE: $ Blake & Eaderesto, Esqs. P.O. Box 1 186 s, s =1h S R~DatV[QpTGAGE* .:y * . > yF 18 Railroad Avenue Center Moriches, N.Y. 11934 (516) 878-2282 FAX: (516) 878-6803 ,=akw .=ATAT:Y~~'iYG ['o:.: ..n...~~'.. m. ~'rp+` , r `V ,l'Vrt\iI:'AM.SGR. _ !o'(o Barbara Miller i %xM }lffNERr Chancy Cury, Gilman Hallenback, Gary Sinning & Paradise of Southold, Inc. i Edward John Boyd V, Esq. 54655 Main Road s: Wrt~E3 itSTRC3CIlO~i5 . t 2 i P.O. Box 1468 : 'Southold, N.Y. 11971 Applicant to Send New Survey (516)765-1555 MAN :~:~:,;?~~a>vGCkIVIFAh[Y fHARGES ~ ~ ` Fee Premium 1,776.00 Optional Market Value Rider 178.00 Street Report 30.00 Variance With Fee 225.00 No# Basin Road, Southold, New York Town of Southold County of Suffolk Filed Map: No. Lot: Dist: 1000 Sect: 081.00 Block: 01.00 Lot: 016.007 Sub-Total 2,209.00 REGORII[IU£fE>;GHAR~~$s..,=, Conveying Tax 1,560.00 >=..5PECI/lL FN~'FRUGT10rik~ _t`~! , Estimated Recording Charges 200.00 Cf4/ 015S` x965:b0 Ct 7kL 41 1149 Old Country Road, Bldg. D * Riverhead, New York 11901 * (516) 727-0600 * FAX (516) 727-0606 0 Fidelity National Title INSURANCE COWANY OF NEW YORK TITLE NO: 2012027 DISTRICT: 1000 SECTION: 81 BLOCK: 1 LOT: 16.7 Town of Southold Southold, NY Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other or further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and seperate ownership of: Paradise of Southold Inc./Curry/Hallenbeck/Sinning and his/her predecessors in title since prior to 1957 except as follows: (see attached chains of title). The liability of the Company is limited to the amount of the fee paid. DATED: 5/31/95 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. ODELL Sworn to before me this 1st day of June 1995 V-aiuu~ Notary Public NX%EI.IE VAL NOTMVPJM STATEOF NEW YORK 8 FFO1X COIMIY • NO. mvA4w Toil ENNiIES OECFIiEA 1L tYi~ 1149 Old Country Road, Building D • Riverhead, New York 11901 (516) 727-0600 • FAX: (516) 727-0606 Fidelity National Title INSURANCE COMPANY OF NEW YORK TITLE NO: 2012027 STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: SANDRA J. ODELL, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: District 1000,Section 81, Block 1, Lot 16.7 That the said records indicate the following chains of title as to premises ands adjoining lots since prior to 1957. SUBJECT PREMISES: 1000-81-1-16.7 Genevieve Searle Jennie Searle Dated: 9/13/47 to Rec'd: 10/20/47 Paradise Point Incorporated Liber 2765 cp 318 Nelson S. Robinson Martha S. Robinson, his wife Dated: 9/8/54 to Rec'd: 10/17/55 Nelson S. Robinson, as Trustee Liber 3995 cp 434 Nelson S. Robinson, as Trustee Paradise Point Incorporated Dated: 10/22/60 to Rec'd: 10/24/60 Paradise Point Corporation Liber 4894 cp 365 continued.... FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK BY : ; jf/ j /L J. d2z~-Lz Sworn to before me SANDRA T~l ODELL this 1st day of June, 1995 / 1d t C/~ k ~C t UCU-e. Notary Public MOEU E VAL NOTARY TNRA STATE OF NEW YORK SUFFOUt COUNTY • NO.OIVA-407M TERN EXPIRES OECENBER 18. IW 1149 Old Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX: (516) 727-0606 Fidelity National Title INSURANCE COMPANY OF NEW YORK Paradise Point Corporation Dated: 10/29/81 to Rec'd: 10/29/81 J. Lane Curry 377 interest Liber 9093 cp 1 Gilman Hallenbeck, 327 interest Gary Sinning, 297, interest John Schutte, 2% interest Laurel Ann Shaw, Sole distributee and heir-at-law of John H. Schutte Dated: 4/12/85 to Recd: 4/16/85 Paradise of Southold Inc. Liber 9771 cp 385 John H. Schutte deceased 1/21/82 496A1982. LAST DEED OF RECORD VARIANCE SOUTH AND WEST: 100-81-1-16.010 Genevieve Searle Jennie Searle Dated: 9/13/47 to Recd: 10/20/47 Paradise Point Incorporated Liber 2765 cp 318 Nelson S. Robinson Martha S. Robinson, his wife Dated: 9/8/54 to Recd: 10/17/55 Nelson S. Robinson, as Trustee Liber 3995 cp 434 Nelson S. Robinson, as Trustee Paradise Point Incorporated Dated: 10/22/60 to Rec'd: 10/24/60 Paradise Point Corporation Liber 4894 cp 365 continued.... FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK BY: 1. SANDRA J. ODELL Sworn to before me this 1st day of June, 1995 V1 GtZ Notary Public MI HMMVAL NOTARY PUBM STALE OF NEW YORK S R A 90 TEU EVIRESMMMNA I- . 1149 Old Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX: (516) 727-0606 Fidelity National Title INSURANCE COMPANY OF NEW YORK Paradise Point Corporation Dated: 10/29/81 to Rec'd: 10/29/81 J. Lane Curry, 377• interest Liber 9093 cp 1 Gilman Hallenbeck, 327 interest Gary sinning, 297, interest John Schutte, 27, interest Laurel Ann Shaw, Sole Distributee and heir-at-law of John H. Schutte Dated: 4/12/85 to Rec'd: 4/16/85 Paradise of Southold Inc. Liber 9771 cp 385 J. Lane Curry, 377 interest Gilman Hallenbeck, 32% interest Garry Sinning, 297, interest Paradise of Southold Inc., 27, interest Dated: 2/23/89 to Recd: 2/24/89 Paradise Point Association Inc. Liber 10804 cp 555 LAST DEED OF RECORD VARIANCE EAST: 1000-81-1-17 Genevieve Searle Jennie Searle Dated: 9/13/47 to REc'd: 10/20/47 Paradise Point Incorporated Liber 2765 cp 318 Nelson S. Robinson Martha S. Robinson, his wife Dated: 9/8/54 to Recd: 10/17/55 Nelson S. Robinson, as Trustee Liber 3995 cp 434 Nelson S. Robinson, as Trustee Paradise Point Incorporated Dated: 10/22/60 to Rec'd: 10/24/60 Paradise Point Corporation Liber 4894 cp 365 continued.... FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK BY:~~f~1- f/I Sworn to before me this SANDRA J. ODE' lst day of June, 1995 q'vu CA-e-t7.(..,2 Vac-( Notary Public M CFEU VAL NOTARYRMA STATE OF NEW YORK SUFM COUNTY - NO.01 VA19B79e TERM EXPIRES DECEMBER 19,199,6 1149 Old Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX: (516) 727-0606 0 Fidelity National Title INSURANCE COMPANY OF NEW YORK Paradise Point Corporation Dated: 1/11/69 to Rec'd: 7/15/69 Edmond H. Curcuru Liber 6584 cp 537 Patricia N. Curcuru, his wife LAST DEED OF RECORD VARIANCE EAST: 1000-81-1-13.1 Genevieve Searle Jennie Searle Dated: 9/13/47 to Recd: 10/20/47 Paradise Point Incorporated Liber 2765 cp 318 Nelson S. Robinson Martha S. Robinson, his wife Dated: 9/8/54 to Rec'd: 10/17/55 Nelson S. Robinson, as Trustee Liber 3995 cp 434 Nelson S. Robinson, as Trustee Paradise Point Incorporated Dated: 10/22/60 to Rec'd: 10/24/60 Paradise Point Corporation Liber 4894 cp 365 Paradise Point Corporation Dated: 10/8/80 to Rec'd: 10/17/80 Barney V. Monticello Liber 8899 cp 53 Michlina Monticello, his wife Barney V. Monticello Michlina Monticello, his wife Dated: 1/12/88 to Rec'd: 1/29/88 Micheline Monticello Liber 10528 cp 168 continued.... FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Sworn to before me this BY:i~~'/~~~~( ((AC1~ lst day of June, 1995 SANDRA J. ODELjY `tio uu-~ Ua.j Notary Public MICHELLE VAIL NOTARY RJBLIC, STATE OF NEW YORK SUFFOLK COUNTY -N0.01VAd9697 MW EXPIRES DECEMBER 16,199, ' 1149 Old Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX: (516) 727-0606 =1 Fidelity National Title INSURANCE COMPANY OF NEW YORK Micheline Monticello Dated: 1/12/88 to Rec'd: 1/29/88 Dale W. Maynard Liber 10528 cp 170 Joann L. Maynard, his wife LAST DEED OF RECORD VARIANCE NORTH: SOUTHOLD BAY VARIANCE EAST: BASIN ROAD FIDELITY NATIONAL TITLE /I~/N~SURRANCE CpOMPANY OF NEW YORK B Y: SANDRA J. ODEIZ/ Sworn to before me this 1st day of June, 1995 Notary Public MICHELLE PAIL NOTARY FUSLIC, STATE OF NEW YORK SUFFOLK COUNTY • N0.01YA•49N799 TERM EXPIRES DECENSER 19.199y 1149 Old Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX: (516) 727-0606 . ~ . AWd. high vAfda,r mark t r~ I, ~1 ,,I ~ r ~i; Q'n ~ ~ r. ui•cu.'u VIP Ar r 13401 1~ ~ I r / I1, M ~ 1qd t,+ 9' L~ rY ei"/ tl ~1 1 v / FQxradilk> IinF'~t, /rk~ 181 +b• . i' Sol "'000'Y4. - U II, 14=0 ~iI= Xy r I ^'t~L.:p~~•f+k»w+r-i•«.~.C.S'.i-........._....~.-7j.,.. ..~.r J'-^y---^--""" a...a_._. _.L.t+~.- I v • j, Page 4 - Legal NotiAp Regular Meeting of June 7, 1995 Southold Town Board of Appeals 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; i 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). 7. 8:15 p.m. Appl. No. SE-4246 - LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Page 5 - Legal Notio • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Main Road, Mattituck), and is located in the B General Business Zone District. Property ID No. 1000-122-6-26. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. "If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 18, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x i T ~////~G~{{¢¢lt/"/it ~/t~'y,f~VU/gI' 7p/~9.S ,SOK~Id 77, ~°061~1 s'r/~K~S 8:15 p.m. Appl. No. 4314 - Variance request for JAMES AND BARBARA MILLER, contract vendees. (Owner: Paradise of Southold, Inc. and Others). 580 Basin Road, Southold; Paradise Point, Section One, 1963 bled Map No. 3761; 1000-81-1-16.7 (formerly p.o 16.4). The Chairman read the legal notice of hearing and part of the application for the audience. CHAIRMAN: I have a copy of the survey indicating a proposed house and proposed swimming pool area. I guess the easiest way to say it, it's proposed 58 feet, 51 feet at its closest point to the Basin, and approximately 100 feet - pardon me, I'm in reverse, I apologize, approximately 100 feet from the basin and approximately 51 feet at its closest point to the bulkhead on Peconic Bay. And I have a copy of the Suffolk County Tax Map indicating this and surrounding and surrounding properties in the area. Is there somebody that would like to be heard? ANNETTE ADERESTO, ESQ: Good evening, Mr. Chairman. My name is Annette Aderesto of Blake and Aderesto, 18 Railroad Road, Center Moriches, NY. I represent the applicants who are contract vendees, James and Barbara Miller. The application before you requests permission to build a single-family dwelling, garage, pool and decks on a 1.79 acre parcel which consists of 78,000 square feet. This application is based on conformity, practical difficulty and economic hardship. The subject parcel is a parcel known as Tax Lot District 1000, Section 81, Block 1, Lot 16.7 located at Paradise Page fb - Hearing Qnscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Point, Southold, New York. This parcel was designated as a single and separate lot on June 1, 1981 by the Planning Board of this Town.In addition, a (vacant land) Certificate of Occupancy for the subject parcel was also issued by the Building Department on June 12, 1981. And I would just like to read the language of that Certificate of Occupancy, This is a single and separate lot as approved by the Southold Town Planning Board June 1, 1981 with access to a street...." This lot has been held in single and separate ownership since the date of that grant and since the date of that C. 0. Thus, I believe this is a buildable lot. In addition, subsequent to the filing of this application, as late as yesterday on June 6, 1995, the Planning Board determined that it had approved this lot in 1981, that it would not request Department of Health approval of the reconfiguration of this lot as approved in 1981 and the Planning Board in addition is not requiring the 1981 map to be filed with the County Clerk's Office. Also, the Planning Board advised they are not requiring any amendment to the 1963 map of Paradise Point. No further steps need be taken with this Planning Board regarding the buildability of this lot. Accordingly, on the first variance requested, I believe this lot is a single and separate lot and a buildable lot pursuant to the Town action taken in 1981. This parcel is recognized by the Planning Board as a buildable lot today without requiring any additional map filings in the Suffolk County Clerk's Office. Page 17 - Hearing Onscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Also, on the fourthvariance, Basin Road abuts this property and the subject premises, and it gives access to the subject premises. The applicant has no intention of extending Basin Road as they have legal access from Basin Road and as a C.O. from the Town states, they have access to the Road. Therefore, I believe that the fourth variance requested is unnecessary, and perhaps the Board will consider making a motion to withdraw that request. A review of the tax map of the area indicates that this parcel is almost twice as large as the majority of lots on Paradise Point. This lot was always intended to be a separate building lot. The area of the lot is 78,000 square feet which in substantial compliance with the 80,000 sq. ft. required in the R-80 zone, thus there is conformity to the area. As to the subject of two uses on the subject premises, the lot currently has an easement running with the land in favor of Paradise Point Associates, Inc. This is utilized for parking and access to approximately 13 boats slips in the boat basin. I must emphasize that this is a private association. It is not open to the public. The boat basin itself is a separate tax parcel known as District 1000 Section 81 Block 1 Lot 16.8. And it consists of 84,000 sq. ft. Thus, the total square footage of the two parcels, tax lot 16.7 and 16.8 is 162,000 sq. ft., which is in excess of the 160 sq. ft. that the town feels is required for two uses on one premises. The only reason an easement is necessary to access the Boat Basin and the Boat Basin in entirely underwater. Thus, for obvious reasons, for Page - Hearing Onscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals parking of cars to get to the boat slips, there must be an easement on Lot 16.7 which is the subject parcel. It must be stressed again that the Association is private. This is a minimal use. We're talking about approximately 13 boat slips. It's not open to the public and it's a seasonal use. The boat basin has been used and docks present at the boat basin since the late 1950s. Tax lot 16.7 has been used to gain access to the boat basin since the mid-1960s, and so it was in existence when the Planning Board issued their decree that this was a buildable lot in 1981. The parking was also in existence at that time and it was in existence when the Building Department issued their C.O. on this lot. The third variance requested by the applicant tonight is for a 51-ft. setback from the existing bulkhead. This variance is based on practical difficulty with the land. The subject parcel as the Board can see from the survey is an irregularly shaped parcel. In addition to being an irregularly shaped parcel, the topography map shows that this parcel varies greatly in elevations. The bulkheading of this parcel is on its north side and part of its westerly side. The parcel is surrounded by water on three sides. The location of the house 51 feet from the existing bulkhead places the rear of the residence at the septic systems 100 feet from the wetlands are on the southerly and easterly portion of the premises, that portion which is not bulkheaded. This 100 ft. setback is required by the D.E.C. In addition, the house has been proposed on one of the higher elevations of the property, and this would be advantageous in Page /9 - Hearing Onscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals preventing any flooding of the proposed structure. At this time, I would ask that the Board accept Mr. Fred Wood who is a licensed real estate appraiser to testify as an expert on this application. CHAIRMAN: Good evening, Mr. Weber. How are you? MR. FRED WEBER: My name is Frederick Weber. I'm a licensed real estate appraiser having appraised real property in Suffolk County for the past 22 years. I have appeared before your Board previously. I believe the most recent was about three years and there was a change obviously in the Board Members since that time. CHAIRMAN: We're getting better looking. MR. WEBER: Yes, I would grant that. The fairer sex is also present here at this Board. Ms. Aderesto had described the property and the topography, and the fact that the parcel is surrounding by water quite adequately so I won't be going into that in any great detail. But I would like to describe the area with regard to the zoning, lot width, lot size, and things of that sort. As you can see from the Suffolk County Tax Map which you have in front of you the subject property is significantly larger than any of the adjoining and surrounding properties by a factor of two in many cases. There are obviously larger parcels elsewhere within this community larger than the subject property, but in the immediate area this is one of the larger parcels, and as you have heard, it does have an area of 78,000 sq. ft. So the variance that's being requested is nominal. Two-thousand square foot variance, or actually 2-1/2 percent with regard to your ordinances. Page ,40 - Hearing Onscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals The adjoining parcels have varying style residences on them. We have a mixture of residences, and I do have some photographs to leave with you that vary from single-family - I should say one-story residences, we have two-story, contemporary style residences, two-story colonials, and various configurations or branches. These dwellings as I see them vary in nature, I would guess from the oldest probably being somewhere about 25 to 30 years old. The newest being, having been constructed very recently. So we have an area that homogeneous with regard to its variations. There are varying styles of residences. Varying ages of residences. And varying sized size. So the subject property being a newer residence on a larger lot would fit in with the general scheme of things in the Paradise Point subdivision. It's my opinion therefore that based on the conformity that I've explained to you this evening that there would be no adverse effect on the character of the area should the variance be granted for the 2,000 sq. ft. relief in lot area. I further my opinion that there will be no physical change in the neighborhood, by the granting of this requested variance. It's further my opinion that there will be no adverse effect on the surrounding properties, immediately adjoining, or any of the surrounding parcels with regard to the reduction in value of those properties or with regard to the use and enjoyment of any of those parcels. It's my opinion that the residence will be constructed at this site will not detract from the neighborhood. In fact its location and lot size enhance the overall Page a / - Hearing Onscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals value of this location. my opinion is there will be no change and will have sufficient utilities and services available. With regard to the relief for the setback on the bulkhead. Your ordinances require 75 feet. What's proposed is 51 feet, and as indicated by Mrs. Aneresto, the topography of the site varies considerably from obviously the sea level along the shore lines, the three shore lines, to as great as, I believe, it's 16 feet. The residence is sited in such a way that it takes advantage of the high ground for several reasons: for view, also for minimizing the environmental impact on the site. You can see if we located the residence in other spots within the site, it would require more clearing and greater grade, which would have even a greater effect on the environment. Based on the survey that you have in front of you of the adjoining properties, I believe that's owned by the Curcuru's and based on what I could observe in the field by walking the property and estimating - guestimating the setbacks of at least the adjoining residence to the east, that appears to be less than 75 feet. By my estimate which is crude, I would say it's between 55 and 60 ft. setback. I would further venture an opinion that that is probably true of other residences constructed in Paradise Point probably under prior zoning ordinances. It's my opinion in regard to the requested relief for setback that this again would not change the character of the area if this variance should be granted, and it would not have any adverse effect on the adjoining properties, nor would it physically change the character of the neighborhood. Page - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals It's my opinion further that there would be no adverse effect on the use of the enjoyment of the surrounding properties should this variance be granted. That would conclude my testimony, Mr. Chairman. I'm going to leave the Board with some. photographs of the properties that were mentioned in the immediate area, and I would be happy to answer any questions that the Board may have. CHAIRMAN: I have one request from you, and we'll see if there are any questions first (from the audience). You're welcome to give me the pictures. Thank you. MR. WEBER: Thank you. CHAIRMAN: Does anybody have any questions of this real estate agent, broker? MEMBER VILLA: I have one question that I could ask. You're talking about value here and this Board, of course, when we entertain a variance we try to give a minimum amount of variance granted. I'm looking at the proposed house which is 76 feet wide and 76 feet deep, and it seems to be an excessive size building for the Isn't there a way that that could be reduced and get a greater setback from the bulkhead? MR. WEBER: That's always possible, a physical change in size, however, I would like to answer that in this way. The property as you see is a very strategically placed parcel. It has waterviewof the basin, it has actually three water frontages, and it has a spectacular view of the Southold Bay. The parcel itself as you know has a very large - has a great value. Based on market activity and Page a3 - Hearing0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals sales in this location, it's probably somewhere between 400 and 500,000 dollars for the value of this parcel, as a buildable site. With that sort of land investment, we're interested in trying to relate to the structure that would be built on this parcel to the value of the parcel, so that would of course be a larger home. And I think it's a matter of preference in this case, but obviously a smaller home could be placed on this site, but I think that would be an undervaluation of the parcel based upon the great value of the site. There is no - in my opinion - there is no direct damage created to any of the surrounding properties by the size of the residence since the site is fairly well wooded. Both on the side facing the boat basin and on the east side of the property, so the size of the house would not be visible even to the neighbors, and even by the configuration, it would only be visible from the bay side itself. It would not be visible from the other-- MEMBER VILLA: Yes, but the setbacks are basically determined to try and protect our water quality. We're not worrying about the neighboring parcels as much as we worry about our waters out here. MR. WEBER: Yes, and I understand that. And I'm assuming, Mr. Villa, that the Suffolk County Water Authority - excuse me, Suffolk County Health Department would be assuring that the quality of the water would not be ( MEMBER VILLA: Well, they're taking care of the sanitary but the larger the house, generally the more activity is involved and everything that goes along with it. You're going to have, you know, a very expensive house. You're going to probably have very Page a~6 - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals expensive landscaping, which means probably more cultivation, everything that goes along with it. That's also true but we have a single-family residence here. It does not contain any apartments or anything of that sort. MEMBER VILLA: I realize that. MR. WEBER: And if memory serves me right, I believe that are four bedrooms - excuse me, three bedrooms. Three bedrooms. So that in and of itself would limit the number of occupants in the house. But I understand the grounds would be greater because of the size of it. MEMBER VILLA: I just look at the size of the house as being rather large. SECRETARY TO CHAIRMAN: , Do you know the square footage of the house? CHAIRMAN: Looking at it now, it's about 5,000 square feet (with decks, etc.). MR. WEBER: It was pointed out to me that the association requires a minimum square foot home of 2,400 square feet. The area of this particular residence is 3200 square feet. So it is in excess. But it's not significantly larger than 2400 square feet which is already here with the garage. MEMBER DINIZIO: Well, certainly 2400 sq. ft. is better than 3200. MEMBER WEBER: It's definitely smaller than 3200. Again, I go back to - previously, this, being a very large lot, 1.79 acres which is significantly larger than any of the parcels in the area, and if you've been, and I'm sure you've visited or are familiar with this site, there are some very large homes located in this community on Page d5 - Hearing0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals very small - I shouldn't say very small, smaller lots than this particular parcel. In some regards, as small as half of the size. And I would venture while I did not attempt to measure the size of those residences, they are fairly large homes in there. Which I am sure, at least approach the 3,000 square foot size of this - this is a one-story residence, it makes it look larger. MEMBER DINIZIO: I would just like to comment, you know, and carry one Bob's comments that, you know, the laws that we have currently - the up-zoning that we have was created for just that - to limit the needs for variances, and you know to make people build houses that comply and on larger lots - to save our water in all honesty. And, you know, to me this in my opinion of this whole thing from 1963, it appears to me that the intent of that lot was more for the community. And I further say that having a basin on there that's for the community, just convinces me more than the intent when this whole development was serious, that this piece of property would be for the community. I believe it even indicates it on one of the older maps. Let me just finish my comment first, and then you can go on. Also, the June 6th letter from the Planning Board seems to be unclear as to whether, and maybe you can comment on this, this second paragraph as to whether this is an actual lot or not, or whether there's a mistake made issuing this set-off, sort to speak. MRS. ADERESTO: The second paragraph of that letter? MEMBER DINIZIO: The first and second paragraphs. MRS. ADERESTO: Starting with accordingly? Page A6 - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Yes. MRS. ADERESTO: It just says there is no filed map with the County Clerk bearing Health Department approval. In 1981 when the set-off was approved, the Planning Board did not require that the applicant obtain Health Department approval prior to granting approval, and therefore cannot require it retroactively in 1995. The Planning Board does not plan to take any further steps in regard to the (coughing into microphone) ...as it is no longer within its jurisdiction. I think from reading the entire letter it is very clear that they feel no further steps need to be taken and then I had another copy of a memo that was sent to the Board of Appeals to the Planning Board with a notation by Melissa on the bottom: "As per Dick Ward no additional steps are being required by the Planning Board regarding this lot." BOARD SECRETARY: Yes, we have that. MRS. ANERESTO: So I feel that the Planning Board, and there's also an additional letter of the Planning Board that I think the Board has in their file. From May, that also deals with the issue of the buildability of this lot and their own action that they took in 1981. CHAIRMAN: I just have some questions of this attorney after you answer his question. Then I want to go back to Mr. Wood after that, and then we'll - MRS. ANERESTO: Certainly, whoever you would like. We're both here. Page 1.y - Hearing Oanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals Regarding this lot being utilized by the association and for the association use and not a buildable lot, the association did not even have a legal easement until 1989. That's when the easement - and I have a copy of that here from Fidelity National Title, recorded in the County Clerk's. That's when the easement was given. BOARD SECRETARY: But they owned it (Paradise Point Association) at some period in time, right? MRS. ANERESTO: There's a different entity - it was no the association. It was in a corporation that was just basically the owners that now own it, owned it in a different entity. The association as you know it now is Paradise Point Association never did own this, and don't now. They have an easement over it only. This is owned by - we have presented the deeds - four owners, and we're under contract to buy the entire parcel subject to the easement, and it was never intended, and I think by the 1981 coming to this (Town) and getting a C.O. as a buildable lot (sic), shows the owner's intent to always keep this as a buildable lot. At that time, the use was already used for parking in 1965. MEMBER VILLA: It didn't come to this Board. MRS. ANERESTO: To the Planning Board. MEMBER VILLA: How do you address the fact that Article VI of the Sanitary Code, County Center goes into effect in 1980 and said, "No lot shall be subdivided without health department approval"? MRS. ADERESTO: We have already applied for health department approval on this lot. They have accepted our application, and we will go to the Board of Review on this because of the salt-water Page Hearing tanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals problem in the area. They had not asked us for a subdivision. They recognized this as a separate lot, and we do have an application already filed. MEMBER TORTORA: In your contract of sale, Item #27, it says "purchaser understands and agrees that the ground water available at the premises does not and cannot meet the standards as established and administered by the Suffolk County Department of Health Services for domestic use." MRS. ADERESTO: That's correct. We knew when we signed this contract - my client knew that they would have to put a reverse-osmosis system in because this whole point has had to go through this and the various houses have had to go through this, and we have done numerous tests to see if we could find any available water, but it is - it's salt water there. So we have to install a reverse-osmosis system to get fresh water, and we have to go to the Suffolk County Health Department Board of Review for approval of that system. MEMBER TORTORA: And you referred to this property being a CO I believe in 1981? MRS. ADERESTO: Yes. MEMBER TORTORA: And as Bob Villa said the Article VI went in in 1980? MRS. ADERESTO: Yes. But we have applied to the Health Department for this structure and they have accepted our application and accepted this as a separate lot. And they have not asked us to subdivide. Page X29 - Hearing tanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER TORTORA: I'd like to see the original covenants and restrictions that went with this parcel? And previously you had said that you implied that somehow the Planning Board's action in 1981 would preempt any other agreement or covenants and restrictions that went with this parcel. Are you saying that this parcel was not and never has been set aside as a park and playground area in the subdivision? MRS. ADERESTO: No, it has not to my knowledge. In 1989 we gave them an easement for parking. The boat basin is part of the Association. Yes. That's a separate tax lot, that's 84,000 square feet. MEMBER TORTORA: But this parcel has never been a reserved area at any time? MRS. ADERESTO: Not to my knowledge, but with us here tonight and he will speak is John Sinning who is one of the owners, and certainly he knows a lot more about the history of that point than I could ever hope to learn in these few months that I have been involved in this. And I'll defer to him on anything. I have the title report here. From Fidelity National Title. And a review of that shows the easement that spoke of in 1989, and we do have here the filed map in 1963 which you asked about, and there are covenants if you would like to see that. Would you like to see that? MEMBER TORTORA: Would you give us a copy of that for our records please? CHAIRMAN: Well, let her look at it now and then we'll get a copy. MRS. ADERESTO: If you like to, I can get another copy of that. Page gel - Hearing*anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: Are you going to continue with this (to Member Villa). Ok. I just want to finish with Mr. Wood (meaning Mr. Weber), and then we'll go back with you, ok. Does anybody have any other questions of this real estate person? (None) Mr. Wood, I do remember you coming before us. You did a fine presentation tonight. I have only one request from you. Could you just supply us with your resume or your background? It doesn't have to be tonight. Just drop it MR. WEBER: I have it with me. CHAIRMAN: Oh, that's great. I appreciate that. MR. WEBER: I was in the process of answering the question. CHAIRMAN: Yes, surely. Let's finish that. MR. WEBER: We were talking about coverage and the size of the residence, and I wanted to point out that on your survey, your survey that was presented to you this evening, the coverage considering both the home and the pool is 7%, approximately seven percent of the lot area. CHAIRMAN: Are you saying "seven" percent? MR. WEBER: Yes, seven percent. While your ordinance, and I'm referring to the R-40 Zoning in the zoning manual indicates a permitted coverage although we're not asking for, coverage of this extent, permits coverage of 20 percent. So the actual coverage of this particular case is actually one-third, approximately, of what is permitted in R-80. Now, we realize the sensitivity of the location but we would ask that Board to consider this is a very special location as well for, providing a residence on this property which Page ?I - Hearing*anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals will give it justice, but I do understand the Board's concern about the size of the dwelling and the potential impact on the environment. Well we are submitting that it is less - MEMBER VILLA: Well we grant that but there's nothing to say that would be a 4500 sq. ft. house that you can't go three stories high, or go in height rather than closer to the bay. Right? MR. WEBER: That's right. The applicant is asking. One-story, it's not two stories. CHAIRMAN: Ok, thank you, Mr. Weber. And you'll supply us with that. Thank you. Let's go back to Miss or Mrs MRS. ADERESTO: Miss. CHAIRMAN: Does anybody have any questions of the attorney? MEMBER DINIZIO: Yes. In the Planning Board letter and all throughout this whole file, this lot entitled, "clubhouse" it says in the first paragraph of the Planning Board letter, they did go back to even one of the original maps, there a lot there entitled, "clubhouse". MRS. ADERESTO: Yes, I can - do you want me to point it out to you? MEMBER DINIZIO: No, you don't have to because it's the lot we're talking about, I'm assuming. MRS. ADERESTO: No, it's not. That's the lot on the point. I think that'll clear things up for you too. It's over here. That's the point. MEMBER DINIZIO: Ok. MRS. ADERESTO: That's a triangular shaped lot. Page Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Just a second. (to Board Secretary: Why did the PB address that? BOARD SECRETARY TO MEMBER DINIZIO: Because this was their minor subdivision, these four lots. MEMBER DINIZIO: Ok. Ok, thank you. MRS. ADERESTO: You're welcome. CHAIRMAN: Ok. Any questions from you, Bob at this point? Do you want me to continue? MEMBER VILLA: I'm following Jim's line of thinking, I know where he's coming from, I think. And the 1.7 acre lot that they're talking about in the first one was unnumbered. The question is why did they leave it unnumbered in that time. They left it unnumbered at that time because it wasn't a building lot. MRS. ADERESTO: It was described property. That's why. It wasn't part of the map, not because they and Mr. Sinning is here who can tell you also from his own knowledge and they're the owners and they now what they did and how they proceeded with it, but the way it was explained to me was it was just not part of the filed map. It was never intended for public use. It was intended to be later developed. MEMBER VILLA: But it was all part of the original parcel though, right? MRS. ADERESTO: Yes. BOARD SECRETARY: And also part of the marina? CHAIRMAN: Can I just have you come up here for one second? Bob, would you come over. Page 93 - Hearing0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: This is a copy of the old Tax Map from the old fiche card in Suffolk County. MRS. ADERESTO: Yes. CHAIRMAN: Now, the most recent date on this map, I'm going to show it to my board members in a second, is 1985, all right. It shows the basin and this lot as one piece as 5.7 acres, and then subsequent to that, all right, we have what we have now today which is a lot which was created over in this area here, ok, and then the tax map reappeared where the number one is, and we now have what is before us today. Let me just show it to them. So, what you're saying to us in 1981 which existed - based upon the letters from the Planning Board and so on and so forth, is correct. That they recognized something there. But something subsequent to 1981 and in the area of present day is different based upon this map because we're talking about a lot that's 78,000 sq. ft. less than two acres, ok. We were showing 5.7 acres here. But what you are telling me is that these people that owned this property owned the 5.7 acres at that time, in this corporation name? MRS. ADERESTO: Yes. What the Planning Board doesn't refer to when you read one of their letters - let me read the exact letter to you. They identify the subject parcel as the lot they gave the C.O. on, and let me get that letter out because I think it's very important. (Pause) Ok. This is the May 9th memo from the Planning Board, and they do identify this particular lot as the subject of that C.O., and they - and it says, on "June 1, 1981 the Planning Board approved the map dated May 11, 1981 for Paradise Page 3 - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Point Corporation. The approval set-off a 2-3/4 acre lot entitled, 'Clubhouse' and a 1.7 acre unnumbered lot on Southold Bay directly to the east of Inlet Basin. The 1.7-acre lot is now known as Suffolk County Tax Map Map No. 1000-81-1-16.7. The Planning Board records do not show that the map or set-off was endorsed or recorded in the Suffolk County Clerk's Office.... " MEMBER VILLA: That's the point really. CHAIRMAN: That's the point we're bringing up. MEMBER VILLA: People can do anything by deed, but if it's not done legally it has no validity as far as the Town goes. MRS. ADERESTO: Well what happened was before they did it by deed they came to the Planning Board in 1981. And they established this lot, a 1.7-acre lot as a buildable lot. They didn't just "do" it. BOARD SECRETARY: But it's a marina, correct? MEMBER VILLA: That's not what's on the County Tax Map of 1985. MRS. ADERESTO: No, it's not the marina. The 1.7-acre lot is our subject premises. BOARD SECRETARY: There's a parking lot there, and the dockage, right? And that's all part of this 1985 lot. This is what they're saying. It's all one piece. Yes? MRS. ADERESTO: This 1.7-acre lot existed in 1981. MEMBER VILLA: Only by deed. MRS. ADERESTO: It existed by Planning Board also. They approved the set-off. Page J - Hearing0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: We have a problem with your single and separate search because it's say that. It doesn't show the conveyances from 1981 on the search. There's something missing on here. MRS. ADERESTO: You want to know where it came from in 1981? BOARD SECRETARY: No, we need to have a search that shows all the conveyances since 1981. MEMBER VILLA: You see, the Planning Board can do a lot of things in writing, but if it's not followed through, and it's not filed with the proper agencies, in effect it has not happened. MRS. ADERESTO: Well, what Planning said was they didn't require it to be filed. That they cannot retroactively require it because it because in 1981 they did not require it to be filed with the Health Department or in the County Clerk's Office, and that they don't require it now because they can't do that retroactively. That's how-- MEMBER VILLA: But the County Clerk and the County Health are the legal entities that have bearing on this. MRS. ADERESTO: I have a single and separate search here that shows Paradise Point Corporation conveyed to J. Lane Curry 37% interest, Gilman Hollenbeck 32%. Gary Sinning 29%. And John Chute 2%. That deed was dated October 29, 1981 recorded October 29, 1981 for the subject premises. Did you want to know who it came from prior to that? We have that here in the single and separate. BOARD SECRETARY: They don't show who the owners of 16.4 were in 1985. MRS. ADERESTO: 16.7? Page .91o - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: No. 16.4. 16.7 was part of 16.4. If you want to come back and look at this map again we CHAIRMAN: We can give you a copy of it. BOARD SECRETARY: Yes. MRS. ADERESTO: Well the reason the single and separate search does not show that is they don't show it as adjoining. They just show it Basin Road, Southold Bay, if you show me where it is-- CHAIRMAN: It emanated out of 16.4. BOARD SECRETARY: It has emanated out a parcel and it's not showing the parcel that it has come from. Take a look (referring to copy of partial search in file received when application was filed). MRS. ADERESTO: I just need to know where 16.4 is. That's 16.8. BOARD SECRETARY: No. MRS. ADERESTO: In here. Ma'am. 16.4, that's the Basin and the top piece that you're talking about. It's all one parcel of land and it's not showing up on your search. CHAIRMAN: You see, the question is, how was 16.8 created which is the piece that's landward of the basin. And that would then tell us how 16.4 was created. MRS. ADERESTO: Well, how it was created, I believe, is in 1989 there's in my title report, you'll see, there's a deed wherein these four owners for the corporation of Paradise Inc. deeded over into the Association the roadways and an easement, and the boat basin, and that's how it was recreated as a separate tax lot. BOARD SECRETARY: Can you have that corrected to show the 16.4? MRS. ADERESTO: Well the tax map that I have shows it at 16.8. Page '3 "J - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: Your talking about today. We're talking about 1985. CHAIRMAN: 16.8 is the separate lot down here. MRS. ADERESTO: The single and separate can't show a lot that doesn't exist anymore. CHAIRMAN: 16.8 still exists. CHAIRMAN: It's still there, the 16.8. MRS. ADERESTO: Yes, but she was requesting 16.4. 16.4 is now 16.8 and 16.7. BOARD SECRETARY: No, it isn't. It's now 16.7 and 16.10. CHAIRMAN: 16.7 and 16.10. It's all three of those. MRS. ADERESTO: Oh, you're talking about the lot on the other side. MEMBER DINIZIO: The basin. CHAIRMAN: Yes. MRS. ADERESTO: The underwater land, I think, is 16.18. CHAIRMAN: 16.10. The lot west of it is 16.18. MRS. ADERESTO: (Pause) Yes. It is 16.10. BOARD SECRETARY: It's not showing up on the search. MRS. ADERESTO: I have it here as variance south and west 16.10 on the single and separate search. BOARD SECRETARY: That's not the one you have us. (Pause to check). No, you didn't give us that one. MRS. ADERESTO: Do you want a copy of this? CHAIRMAN: Yes. BOARD SECRETARY: We were wondering why it wasn't Page J8 - Hearingoanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: I apologize for all the people who are waiting for the last hearing, but we will have to take a short recess here for a couple of minutes. MEMBER DINIZIO: Why don't we make a copy of that because I would like to look that over and BOARD SECRETARY: Yes, this is a different search than what was given to us. CHAIRMAN: We'll take a break. Four or five minutes and we'll be right back to everybody. I need a motion gentlemen and lady. MEMBER DINIZIO moved to take a short break for five minutes, seconded by Chairman Goehringer, and duly carried. 8:55 p.m. 9:00 P.M. Hearing reconvened on motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried. CHAIRMAN: Is there anything else you have to add to the record? MRS. ADERESTO: No, unless the Board has any further questions. CHAIRMAN: We are still disseminating information. And that's the problem that we have. We might have to reconvene this, I'm not really sure. MRS. ADERESTO: We also have, we have some people who want to speak in favor of this, one of the owners that may help you with a great deal of the information you need. CHAIRMAN: Ok, thank you. Ok, for those persons who would like to speak in favor? Page HearinglWanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals PETER COOPER (Attorney) : My name is Peter Cooper. I live in the area and I'm a member of the association, member of the board, and I represent the association and I am here to support the application for a variance. The Board of Association had a meeting on the 29th of May and voted to support the application. The interest of the Association we feel are accommodated by the presence of the easement and we feel that the development of the point would be consistent for the purposes of the association. We have no interest in any further ownership or activity on the lot itself, and so we would like to see it developed. CHAIRMAN: Let me just ask a question. You are a member of the association? MR. COOPER: Right. CHAIRMAN: And the easement that exists over this piece of property will be a continuous easement, but are you actually saying that none of the property owners have an interest in gaining access to the basin? MR. COOPER: No, no. We have - the association has an easement on the property along the perimeter of the Basin, on out to the channel to the point. And that's for the general purposes of the association. CHAIRMAN: Ok. MR. COOPER: And we make use of that easement at the moment to get access to the dock that leads out into the Basin where the floats are and for the boats. Page - Hearing eanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: And as long as that easement is held in perpetuity, everything else is ok. MR. COOPER: Right. We have our interests are totally accommodated as far as we are concerned. CHAIRMAN: Thank you, sir. Oh, wait. We have a question. MEMBER VILLA: Are you allowed to drive over that easement all the way or just walk it, or what? MR. COOPER: Right now there's an extension of the road. The association owns the road which and the road extends on into the lot, and we can drive down there and the shoulder of the road, or we park, we get on down the path onto the dock into the basin. And since we do have the easement, the new owner of the lot wouldn't be able to affect that. We would continue to use the easement. MEMBER VILLA: You have the right - the right to the easement allows you to drive and everything else over it or just access through it? MR. COOPER: No, drive if you wish. MEMBER VILLA: Ok. And park? BOARD SECRETARY: Is there a parking lot in the easement, or is there a parking lot elsewhere? MR. COOPER: Well there's no parking lot in the sense that there's a parking lot behind this building. BOARD SECRETARY: Parking area. MR. COOPER: The shoulder is wide in that area and.cars could park there. There's also a dirt road that goes down and around - shoots Page / - Hearing Oanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals around by where the well is, and we can parking our cars down there then. We've only got a dozen boats. And so it's really only on heavy duty weekends like the 4th of July that you'll see more than two or three cars down there. BOARD SECRETARY: Would they parking along the water where the easement is? MR. COOPER: No. Down along the road as you see on the map at the end of the lot. CHAIRMAN: Thank you, sir. Who else would like to speak? ED CURCURU: This is not "for." CHAIRMAN: That's fine. Be careful of the wire there, sir. MR. CURCURU: Yes, I see it. Good evening, Mr. Chairman, the Board. My name is Ed Curcuru and I apologize for not having a prepared memo, but I came from Florida in the summertime and they can have Florida in the summertime as far as I'm concerned. To make a long story short I have been a resident of Paradise Point since 1966. I've been the Treasurer, Secretary and Vice-President, and last year did not take the Presidency because of illness. That's beside the point. I think I have history as much as anyone has. I'm an adjacent neighbor - hopefully to Mr. Miller. I met him. He's a fine gentleman. I have seen the house. It is a big house. It's a very one. One-story. I have no objections at 51 feet. I've already talked with John Sinning about that and with one of the members. ( ) As far as the map itself, I have a concern, I have not had a clear answer from anyone about the jetty that we own at Page ~2 - Hearing Oanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals the end of that easement. We will not be able to drive around the basin totally. We can only drive up to as far as where the boats are. The rest will be some kind of an access path for walking. So it will not be as we have now, a clear cut path right to the jetty for vehicles, which is a concern for some of us. The concern I have is that jetty. I understood from some (asociation) board members, and I was not at the meeting because I was in Florida, that that square footage of that jetty was calculated in the total square footage of what they call Lot 1. I presume that Paradise Point owns that. I know the Bay is owned by the Town. But we put the stay, we put all the stuff in way back in 1972 roughly. We paid $16,000 for it. We funded bonds which were paid by the Association, so presumption is that we own it. I've heard that basically speaking that a title company were to make a mistake and include that, and the map shows it, as possibly one piece of land to the ( ) plus this would be incorrect. So that's one thing I think we need to do some research one. And I think we need research - I have not had a chance to talk to an attorney about it. Because I just talked to Peter this morning and it's first chance I really had to get at it. CHAIRMAN: I have not the most current map but I have the 1985 map from the Suffolk County Real Property Tax Service. It does not show the spit. MR. CURCURU: It does not show the spit. CHAIRMAN: Does not show the spit. Page 3 - Hearing Oanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CURCURU: But the one that you have, I believe, that was given to us by the attorney for the seller. It .does show one complete area here of the jetty and, my only objection is I don't want that jetty going to the ownership of the new owner. Now some can say basically, well, that's not happening - that's not so. But I heard from two sources on the (association) board yesterday, it was calculated. So I ask that further research be done on that particular issue. I don't know the answer and I'd like to have time to get an attorney to study that, to present it to the association at our meeting on July 4, 1995. I think we have to talk about this. There are other issues, I think, that we see maybe differently than the attorney for the buyer. And therefore I'm asking you to postponement it until we get things clarified. There are other people, I think, that would like to speak. CHAIRMAN: Thank you, sir. We will certainly take it under advisement. RICK ALBERI: My name is RickAlberi. I live on Paradise Point and our concern is, to park facilities there for the boat basin on the easement right now only permits about four or five cars, and we feel it should be a lot more. We also - they're only about a dozen boat slips and they're at least 24 members or thereabouts in the membership. And we feel that eventually many more people will want boat slips and we'll have to provide for those. So we need more parking facilities and we would like to delay the decision on the variance until these questions are settled. CHAIRMAN: Sure. Thank you, sir. Page Hearing Oanscript is Regular Meeting of June 7, 1995 Southold Town Board of Appeals HELEN ALBERI: I'm Helen Alberi and I reside at 4345 Paradise Point Road, of course I'm on the Paradise Point myself. I have been an owner of my property for the past 30 years. We have used the Basin Road which goes down to our Boat Basin and the turnaround I have myself for approximately 30 years. The turnaround is being cut off, and as a result we have no access plan to turn around in the future. Even the light pole has been taken down. We must have the ability to use the boat basin and to be able to turn our cars around, sir, and we must have a postponement of this variance in order to look into the further - into it further with the Association Members. CHAIRMAN: Can I ask you, Mrs. Alberi, will you be getting counsel to do so - someone to represent you? MRS. ALBERI: I think we're going to have to. I think the Association might have to, yes. CHAIRMAN: I would appreciate it if when you come-- I appreciate your here and mentioning it, but you're raising issues that are issues that are countermount to the case and therefore it's important that you be represented by someone. MEMBER DINIZIO: Can I ask a question, Jerry? CHAIRMAN: To whom? MEMBER DINIZIO: I don't know who to ask this question. I guess I can ask you. Are you Mr. Sinning? JOHN SINNING: My name is John Sinning. Page Hearing *anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER DINIZIO: Can I just ask you a question before you even - the lady just commented about the easement. I'm assuming that the association met and agreed to this easement, is that - and someone signed this agreement? MR. SINNING: The association Board of Directors and their informal attorney has reviewed the easement. They feel that it more than adequately serves the members of the association. MEMBER DINIZIO: Has it been signed? Is it the actual easement now? MR. SINNING: The easement has been in place since 1985. MEMBER DINIZIO: 1989. MR. SINNING: 1989, I'm sorry. MEMBER DINIZIO: And it is an easement voted on by constituted body of associat-- MR. SINNING: Right in the deed. MEMBER DINIZIO: Ok. MR. SINNING: Peter Cooper is the one that reviewed it. Several other people have reviewed it and they feel the deeds are in order. BOARD SECRETARY: Are there minutes of the meeting, to show the PETER COOPER: I'm not sure what the question is. The easement itself is contained in a deed in 1989 which you have a copy of and it was filed in the County Clerk, and that's now a matter of record. The association has accepted the easement, I guess, as the transferee, but there's no meeting that I'm aware of on the easement Page ry~ - Hearing 'Panscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals itself. The meeting that was held was the Board of Directors back last Fall and in October, excuse me, November and another meeting that we had on May 29th where we took a position on the variance - first we took a position in October of whether we were in favor of having the point developed, the lot development, and again we took it on the 29th of May on the actual variance. I have minutes of the meeting of May 29th if it would be of any help. MEMBER DINIZIO: I just wanted to know if I needed to invest time to find out if we have a legal easement here. I just wanted someone to state to me that the easement is legal. MR. COOPER: I have a copy here - MEMBER DINIZIO: That's ok. No, no. If it's in the paper, I'll find it. I just wanted someone to answer that question for me. MRS. ADERESTO: It's with the title report I gave you. MR. COOPER: I might point out that the reason that was done by easement rather than deed back in 1989 was we couldn't afford to reduce the square footage of that lot. The owners of the lot continue to pay taxes on the entire thing so it's pretty clear that they weren't intending to give away the lot. It would make no sense. CHAIRMAN: Ok. JOHN SINNING: As I said my name is John Sinning, and I've lived on Paradise Point since 1949. I built the first docks that went in there when I was 18 years old. I have a pretty good idea of the Page ~*7 - Hearing Oans cript Regular Meeting of June 7, 1995 Southold Town Board of Appeals history of the place. I served in various positions on the Paradise Point Association including service as President for, I believe, 10 years. I am here to hopefully answer any questions that anybody may have. I should come in with a prepared speech. I didn't realize it was going to be this complicated. CHAIRMAN: I think we're a little overwhelmed, Mr. Sinning, I think at this point, and we'd like to understand all the data that's here. So I'm not taking anything away from you in not asking you a question at this point. When we reconvene, I'm sure we'll have many questions, and you know, some - maybe you can answer, some someone else can answer, so. Why don't we reserve you for that particular time. MR. SINNING: I also have the facts that I got today from the other adjoining neighbor of the Boat Basin, the Maynards, and I only have one copy of it, but you can read it. CHAIRMAN: Thank you. Appreciate it. MR. SINNING: I also, if I may, point out that I own a very small share of that lot. MRS. . Mr. Maynard is leaving. He had home up for sale I just want you to know that sir. CHAIRMAN: Did you want to ask a question of Mr. Sinning? MEMBER TORTORA: I just wanted to know if you know the answer to this gentleman's question if the jetty was calculated in the total? MR. SINNING: As far as I know, it was. Yes. MEMBER TORTORA: It was. MR. SINNING: Yes. • ` Page 8 - Hearing0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: We thank you very much, sir. MR. SINNING: Ok. If there is anything else I can help you with-- CHAIRMAN: Would you like to wrap it up, Mrs. Aderesto? Thank you, Mr. Sinning. We're going to recess and take the information in, and we will reconvene and that's it at this point. If we have any specific questions that we need of you, we'll fax it to you by letter rather than send it through the mail, and we'll-- MRS. ADERESTO: Do you have any idea when your next meeting - would it beyond the next meeting? CHAIRMAN: Oh definitely. If we have a meeting before that, we'll attempt to put you on that one. Ok? MRS. ADERESTO: Mr. Miller has been in this process (buying a home) for a long time. Renting houses out here is a little costly. Thank you. CHAIRMAN: Hearing no further comment, I'll make a motion recessing this until the next regularly scheduled meeting. BOARD SECRETARY: Would you add the date of July 12th? CHAIRMAN: That meeting is July 12, 1995 and for any reason if we attempt to have a meeting prior to July 12th, and we can put you on we would certainly put you on. Thank you very much for your courtesy everyone. MEMBER VILLA: Seconded. The meeting was recessed for a continuation on July 12, 1995. Vote of the Board: Ayes: All. 6/27/95 Informal considerations: iNaT d/s~uistdcy. OF 4Aa Is access to the jetty by car as well as by foot? Please show on map the traveled width now, and proposed. Parking area and turnaround for the marina patrons - please designate the size and location of the parking area and turnaround needed to safely exit the premises. it would help greatly if the buyer would designate the landscaped area - where trees and other obstructions will be, or if none, to show "unobstructed ground." Driveway area - width and type of construction (such as cobblestone or other obstructions). This is a fire access concern. Survey is not accurate because: a) Jetty should not be shown as part of the lot since it appears to be owned by an outside public agency. Please reduce the size when this jetty is taken out of the calculations. b) Lower portion (easement): 1. If this land is to be conveyed out for ownership by the the association, please reduce the Miller lot size and show highlighted lot lines. Total size should be about 52,000 square feet - please confirm with your surveyor and submit corrected survey. 2. Access widths, number and location of parking spaces for the marina should be shown on a map. c) Treed areas, berms, or structures were not shown - even landscaping barriers and other barriers should be shown on the survey for each the Miller parcel and the lower parcel. d) Actual perimeter of property in ownership for the Millers should be highlighted sufficiently to show separation of ownership or title. (The present map is not clear and does not define ownership lines.) e) You may want to enter into the record your position about being open to an alternative footprint for a dwelling in the event the bulkhead setback application is denied. This would save you the time of reapplying and you could try to work out a different house plan to fit in that alternative foot print. (You may, of course, indicate you will not accept any alternative.) G' G' tAz APPEALS BOARD MEMBERS o~~gUFFO(,f co ~ Gy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. C03 = P.O. Box 1179 James Dinizio, Jr. oy ~.te Southold, New York 11971 Robert A. Villa ~~O Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 r Christine Nicholl Ltd. 405 South Country Road Brookhaven, NY 11719 Re: Appl. of Barbara and James Miller Paradise Point SCTM #1000-81-1-16.7 (formerly p/o 16.4) Dear Ms. Nicholl: This will confirm that the documents received from you on Wednesday are at this time being transmitted to each of the Board Members for their site inspection and review. Since receiving the Planning Board letter of May 9, 1995, questions arose from Board Members about the status of the unfiled map in the files dating back to 1981 which apparently would have, if filed with the County, resulted in an amendment to the 1963 filed major subdivision map on filed with the County Clerk. It is the position of Board Members that in order for a filed major subdivision map to be amended, further steps are still necessary under the provisions of New York Town Law. You may wish to contact the attorney for the applicants in order for confirmation of the direction they plan to take to finalize the 1981 amendment to the filed major subdivision (1963) map. The variance application is being advertised for a public hearing to be held on June 7, 1995. In the interim, please be sure to furnish the following as early as possible to complete the variance file: a) copies of the current deeds in the names of the individuals as owners. You have furnished the deed showing ownership in 1985 by the corporation of "Paradise of Southold, Inc." of the entire premises known as 16.4 (now 16.7). It is unclear in the town records as to whether this corporation's ownership' has changed to owners individually. ~~V Page 2 - May 19, 1990 • To: Christine Nicholl Ltd. Re: Appl. of Barbara and James Miller Paradise Point b) direction owners wish to take to complete or finalize the filing of the 1981 subdivision map and/or amendment of the 1963 major subdivision map. c) clarification of the southerly portion which now appears to be a separate tract of land for parking and access for the boat basin or marina area by the property owners in the Association. Also, enclosed is a Poster Notice which must be placed on a stake located at the entrance of this property where it can be easily seen. The poster must be conspicuously located at this time. The Board Members are expected to visit the area within the next few days. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call us. Thank you. Very truly yours, gz a da Kowal)CL Enclosures f~ Z6A APPEALS BOARD MEMBERS ~Og11Ff0(~ ~O CO o p ` Southold Town Hall Gerard PGoehringer, Chairman 53095 Main Road Serge Doyen, Jr. co Z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~fj O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 i Christine Nicholl Ltd. 405 South Country Road Brookhaven, NY 11719 Re: Appl. of Barbara and James Miller Paradise Point SCTM #1000-81-1-16.7 (formerly p/o 16.4) Dear Ms. Nicholl: This will confirm that the documents received from you on Wednesday are at this time being transmitted to each of the Board Members for their site inspection and review. Since receiving the Planning Board letter of May 9, 1995, questions arose from Board Members about the status of the unfiled map in the files dating back to 1981 which apparently would have, if filed with the County, resulted in an amendment to the 1963 filed major subdivision map on filed with the County Clerk. It is the position of Board Members that in order for a filed major subdivision map to be amended, further steps are still necessary under the provisions of New York Town Law. You may wish to contact the attorney for the applicants in order for confirmation of the direction they plan to take to finalize the 1981 amendment to the filed major subdivision (1963) map. The variance application is being advertised for a public hearing to be held on June 7, 1995. In the interim, please be sure to furnish the following as early as possible to complete the variance file: a) copies of the current deeds in the names of the individuals as owners. You have furnished the deed showing ownership in 1985 by the corporation of "Paradise of Southold, Inc." of the entire premises known as 16.4 (now 16.7). It is unclear in the town records as to whether this corporation's ownership' has changed to owners individually. V Page 2 - May 19, 19 . To: Christine Nicho td. Re: Appl. of Barbara and James Miller Paradise Point b) direction owners wish to take to complete or finalize the filing of the 1981 subdivision map and/or amendment of the 1963 major subdivision map. c) clarification of the southerly portion which now appears to be a separate tract of land for parking and access for the boat basin or marina area by the property owners in the Association. Also, enclosed is a Poster Notice which must be placed on a stake located at the entrance of this property where it can be easily seen. The poster must be conspicuously located at this time. The Board Members are expected to visit the area within the next few days. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call us. Thank you. Very truly yours, Zfnda K walS~rt Enclosures &a-,% ~q BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x i In the Matter of the Application of BARBARA AND JAMES MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others) CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of May, 1995, I personally posted the property known as "580 Basin Road, Paradise Point, Southold, NY" by placing the Town's official poster Notice on a facing the road entrance at the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held June 7, 1995.) Dated: May 1995. (signature) MAY 09 "35 11:35 T,01*4- S01-ITHl-a t1 F.a.a t7r.r4... ~~oSUCFa~;~cr-~r PLANNING BOARD MEMBERS I 4G h Richard G. Ward, Chairman y x j Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald ~0( ~.a0uslr Fax (516) 765-3136 Kenneth L. Edwards 17w Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals FROM: Richard G. Ward, Chairman 0/ DATE: May 9, 1995 RE: James Miller Project Paradise Point SCTM# 1000-81-1-16.7 (f, 17?) Please find the following in regard to your memorandum of April 26, 1995: On April 4, 1963, the Planning Board approved the subdivision map known as Section One, Paradise Point at Bayview. The map was endorsed by Archibald Young, Acting Planning Board Chairman, and was filed in the Suffolk County Clerk's Office on April 11, 1963. The parcels which are the subject of this memo (SCTM# 81--1-16.7 and 17) were not shown on the 1963 Paradise Point map as numbered lots. However, they were shown as one area owned by Paradise Point Corporation with an area designated for a future extension of Basi,• Road. Please see attached copy of the 1963 map. Apparently, in 1969, Paradise Point Corporation sold 0.34 acres of the area mentioned above to Edmund Curcuru (the owner of the adjacent parcel known as SCTM# 1000-81-1-18) without -lown approval, The 0.34 acre parcel is designated as SCTM# 1000-81-1-17 on the 1995 tax map. The intent was to merge the 0.34 acre area with the existing lot owned by Curcuru; the two lots have been under the same ownership in excess of 25 years and the Curcurus have established their residence on one lot and their garage on the other lot, The Town could require that the 1969 "split" be formalized with a lot line change. However, in light of the fact that the 0.34 acre split occurred more than 25 years ago, and the 0.34 acre area was not included as part of the 1.7 acre lot shown on a subsequent map approved by the Planning Board, the Planning Board is not requiring that this be done. On May 14, 1981, William Smith, agent for Paradise Point Corporation, presented an application to the Planning Board for: "Subdividing one lot, #17 of 1 112 acres, west of Dryads Basin, Paradise Point Road for one residence. The remaining upland and eu meadow acreage shown as lots 12A, 13A, 14A, 15A, and 16A is ?ttaclind to filed map lots 12, 13, 14, 15 and 16." M. t MAY 09 '95 11:3' TOb1I0 FCiUTH!?1_D 40 P.3 . 4 Jarrres Miller Project, Paradise Point May 9, 1995 Page 2 1 have enclosed a copy of the minor subdivision map for Paradise Point Corporation dated May 11, 1981, showing what Mr. Smith described. It should be noted that the lot #17 Mr. Smith refers to is not the same as the lot shown on the 1995 Suffolk County Tax Map as Lot #17. On May 22, 1981, William Smith sent a letter to the Planning Board regarding the above mentioned map dated May 11, 1981. He requested that the point lot of 2 3/4 acres with the club house on it and the Southold Bay lot of 1.7 acres be designated as setoffs. Again, please see the enclosed map dated May 11, 1981 showing what Mr. Smith described. On June 1, 1981, the planning Board, at a regularly scheduled meeting, passed two resolutions in regard to Paradise Point Corporation. The first resolution: "Resolved to set-off as indicated of the minor subdivision Paradise Point Corporation lots entitled "Club House" of two and three quarter acres and an unnumbered lot on Southold Bay consisting of 1.7 acres directly east of the inlet basin." The second resolution: "Resolved to entertain an amendment to the resolution with regard to Paradise Point Corporation to include lot #17 as shown on the map of May 11, 1981. 1 have enclosed copies of the minutes and correspondence in regard to the Board's approval of the set-off as shown on the map dated May 11, 1981. The "unnumbered lot on Southold Bay consisting of 1.7 acres directly east of the inlet basin" is the lot shown on the 1995 tax map as 81-1-16.7 and the lot which is the subject of the James Miller project. There are slight 7 differences in measurements due. I believe, to the change in location of the high water mark. The Planning Board records do riot show that the map for the set-off was endorsed. However, the Planning Board approved the map dated May 11, 1981 by the resolutions mentioned above. After approving the set-off, the Planning Board proceeded with review of r..t- IZA, 17A, 1'M, 1r,A ..,a 1C.4. 1 -;n ...l. !1.. ,,,a. d.t.n .-ey..d...~ 4"... lots since it is not pertinent to the subject of this memorandum. pleaae t:Vntata nit: if yvu . Cl1Un r orry additional informotiorl. encl. cc: Building Department 11H 09 '9g 11:3-4 T!JWLI ?F i i P.21 1'4 F l Cp PLANNING BOARD MEMBERS ~y Gyp A Richard G. Ward, Chapman CA Town Hall, 5$085 Main Road George Ritchie Latham, Jr. WD ~r P. O Bon 1179 Bennett Orlowski, Jr, Southold, New York 11971 i Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 9, 1995 Christine Nicholl The Brook House 405 South Country Road j Brookhaven, NY 11719 RE: James Miller Project t. Paradise Point j SCTMN 1000-81-1-16.7 Dear Ms. Nicholl: Please find the following in regard to your letter of April 17, 1995: On June 1, 1981, the Planning Board approved a map dated Mav 11, 198, for Paradise Point Corporation. The approval set-off a two and t,~ree quarter acre lot entitled "Club House" and a 1.7 acre unnumbered lot on Southold Bay directly east of the inlet basin. The 1.7 acre lot is now known as SCTMli 1000-81-1-16.7. The Planning Board records do not show that the map for the set-off was endorsed or recorded in the Suffolk County Clerk's Office. The 1981 Planning Board approval does not guarantee that the lots set-off are buildable. To be buildable, the proposed building(s) must meet all requirements of the Code, in additior to receiving approval from the Health Department. Attached please find a copy of a memorandum that was sent to the zoning Board of Appeals regarding the above mentioned project. Please contact this office if you have any questions regarding the above. Sincerely, ~lcp- Velissa Spiro o Planner encl. cc: Zoning Board of Appeals Building Department APPEALS BH'ARD MEMBERS ~OSUfFU~~ C h~0 GGy Southold Town Hall Gerard P. Gochringer, Chairman o° ~c 53095 Main Road Serge Doyen, Jr. C40 x P.O. Box 1179 James Dinizio, Jr. 1O Southold, New York 11971 Robert A. Villa yzfj O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Chairman and Members, Board of Town Trustees FROM: Board of (Zoning) Appeal) DATE: March 30, 1995 RE: Property of John Sinning and Paradise of Southold Ltd. Location: End of Basin Road (1000-81-1-16.7) We wanted to bring to your attention the fact that the applicant (or owners) will need approvals from our department for the reasons shown on the attached Notice of Disapproval from the Building Inspector. One of the areas to be considered and requires further application is, "Is this a building lot on the Map of Paradise Point, Section One?" A copy of the notice was forwarded to the agent for James Miller yesterday, we understand. At this time our Board Members are visiting the site and a separate letter will be forwarded under SEQRA to convey thoughts or ask your opinion on a few areas of concern. Thank you for coordinating the above project to our office under SEQRA. Attachment (Notice of Disapproval) cc: ZBA Members N O~~gOFF04ea, JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK COD P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ybO! ~aO~ Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER 7 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4314 DATE: MAY 17, 1995 Transmitted is application for a variance submitted by Christine Nicholl, Ltd. for Barbara £ James Miller together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Zoning Board of Appeals questionnaire; survey, and other relevant documents. Judith T. Terry Southold Town Clerk J _ CHRISTINE NICHOLL j! The Brook House Municipal 405 South Country Road - - Building Brookhaven, NY 11719 Zoning Documents 516.286.7883 Land Use Consultants May 31, 1995 Town of Southold Board of Appeals Southold Town Hall PO Box 1179 Southold, NY 11971 Attn: Linda Re: Application of Barbara & James Miller Dear Linda: Enclosed please find a copy of the deed requested in your letter of May 19, 1995. Contact me if further information is needed. ly yours, Verestin Nicholl e CN/dl enclosure R E C E, I V E D MAY 17 1995 .Y°' TOWN OF SOUT"k%W%VW1T@1" APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7, ~~Z T DATE ...~PI. t711 PoWe~Barlbara & Janes Miller ofSOUBoO610N. Y. Name of Appellant Street and Number Calverton ...I...N.................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED 3-29-95 WHEREBY THE BUILDING INSPECTOR DENIED TO r Barbara & Janes Miller C/O Christine' CHRISTINE NICHOLL, LTD. Name of Applicant for permit of ....R.. .........Sa'1.Q..... 0. Mun~lpal • Bu Zoning Documents 405 So. COUntrYd;,,,,,,,, Okhav Land use Use Consultants . Street and Number MuniciPall' (X) PERMIT TO USE "We do the paperwork" ( ) PERMIT FOR OCCUPANCY ( ) Oftlce:405 S. Coutry d. Brookhaven. N.Y. (516) 286-7883 580 Basin 1. LOCATION OF THE PROPERTY Rd. , kuthol 11719 Street /Hamlet use District on Zoning Map District 1000 Section 81 Block 1 Lotl6.7 .._.........___..........._.._....._._......._..._._.........._..Current Owner See Below* Mop No. lli.r~4'ed Prior Owner Paradise Point Corp. 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 & Section 100-30A: 100-281A-7': 100-239.4B XXIII 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 4. PREVIOUS APPEAL A previous appeal (has) (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 o variance and was made in Appeal No .................................Dated REASON FOR APPEAL *OAners: Chancy Curry, Gibran Hallenbeck, ( ) A Variance to Section 280A Subsection 3 Garry Sinning, & Paradise of (X) A Variance to the Zoning Ordinance Southold, Inc. is requested for the reason that applicant wishes to build a single family daelIing.with decks & pool as a second use, at less than 75' frcrn the existing bulkhead. Applicant requests arending filedrrap for Paradise Pt. Sec. 1 regarding use of this parcel as a building lot, as lot is 1.7 acres in R-80 zone (80,000 sq. ft. per use) Form zat (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is surrounded by water on three sides and is only partially bulkheaded. It is irregular in shape and has grading variations. This lot was always intended to be a separate building lot for a I family dwelling and the square footage substantially caTplies to the A-80 zoning requiren-ents. • J 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 the hardship created here is unique in that there is an ease-rent on this property for parking for the Paradise Point HoTZowners Association. Although this easarent utilizes less than 25% of the parcel, the zoning ordinance requires 80,000 sq. ft. for this parking use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject parcel substantially cq.Tplies with the zoning ordinance and confocrns to the surrounding properties. The construction of a single family dwelling on this site would not adversly affect the surrounding area or property values. r STATE OF NEW YORK ) ss ............9............. ~ -.....~~,u 2 COUNTY OF ) Si nature Qom-- C ~.e~tid~e_ ak4 worn to this day of........ 19 J 0 0 Notary Public DENISE M. LUCAS Nasry Public, State of Naw York No.4936506 / _ Guslified in Suffolk County Pt I pmission Expires August 1, i BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Barbara & JaTES Miller, Contract Vendee: NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 580 Basin Rd. (end of Basin Rd) Southold 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 Residential 4 That h~ such Petition, the undersigned will request the following relief: permission to construct single fanily dwelling on lot less than 2 acres (1.7 acres); permission to build single fa-nily dwelling 51' from bulkhead( instead of 75')• permission to build ingle fa-nily dwelling as second use. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article I I I & XXIII Section-1.00-281A-7; 100-30A: 100-239.4B [ ] 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) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: eot~~f.LLG_ etitioner ,6g~ ° Owners'Names: Post Offi a Address OSS ~ounircr~ /C. Tel. No. (LJ/~) ~!n 7 [Copy of sketch or plan showing proposal to be attached for Convenience purposes.] Onners of Parcel Are: Chancy Curry, Gilman Hallenbeck, Garry Sinning and Paradise of Southold, Inc. P 02.&.. 90 243 0 Receipt for Certified Mail ' No Insurance Coverage Provided ? naI etI aaama"a" Do not use for tetra PROOF OF MAILING OF NOTICE =.7 IS feve ACH CERTIFIED MAIL RECEIPTS S C o er ADDRESS rest an .\SQ- \n~ stee nd 1 Code Postage $ d Certified Fee .d 6 Peter Cooper Rd., Apt 10G Special DeMery Fee New York, W 10010 Feat, 4311 Gulf of Nbxico Dr., Apt 301 F pn p.iptsnpwiw Longboat Key, FLA 34228 0 t 6 Date Degveted m om, ewrn FecyW,~~pX^ ata$~-~ 4800 Paradise Point Rd. T P-se' Southold, W 11971 C; Po r Date C•a ~ N3AdNy'o. E 0 LL STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) lQ! Al6 /1(rChO ll residing at U7T~C AAAJdt#/l1'e- ON d k being duly sworn, deposes and says that on the a f of 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, di ected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current asseant roll of he Town of Southold; that said Notices were mailed at the United States Post Of- fice at IJ~Pct~e~ ; that said Notices were mailed to each aid persons by (certified) (registered) mail. Sworn to b fq a me this y of 1 V - Notary Public DENISE M. LUCAS Notary Public, State of New York No.4939506 Qualified in Suffolk County qq Commission Expires August 1,18_1. (This side does not have to be completed on form transmitted to adjoining property owners.) 4 Im rn W111 111 It. .:1 N11 Ijiubm o WAIININI:I NO IIFI'11ES1;N'1'A'I'ION IS I IAnI?'I'IIA'I"I'tli5 IY)Itkl Uh CONTiIAf,i' hY)11'I'l1I'; V SAIX" (111 A 7,NGIJSII" -H t OF EEAI, ES'tAIT" CUA11'1,11•:S WITII SECTION cu-702 01 '111E CENCHAL ODI,IGr1'1'IONS 1,ARt (AIN N IiNCI,I) I CONSUCI' vUUll LAWTEII HEBU11E SIGNING, IT. NOTE.: FIIIE AND CASUAI:1'Y LOSSESI This contract form (lees not provide for what happens fit file event of fire or casually loss before the Ulie closing. Unless different provision is mode fit this contract, Section 5-1911 of the General Obligations Law u'111 apply.. 0tne pn rl of fit III In %k, tit it If purchnser respmnsible for IIre: and casually lass upon faking of lit le to or possessimn of file prenJses. Vale: CONTHACT OF SIP mode m t1f the dnv of 10 94 raln,•e 11EIT 'F,LN CHANCY CURRY, as to a 37% interest, residing at 13 North SLreeL, Greenwich, Connecticut, 066301 and GIIMAN IIALLENBECK, as to a 32% inLeresL, residing at cove EasL-, 115 Lake Shore Drive, 14. Palm Beach Florida, 334061 'arid GARRY SINNING, as to a 29% interest, re- siding at 200 Watchung Drive, Ilawthorne, New Jersey, 07506; and PARADISE OF SOU'rHOLD, INC., as to a 2% interest, a domestic corpora- tion having its principal office at (no#) Robinson Road, P.O. Box 724, Southold, New York, 11971; as tenants in cotmnon and as their interests appear, hereinafter called "SELLER, 'I who agrees to sell, and BARBARA NILLERy residing at 93 Hallock Lane, Rocky Point, New Yorl(, 11776, hereinafter called "I'UIIC11ASEll", who agrees to buy: The propely, including nil bnlldings nr l improvements thereon (the "1'TIEMISES") (mule fu11y described oil a separate pnge Itlnoul "Schedllle A") mtd also known as: SlrectAddress. (no Basin Road, Southold, New York, 11971 'ihx Atnp Designation: 1000; 081.00; 01.00j 016.007 111gether with SE111"A S Merest, if any, lit streets and unpaid awards as set forth inn Parngrnph 1). Prrmaal The sale also inclrdes all fixtures mud articles of personal property attached to or used in connection with (lie FIIEKIISIsS, Pitiless Prope,ty: specifically exchided below. SELLEII slates Ibnl they are pnitl for and owned by SELLE11 free still clear of ony lien usher than the EXISTING AIOIIT(:AGE(S). They Include but are not liodled to plumbing, healing, lighting and cooking fixtures, hull room and kllchen enbhnets, mantels, door odrrors, venetian blinds, shades, screens, awnings, slornt windows, where", boxes, storm doors, mall boxes, weather vanes, fingpoles, pumps, shrubbery, fencing, outdoor sinlenry, tool sheds, dishwashers, wnshhng machines, clothes dryers, garbage disposal units, ranges. refrigerators, freezers, air ceedilioning egtdpme t end Ins1n11olions, and well to wall carpeting. PREMISES consists of vacant land only. Excluded front This saic lire: F1111,1tme and henschold fnrlt141rgs, I'lurkan• 1. n. The purchnse price is payable us follows: On the 0 ring of this contract, 1)), check subject to collectlon; to be held in es- 11 crow ring Seller's atorney until Closing of '1'itlet Ny-afMmmerfnrthey+rhteipnMnnonntalill-+mpaid-omF,XIS'fINO t+lOH4'6r16E{S)r- f;rtrP+trehesrhlnney-Nate-and-Mortgage-Fmtn-1'UIIEHA9L'^It-{ornssigns)trr9EL-L-LRY S" BALANCE,, Al' CLOSING: 1 r 40/11led in good III It h.' a Puwhase Money Note and Mmlgage shall be vn nu by (be nt(nnwy fur Stil.Lh;II. i'UIWII %S1,11 .foil pay lheluele-tgagquding tax, recording fees find the attorneyin the amount of $ r or its preparnllon:", -IS C. If any required )ilymenls are made on an EXISTING MORTGAGE between now and CLOSING which redu+.: ij~, ` unpaid principal amount of•ap EXISTING MORTGAGE below that amount shown in Paragraph 2, then the balance of the price payable at CLOSING will-be adjusted. SELLER agrees that the amount shown In Paragraph 2 is reasonably correct nod that only payments required by the M~ISTING MORTGAGE will be made. d. If there is a mortgage escrow Ace utlt.lhat is maintained for the purpose of pay ng lases at Insurance, etc., SELLF It shall assign It to PURCHASER, If It can be assigilecr,'ln that event PURCHASER sl II pay the amount lei the escrow account to SELLER at CLOSING. Fasting 2. The PREMISES will be conveyed subject to the cmilitliln I~ fen oEl .XISTINC MORTCACE(S)" its follows: Alangagr(s): Mortgage now in the unpaid principal amount of $ / and interest at the role of per cent per year, presently payable in installments of $ which Include principal, Interest, and with any balance of prhenipnl being due need paynble on \ 6R-I+ereby steles-(het-fie EXISTING-MORTGAGE contains any -prevision that-permits theholder-of thtmortgnge t~q uireitsimmediatepaymenr In full or to change onrother term-thereof-by-reason-of-thefect-of CLOSING-. Arrryoable 3. All money payable under this contract, unless otherwise specified, shall be either: Funds: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PUIICHASER, or official check of any bank, savings bank, trust company, or savings and loan association leaving a banking office In the State or New York, payable to the order of SELLER, or to the order of PUIICIIASEII field duly endorsed by PURCHASER (if an individual) to the order of SELLER in (lie presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to flee amount of One Thousand and no/100 - - - - - - 1,000.00 - ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: ";Sublrct to" Provtdoru: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures mu, under or above any streets on which the PREMISES shed. c. Encroachments of sloops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Any state of facts an accurate survey or personal inspection might show, provided same does not render title unmarketable. e. Covenants, restrictions, utility easements, filed maps and agreements of record, if any. f. Covenants and restrictions as set forth on Schedule "B." any reputable title company 5. SELLER shall give and'PURCIIASEII shall accept such title as /doing business in Suffolk County, will Ile willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided Dole Company For in this contract. Approval. Closing 6. "CLOSING" means (lie settlement of (lie obligations of SELLER and PURCHASER to each other under this contract, bdtrrrd and Including the payment of the purchase price to SELLER, and the delivery to PURCIIASEII of a Fornr of tired Bargain IS, Sale w/Covenants v. Grantors'. Actdeed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein slated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, It will deliver to PURCHASER at the time of CLOSING (a) a resolution of Its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer Is In conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. Closing 7. CLOSING will take place at theoffice of Edward John Boyd kr, Esq., 54655 Main Road, Date acrd Flare: Southold, New York, 11971, on or about 30 days after Purchaser obtains building permit for single family residence on the Premises, but no l later than April 30, 1995. llmArr: 8. PUIICIIASER beteby stales the PURCHASER has not dealt with any broker ill connection with this sale other than Marion R. King Realty, 31855 Main Road, Cutchogue, New York, 11935, and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement), i f , asp and * when title closes pursuant to this Contract of Sale. K ii t s q T..r , SCHEDULE "A" ALL that certain plot, , piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as fol- lows: BEGINNING at a point, which point is the southwesterly corner of Lot No. 4 as shown on a certain map entitled, Map of Section One, Paradise Point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761; RUNNING THENCE South 30°08'40" West along the westerly side of Basin Road, 51.65 feet to land now or tormerly of Maynard; THENCE along said land now or formerly of Maynard, South 15°35'40" West, 30 feet, more or less, to the Basin and Canal as shown on the aforementioned filed map; THENCE in a westerly, northwesterly and northerly direction along the shore of said Basin and Canal as it winds and turns, 600 feet, more or less, to the ordinary high water mark of Town Harbor (also known as Southold Bay); THENCE in an easterly direction along the ordinary high water mark of Town Harbor (also known as Southold Bay) as it winds and turns, 300 feet, more or less, to land now or formerly of Curcuru; THENCE along said land now or formerly of Curcuru the following courses and distances: 1) South 4°15'20" West, 155 feet; 2) South 74°24'20" East, 76.49 feet to the point or place of BEGINNING. TOGETHER with all the right, title and interest, if any, of the Seller in and to lands lying under the high water mark of Town Harbor (also known as Southold Bay) including any and all jetties protruding into said Town Harbor (also known as Southold Bay). SUBJECT TO an easement over and across those lands immediately adjoining the westerly side of Basin Road as shown on the afore- said map, said easement being more particularly bounded and described as follows: BEGINNING at a point, which point is the southwesterly corner of Lot No. 4 as shown on the afore- mentioned filed map; RUNNING THENCE South 30°08'40" West along the westerly side of Basin Road, 51.65 feet to land now or formerly of Maynard; THENCE along said land now or formerly of Maynard, South 15°35'40" West, 30 feet, more or less, to the Basin and Canal as shown on the aforementioned filed map; THENCE in a westerly, northwesterly and northerly direction along the shore of said Basin and Canal as it winds and turns, 600 feet, more or less, to the ordinary high water mark of Town Harbor (also known as Southold Bay); THENCE in an easterly direction along the ordinary high water mark of Town Harbor (also known as Southold Bay) as it winds and turns, 25 feet, more or less, to a point marked by the westerly end of a bulkhead; THENCE South 6°00' West, 75.00 feet; THENCE 6°00' East, 85.00 feet; THENCE South 65°0' East, 200.00 feet; THENCE North 59°30' East, 123.00 feet to land now or formerly of Curcuru; THENCE along said land now or formerly of Curcuru, South 74°24'20" East, 76.49 feet to the point or place of BEGINNING, and as such easement is shown on a certain map entitled, "Map of Property at Paradise Point, Southold, N.Y.," revised August 9, 1988 by Roderick Van Tuyl, P.C., Licensed Land Surveyors, Greenport, New York; said easement to be used by Paradise Point Association, Inc., a domestic Type A, Not-for-Profit Corporation, for free and unobstructed access to the Basin and Canal as shown on the aforesaid filed map; for the construction and maintenance of bulkheads, cribs, jetties, docks, etc., as may be deemed appropriate by said Corporation; for the installation and maintenance of a fresh water well or wells; and for such other purposes as are consistent with the Constitution of the Corporation including, but not limited to: Providing for the care and maintenance I of the Beaches, Waters, Bulkheads, Roads, Club Houses, Buildings or other structures, and other Recreation Facilities; supervising recreation, sports, boating, bathing, etc.; perpetuating the standard and tone of the community; promoting health, welfare, morals, pleasures, recreation, indoor and outdoor games, etc.; and promoting sociability and good fellowship for the members of the corporation. SCHEDULE "B" t. No building or structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one single family dwelling house and a private garage for family use. 2. No trailers, tents or camping shall be permitted on said premises at any time. 3. No structure or structures, including but not limited to, dwellings, outbuildings and fences, shall be erected or con- structed or allowed to remain unless the plans and specifications therefor and the location thereof shall have first been submitted to and approved by the Building Committee of the Paradise Point Corporation, its successors and assigns, in writing. - 4. No trade, craft, business, manufactory, industry, commerce, profession or other commercial enterprise, including hotels, motels, boarding and rooming houses, shall be conducted on the premises, except that nothing herein contained shall prevent the Paradise Point Corporation or the Paradise Point Association, Inc., from erecting, operating and maintaining boat basins, yacht or beach clubs, bath houses and other recreational facili- ties or permitting others to do so, with or without remuneration. 5. No building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained within twenty (20) feet from the adjoining property. 6. No fowl, poultry, animals or livestock, other than domestic household pets, shall be kept on the premises. 7. No outade privies, toilets or waterclosets shall be erected, permitted or maintained upon the premises. An adequate septic tank or cesspool shall be erected and maintained to take care of the sewage disposal at each dwelling and the same shall be of such design and construction as may be approved by the agency or government having jurisdiction thereof. 8. Land owners of a lot within said premises, except Paradise Point Corporation, shall join the Paradise Point Association, Inc., and maintain membership therein and abide by the rules and regulations of the Paradise Point Association, Inc., as set forth in the charter and by-laws of such accociation and as determined from time to time by its governing body. To the extent that the cost and maintenance of the private roads, which are subject to a common right of use by the members of the Association, and the cost and maintenance of other structures, including docks, floats, bulkheads and beach property, of which all of the members of Paradise Point Association, Inc., have use in common, is not covered by payments made by the Paradise Point Association, Inc., in any calendar year, each owner of 4 an individual lot on the premises shall be liable, pro rata, in accordance with the assessed value of such property for the preceeding year, for any deficiency. Provided, however, that any lots owned by Paradise Point Corporation shall be excluded for purposes of such computation and shall not be assesed for any portion of such deficiency. 9. The Paradise Point Corporation, its successors and assigns r may release, alter, amend and annul all or any of these covenants I and restrictions, with the consent in writing of all property owners in the said premises. 10. These covenants and restrictions shall run with the land and shall be construed as real covenants and restrictions attached to and running with the land. Paradise Point Association, Inc. In the interest of the Association and the residents it is re- quested that any property addition or major change be submitted to the zoning committee for suggestions or variance that might be needed. Guide Lines Trade: No trade, craft, business, manufacturing, industry, commerce or profession, hotel, boarding or rooming house shall be conducted on property at Paradise Point. Sewage: No outside privies, toilets, or water closets shall be erected or maintained upon any property. An adequate septic tank or cesspool approved by the Suffolk County Health Department shall be constructed and maintained to take care of he sewage disposal on any development lot. Structure: No structure or structures, including dwellings, outbuildings, pools, fences, etc., shall be erected or con-structed on any lot unless the plans, specifications and location thereof shall have first been submitted to and approved by the Association of land holders on Paradise Point. It shall be approved in writing by the Chairman of the Zoning Committee. Side Line Restriction: No structure or structures on or below the surface other than public utility pipes or lines shall be erected, constructed or maintained within twenty (20) feet from the sides of any lot. An easement above or below the surface may have been granted or may hereinafter be granted for the erection of-poles and necesary anchors thereto, lines, mains or conduits""for public utility purposes that may hereafter be erected or may be necessary to be erected for proper maintenance of said public utility poles, anchors, lines, mains or conduits. Use of Property: Lots may be used for one single family dwelling house for private residential purposes only with a private garage for famiy use. No house trailers, mobile homes, tents or camping shall be permitted. All buildings for residential purposes are required to have a habitable floor area of at least 2,400 square feet. Garage doors should whenever possible not face the street. Bulkhead: Bulkhead line should be in conformity with existing bulkheads in both the lagoon and beach front. Specifications should have the Zoning Committee approval. Roads and Community Costs: Community costs as approved by members shall be covered by annual dues. Water: Since Paradise Point is a relatively narrow strip of land depending on rain and snow to replenish its water table, a conservation of water is desirable. This is particularly true so far as lawn and garden watering are concerned. No property shall have more than two well points and no pop-up sprinkler systems are permitted. Nothing over 3/4 horse jet pumps shall be installed for house watering purposes and nothing over 1/2 horse jet pumps for irrigation. Rider to Contract of Sale Between: CHANCY CURRY, as to a 37% interest, residing at 13 North Street,Greenwich, Connecticut, 06830; and GILMAN HALLENBECK, as to a 32% interest, residing at Cove East, 115 Lake Shore Drive, N. Palm Beach, Florida, 33408; and GARRY SINNING, as to a 29% interest, residing at 200 Watchung Drive, Hawthorne, New Jersey, 07506; and PARADISE OF SOUTHOLD,.INC., as to a 2% interest, a domestic corporation having its principal office at (no Robinson Road, P.O. Box 724, Southold, New York, 11971, as tenants in common and as their interests appear, as SELLER, and BARBARA MILLER, residing at 93 Hallock Lane, Rocky Point, New York, 11778, as PURCHASER. 25. The downpayment hereunder shall be held in escrow by the attorney for the Seller as escrow agent in a regularly maintained I.O.L.A. account with North Fork Bank until Closing of Title or Purchaser's default hereunder, in which events the deposit shall be delivered to the Seller. In the event that the Seller is in default, the downpayment shall be delivered to the Pur- chaser. The escrow agent shall not be required in any way to determine the validity of any notice or any other document de- livered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The Purchaser and the Seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of this Contract of Sale, to deposit with the clerk of the court in which such litigation is pending all funds delivered to the escrow agent hereunder and thereupon the escrow agent shall be fully relieved and discharged of any further respon- sibility hereunder. In addition, the escrow agent is hereby authorized, in the event that he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court all funds deposited hereunder, thereupon the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. The escrow agent shall have no duty to invest any of the funds deposited with him hereunder and shall not be re- sponsible for any action or failure to act, unless such action demonstrates bad faith. In the event that the escrow agent shall incur any fees or expenses as escrowee, the parties shall reimburse the escrow agent equally and the escrowed funds shall stand as security for such reimbursement. 26. This Contract of Sale is contingent upon Purchaser, at her sole cost and expense, obtaining a valid building permit from the Town of Southold for construction of a single family residence on the Premises. Purchaser agrees to make immediate and diligent application and agrees to sign such papers and documents and to give such information as may be required for such permit. The Purchaser shall have one hundred eighty (180) days from the date hereof to obtain such permit, and, in the event that such permit shall not be obtained, either party, pon written notice to the other, shall have the right to term- inate this Contract, and upon receipt of the deposit paid herein by the Purchaser, this Contract shall be null and void, and the obligations of the parties to each other shall be terminated. 27. Purchaser understands and agrees that the ground water available at the Premises does not and can not meet the standards as established and administered by the Suffolk County Department of Health Services for domestic use. It is further understood and agreed that it provide h acceptableedomesticlwateryforythe whatever means, permit premises so as to allow the issuance of the building P referred to in Paragraph 28, If the Purchaser shall wilfully fail to complete the ut the fault of the Premises withoof the Seller, the contract payment deposited by the Purchaser shall be paid over shall to the seller as liquidated damages and neither party have any further rights, one against the other. 29. It is expressly understood that the Seller hhsinot calmcondi- and does not make any representations as to the p Ys tion, operation or any other matter relating to the Premises and Seller is not bound by any statements, representations or information that may have been made to the Purchaser by anyone relative to the Premises. The Purchaser hereby acknowledges that no representations have been made and that they have per- sonally made a thorough inspection of the Premises, are familiar with the condition of same, accept same in their present condi- tion "as is." 30. The acceptance of the deed by the Purchaser shall be deemed to constitute full performance of every agreement and obligation of the Seller, and no agreement, representation or warranty shall survive delivery of the deed unless such survival is spec- ified in writing. Institu- tion, The Purchaser shall cause their Attorney or Lending if any, to duly file internal Revenue Service Form 1099S. Attor- The Purchaser ainstitutioneallhinformation necessaryse tro 's prepare ney or Lending Form 1099S. 32, The Premises shall be delivered vacant at Closing. 33. Purchaser shall be entitled to inspect the Premises at least forty-eight (48) hours prior to Closing. 34, The submission of the foregoing instrument does not constitute an offer to sell. The property owner reserves the ivery right, at any time prior to the Seller's execution andtdelmarket of the Contract itself, to withdraw the property from or to otherwise dispose of it. ADDITIONAL RIDER TO CONTRACT SELLER ' BETWEEN CURRY, HALLENBECK,SINNING, and PARADISE AND BARBARA MILLER PURCHASER(S) 1994 DATED NOVEMBER The Sellers represents that all the rules and regulations of Paradise Point Homeowners Association are included in this contract. Sellers represent and warrant that they own no contiguous parcels and that there is no need to file for a'N.Y.S. Gains Tax Waiver. Sellers will hold harmless, defend and indemnify purchaser from any N.Y.S. Gains Tax that may be assessed on this parcel due to this contract. This provision shall survive closing. Paragraph 26 of the rider is hereby amended as follows: If the purchaser is unable to obtain all necessary municipal approvals and a building permit within 180 days from the date of this contract, purchaser shall have the option of extending said time period an additional 180 days or cancelling the contract and the downpayment will be returned to the purchaser. Attached hereto and made a part hereof is a survey indicating the subject property in yellow. The downpayment will be placed in an interest bearing account with interest payable to the purchaser. SS# 016* 30 BARBARA MILLED SS# CHANCY CURRY - Seller SS# 4155W HALLENBECK - Seller SS# GARRY SINNING - Seller PARADISE OF SOUTHOLD, INC., BY: ID# John D. Sinning, President a ,5. Under penalty of perjury, each of the undersigned hereby certifies his/her/its social security or employer identification number to be: S.S.# 0101~ Barbara Miller S.S.# Chancy Curry S.S.# Gilman Hallenbeck S.S.# , Garry Sinning E.I.# 11-2736599 Paradise of Southold, Inc. by John D. Sinning, President 9. This sale includes all 0OLLER'S ownership and rights, if any, in any land lying in the bell of any street or highway, opened f or proposed, in front of or adjoining the 1111EMISES to the center line thereof. It also Includes any right of SELLER to an, unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grad". of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. Jortgagee''s IA--SE4o- bE.R-e ree -4e-dellvet-ta-PURCI(ASER-at-GLOSING-a-eertifieate dated-not-more-than-thert 30 -d_ ibefore- Cerdfh-me CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recordin Y ~_L e) or I.elirr, as ~ert!(ying-the gfno6nt of the unpaid la Exiling principal and interest, date of maturity, and rate of Interest. SE LLER-shall-psy f~fees~(or recording such certificate. If the Alorigage(s): holder of a mortgage is a bank or oUll.cimtitttiorr-h" Refined in Section 274-a, Real Property Last, It may, instead of the certificate, Iurldsh_an--anquulifilelter dated not more than thirty (30) days before CLOSING containing the same infefmath na SELLER herebystatesthat-anyE#ISTINC MOR7'CAGE-willTotbe-irtdefaultat-tlretiin"f-eL-OSING:. Compliance 11. Ft. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements 'alit' Stale noted in or issued by any governmental department having authority ds to lands, housing, buildings, (ire, health and labor and Alunicip"l conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this orlmroncnt I'tr,ladmra provision shall survive CLOSING. SELLER shall furnish PURCHASER yrith any authorizations necessary to make the searches and orders: that could disclose these matters. Ondl if the b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New York prior to 1'mparly Is Not CLOSING and payable in money shall be discharged b SELLER at CLOSING. This provision shall survive CLOSING. In the City of by Neia lurk: Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable it annual Asu.uo'ents' installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. Apportianments: 13. The following are to apportioned as of midnight of the day before CLOSING: (a)-fientsas-and-wherrcellected-(b)-lnterest-on-ENISTING-MORTGAGE(S):{e}Premiunt"m-e lstingtramferableinsuranee lwlieies-end-renewals of those expiring priorto-CL-OSIN6 (d) 7hxes, waterehargesand-seaer.rents, on the basis of the flseat period for which assessed. (e)-Fueht(-arty"{O.vault charges,-if any- lien If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be mrrectcd. This provision shall survive CLOSING. lt'alrr Afeler 1 4r-f"icre be a- water meter on file PREMISES-SELLER-shall furnish -a-reading -toa*date not more than thirty (30) days licadbigc before-CLOSING date-and-the unfixed meter-charge-and-sewer rent,-if-en ,-shell-be a reading. Y _ pportionedon-lice basirof-sueMast Allomarre 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid I for Unpaid luxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five (5) 7hxes, Etc.: business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. Use of IR. If there is anything else affecting the sale which SELLER Is obligated to pay and discharge at CLOSING, SELLER may Purchase use an portion of the balance of the purchase price to discharge it. As an alternatve SELLER may deposit money with the title fire to lay Insurance company employed by PURCHASER and required by It to assure Its discharge: but only if the title insurance Encnnibaneesr company will Insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. Affidavit as 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or to ludgementr• similar to that of SELLER, SELLER shall dellrr a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. t rr herd Uvonifer IS. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer and in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, Recording together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the Tam: lax return to be delivered to the appropriate officer promptly after CLOSING. Purchaser', 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and Lim: of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Srlle.'s 20. If SELLER Is unable to transfer title to PURCHASER in accordance with this contract. SELLER'S sole liability shall be to 7inl'niits t" refund all money paid on account of this contract, plus all charges made for: O 1 examining the title, it an • Canar PP y additional searches mnde in accordance with this contract, and IIi survey slid survey instion charges. n such appropriate Lbnaatl"" of and pay" enu this contract shell be considered cance0ed, end neither SELLER nor PUURCHASER shall have any further rights 1.1abilay: agalut file other. Condition of 21. PURCHASER has inspected the buildings on the PREMISES and the personal property Included in this sale and tr Property: thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as Is" and In their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING, PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Endue 22. All prior understandings and agreements between SELLER and PURCHASER are merged In this contract. It completely Agreement. expresses their full agreement. It has been entered Into after full Investigation, neither party relying upon any statements made by anyone else that Is not set forth in this contract. 1. This contract may not belwfnged or cancelled except in writing. The conlrtiall also apply to and bind the distribalees, mirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby aolhorize Ihcir attornecs to agree io writing to :uty changes in dates awl lime periods provided for in this contract. 2.1. AoY singular word or teen herein shall also be mad as in the plural whenever the sense of this contract may require it. (SEE ATTACHED RIDER) Barbara Miller - - - - - - - - - - - - - - - - Chancy Curry - - - - - - - - - - - - - - - - Gilman Hallenbeck In Presence OF: - - - - - - - - - - - - - - Garry ginning PARADISE OF SOUTHOLD, INC., by - - - - - - - - - - - - - - - - Jotul D. Sinning, President Closing of title under the within contract is hereby adjourned to 19 , at o'clock at ; title to be cMsed and all adjustments to be made as of if) Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser lhercuoder sire hereby assigned, lmnsferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser CISantr ct of liNIlC PREMISE'S itte No. Swoon 081.00 - - Block 01.00 CURRY, ET AL. Lot 016.007 County or'tbwn 1000 TO Street Numbered Address (no Basin Road Southold, NY 11971 MILLER Ilenuded at Bequest of RIiTURN BY MAIL TO: Dlslribiard by CHICAGO TITLE INSURANCE COMPANY Zip No. • FORM NO. 4 . TOWN OF SOU I HOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of' Occupancy Z10526 Date Jun@. J2 ................19.81 No. THIS CERTIFIES that the.... lot . . . . . . . LocationofPropeAPO Basin Road Southol.d~.New, York House No. Street Hamlet County Tax Map No. 1000 Section f1P.1..... Block I........ Lot .....1b Subdivision Paradise.Point. Cgrp,,, ,,,,.Filed Map No. LotNo. conforms substantially to the applicable provisions of the Zoning.... Code of the Town of Southold. The premises are located in the....... A Residential and Agr•i.cultural District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the requirements of the Zoning.. Code. "This lot is a Single and Separate Lot as Approved by the Southold Town Planning Hoard, June 1, 1986, with Access to a Street.." Thecerlifcateisissuedto ...Paradise Point Corp. . . caner, lest. . . of the aforesaid .]_ot. Building Inspector n.. ens CHRISTINE NICHOLL The Brook House Municipal Ji 405 South Country Road Building Brookhaven, NY 11719 Zoning Documents 516.286.7883 Land Use Consultants March 8, 1995 Town of Southold Building Division PO Box 1179 Southold, NY 11971 Attn: Mr. Gary Fish .i_.._J Re Parcel at Paradise Point SCTM #1000-81-1-16.7 Dear Mr. Fish: I am requesting a written Notice of Disapproval for the above parcel so that I may apply to the Board of Zoning Appeals. As per our discussion on February 10, 1995, you will be denying me for a 51' sideyard to the bulkhead (75, is required). I believe we might need relief under a 280A also since Basin Road is a privately owned road. We also discussed that the proposed swimming pool is to be loca- ted in what would be considered the rear yard and all other setbacks are conforming. Since this lot is single and separate since 1981 (see attached chain of title) you stated that I am most likely grandfathered from the lot area requirement. I appreciate your prompt attention to this matter. Very truly yours, c , U CN/dl ;Christine Nicholl, Ltd. cc: Mr. & Mrs. James Miller r CHRISTINE NICHOLL The Brook House Municipal 405 South Country Road Building Brookhaven, NY 11719 Zoning Documents 516.286.7883 Land Use Consultants March 8, 1995 Town of Southold Building Division PO Box 1179 Southold, N' 11971 Attn: Mr. Gary Fish Re Parcel at Paradise Point SCTM #1000-81-1-16.7 Dear Mr. Fish: I am requesting a written Notice of Disapproval for the above parcel so that I may apply to the Board of Zoning Appeals. As per our discussion on February 10, 1995, you will be denying me for a 51' sideyard to the bulkhead (75' is required). I believe we might need relief under a 280A also since Basin Road is a privately owned road. We also discussed that the proposed swimming pool is to be loca- ted in what would be considered the rear yard and all other setbacks are conforming. Since this lot is single and separate since 1981 (see attached chain of title) you stated that I am most likely grandfathered from the lot area requirement. I appreciate your prompt attention to this matter. Very truly yours, /Christine Nicholl, Ltd. CN/d1 cc: Mr. & Mrs. James Miller CHRISTINE NICHOLL The Brook House Municipal 405 South Country Road Building Brookhaven, NY 11719 Zoning Documents 516.286.7883 Land Use Consultants March 8, 1995 Town of Southold Building Division PO Box 1179 Southold, NY 11971 Attn: Mr. Gary Fish Re Parcel at Paradise Point T? = SCTM 111000-81-1-16.7 Dear Mr. Fish: I am requesting a written Notice of Disapproval for the above parcel so that I may apply to the Board of Zoning Appeals. As per our discussion on February 10, 1995, you will be denying me for a 51' sideyard to the bulkhead (75' is required). I believe we might need relief under a 280A also since Basin Road is a privately owned road. We also discussed that the proposed swimming pool is to be loca- ted in what would be considered the rear yard and all other setbacks are conforming. Since this lot is single and separate since 1981 (see attached chain of title) you stated that I am most likely grandfathered from the lot area requirement. I appreciate your prompt attention to this matter. Very truly yours, /Christine Nicholl, Ltd. CN/dl i cc: Mr. & Mrs. James Miller 14-164 121871-Text 12 ' PROJECT I.D. NUMBER 617.21 SEOR Appendix C - State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR / 2. P OJECT NAME IA'llevi-' PROJECT LOCATION: &)u7rwICY Municipality IN d County a. PRECISE LOCATION (Street address and road intenactlon prom' ent landmaraa, etc., o provide map) ~/lD aF ~R~//~ ,e 1~,1 p F~ SotFJf~B e-~ 6. IS P SED ACTION: kllStlew ? Expansion ? Modlflcatlonlatteration 6. DESCRIBE PROJECT BRIEFLY: C~AS7eV C~r S IF /0 / Sin 1 /XW- y jysj~ 40c',L~ GISA, sl s ',r d /mar P ci A77;tWtjT-6 I~DD D Gzec-/~° 7. AMOUNT OF LAND AFFECTED: Initially - acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? -L~ .v,,_~ 1? Yes IEJ No II No, daadrio9 briefly 10 T /Q'? ~ J/~,[ /9/! ~ ~y U1 1112115G '50&4 gESS/9cK. 2EAui2trfo; )YlooPsy/ (/SGLV s/~/D S. HA S PRESENT LAND USE IN VICINITY OF PROJECT? Residential ? Industrial ? Commercial ? Agriculture ? PafslForestrOpen space ? Omer ea Ibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE LOCAL)? Yea ? No If yes, list agency(s1 and Permit/approvals Nys 7cc Scy69c-7n 11. DOES AN SP T OF THE ACTL7N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes 11 ye:, list agency name and permlVapproval 12. AS A RESULT ROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ?Yes o IN - 1 CERTIFY THAT THE INFORMATION PRO IDED ABOVE IS TRUE To THE BEST OF MY KNOWLEDGE APPlicantisponsor Ah, Dale: i Signature: It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Rev of this form, and iew Act requires submission an environmental review will be made by this Board . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the additionaldstthe udies),eresearch tor other investigations will ebeeundertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. : (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _Yes : N0 2. Will there be a major change to any unique or unusual land form on the site? _Yes _NO 3. Will project alter or have a large effect on an existing body of water? - _Yes No 4. Will project have a potentially large impact on groundwater quality. Yes _ No 5. Will project significantly effect drainage flow on adjacent sites? t No _Yes V No 6. Will project affect any threatened or endangered - . _ plant or animal species? _Yes No 7. Will project result in a major adverse effect on air quality? _ _Yes _No 8. Will project have a major effect on visual char- . - acter of the community or scenic views or vistas . known to be important to the community? _Yes _Na 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes V No 10. Will project have a major effect on existing or future recreational opportunities? Yes ' 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes ~ po 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes NO 13. Will project have any impact on public health or safety? Yes -_No 14. Will project affect the existing community by directly causing a growth in permanent Popula- tion of more than 5 percent over.a one-year period or have a major negative effect on the '-'Yes •60 character of the community or neighborhood? 15. Is there public controvers oncerning the project? _Yes No PreParer's Signaattaurre/: Represen9/15ting: /Y//LIIA//~ f"llll'E?~ 77G9GT Date: 17/~i /JW I-F ~i~3 QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of tthe 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 a tached Pz) -~tuNC-1G 3 IJ.tSE D - C -61v~~ B. Is the subject premises listed on the real state market for sale or being shown-to prospective buyers? {P5 } yes { } No. (if Yes, ni ea ze aftarh =py cLE 11conditi=Ls11 of sale. ) C. Are there any proposals to change or alter land contcurs? { yes { } No D. 1. Are there any areas which contain wetland grasses? /uU 2. Are the wetland areas shown on the map submitted with this application? -Jt~~5 3. Is the property buIEZeaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? VC,- E. Is there a depression or sloping elevation near the area of Proposed construction at or below five feet above mean sea level? 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? _,NQ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If of your building - yes, Please the Buildiilds copy Department. f permit and map as approved by the Bung please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel fi inc. and propos d use M 02 C" q4t~ 7 *uo ze d Signature an Date 3/87, 10/901k • y § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6.5-84 by L.L. No. 6.19841 'WETI-SIDS [Amended 8-26-76 by L.L. No.2-1976:3-26- 85 by L-L No, &1985k A.. i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection X1(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24• Ti- tle 1, § 24-0107, Subdivisions I(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land.- as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-xs•es AUTHORIZATION We, Chancy Curry, Gilman Hallenbeck, Garry Sinning and Paradise of Southold, Inc., residing at P.O. Box 724, Southold, NY, 11971, do hereby authorize Christine Nicholl, Ltd., for Barbara Miller as Contract Vendee to apply for permit(s) from the Southold Board of Zoning Appeals on our behalf. adise of 876-16thold I John D. Sinning, President w? SUFFOLK COUNTY D*RTMENT OF HEALTH SERVICES • OFFICE OF WATER AND WASTEWATER MANAGEMENT SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 d•^~= ~"a~°"' 516-852-2100 NOTICE OF INCOMPLETE VARIANCE REQUEST - BOARD OF REVIEW TO:C~ZIST/N C` NIC140LC LTV FILE REF: S. (ouNTRV ~ bAO R16- 957-00Z 6 t- rRuUKOAv£N) Ny itio The request for a Board of Review hearing has been received. Prior to scheduling a hearing, this office will require the following to be submitted. [ ] Variance Application Fee $ (check or money order made payable to Suffolk County Environmental Health). [ ] Public water or sewer availability/cost letter. [ ] Test hole data. [~Q Testwell results. -BEST wfcc gtfou tT »„w SED 3~1 P1AAeAuLT A'-Suc. INC. unES Site plan. N°T Cf2CiFY TWAT 5A~,aLF L~A> CIuFcT'jV rN CUN V"wwcE [ ] wiTH Ti~T WZL PRoctvU4ES - srF FNCC~IFO 3v~vr IN [ ] Proposed sewage disposal: [ ] Location [ ] Grading plan (plan view and cross section). NYSDEC wetlands permit or waiver. [ ] SEQRA determination letter from Town/State. [ ] Completed subdivision/commercial/residential application. j Other TbwrA WETLANDS IWPRuUAI ~NGf(~££RS fZfPQRf (:u(- pf~I~N ni= i~/AifR SoypLY SYsrf ~RQ S'STFn,~, /A1(Lu6f PC.AS Fvc ' 0I.t(09ta STu2a4i: ~ Pei (ATM MIT PfficAvVI 1 7-£KS Following receipt of all requested information, hearings will be scheduled at the earliest available date. Please do not call this office with requests for earlier scheduling. PLEASE RETURN THIS FORM WITH YOUR RESUBMISSION. By Date WWM-062 (REV. 9/93) ,w"s°'°"w" NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSER TION - NOTICE COMPLETE APPLICATION - THIS IS NO PERMIT APPLICANT. OWNER ID NUMBER. 53975 BARBARA MILLER P.O. BOX 610 CALVERTON, NY 11933 APPLICATION ID. 1-4738-01115/00001-0 BATCH NUMBER. 213136 PERMITS APPLIED FOR. 1 ARTICLE 25: TIDAL WETLANDS FACILITY/PROJECT. MILLER PROPERTY PROJECT IS LOCATED IN SOUTHOLD IN SUFFOLK COUNTY. Your Application for Permit is Incomplete, the Following Rents are Required: Additional Information: IN ORDER TO QUALIFY FOR A LETTER OF NON JURISDICTION BASED ON THE 10 FOOT ELEVATION CONTOUR, PROVIDE A SURVEY SHOWING THE ELEVATION CONTOUR LINES AT 2 FOOT INTERVALS BEGINNING WITH ZERO ELEVATION AND REFERENCED TO USGVD (SEE ENCLOSED JURISDICTIONAL INQUIRY SHEET) BE ADVISED THAT A NATURAL, GRADUAL SLOPE IS 1 FOOT OF RISE FOR 4 FEET OF RUN. Please submit requested information by 05/30/95 NO FURTHER ACTION CAN BE TAKEN UNTIL ALL OF TH E MATERIAL;, ARE RECEIVED CONTACT PERSON JANET J KOLODZIEJSKI SIGNATURE. WS DEPT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS DATE: 0411445 REGION I STONY BROOK SUNY CAMPUS, BLDG 40, ROOM 219 TELEPHONE NUMBER 516-444-0365 STONY BROOK NEW YORK 11790-2356 I e FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Christine Nicholl Ltd. as agenDate.....MaF.c,h.29 1995... To .....for-'James -Miller,. contract vendee ......405. S.Quth..Cou(jty, .Rpad Brookhaven, NY 11719 PLEASE TAKE NOTICE that your application)dxWd received x.10, 19,95,• for permit to eonstz .sir~le-family d„ellirxJ ~ decks Paradise Point Assonatim . as built at.. any Pool' and retain use of boat basin fur existing .....................at Location of Property ....580. Basin Road House No. Southold County Tax Map No. 1000 Section Street Hamlet 81......... Block ......1 16.7 at Lot (f~merly and 16 Subdivision Paradise.pbimr SoQ I Filed Ba 17) Map No. • 37(?1 and Lot No. rut shown as a . ......4nlrhn9 lot; is returned herewith and disapproved on the following grounds This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a bui]ding.iot;..Sec£iori'10O=281A=7 ''Single'&'aedarate'Search'required•back to 1957; 2) Approval required by Board of Appeals to build single-family dwelling as a §econd use '0h'th1s'1:99-'acre*parcel:•••R-80•Zone•requires.80,000.8q..ft,•per,uw .(or 190,000 sf) Art. III, Sec. 100-30A 3) Approval is required from Board of A eals under Article-IDEA Section 'ibb=2319.4B for 7ocatlnn.o€ d ling aath.decks_at less than /5 feet from the existing bullied; •APpnW.rPWju<Md to mend Filed MEp as . . Pload iied_by-tf~e Planing Board for Paradise Paint, Section One P~n9 t0 "Futiae Extssiori" of Basin Road ad use of ifii'ss'pazcel as a•biidldir~•~-...... One, •••Natec-.G.ony@Xance.of land (now 17 on CTM) not found on Town subdivision map. Ch. 100: 5) Approval required from Town Trustees and NYS Department of Environmental Conservation fqr all activities and construction. r... BB...... uilinq Inspector RV 1/80 ¦ ' FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .....MarAh.?9 1995... Christine Nicholl Ltd. as agent To .....€or- -James, -Mil-ler,. contract vendee ......405. S.4uth..C4vot.y..RQad Brookhaven, NY 11719 PLEASE TAKE NOTICE that your applicationzixbed received.Macctr.70, 19.95 for pennitto consbmjcL.sirVn-fwiIy. dwelling with decks, accessary per, and retain use of boat basin for Paradise Point Aeration Inc. as built at. existing ' Location of Property ....580.Basin,Fbad . House No. Street "Hamlet County Tax Map No. 1000 Section ...81......... Block ......1 Lot ,16.7 (famerly pat of 16 at Bayview and 17) Subdivision Patadise.Po cat, SOC.I Filed Map No. ....3761 Lot No. rpt a txnldu~ Iot; is returned herewith and disapproved on the following grounds 1)..This.parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a buiiaingi Sec£ion 100=281A=7 " Single'8'sd0dtate'search*required•back to 1957; 2) Approval required by Board of Appeals to build single-family dwelling as a second use bh'this'1:79_acre'parcel:••-R-BO-Zone'requires•80,U00.SQ..I6,.Rgr,use,(ar.120,000 sf) Art. III_ Sec. 100-30A 3) Approval is required from Board of Appeals under Article p01I . Section 1bb=23'9.46 for ]nralaop.of.dnall?n9 with decks at less than 75 feet from the existing bulldead; 4~ • -Ppprpyal..zgar} 1 to arerd Filed Map as TFme b~ lire Planning Boazd for Paradise Point, $er:tiIIl One, pertaining to "Future Extersim" c~ Basin Road aril use of this pai'oeI as a•b1Ard1rr *Rt; Notet --QppyQXance_of land (now 17 on CTM) not found on Town subdivision map. Ch. 100: 5) Approval required from Town Trustees and NYS Department of Environmental Conservation f4r.aii activities and construction. ~i 7uilng Inspector Rv 1/g0 FORM BOARD OF HEALTH NO. 1 0 3 SETS OF PLA;IS TOWN OFSOUTHOLD SURVEY BUILDING DEPARTMENT C1ICCK SOUTh,.,.?, Iv.Y. 11971 SEPTIC FOR:1 - " " p TEL.: 765.1802 t:OTIFY ed.~~l.........., 19?.~.J CALL t1AIL TO: roved , 19 Permit No. . Disapproved a/c _ . " (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date 19 INSTRUCTIONS a. This application must be completEly filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property cation. ca must be drawn on the diagram which is part of this appli- c. The work covered by this application may not be commenced before issuance of Building Permit. Upon approval of this application, the Building Inspector will issued a Building Permit to he applicant. plicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary i ections. (Signature of applicant, or name, if a corporation) .7"OSS ~D6`% (Mailing address of applicant) / 1y: 71f State wAther applicant is owner, lessee, agent, architect, engineer, general contractor, elects ician, plumber or builder.. /]lT,j ,~GUi((:5 • B . l/ D • Gtr Name of owner of premises LR..4Z1~1C„ (as on the tax roll or latest deed) f applica 1 corporate ignature of duly a horned officer. me and title of corporate officerG%> ` . Builder's License No . . Plumber's License No. . Electrician's License No. Other Trade's License No. Location of land on which proposed work will be done. . House Number SGY171L..D... Street Hamlet County Tax Map No. 1000 Section ...:.(g,(, / / Block Lot f4'.7 Subdivision Filed Map No. (Name) Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy S59C. ANC Ia. Intended use and occupancy .~(CiG~ f fyj~~ 3., Nature of work (check which applicable): New Building Addition A.Iteration Repair Removal Demolition Other Work . 4. Estimated Cost Wcscrip,tion) • . , , • , L (to be paid on filing this an lication) 5. If dwelling, number of dwelling nits ) Number of dwching units on each floor If garage, number of cars " " " " 6. If business, commercial or mixed occupancy, specify nature and extent ofeach type of use . N I . . 7. Dimensions of existing structures, if any: Front Rear Height Depth . . . . . . . . . . . . . . • • • • , Number of Stories . Dimensions of same structure with alterations or . . additions: Front . Depth Height f Rear Number of1tories ,8. Dimensions of entire new construction: Front . R ear 1.11?... I Depth Height Number of Stories . 9. Size of lot: Front Rear " Depth . 10. Date of Purchase G- N.... , • • • • • Name oo Former Owner . 11. Zone or use district in which premises are situated 4-9Q, , , , , , , 1 Does proposed constru tion violate any zoning law, ordinance or regulation: 3 Will lot be regraded Will exc ss fill be r oved from 4. Name of Owner of remises . , 0 'em premises: Yes ' No P D/~E.FS4t?N444DAddress1,,.70?/JA!/, PhoneNo. Name of Architect " • ' " . . . . ................Address ...................Phone No...... . Name of Contractor .411vi"N44J.. , , , . , , Address Phone No • . • • . . 15. Is this property within 300 feet of a tidal wetland? . . . *If yes, Southold Town Trustees Permit may be required, No......... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or propos d, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether nterio~or c rner lot. o j?s 9-%". TATE OF NEW YO1. j OUNT/1Y/O/FF J,C ..S.S L ~'lK+ 77IJ • • ~C, . , • • being duly sworn, deposes an says thalshe is the applicant (Name of individual signing contract) )ove named. is the (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the irk will be performed in the manner set forth in the application filed therewith. ,om to before me this day of....... 195 Lary Public, "County DENISE M. LUCAS Notary Public, State of New York • • . c/Z,~d . N..4938506 . I qualified in Suffolk County 01U/ (Signature of applicant) GG' BOARD OF HEALTH FORM NO. 1 3 SETS OF PLANS TOWN OFSOUTHOLD SURVEY BUILDING DEPARTMENT CIIECR SEPTIC FOR:I SOU`fh. ..j, N.Y. 11071 TEL.: 765.1802 ::OT I F'f ; Examined 19~.~ CALL . . ttAIL TO: Approved , 19 Permit No.. • . • • . Disapproved a/c e?,/'Z~~ 1' • (Building Inspector) APPLICATION FOR BUILDING PERMIT Date 19F INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. _ b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stieets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary i ¢ections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, elect ician, plumber or builder. >,,Cj),t?..4GUit~ . 9 . V-UD/~ ~arne of owner of premises (as on the tax roll or latest deed) f applica r corporate ignature of duly a honied officer. me and title of corporate officer) Builder's License No . . Plumber's License No. . Electrician's License No. • • , Other Trade's License No. • . . Locatiory of land on which proposed work will be done. .~~{,~/NU~ ...SOV4r/70 D House Number • ' ' Street Hamlet County Tax Map No. 1000 Section . , • :.&I . ~Cl. Block Lot Subdivision ..~.1~ Filed Alap No. (Name) Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy jjq'J •~¢5~,~ J !yiz~zper~~id~•.~SSOC_ ~vctC b. Intended use and occupancy .S/ttd~r/,(L jpyy~~ v ~11Dk" A 49 Ale- 3. Nature of work (check which apble): New Building w Repair Remove Aden Alteration Demolition • • • • Other Work . 4. Estimated Cost (Description) . S.-'If dwelling, number of dwelling units (to be paid on filing this application) If garage, number of cars • • • • • • Numbcr of dwcliing units on each floor . . . 6. If business, commercial or mixed occupancy, specify nature and extent of.caclt type of use 7. Dimensions of existing structures, if any: Front Rear . Height Number of Stories Depth , . Dimensions of same structure with alterations or additions: Front Depth Height..... Rear.................. ,_.8. Dimensions of entire new construction: Front Rear Number of tories Height Number of Stories 1........... Depth . . 9. Size of lot: Front . . . . . . . , . 10. Date of Purchase A Rear Depth • • • • • • Name o Former Owner . 11. Zone or use district in which premises are situated... ituated Q 1 Does proposed construction violate any zoning law, ordinance or regulation: 3 Will lot be regraded f~' . ' Will exc ss fill bel r cue,/d' from premises: Yes I~ d 4. Name of Owner of premises a . '64 - F'-OQ#104DAddress 401. 79? t Name of Architect . , • • • • • • , / . . I • Phone No . ................Address............... Phone No. Name of Contractor .(!/.ti!/:LNQy! 15. Is this property within 300 feet of a tidal wetland? ,~•s " " Phone No. . . *If yes, Southold Town Trustees Permit may be required. No,........ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names an steno ore rnerlot. d indicate whether YO b o c~ 4C. TATE OF NEW YO OUNTY OF ~C! . . S.S T11J . /e_#Z~ • • • • . • , being duly sworn, deposes an says tha5he is the applicant (Name of individual signing contract) )ove named. s is the .,......,~f Y• 'i vT •~~~5 OLl//~L~~JS; C~ 722/~P~/ . '2~i~ (Contractor, agent, corporate officer, etc.) " . said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk viill be performed in the manner set forth in the application filed therewith. 'om to before me this .........day of 1199-5 tary Public, . • • • • ounty DENISE LUCAS Notary Public, State, of W York , , , of Nd Ne , . :Si . , . . Qualified in Suffolk county 01Ul (Signature of applicant) r`..w..•.icefnn Fvniros August t. 19- SEG7YON ONE J~ ~ MbAr.N ?A D/SE PQl N yT ~a .moo B .(A Y V / E .I%? . OWN 'OF SOUTHpL p ",.;••s.' SUFFpC K COUNTY NEW YORK .4RE19 9./8.gCRES u ll;b SCfILE /N FEET 1I ~a se. too a00 900 fJv ~~r, roo iao 2~ /963 Owna~/onc/de..a/a~xe~ 1(N/^'~ BOARD P4 L)lsE POW7-CORPORA TION p R Y~-o-as . Sor~1F,o/~ N.Y. ~ »An ~ FL J, 00.6 yr f H nZBl~~j/_ NZ~- Tj S l9 " 1N r i os rnoC~ y ~ j o, Niyf .t b~cn sd JO$~ / N . Q C pr Jr f~ l ' ! ~ ~ N fl ~ Po/^~/sa Poin1' Cor H M o Z. /Oa b AMA 2 Z f ¢ X. /olas a M ~ e .lVi x~ o .N• r! %pf / r ~FutUrG extensioni°~py g~A s 710 assn/r u/ »a ro, rr < • ~ l .F~ 6 / ~ as 2X Ho. ~ / r AS AS/N 00 v. f , . 10 0 Bee ¢ ! ~ ~ .ica/LoYGoyoaT` ~ ,li' / / gd ~ 's 04065' eA, lo-N o / N~/}•S6'.#'J ;E. 1 gp,76 K~ O GLi ~ ~ mad @ a~~ 1 ~ ~ 4 M 0 i 2 f a• ) / / PI CCwtil cow- Pl - i3 0 t f / ~wYC rrn s 3' •i ~w la /s"aoo 39J. 7p / C/so ~ Rod'~~ ~ q r»~i~wwe+av.~ ~ Ecavd rj -4 4 ~IHOLD. N.Y. NOTICE OF DISAPPROVAL :a . Date .....MBIrAh.29 1995... ' Christine Nicholl Ltd. as agent To .....for- •Jamea -Miller,. contract vendee Brookhaven, NY 11719 PLEASE TAKE NOTICE that your applicationxtabed mceired.Mm:d .10 19 .95. . for permit to oorstatict.sux3le-faidly.dweIhng with decks, army pool, and retain use of boat ~in for Paradise Point Association, Inc. as built at existirg docks a Location of Property ....580. Basin Fined . . . . . . Scutlnld House No. Sheet *''*''Hamler County Tax Map No. 1000 Section ...81......... Block ......1 Lot ,16:7 (formerly part of 16 at ad 17) Subdivision Paradise.Point, Sec_I Filed Map No. 3761......... Lot No. r?ot. X10"^. a bull rg lot, is returned herewith and disapproved on the following grounds This.parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building 1ot; Secfiori 100=281A=7Sirigle"&"Sd158ratC'gearch•required•back to 1957; _ 2) Approval required by Board of Appeals to build singgle-family dwelling as a econd use 'bb'thi5'1:79=acre' arcel:•••R-80•Zone•requires•80,UOO.Sq..ft,.per.ygq.(or.1~0,000 sf) Art: III; Sec_ 100-30A 3) Approval is required from Board of Appeals under Article XXIa Section lbb=233.46 for Approval drglTim pdth_decks at less than 75 feet from the existing bulkhead; 0 4Z .Apprpyal•rvWAed to amend Fileri. haji.as aPe¢oved by the Planning Board fns Paradise Point, Set.•t3m Ore, pertauung to "Rttrse Fxtensim" of Basin Road acid use btd s'paicel as a'UA dtM'lbC; Notes••C.opyQyance_of land (now 17 on CTM) not found on Town subdivision map. Ch. 100: 5) Approval required from Town Trustees and NYS Department of Environmental Conservation ...fRr.ail activities and construction. , i s Buil' an T g Inspector RV 1/80 1~ FORM NO. 3 a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .....MaFc.h.?9 1995... Christine Nicholl Ltd. as agent TO .....for- -James, •Mil•1-er,. oontract vendee A05. S.auth..Count.y.,Rgpd • , , . Brookhaven, NY 11719 PLEASE TAKE NOTICE that your applicatiomdated mceived.Mm7cb.1D, • • • • , 19 .95• suuLt. suckle-famlY dwell? n9 with decks, any pool. and retain use of boat basin for for permit to con Paradise Point Association, Inc. as built at existing 'docks at Location of Property ....580.Basin Pined •tr •eetSouttnld se No. S .......................Hamlet Hou County Tax Map No. 1000 Section 81......... Block Lot .16:7 (fiarnerly part of 16 at and 17) Subdivision ParadiseRnint, SeC I Filed Map No. Lot No. not shown a lot' is returned herewith and disapproved on the following grounds 11..This•parcel of 1:79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; *Sec£i66*100=281A=7••Single'&'ddodtdte'gearch'required-back to 1957; 2) Approval required by Board of Appeals to build singgle-famil dwelling as a second use bh'this•1:99=acre-parcel.---R~-BO•Zone•requires-80,000.Sq..f ,.Rer,use•(or 120,000 sf) Art. 'III: Sec_ 100-30A 3) Approval is required from Board of Appeals under Article )DOZI Section 1bb=23tiJ.46 for J0cW W.Of drelPing with decks at less than 75 feet from the existing bullhead; 4~ ..AplgpY.re{1 to anend Filed Map. as.a.by.the Planning Board for Paradise Point, Section One, pertaining to "R tune Exton" of Basin Road anid use of V s'parcel as a'hirllltintJ'lbC; •••Note<••QoPy@Xance_of land (now 17. on .C.. not found on Town subdivision map. Ch. 100: TM) 5) Approval required from Town Trustees and NYS Department of Environmen.tal Cbh6ervation ...f4r. iii activities and construction. 7ui g Inspector Rv 1/80 r._G.ARD OF HEALTH I!~~ FORM N0.1 SETS OF PL.\;1S f• TOWN OFSOUTHOLD SURVEY BUILDING DEPARTMENT CHECK _ _ • , SEPTIC FOR:1 SOUTh, j, Iv.Y. 11971 TEL.: 765-1802 r:oTIFY; Examined .3 ~ CC CALL _ _ 19 -l.J _ AIL TO: Approved N 19 Permit No............ . Disapproved. a/c _ . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. _ b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stieets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary i ¢ections. rSn.rim.. ~ b ~i . (Signature of applicant, or name, if a corporation) SS !..........7/. (Mailing address of applicant) /V '11 9 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, elect ician, plumber or builder.. .1p,- l/D D. 4`:............ Vameofowner ofpremises /~17~,$~; ~F,SQV!.r+.yLQ .~N4 (as on the tax roll or latest deed) f applica t corporati ignature of duly a horized officer. ti me and title of corporate officer). . Builder's License No . . Plumber's License No. Electrician's License No. Other Trade's License No. Location of land on which proposed work will be done. U 0 ....................:645!,V SGLrTI~AG..D Ilouse Number Street Hamlet County Tax Map No. 1000 Section 8.1, , , , , , , , , Block / -y Lot ...14.7 Subdivision ~+~f ~ Filed flap No. . Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .!.(.~l/• •~.4,zvN. b. Intended use and occupancy . • _i9'r. ~8! a GsE Fa rc ~s~ lAle, 3. Nature of work check whit ' 4/ ^ ( licable :New Buildin Repair Removal 9 Addition rvion Demolition Other Work 4. Estimated Cost (D::scrip.tion) 5. _ If dwelling, number of dwelling nits (to be paid on filing this application) If garage, number of cars , , Number of dwcliing units on each floor . 6. If business, commercial or mixed occupancy, specify nature and extent of..each type of use Jf 7, Dimensions of existing structures, if any: Front Rear Number of Stories Depth . Dimensions of same structure with alterations or additions: Front Depth Height..... Rear.................. ,_.8. Dimensions of entire new construction: Front Number ofItories . Height / Rear . . , . Number of Stories . 9. Size of lot: Front Depth • . • . Rear........... . . . . . . . . . . . Depth 10. Date of Purchase . , ~~~((/~//1JG - . . . . . . . Name 0-f Former Owner 1. Zone or use district in which premises are situated. , . . . . . .4 Q, . . . . . Y 1 Does proposed construgtion violate any zoning law, ordinance or regulation: 3 Will lot be regraded • • • • • • • • . • . . Yes ' Will exc ss fill be r ovcd fro 4. Name of Owner of premises p/,4E,dF' -L' #144OAddress W. 7d premises: Yes . Name of Architect , , ~,pv. • • Phone No . • • • • • Name of Contractor .4111,(/Zt(444 !`D, • • . • . . . . Address . , ' ' ' ' ' ' ' ' . . . . . Phone No . . . . . . . , etl Address and? Phone No......... 15. Is this property within 300 feet of a al wetland.?* *If yes, Southold Town Trustees Permit may be required. No....,,'•' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or propos d, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deeO, and show street names and indicate whether Saerio ore met lot. ^ ~O w l IS y a TATE OF NEW YOB * OUNTY OF t~(.L.~/ S.S (Name of individual signing contract) being duly sworn, deposes anc~ says tharhe is the anplica nt )ove named. is the d'01 7Z100, 4l~e.t~............ (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the >rk will be performed in the manner set forth in the application filed therewith. nom to before me this day of. tary Public, ` ounty DENISE M. LUCAS Notary Public, Statadf New York , " No.493115U6. Clualified in Suffolk ounty ~na;ure of applicant) I•n rc nn t. rxnirPS A4n,m 19 ' rr-r-• Lyme;, . ~t y t )1 f' `w. 81..81 M.. MturellY.I..i1, ~ ~ 1 iaettf,VWloll ltsYarnt .L alln. ;f f1( I Y"iRf*tftof October ,nin.tem Mrhdrld 11nA •Sghtygr well s ~I 111, ~~}I+,i M Itd3r!' !ORATION, a domestic corpor.ition having its ~ yp business at (no number) Paradise Polat )to¦dp, t fill i ! ~y pl¦¦e 411 If! I'l l , •I N~ r. r, ql: i I r,'. ~11~ doneGMretmd J. LANE CURRY, as to a 37, interest, residing at 13 7 North Street. Otbllmidti, Connecticut 06830, and GIIJWl HALL3318M ¦r'i to ¦ 32N b $to roeidin ¦t 1no k( Paradises hoiut toad, 8putlto~d, fill MtW York 11971. ON GARRY BINNING. its to a 29;' interest, realdl ¦t +E 1178 18th Avenge attersOn, Nov Jersey 07?•09, and JOHN SCHUT*, as M " I+ ~ ' ¦ IS interest, kXding at (no w) Paradise Point Road, Southold, New j! 14e Twit 11971, as toillant¦ in common aril an their intermot appears ie rrfeexlyImr~wa~f.4~tr..al pout ~ > t' :~ra~Aee; Y da ploy of the Mra Pone, in axmrie6ntir.r of 11'4'. WNw~~NNN •TEN (810.00) wMW4 WANayapdAeAArwd lM.w, Vern ilk I Y I' i Nt pat1P of M aimed part. don hee6y [tern mA r.I,aw Uw d p-y of th, wand pad. do kebs er ' t e M"ft ed 81111100 of Ile Pony of the eee,md Pon (owes, ~f . PAPA= II 8itl ALL drat rae00kr flab pitrq or pro! ..i Lmi, NNArMNe11¦fleprnxe Mp.•arat~1111umgtMMAm"". Sin w. YMf 1yy lpr tllegsadMaDM01¦ si.6eyvlew, near Southold, iii the Town of Southold. I ~I),1 CMnty Of Suffolk and State of New York, k•„wn and designated as all t that property Ow1141d by the party of the ft, wt part as shown on a cer- tain nap entitled "Map of section One. Par:+dime Point at Seyv1aM and Iii if filed in the Office of the Clark of the Co„•,ty of Suffolk on April 111 I, 19013 so Nap no, 9761, Including but not limited to the roads shown u 1 11 1, tf090". boat basin, inlet, channel ;.nd those lots numbered 6, 12, ,.;jt, Ora 13, as aAI¦wn on said map. including drain located bettemee lea sx bYWa70ed'12 and 13. AI i ' i lMLLO SAID t IS 1) that the lbws 111cludes u11 the property owned ' AN Said aubdivisitln by Lhe party Of the l'i'ra cart herein. r l!IISCp. IT, AFL that detain'+Ilot, pierv or par,:el of 1ond. wtLh the buildings i nd improvements thereon erected, situate, lytng and being at MyvleYA , neat Southold, in the Town of Southold, County of Suffolk and State '1'" 'of Mw York, heingl more part/r:ularly bande•I and described se follewa! 00MING at a point on the most northerly extrr:siou of Robineca Rbd ' 419 shower on a merlain map entitled, "map of section Ona, paradise kd' 1• point at Myview•i and filed in the Office of the Clark of the C,-&I l ,Point Mffolk, an April 11. 1963 ae Map No. 3761, which point is the ¦MUWO11te[ly corner of land now or formerly of shawl R1~1wb 7MiMC8 along land now or formerly or Shaw, North d degrees . l+ e 19 minatae 20 "condo East, 190 feet, more or leas, to the ordi r 'v 11 R4h Water Mark of TOWa Harbor (also known as Southoild bay), t o 1111~ICiia1ellg the 'diltlinary high water mark" Of Trwn, Harbor (8outheld in a northeasterly direction 6T, feet, more or lees, to a point the Juncture of TOW Harbor (sout.told Say) and Pedonio Mye std eS t ¦ksth On a certain Minor Subdivision made for Paradise Point r' ¦lt!¦It. U.eurtleyed end mapped by .Roderick VenTuyl, P.C.. MM'emyer~r )u[ 1 f +..•i' r•i Woelpstti New Yag'si on September 17, 19507 ~r " i Noma" 'I~ICB selt~N)le[ly along the ordinary high water nerk of M lf. l4'' ~I M'7fd tOOtrsee lp[ 1690, to lands now or formerly of Cmr3w milli " e f + s11811¦ tl¦'t1m1 ¦eribisd nicer subdivision inapt l 1fi'1 r* •t+ r• 1Nd WNW= &WAO leads now Or formerly of curry, Borth 47 t1q[tMMl 'rr ay"f, j 131 stinetse Mot. P90 feet, sore or leas, to point marking the scot ( 1' I: i nOftMrly ewtenwlOn'of the southerly side of Robinson Ito"I RUNNING TI1NC8 .11044 the fans) northerl•,' ,•xt,•wfon of said Ra,lhOMM Rmd~ 9 , I: r a ~ • ,,~yiea1r,twJt.uhi. _,~,y.emaa161YdtukY.,,IW. Y so"+ A SO bat, more or line, to the PO n6 ttt~ rd. C a ii IV, MINC~f...ISi r i A a p AN, that iertmilIt plot, piece or parcel Of land situate, lying end be at SmYview, Mar Southold, in the Town of Southold, Count of Sug ~m eb110Wbf M~,.f~ork, Mine more particularly bounded and deeorSba l 2aGINM3b0 at a point, which point is the northwesterly corner of Lot 13A, a sboth On a Ortain map entitled, 'Minor Subdivision aMda:. .D for Paradise Point Corporation, Paradise Point, Southold, N.Y.". D as Oir"7611 And''HkppaO by Roderick VanTuyl• P.C., Surveycis. OrNstpott~e Now Tack On September 12. 19BF: .jf 1001190 THEM from maid point of beginning northerly 680 feet, Moto! :a i~i!!• or Jesse to the Ordinary high water mark of Town "arbor (alsp knOme As Southold Ay) e I i, 21000 alone the ordinary high water mark of Town Harbor (Southold be$'t u a It winds and turns. 169 feet, more or less, to a certain inlet and Omnal, as shown 'on a certain map entitled "Map of Section Only, Pernd1N• ! Point at Ayview" and filed In the Offitt of the Clark of the County." Of Suffolk on April 11, 1961 as ;'lap No. 374,11 ~1 4.r l"o"os in a southeasterly direction along the inlet, known as Canal +si i~lli - Aaln On the above mentioned filed map and minor ¦ubdivimioo map, "asI 1* 7 it winds and turns to the northerly corner of Lot No. 11. ace. ahawo mall ~,li Amid Uspel 7; ' t h, 41OQ South 51 degrees 28 minutes 20 seco,ids west, 165.00 feet to li Il . briar Larval !lHSNCa southerly across the northerly side of Briar Lane South 14 Y!Ir degrees 56 sdnutoa 30 mehmnds caret, 62.24 feet, list t ' 9f~bQ eoutM[ly along the northerly a4ds of Lot No. 12,. as lylgwn on the above mantionad filet] map, South r•1 de Trans 28 minutes 111 NoOmdo v Meet. 91.90 feet to the northeasterly con,nr of Lot No. 13, also Y.: ~~~Yl tt *)rpr $howe an the aforesaid filed map, 'k"INO tTaNCt along Lot No. 13, a~; shown on the aforesaid filed mapell, North 54 degrees. 54 minutes 50 seconds best, 152.97 feet to the pOino, t or place of SWJNNIns. PARCIL Ivv .t ALL that certain plot, pieta or parcel of land situate, lying and be !}1d~r is at Sayeriew, near &suthold, in the Town of :tr;ut.hold. County of Suffolk! + ih And state of Now York, being more Particularly bounded m-d described J°f 2141110Jl0 at a point on the ordinary hi:7h water mark of Town HSrbO[ (also ktWwn as Southold Say), which t ( Il print rs here the westerly side 0 land of uN[a Intersects the said ordinary high water mark of Town wn !:I h Harbor (Southold May); RtINM1N0 THZWR along land now at fcnnorly ,t ('urcuru the following courses and distances: two 1. r (1) South 4 degrees 15 minutes 21) seconds wrest. 180 feet, pore or le I' to a pointy I;: (1) South 74 degrees 24 mtnntee 211 anconda T,aat. 40 feet, more or leg y to a point, which point marks the westerly yeti,nalon of Basin Road. shown on a certain map entitled "Map of c, 4ien one, Paradise Point or.. r bsyview" and tiled in the Offient of the Clark of the county of 8utfalk.1 Q + On April It, 1963 Be Map No. 37611 UOICb southerly across Basin Road Fouth 31) da7rees 08 minutes 40 I 'l { eertonds Nest, S1.65 feet to the northwesterly corner of Lot No. 9, 1 shorn on the aforesaid filed maps •!i''.. N MISSING TIRNCa southerly along the westerl, Bide of Lot No. S, On tke'~i'~ aforementioned filed map, 30 feet, more or less to a point Map said ...~I. Lot NO. 5 meta Canal Basin, as shown on the aforesaid filed maps - RUNNING TWJICa alone the northerly side of the Canal Basin, on shm]a an the aforesaid filed stop, as it winds and turns 575 feet, more W o- 1066, in a westerly and northerly direction to the l ` ordinary b! mark of low" Harbar (Southold say) t rir III y 'WMIft THbNCa along the ordinary high water mark of Torn Kerber (SaNthold bay) in on mastery direction 315 feet, more Or lose to now Or formerly of Curouru and the point or place of e(SGIINIINO. j t 20a"O11 WITH all the right, title and interest of the party of the )I ~ ` Is 1 tlrnt ,remit ,~vtd to lands lying under the high water Oark of "We a lYtber (Aut3vtild Say), Including any and all lettiee,protrOdlng 1M,O,~` Y~ l N A : Mnd. t! HSAOr ~(bouthold may). - I • Ili i r " illy V Ytlt 11111111 buns. N teyr N the pry of tM fwN post ,Y Wr ¦ ~!MA41Mp/y M~ ~~Mr Iretilld ptattWa to tM oenmr lion Ornef, I I am V Y *mw ud flow of Y pry el Y dttM IsMt r WrM ~ r~MArt ~ 1O ~w ft "also voM prosb onto Ur p.rtv of Wewad poll. Y Min v I, wrwrr ri rIM ri1lr4 N Y nelatd prt freer. ' i I • it it t I~' it L L' I jl I I , t I~Yt ti I I t~ r } M I I! 1 AND tM Party oil Y fire on" nnmann that the Iofty ,d tlt, fins part ha, me .1 me M suffered ryw" arNre!) the sami prerdan We been inrfonbererl in arts .ay ex tA as AMY Party oY AM part, in tvf.pliann with Snum 1.1 of the Lien Ise, mrnanU Yt Y pry ad tM fist rrt *9 totdee IM ron"ratin for this ceinnYw a and .dl Mdd the rights to rwdat Wr owne* "Mint r Ii teat ftsd to M applW first for the pufpw,,f lmyinr de- aM n( thr intptim I and WE or* 1114! Ilnf a1Y to Y Paynerd rd the nM of he impu.vemmt Lefnrr udnl any part of the total of as Ike fr ~ t J M NMt p.rraaa _ 7 ;f The twsNePat1f'sY M aasrtmM on it it earl "Parties" rhrnrwr the ~.nv of this Aulsraut" M nptdld? i.y I' Ilr ¦ N111~{ r the party of the asst pre Mt duly nr. in.d this Jr«I the dny and yor Ord am "him I l al9l If Iw err¦a tr: PAM SE INT GORPO ktM.' byf Johnilia huCCe, PresLdlynt N. r IiF tUdlf NI w ^ I V Y / r s. I .f III ~I b, r II I fl. My . W) f. i y f r ry r- ' I III I I L. I. I y rf i~ I Vs.I .J. .i I'il rl 1; t 's t; Ilr ~ Iv ,..:I,' -MMMiM4 MMM I 1: d Y 1~ mm Owh 67 4 PM j an : t M w ham to be Br y Y tdtd wY o n Yawn a be the I,I M R + *r ar.wt~ed K. W4, "I I~ ohm. I 11 Mmmom?rwo at Wawa" I& RM N WW TOM Nsn N y tBr.~SG~ H Bl. kdae n on fr _ d.r d B e A ft . Ra hnww;w~y~ ttr did "0 t M'ryF rimrn ro the raretekyF rnarr, trlfY~ YRt11ft~at ( RtIWYtw n.rd t wtwm 1 em p.na.,ty acgmbard, whq h n ~faBy~tWM~. flaw Vwk t wom. A,d depre .nd ar IMN he n.Yu t F 4t 1M C. CorporB4lrm that he Mown CI ft and 1Y, •~Moattwtln ded be rMtlrha~dMll I Mal dafaYhw7 mal to and affixed druritnl in and who raerrrr 6e Ylpngtwl~,'.. MY; fa h war m Nut k, aid mulner" 1 ease , or the sae; ?n1 "A. the Y~~B,eMMt ! ~y wl~tA limit wl lBIxNyNh of am vrp,..- r.nmr the same; tIW y11 ~y~ j MM It by W ado. at the uma tin nierkN t III, F r I ~ tt{~ I t a~K "MNo s III+,~r~~~ t~ h.kMaB~ IY+j,+sr ItF'AL' TA Joe lams, *it li" 0, j'' a ~j, In ,LSrEI~ rA1C I' SUFFOLK R' I MA Osk Beth UUN AMww ar,Vnsl A h vcrror+ I r 1#! aaU ROI!! Caf1t01111TI111NN 1.01 Ito )DMM f]n Tarr o[ agyMICA I I' of al intl:rae WRi4C. county m,am ad I II r . cuMhoo nfu daMhMtEf EB1oM4 , i NMlir~lw~r warn y Wl a t tiFlr'.1MMallwalti I''' Rudolph R. Brutert seq. Ia`.E tt~ 6bom A BRUBR I + 4 ~~lM~~ ~F Main Pond r+~ ?MaMMfly' Southold, New Yotk 11971 x p t ,1 . 11hnCr trot ~a' t ~Olltd7YPN1YT 61 ul U : fell I; rn.r t4 + 1 Y - I ~ C ~ ,off e~ ~ WYERS ONLY sCONSULT YOUR LAWYER f RESIGNING THIS INSTRUMENT , THIS INSTR IRT SHOULD,It USED IT LA THIS INDENTURE, made the 12th day of -•Apt i 1 nineteen hundred and eighty-f ive BETWEEN LAUREL ANN SHAW, residing at 24 Ford Place, Murray Hill, New Jersey, 07974, sole dist:.ributee and heir-at-law of John IT. Schulte, as tenant in common, IS'P pxrtyofthefirst part, and PARADISE OF SOLTIH01,11, INC., Ia domestic corporation 1 '00 having its princ:ipal'gffice at (no Robinson Road, P. dx 724, S Cr. Southold, New York, 11971, FI 0 1 00 $:../D~...;. B :K 0 10 APR 161965 TRAfd70 TAX LO SUFF01_K 00 .000 party of the second part, COUNTY 0 .000 WITNESSETH, that the party of the first part, in consideration of - - - - - - - - 160 5 000 0 6 000 'Pen and no/100 (?10.00) - - - - - - - - - - - - - dollars, 24. 03 lawful money oftheUnited States, and other valuable consideration - - paid j,A by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, PARCEL I: ALL that certain plot, piece or parcel of land, situate, lying and AD4D being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as all that property owned by PARADISE POINT CORPORATION as shown on a certain'. 0 4~O map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761, including but not limited to the roads D / 00 shown thereon, boat basin, inlet) channel, canal and the dr,in lo- cated between lots numbered 12 and 13. BEING AND INTENDED that the above includes all the property owned in said subdivision by the party of the first part. 0 4/C PARCEL II: D /bo~ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay- view, near Southold, in the Town of Southold, County of Suffolk and /~~IlL0o3 State of New York, being more particularly bounded and described as Jd~7 follows: BEGINNING at a point on the most northerly extension of ~~qDO Robinson Road, as shown on a certain map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761, which point is the southeasterly corner of land now or formerly of Shaw; RUNNING THENCE along land now or formerly of Shaw, North 40. / 15' 20" East, 190 feet, more or less, to the ordinary high water (mark of Town Harbor (also known as Southold Bay); `THENCE along the ordinary high water mark of Town Harbor (Southold Bay) in a north- easterly direction 675 feet, more or less, to a point marking the juncture of Town Harbor (Southold Ray) and Peconic Bay, and as shown on a certain Minor Subdivision made for Paradise Point Corpo- ration, as surveyed and mapped by Roderick Van Tuyl, P. C., Sur- veyors, Greenport., New York, on September 12, 1980; RUNNING PHENCE southerly along the ordinary high water mark of Peconic Bay 750 feet-, more or less, to lands now or formerly of Curry, and as shown on the above described minor subdivision map; RUNNING THENCE along lands now or formerly of Curry, North 470 51' West, 150 feet, more or less, to a point marking the most northerly extension of the southerly side of Robinson Road; RUNNING THENCE along the most northerly ex- tension'of said Robinson Road in a northerly direction, 50 feet, more or less, to the point or place of HESS NNING. PARCEL TIT: ALL that certain plot, piece or parcel of land, situate, lying and If b q ryrypp IIBLK 9 771 t'AGE JOrj being at Bayview, near Southold, in Lhe Town of SouLhold, County of Suffolk and State of New York, being nurro par.tiCU.Iarly bounded and described as follows: HEGINNt.NG aL a point:, wtuc}r point is the northerly corner of Lot 12A as shown on a certain map entitled, "Minor Subdivision made for Paradise Point Corporation, Paradise Point, Southold, N. Y.," as surveyed and mapped by Roderick Van Tuyl, P. C., Surveyors, GieenporL, New York on September 12, 1980; RUNNING THENCE from said point. of beginning North 40 30' Gast, 610 feet, more or less, to the ordinary high water mark of Town Harbor (also known as Southold Bay); THENCE along the ordinary high water mark of 'Down Harbor. (Southold Hay) as it winds and turns, 75 feet, more or less, to a certain inlet and canal, as shown on a certain map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the Office of Lhe Clerk of Lhe County of Suffolk Orr April 11, 1963 as Map No. 3761; THENCE in a southeasterly direction along the inlet, known as Canal Basin on the above mentioned filed map and minor subdivision map, as it, winds and turns, Lo the northerly corner of LOL No. 1.1 as shown on said maps; TfIISNCE South 5.10 28' 20" West, 165.00 feet to Briar Lane; WHENCE southerly across the northerly side of Briar Lane South 14 56' 30" West, 62.24 feet; THENCE norLhwesL- erly along the northeesLerly side of Lot 12A as shown on the afore- mentioned minor subdivision map, North 380 31' 40" West, 100.00 feet to the point or place of BEGINNING. PARCEL IV: ALL that certain plot, pir,ce or parcel of land, situate, lying and being at Bayview, near SenLhold, in the 'flown of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: [IL-:GINNING at a point on the ordinary high water mark of Tuwn Harbor (also known as Southold Bay), which point is where the wesLerLy side of L)nd of Cturcuru inLerseeLs the said ordinary high waLur mark of Town Harbor (SuuLhuld Bay); RUNNING HENCE alunc; Lord uuw or foimolly of Curcuru the following two courses and disLanix!:;: (1) SuuLh 15' 20" Wes L, 180 feel mor.-e or less, to i point; (2) SouLli 74r 24' 20" East 40 feet, more or less, to a point, which point marks the westerly exLensiun of Hasi.n Road, as shown on a certain map eriLitled, "Map of Section One, Paradise Point at Bayv:i(xw," and filed in Ll:e Office of the Cl.erlc of the County of Suffolk on April 11, 1963 as Map No. 3761; THENCE southerly across Basin Road South 300 08' 40" West, 51.65 feet to the northwesterly corner of Lot No. 5, as shown on the aforesaid filed map; RUNNING TIIIiNCE southerly along the westerly side of Lot No. 5, on the aforesaid f_i-led map, 30 feet-, more or less, to a point where said LoL No. 5 meats Carnal Basin, as shown on the afore- said filed map; RUNNING THENCE' along the northerly side of the Canal Basin, as shown on Lhe aforesaid filed map, as it wands and turns, 575 feet, more or less, it) a westerly and northerly direction to the ordinary high water mark of Town harbor (Southold Bay); RUNNING THENCE along the ordinary IiAgli water mark of Town Harbor (Southold Bay) in an easterly direction, 325 feet, more or less, to land now or formerly of Curcuru and Lhm! point or place of BEGINNING. TOGEPlIEN WITH all the r:i-ghL Li.Lle and i.nLeresL of the party (AE the first part in and Lo lands lying under the high water mark of Town Harbor (Southold nay), :including any and all jetties protruding into said 'Town Harbor (Southold tidy) . HEING AND IN'T'ENDED TO ItE the majority of the premises conveyed to the party of the f:i.rsl. part by deed dated October 29, 1981 and re- corded in the Office of Elie Clerk of the County of Suffolk on October 29, 1981 :in Liter 9093 page 01, and BEING AND INTENDED TO BE all that properly owned by L.he party of the first part at Para- dise PoinL, at Bayview, near Southold, 't'own of Southold, County of Suffolk and State of Now York. iintti J'7"1 . E 386 being a-t Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: IIEGINNLNG at a point, which point is the northerly corner of Lot 12A as shown on a certain map entitled, "Minor Subdivision made for Paradise Point Corporation, Paradise Point, Southold, N. Y.," as surveyed and mapped by Roderick Van 'Puyl., P. C., Surveyors, GreenporL, New York on September 12, 1980; RUNNING THENCE from said point. of beginning North 40 30' Last, 61.0 a feet-, more or less, to the ordinary high water mark of Town harbor (also known as Southold Bay); THENCE along the ordinary high water nark of 'town Harbor (Southold Bay) as it winds and turns, 75 feel, more or less, to a certain inlet and canal, as shown on a certain map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761; THENCE in a southeasterly direction along the inlet, known as Canal Basin on the above mentioned filed map and minor subdivision map, as it winds and turns, to the northerly corner of Lot No. 11 as shown on said maps; THENCE SouL•h 510 28' 20" West, 165.00 feet to Briar Lane; THENCE southerly across the northerly side of Briar Lane South 140 56' 30" West, 62.21 feet; THENCE northwest- erly along the northeasterly side of Lot 12A as shown on the afore- mentioned minor subdivision map, North 380 31' 40" West, 100.00 feet to the point or place of BEGINNING. PARCEL IV: ALL that certain ploL, piece or parcel of land, situate, lying and being at Bayvi.ew, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as folLows: BEGINNING at a point- on the ordinary high water mark of Tow" Ho hoF (also known as Southold Bay), which point is where Lht~ westerly side of land of curcuru inLerser_Ls the said ordinary high w._tt„r murk frf 'l'oran Barl,ut: (Southold Bay); RUNNING THI-:NCF along land HOW Or formerly of Curcuru the following two courses and dislaunc:..: (1) South 40 20" West, ]BO feet, more or less, to " point.; (2) South 740 24' 20" bast 40 feet, more or .Less, to a point, which point marks the westerly extension of Basin Road, as shown on a certain map entitled, "Map of Section One, Paradise Point aL ltayvir", and filed in Lire Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761; THENCE southerly across Basin Rood South 30 08' 10 West, 51.65 feet to Lhe northwesterly corner of Lot No. 5, as shown on the aforesaid filed map; RUNNING THENCE southerly along the westerly side of Lot No. 5, on the aforesaid filed map, 30 feel, more or less, to a point where said Lot No. 5 meets Canal Basin, as shown on the afore- said filed trap; RUNNING THENCE along the northerly We of the Canal_ Basin, as shown on the aroresaaid filed trap, as it wands and turns, 575 feet, more or less, in a westerly and northerly direction to the ordinary high water- mark of 'Down Harbor. (Southold Bay); RUNNING THENCE along the ordinary high water Mark of Town Harbor (Southold Bay) in an easterly direction, 325 feet, more or less, to land now or formerly of Cur.curu and the point or place of BEGINNING. TOC;E'PB14R WITH all the r-:iyht I:..i.l_le and interest of Lire party of the first part in and Lo lands lying under Lhu high wafer marls of 'Down Harbor (Southold Bay), .innluding any and all jetties protruding KILO said 'Down Harbor (Southold Bay). BEING AND INTENDED TO HE the majority of the premises conveyed Lo the party of the first. pArL by deed dated October 29, 1981 and re- corded in the Office ul the Cleric of Lhu County of Suffolk on October 29, 1981 in Lifer 9093 page 01, and BEING AND INTENDED TO BE all that property owned by Lhe party of Lhe first part at Para- dise Point, at Bayview, "eau- Southold, 'Down of Southold, County of Suffolk and Slate of New York. LIBB 9'771 E 38 7 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, i TO HAVE AND TO HOLD the premises herein granted onto the party of the second part, the heirs or successors and assigns of the party of the second part forever. i era ~~.AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the clay and year first above written. IN PRESENCE OF: . C/ : aU P Ahn Shaw X) STATE OF NEWAYOT'iK, COUNTY OF .iATE OF NEW YO;dt. COUNTY 00 LS: J On the 12th day of April, 19 8' before me On the day of 9 ~ r02 me personally came LAUREL ANN SHAW personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. executed the same. YJ Notary Public WILLIAM L. IIYNDMAN N9IARY PUBLIC Of NEW A4SLY t1y Commission Expires Aug. 13, 1989 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. i9ttrquin anb Oule Bred WITH COVENANT AGAINST GRANTORS ACPS SECTION 081.00 TITLE NO. BLOCK 01.00 p LAUREL ANN SHAW, distributee LOT 016.000, 0/4.015.000 and heir-at-law of John It. 1CQXIIXXYQtTOWN 1000 SchutLe, as tenant in common, - TO - Racordcd at Rcyueat of PARADISE OF SOUTHOLD, INC. CHICAGO TITLE INSURANCE COMPANY STANRlUUI FORM OF NEW YORK OORRO OF TITLE ONOEMITERS Return by Mail to Distributed by PARADISE OF SOU'P1101,D, INC. CHICAGO TITLE P. O. 130X 729 IPTINIUNNANICIE COMPANY SOUT11011d), NEW YORK Zip No. 11971 U LL LL O Z K UU W K LL xi~inoo x Io~Ins d~ ~Iltaio S$E w~ ~T 01 ~I ddV N_ f ` I ~ le+oal ILK a.prr gAr i0..5 NJ04[00 l ~-t, rs a SOUTNOLO ,n•"~~ f tI s SEE 9EO.N0.133 p. Y A.3 A(d w r, 'm ~ ~ YPd 'F.D. 28 It Is Nt i O ~ 10 3 «w. 3 uto 6 ' ! 3 ei". 1 .P I It 1e.1 I3.e 13.5 PJA 2.°A 2.3A e t a ~ Y3Na1 ! 1 •t • A LIAI<I is r N6 °e 10 (e) ROBINSp N LeeApl 1 r P4 o- 11 k •n A4AN1 SEE SEC- NO. 133 13.4 za A(el le.s I `t 2.9A(C) L ' C . 13 ; E.oAld i. SA . 21.1 0•c( ' 27.2 3 H.3 s.3Ale) ssslel O L 4 ~ r t V 14 I4- u•• O _ 9A 9.lA J ~ i ~~gUFFO(~-~O 4LLIANNING BOARD MEMBERS =yam Gyp Richard G. Ward, Chairman co i Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer Chairman, Zoning Board of Appeals FROM: Richard G. Ward fI Chairman, Planning Board DATE: June 30, 1995 RE: ZBA memorandum dated June 23, 1995 Paradise Point Subdivision Projects SCTM# 1000-81-1-16.8 Please find the following in response to your June 23, 1995 memorandum (the numbers correspond to the paragraphs in your memo): 1. 1 have enclosed a copy of the Planning Board's resolution dated June 4, 1981, and the May 11, 1995 map which is referenced in the resolution. 2. The Planning Board's file does not contain a subdivision/ survey map similar to that attached to your memorandum. 3. As noted in prior correspondence, the Planning Board, up until approximately five years ago, did not require the recording of set-offs in the Suffolk County Clerk's Office. The Board of Assessors usually notified the County Real Property office of Planning Board approvals. Since the Paradise set-off was not endorsed by the Planning Board, it is assumed that this procedure did not occur. In addition, the Planning Board records do not show that the Paradise Point Corporation filed the set-off in the County Clerk's Office after it was approved by the Planning Board. Therefore, since the set-off was neither recorded by the applicant nor the Town, the set-off is not reflected on the 1985 County Map which is attached to your memorandum. The Planning Board does not have the enforcement authority at this time to retroactively require that the 1981 set-off be recorded in the County Clerk's Office. enc. y' e F -or a S S {hru f7- ' - - ~ _ ~ elub-6ocae A~ . O M- ' r O 'l.. N~ .~r 1 r ao _ E~~'~1 _/~/~:e^~ b Gurc~4" _ zl ~ •,/Z, ~ GU - 1.17 Ac. 2 ~ 90 ar a C4 ~ G S r,y / h C+u, rs) l z s 1 'ter t y ',11 Ito aW Jam` / I ~t~sr/ s L./7A -d"'rr5~ 15. - ~ ~ Ste- Cour or Gorc e. s: ioOJ-~B:-, ~ - ~0, y, 'S r, / FC`R.. / / ~ ` CGa oU/3 -:,oN Suter yfS CJ. • ~ of r.l.i 6:/rw /rU II3' P / r A/C i01- !-U De r//'.ifr 6•JGCi /rcca_ ~O QUO h Lo^G: •1'er,'LS:.%Y.5 EroC O/i0= 9GLrUX"c'J'~G J L~ PTO 3 I •.9!E/ vL F'.tl a%RG ai ~OC:.i I- : L S 3I,..•l• Ca l bocr_ f'o vE a^ lev _ ?rErr/.tc> arc rr.' Zc/rc F.. / Feb. t~~ 'f~ .w¢muwmx a.mnw•i h: .~.~c l:. _ far ~ 1-1 -T ` P A~D TO SU Q Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman TELEPHONE 765-1938 JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. June 4, 1981 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held June 1, 1981. APPROVAL to set off as indicated on subject of Paradise Point Corporation, lots titled Club House 2.75 acres and an unnumbered lot on Southold Bay 1.7 acres directly east of the inlet basin. Also an amendment to the resolution to include lot 17 as shown on map of May 11, 1981. This approval is subject to a one year review. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary APPEALS BOARD MEMBERS ~o~~gUFFO(,~co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman ox It 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a 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, JUNE 7, 1995, commencing at the times pecified below: 1. 7:30 p.m. Appl. No. 4310 - DONALD AI.DRICH. This is a request, based upon the April 13, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant is requesting a building permit for a deck addition "as built," disapproved on the following grounds: "insufficient rear yard setback," (ref. Article IIIA, Section 100-30A.3" of the Zoning Code). Property Location: 1620 Hiawathas Path, Southold, NY; Parcel ID No. 1000-78-3-43.2. 2. 7:35 p.m. Appl. No. 4312 - JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory' gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article 1II-A, Section 100-30A.4 "Accessory buildings, 100-33 Page 3 - Legal Notij Regular Meeting of June 7, 1995 Southold Town Board of Appeals 5. 7:55 p.m. Appl. No. 4315 - JOAN AND STEPHEN LATHAM. This application is based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a variance to amend building permit #22491Z issued April 17, 1995 for the modified location of a new single-family dwelling, as built,yacid shown on survey updated May 12, 1995, which has a reduced front yard setback and reduced southerly side yard setback on this corner lot. Property Location: 60 Rogers Road and Orchard Road, also shown as Lots 2 & 3 as combined on the Map of Beixedon Estates, Southold, NY; County ID No. 1000-66-2-18 & 19 (total lot area containing approx. 17,000 sq. ft.). 6. 8:00 p.m. Appl. No. 4314 - JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: 111. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. APPEALS BOARD MEMBERS ~gUFF04 Southold Town Hall Gerard P. Goehringer, Chairman c y` 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. l O- Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4314. Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), ref. Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; db Page 2 - Appl. No. Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval, upon which this variance application is based, is dated March 29, 1995. On March 10, 1995 the Building Inspector received a building permit application to construct a single-family dwelling with decks, accessory swimmingpool, and retaining the use of the existing boat basin (private marina) use for lot owners in the Paradise Point Association, Inc. The marina is "as built" with docks, bulkheads, parking areas, an existing improved access extension; easements for access to the jetty by lot owners and others using the private marina, as well as open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS. The grounds for disapproval are as follows: 1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required to building single-family dwelling as a second use on this 1.79-acre parcel. R-80 zone requires 80,000 square feet per use. Article III, Section 100-30A. 3. Approval is required under ARticle XXIII, Section 100-239.4-B for location of dwelling with decks at less than 75 feet from the existing bulkhead. (Note: Paragraph numbers 4 and 5 relate to other department approval requirements).... 3. PROPERTY DATA. The premises in question is located along Basin Road at Paradise Point identified on the County Tax Maps as District 1000, Section 81, Block 1, Lot 16.7 containing a total area of 1.79 acres (inclusive of low wetland area and inclusive of a strip of land referred to as a "jetty" - whose ownership has not be ascertained through title insurance or through search of deeds). After removal of the jetty upland area from the total area of this property, the lot area is 74,595+- square feet. The areas subject to flooding and unusuable for parking and residential-type uses appears to be 5,000+- sq. ft., leaving a total upland area of approximately 70,000 sq. ft. for two uses: (a) the existing private marina use and (b) a proposed single-family residential dwelling with accessory uses. Contiguous to the east is Basin Road, which is .4 & Page 3 - Appl. No. 404S Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 shown on the map of Paradise Point to extend beyond, onto the subject property. Upon information received, no formal amendments to the 1963 Subdivision Map of Paradise Point were filed with the Suffolk County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant herein is contract vendee for the purchase of the subject property with proposals to alter the present improvements (base of road extending from Basin Road to the westerly waterway section), for construction of a new dwelling and accessory -swimmingpool. 5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is shown to be 76'4" at its longest side (along the east measurement) and 76 feet wide at its point closest to the bulkhead along Southold Bay (Town Harbor). The setback of the house was originally proposed at 51 feet at its westerly corner point, and during the August 9, 1995 hearing, applicants offered an alternative setback increase from 51 feet to 60 feet at its closest points, and increase from 58 feet at its easterly corner to 65 feet. The setback shown from the easterly neighbor is 60 feet, and the setback from other deeded lot lines was shown at 75 feet or more. The amount of actual house area which is rquested under the variance is approximately 1175 square feet (ground area). The reduction by the requested variance is 15 feet and 10 feet, respectively, which is 20% and 14%, respectively, less than the code requirement of 75 feet. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots improved with single-family residences in a residential community with waterfront accessibility. The neighbors also have used the southerly portion of this property as a private marina for private boating purposes. To the south is approximately 80,0000 sq. ft. of land, mostly underwater, which together with the canal or inlet, is understood to be owned and privately used by Paradise Point Association, Inc. and its lot owners. Directly to the east fronting along Basin Road are two subdivision lots improved for residential use. 7. PRIOR APPEALS. The subject property has not been the subject of prior appeal applications. There are records which were reviewed pertaining to a May 11, 1981 map for a minor subdivision - apparently reviewed and acted upon by the Town Planning Board for approval. That minor subdivision map is different in some respects to the 1963 filed Major Subdivision map of Paradise Point pertaining to the Extension of Basin Road and possible turnaround area, however, a formal map filing for the amendments were not found through the County Clerk's records. The maps arc unclear as to whether the existing access used as an Extension of Basin Road, and by lot owners and their families, was to be intentionally abandoned. The map also shows the jetty to be separate from the subject Page 4 - Appl. No. Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina. use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses or for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page 5 - Appl. No. Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. GERARD P. GOEITRINGER, CHAIR i V RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATEE)-a31'1.5 HOUR rj Town Clerk, Town of Southold Standard N.Y.B.T.U. Form 11007-IOM Bargain and Sale Deed. with C vmant against Grantor'. Acts-Individual or C "ration. CONSULT YOUR LAWYER E' SIGNING THIS INSTRUMENT -THIS INSTR SHOULD EE USED BY LAWYERS ONLY islk 9771 eAb5T_ , THIS INDENTURE, made the 12th day of -April nineteen hundred and eighty--f i ve BETWEEN LAUREL ANN SHAW, residing at 24 Ford Place, Murray Hill, New Jersey, 07974, sole distributee and heir-at-law of John H. Schutte, as tenant in common, IST party of the first part, and PARADISE OF SOUTHOLD, INC., a domestic corporation 1 00 having its rind al'office at g p p (no Robinson Road, P. ox 724, S C.. Southold, New York, 11971, R_ EI EH 0 1 00 $ 30841 R~"I 7`\TL B 0 APR 661985 of o TRAN~~[R TAX Lo SUFFOLK 00 .000 party of the second part, COUNTY 0 .000 WITNESSETH, that the party of the first part, in consideration of - - - - - - - kO 5 000 0 6 000 Ten and no/100 ($10.00) - - - - - - - - - - - - - dollars, 24. 03 IawfulmoneyoftheUnited States, and other valuable consideration - - paid 7 the party of the second part, does hereby grant and release unto the art of the second art, the heirs or successors and assigns of the party of the second part forever, .r PARCEL I: - ALL that certain plot, piece or parcel of land, situate, lying and ~D©D being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as all that property owned by PARADISE POINT CORPORATION as shown on a certain D 4~O O map entitled, "Map of Section One, Paradise Point at Bayview," and O filed in the office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761, including but not limited to the roads © / © Q shown thereon, boat basin, inlet, channel, canal and the drain lo- cated between lots numbered 12 and 13. BEING AND INTENDED that the above includes all the property owned 6 Am~ in said subdivision by the party of the first part. PARCEL II: ALL that certain plot, piece or parcel of land, with the buildings J v and improvements thereon erected, situate, lying and being at Bay- view, near Southold, in the Town of Southold, County of Suffolk and oQ 3 State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the most northerly extension of Robinson Road, as shown on a certain map entitled, "Map of Section a One, Paradise Point at Bayview,ar and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761, which point is the southeasterly corner of land now or formerly of Shaw; RUNNING THENCE along land now or formerly of Shaw, North 40 15' 20" East, 190 feet, more or less, to the ordinary high water mark of Town,Harbor (also known as Southold Bay); THENCE along the ordinary high water mark of Town Harbor (Southold Bay) in a north- easterly direction 675 feet, more or less, to a point marking the juncture of Town Harbor (Southold Bay) and Peconic Bay, and as shown on a certain Minor Subdivision made for Paradise Point Corpo- ration, as surveyed and mapped by Roderick Van Tuyl, P. C., Sur- veyors, Greenport, New York, on September 12, 1980; RUNNING 1'HF,NCF southerly along the ordinary high water mark of Peconic Bay 750 feet, more or less, to lands now or formerly of Curry, and as shown on the above described minor subdivision map; RUNNING THENCE along lands now or formerly of Curry, North 47 51, West, 150 feet,.more or less, It to a point marking the most northerly extension of the southerly side of Robinson Road; RUNNING THENCE along the most northerly ex- tension of said Robinson Road in a northerly direction, 50 feet, more or less, to the point or place of BEGINNING. PARCEL TIT: ALI, that certain plot, piece or parcel of land, situate, lying and I Bath 9'771 eAeE 386 being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point, which point is the northerly corner of Lot 12A as shown on a certain map entitled, "Minor Subdivision made for Paradise Point Corporation, Paradise Point, Southold, N. Y.," as surveyed and mapped by Roderick Van Tuyl, P. C., Surveyors, Greenport, New York on September 12, 1980; RUNNING THENCE from said point of beginning North 40 30' East, 610 feet, more or less, to the ordinary high water mark of Town Harbor (also known as Southold Bay); THENCE along the ordinary high water mark of Town Harbor (Southold Bay) as it winds and turns, 75 feet, more or less, to a certain inlet and canal, as shown on a certain map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761; THENCE in a southeasterly direction along the inlet, known as Canal Basin on the above mentioned filed map and minor subdivision map, as it winds and turns, to the northerly corner of Lot No. 11 as shown on said maps; THENCE South 51° 28' 20" West, 165.00 feet to Briar L8ne; THENCE southerly across the northerly side of Briar Lane South 14 56' 30" West, 62.24 feet; THENCE northwest- erly along the northeasterly side of Lot 12A as shown on the afore- mentioned minor subdivision map, North 380 31' 40" West, 100.00 feet to the point or place of BEGINNING. PARCEL IV: ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Town Harbor (also known as Southold Bay), which point is where the westerly side of land of Curcuru intersects the said ordinary high water mark of Town Harbor (Southold Bay); RUNNING THENCE along land now or formerly of Curcuru.the following two courses and distances: (1) South A0 15' 20" West, 180 feet, more or less, to a point; (2) South 74 24' 20" East 40 feet, more or less, to a point, which point marks the westerly extension of Basin Road, as shown on a certain map entitled, "Map of Section One, Paradise Point at Bayview," and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761; THENCE southerly across Basin Road South 300 08' 40" West, 51.65 feet to the northwesterly corner of Lot No. 5, as shown on the aforesaid filed map; RUNNING THENCE southerly along the westerly side of Lot No. 5, on the aforesaid filed map, 30 feet, more or less, to a point where said Lot No. 5 meets Canal Basin, as shown on the afore- said filed map; RUNNING THENCE along the northerly side of the Canal Basin, as shown on the aforesaid filed map, as it winds and turns, 575 feet, more or less, in a westerly and northerly direction to the ordinary high water mark of 'Gown Harbor (Southold Bay); RUNNING THENCE along the ordinary high water mark of Town Harbor (Southold Bay) in an easterly direction, 325 feet, more or less, to land now or formerly of Curcuru and the point or place of BEGINNING. TOGETHER WITH all the right title and interest of the party of the first part in and to lands lying under the high water mark of Town Harbor (Southold Bay), including any and all jetties protruding into said Town Harbor (Southold Bay). BEING AND INTENDED TO BE the majority of the premises conveyed to the party of the first part by deed dated October 29, 1981 and re- corded in the Office of the Clerk of the County of Suffolk on October 29, 1981 in Liber 9093 page 01, and BEING AND INTENDED TO BE all that property owned by the party of the first part at Para- dise Point, at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York. L,B,LR9'771 J3,87 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. r err. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: „ aurel Ann Shaw I i a` - Jersey STATE OF NEW>VOVA COUNTY OF U n/ ~ o N SS: STATE OF NEW YORK, COUNTY OF SS: On the 12th day of April, 19 85, before me On the day of 19 before me ti personally came LAUREL ANN SHAW personally came T` { - to me known to be the individual described in and who to me known to be the individual described in and who Cr.) executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that y she executed the same. executed the same. n Notary Public WILLIAM L. HYNDMAN WAkY PUBLIC OF NEW JERSEY " • 14y Commission Expires Aug. 13, 1989 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. i9ttrgain nub 0nlr Bub WITH COVENANT AGAINST GRANTOR'S Acts SECTION 081.00 TITLE NO. BLOCK 01.00 LAUREL ANN SHAW, distributee LOT 014.000, pp/o 015.000 and heir-at-law of John H, 016.000, 024.003 Schutte, as tenant in common, )CKn19XY.= T0VVN 1000 - TO Recorded at Requmt of PARADISE OF SOUTHOLD, INC. CHICAGO TITLE INSURANCE COMPANY STANBUD FORM OF NEW YORE NUB OF TITLE BNIUMRITERS Return by Mail to Distributed by PARADISE OF SOUi'HOLD, INC. CHICANO WEIMIC ENSilRANCE COMPANY P. 0. BOX 724 SOUTHOLD, NEW YORK Zip No. 11971 W O LL 0 Z_ 0 0 O W K 0 xiKnoo xiu~~ns ~n >Itia~o o Vll3SNlk' 311nr S8? NV St 0; 91 adV 1~ N N_ ~ yl r1 N W f , APPEALS BOARD MEMBERS ~SOFFO(,) C`~ Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. u+ x P.O. Box 1179 James Dinizio, Jr. WO Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEIsI'LNC WEDNESDAY, AUGUST 9, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 9, 1995 commencing at 7:30 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Torture, Member Linda Kowalski, Board Assistant and Secretary s s s The Chairman called the meeting to order at 7:30 p.m. and proceeded with the public hearings, noted below: 1. PUBLIC HEARINGS HELD: 7:33 p.m. Appl. No. 4319 - YOSHIMASA OSATO- (Carryover from July 12, 1995). Proposed addition with reduced front front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. 7:36 p.m. Appl. No. 4324 - RICHARD MAUTNER. Variance under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant proposes to construct deck addition at the rear of existing dwelling which will have an insufficient side yard setback or insufficient setback from bulkhead. The subject property is nonconforming having a lot area of 16,875 sq. ft. and a lot width of 50 feet. Location: 2055 Bay Shore Road, also referred to as Lot 34 on the Map of Peconic Bay Estates, Greenport; Parcel ID #1000-53-4-12. 7:48 p.m. Appl. No. 4325 - THOMAS McCARTHY. Variance under Article IIIA, Section 100-30A.3, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant is requesting permission to Page 7 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals In the next hage, a Postponement has been requested by the applicant until 9/13 since engineer was not available for 8/9.: 7:45 p.m. Appl. No. 4317 - Edwin and Donald Tonyes: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. Chairman: Gentlemen, I need a motion postponing or continuing postponement of Edwin and Donald Tonyes, and Ladies I should say excuse me, second all in favor say aye. 7:50 p.m. Appeal No. 4314 - James and Barbara Miller, Contract Vendees. (Owners /Sellers: Paradise of Southold, Inc. and others). Continuation of hearing carried over from June 7, 1995 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, <paradise Point Section One, Filed Map 3761-4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "l. This parcel of 1.79 acres is not shown on the Map of ( Paradise Point, Section One, as a building lot: Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft of land area (or 160,000 sq.ft.), Article 111, Section 100-30A. 3. Approval is required from Board of Appeals under Article xx111, Section 100-239.4B for location of dwelling with decks at less than 75 feet from existing bulkhead... Chairman: We go over to the Miller application or contract vendees, Paradise Point. How are you tonight? Annette Eaderesto: Good evening Mr. Chairman and the Members of the board. Annette Eaderesto for the applicant. This application as the board knows, was held for additional information and I believe it was supplied to the board. And also during the adjournment we had various meeting with the Association and some of the people that came in opposition to the application, to see if we could resolve the matter that way. I don't think we have been too successful but I'll give you a brief rundown. First I'd like to address some of the matters the board requested in their last letter. I've giving the board a new printout of the parcel, and one of the concerns was, in our original hearing we asked for 51 foot setback from the bulkhead. - What we have done is, we relocated the proposed resident and removed the deck to create a greater setback from the bulkhead. Page 8 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals Now what we have is a 65 foot setback to the house itself and a 63 and a 60 foot setback to the deck. The board also asked us to show some other setbacks in the area. On the surveys presented you can see the adjoining house has a 58 foot setback. But I've also pictures is sometimes is worth a thousand words. We have an area here that shows the area of the point and the other houses in that area that are, the board can see this, this is the subject premises and this is the turnaround area which we will speak of in a little while. This is where the post houses, this house is 58 foot back from the bulkhead, this is even closer. And if you look around this side you can see the houses, this is also bulk headed or closer to what we requested. Which is now as I said 65 foot back from the structure, 60 back to the deck, and 63 back to the deck. Chairman: Maybe I could ask you to put this down here and we will take a little.. I don't know if there is anyone down there, hard enough to see. Can we give them a couple of files. Why don't you take these two files. We will take a little recess so everybody can look at it later. Annette Eaderesto: Thank you. Chairman: Thank you. Annette Eaderesto: So in this way, the applicants tried to move the house back to address the board's concerns with the setback variance. The board also requested that the land should be shown on the survey between the easement area, which is used for the boat basin purposes and what we'll call the building envelope area. The survey presented shows that, if we carve out the easement area which is shown as parcel B and we're also not counting that pier area that was filled land that no one has title to. Then we have a parcel A, is the building area parcel on the survey shown. That becomes 53,300 square feet and if we were ever to deed off this parcel, which the applicant has no objection too if the board would look favorably at this application. If we do this, the delineation of two separate parcels, instead of the 1.7 acre area, we have a 1.33. acre area left in the building parcel area. Finally the board indicated that we try to meet an hash out some problems with the association and some of the people that came to voice objections at the last hearing. And we did try to do that. I did meet with there attorney and I think the association met. But we weren't too successful in addressing or satisfying what they requested. What the board has before them, is our last proposal which was for a turning area and a parking area in the easterly end of the property. It's basically what they use for the parking area now, although the turning area now, as you can see from arealsis much further to the west of the property. This proposal was not acceptable to the people who came in opposition to this application. We believe that this proposal did address some of there concerns regarding access of emergency vehicles, access of utility of vehicles and the ability to turn around. This area would Page 9 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals t have all been improved with a stone blend as the board can see from the survey provided. It would have been a permanent surface and it would have been a well maintained surface. It also provided parking area for the boat basin use. The application as amended, I believe addresses all the concerns of the board and the residence while still allowing a proper building area for a lot and this particular lot, especially. To allow the use of the existing turnaround in this lot would basically here make this lot effectively prohibit the development of a house here, because it would cut off the entire westerly side of this property. We already have some practical difficulty with this lot because we have a DC problems that we will have to address if we go further here with setbacks from the boat basin area. As you see, there has been allot of erosion on the survey in that area, and we are going to have further variances as you can see that we just found out about. So, at this point if the board has any questions I'd be happy to try to answer them. Chairman: Bob. Board Member Villa: I'm just waiting here as we go along. Chairman: O K. Jim Board Member Dinizio: Did you say you're going. to deed this variance? Annette Eaderesto: That was one of the requests at one of the various meetings. If this application was successful and as we show here, we were no problem with doing a separate deed. Chairman: Lydia. Board Member Tortora: What did she say, that the size is approximately. Annette Eaderesto: 53,300 square feet and 1.33 acres. Board Member Villa: That's parcel A. Annette Eaderesto: Yes, parcel A. The building area. I'm sorry. Did you ask me for the area of the building area or. Board Member Tortora: The building area is 1.3, I've got that one. Parcel B Annette Eaderesto: Parcel B would be the remainder which was 1.79 so that would come out to .46. i Chairman: Serge. ' Board Member Serge: No Page 10 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals Chairman: O K Board Member Villa: I do have a question. I think at the last time I asked if the applicant would consider scaling down the size of the house. Because the house here is about 76 by 76. Annette Eaderesto: All right. It's a one story house though. It looks, the foot print looks large. We're only even with the reduced lot area if you just count the 53,000 square feet. With the square footage here, we're only still using 10$ of this lot for building area. And we would really, I mean devoted, the plans are here that were requested We devoted allot of time to the plans and how this would sit on this piece of property. We really tried to keep this, if we can to this size house. But we did address your concern about the setback by turning the house. Chairman: I guess that leaves me to ask you a question? I don't know if we brought the question of easements up before. Have you run a title and search on this? Annette Eaderesto: Yes, we presented the title report with the easements on it the last hearing. There is a deeded easement area. Chairman: Good, go ahead. Annette Eaderesto: That is a little bit different then what we have here because we gave some extra area because it eroded. Also, the 10 foot, where we would like to put our well, that is also included in the easement area of Basin Road, which if we could deed it separately, we would like to keep that 10 foot. Basically, the easement does follow the parcel B area and it is a easement. Chairman: I appreciate you restating that O K, but I was referring to mainly the building area itself. Did the title report pick up any easements within that particular area. Annette Eaderesto: No, did not. Chairman: Is there any future ideas you may have in reference to what you may be doing with the Association or with the Corporation as it exists so that if the Association or the Corporation gets any closer in reference to any types of unananimoty. Annette Eaderesto: At this point, we've tried to. There are two fractions from the Association that I'm sure you will probably hear from tonight and they seem, right now that they are pretty far apart. We're not really part of the Association so we're kind of in a strange position in that way. We've tried to deal with.I've met with Mr. Cuddy who represents some of the opposition in the Association. And we've met with a representative of the Association, Page 11 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals 1 three Attorney's met to try to work something out, but we weren't successful. Chairman: O K I just have one other request tonight which is not a terribly costly one. It will continue. We would like to seen more unitimityconceivably. I mean, It's a very unique piece of property. I'm sure you are going to continue with. If you're not going to, let us know, that's the situation. All right, O K thank you. Mr. Miller, is there anything you would like to add at this time? Mr. Miller: No, not at this time. Chairman: Thank You. Is there anyone else that would like to speak in favor of this application? O K Anybody that would like to speak against the application or constructive comments. How are you Mr. Charles Cuddy? I would try to have constructive comments if I may., if I could take a choice. I'm Charles Cuddy and I represent Mr. & Mrs. Cureuru who have property immediately to the east of the subject parcel. I also represent Mr. & Mrs Berry whose property is approximately 250 feet south of the subject parcel. And there are other people who have joined with them but in particular I represent the Cureuru & the Berry's. Neither of those people or any other people I representing oppose land use and it's opposed residential use of the land. But that involves certain considerations and one of the considerations is the right of others to or over the parcel of land we are talking about. I would like to address the considerations that the board has set forth in it's notice tonight. You have three considerations. The first one is that the parcel at 179 Acres is not shown on the Map on Paradise Point building line. I would like to together with the third one, which is approval prior with the board of Appeal for location of the dwelling with decks of less than 75 feet. Those two are basically are area type considerations and I think it brings us to 267 B Town Law. 267 B of course, is a criteria for granting variance. I'll just quote from two sections so I can get into the concerns of my clients. One of those sections says, whether an undesirable change will be produced in the character of the neighborhood or a determent to nearby properties, will be traded by granting of the area. Another one number four, it says whether a proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. One of the problems that we have and it relates right to those two considerations is the road. The road that is called Basin road extends directly from the area in front of Mr. Curcuru house and his neighbor across the street Mr. Maynard, right into this property. Initially, I don't believe it was shown on the maps. On some of the proposals that are presented to the board, it's not showing either. On the recent maps of the title May 31, and July 26 additional. It's absolutely fundamental this application consider that road. And I don't think that it can be ignored. I'm afraid that, that' sometimes happens with the way the application was presented. I would like to offer up and include as part of the i Page 12 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals evidence before you, the map of Paradise Point which is dated April 11, 1963. Can I hand that map over. Chairman: Certainly Mr. Charles Cuddy: Thank you Sir. The reason I give that map up is because it shows on there future extension of the road. Basically, the road that is paved which shows on the map Van Tyle, the latest two maps paved carefully through that property. That's virtually a unique map. I've gone over that with certain title company people. None of us, and the people I've gone over with, have been in the business over forth years have never seen a future extension road on a map. I think that has to mean something and they think that has to mean something too. What we think it means is that it was intended the time that was on there, that people could rely that there was going to be a road in that fashion at that site. The people that I represent that lived there for more than thirty years, they used that road as it is, over and over again. The road is half paved. It was paved by the Association. The remainder of the road is paved but it has a turnaround. That turnaround is indispensable to that part of the community because that how trucks get in and out. If you go down the roads, Basis Street and related roads in Paradise Point, they are narrow roads. It's very difficult to get in and out. In front of Mr. Cureuru house, the road actually bluffs. up or the property bluffs up and it's very difficult to turn. If the proposal before you is adopted, and this road is done away with. I'm not sure how you do away with a road that been there and has been used for 30 years, but that's the proposal. There is a real problem, and the problem is that Mr. Cureuru is absolutely going to be affected. and there is not question that he's an agreed partner. He lives next store, he's going to lose several things. I think if the road is put in place he's going to lose part of his driveway. I think he's going to have people come in and out of it of his driveway to turn around. I think that if the plan is adopted before you, he's going to lose some privacy because the proposal that has been giving to you suggests that there be parking along the south side of the road and also into the subject parcel. The only way you can do that I think, is cut down the trees. So he gets effected enormously by this as I think do other people on Paradise Point and they object to it on the grounds that it really, this proposal before you does not meet the criteria of 267B. I would also like to address the question that you raise in number 2 in your notice. Approval required by the Board of Appeals to build a single family dwelling as a second use. I don't know what that entails. The reason I say that is because I'm not sure that's an area variance. It's two uses on a single lot. If it's an area variance, it's an area variance of enormous magnitude because it's greater than one half. In fact, if you use a statistic that was given to you, they just have a third, they have 53,000 out of 160,000. square feet. So you're talking about two uses. A marina use which is there and I think that the board if it's not aware of it should know, that the marina used, is used by the Paradise Point • Page 13 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals Association and there are docks that are in that little inlet, that partly dredged area. And that people come down to those docks using these roads and this particular lot, the way it is. What we're proposing now is to put two uses on the same lot. I don't know how that can be done. I think if you grant the variance your granting one with enormous magnitude to them because it's less than fifty percent of the property. I think they have a real dilemma. Either you grant a variance of that size or else they have to go back and they have to deed that out, which is what they're suggesting. If they deed that out, they have a very different application. They essentially have an application that's a subdivision application because that lot was set off in 1981. So you can't go back and reset it off anymore. You got to go back and ask for a two lot subdivision. One of which would be 53,000 square feet and the other of which would be 27,000 square feet. You also would have to go through two area variances. You also would have to go through a Sequa study to get that. I simply don't know how that can be done. I don't know how the board can address properly that question- I think it's a big question. I think it's a hard question to deal with, zoning wise. I submit to you as the application is now presented to you, it cannot really go forward. Thank you. Chairman: Thank you Mr. Cuddy. Is there anyone else that would like to against the application. o K Councillor, is there anything you would like to say? Chairman: Against. Mr. Cureuru: Good evening Mr. Chairman. How are you? Board Members. A few months ago I was here asking for a time to do research and we've done some research in that time. Since then we have had a opportunity to contact several of members of the Association about what their concerns were, our concerns were with Lot 1 and the potential . The majority of the Association members have contributed funds to our study on independent basis. The board at that time did not see fit to grant us funds and that was not the problem because we preferred independence anyway, which we maintained. The majority of Association members and the study group of four members in term was formed to work with Mr. Cuddy and then work with the Attorney the buyer and the seller. We think it's been a fairly friendly so far. We have really experienced no, shall we say confrontation. It's been quite thoughtful. Our board concern, that most people that we contacted was that every member felt that the marina area should not be negative impacted by the sale of Lot 1. The reason being of course, the parking area, the walking path, the Basin and the Basin Road turnaround extension. If it did have an impact, it would have a negative impact on all the 23 owners of the community. As much as that cbarm that place is that particular unit area. The first thing we did' was try to talk about the Association objectives as we saw them, the majority. We want Page 14 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals continued of Basin Road. A turnaround at the end of Basis Road or aquilevant for servicing the vehicles. Plus also the dredging. We have used that road for over 32 years. We need parking space for increased numbers of cars, future boat basin docks, and access or vehicle access to east jetty and that is the point where we apparently meet some major differences. We recommend presently no changes to the docks, parking area as a turnaround. If we retain Basin Road as it has been for 32 years, there will be no cost to us presumably. There would be no need for increased parking area. The point is, once you clean out the leaves and so forth, you have 15 feet wide and you can get parking cars along there as well as getting vehicles going through. So it's been a very operational order. we've also asked that no landscaping in Association titled property except by the Association. There has also been interest by the buyer because he wants the Association easement to be landscaped and we appreciate that, we prefer to do that ourselves. We ask that no costs except property transfer costs be born by the Association, because there is no cost to the road now. Since we have been paving that way for years. Association funds have paid for the road. Chairman: If there was a transfer or a subdivision so to speak as Mr. Cuddy so nicely put it, and a portion of the property was deeded' out to the Association, you would have • to bear the responsibility of the tax level you would, wouldn't you. Mr. Cureuru: We understand that. That we consider an operational rather than a capitol cost. We recognize also, a special meeting of the Association will have to be conducted to approve any negotiations that would be agreed upon interms. That would have to come on after your deliberation. I would like at this time though, to call on an associate, Rich Berry whose had a distinguished career with Grumman. Helped us get to the moon, and he's been our engineering person, to try to come up with alternative road solutions that might solve the problem of Basis Road. So I would like to call him at this point. Chairman: Sure Mr Rick Berry: We carried out some studies on alternative solutions which I'd like to pass out. Chairman: We need a couple more. Thank you. How are you tonight Sir Mr. Rick Berry: Pretty good. How are you. We carried out these studies so that we could try to overcome the objections of the buyer or so we can meet our requirements on getting vehicle access to the turnaround and the jetties. In a nutshell, the green on Basin Road as it exists, what we have done is say. Let's look at an alternative where it's shown in blue, which conforms to the land layout in a 6 or Page 15 - Hearing Transcripts Regular Meeting of August 9, 1995 Southold Town Board of Appeals i 7 foot level so we don't run into the basin in trying to build up a road. It begins with the turnaround, which you can see and the buyer has rejected all these proposals. So that our alternative now is to go back and use Basin Road the way it exists as recommended by our Attorney. Chairman: Thank you, Sir. i Mr. James Miller: I have a summary of a Map that you were giving showing the future extension of Basin Road. That was meaningful to me because, my wife and I, when we purchased the lot #4. I have a chart here showing #4 that was indicated that this was the map showing the deed. We bought more property on 1969 from Mr. Garette Sr. who was then the developer of the property. Using this i" map, showing exactly the layout of the land of the road and where the other 75 feet that I purchased, we purchased to the left or west of lot 44. So we did purchase more land and he offered me 200 feet plus Mr. Maynard's property for $50,000.00, no lie in 1968 dollars. When we did buy 75 feet for obvious privacy and building a road. He advised me that I would not buy that if I were you, because there is no water on it. Of course, none of us knew that threereverse osmosis would be here. I talked to Bob Villa yesterday about that process. So we were presented this map. If anyone wants to have it, I have copies of it. He told me that above Basin Road extension, was residential and below marina use and we could not build any more houses there because there was no more room. I excepted that and we stayed at 75 feet. So I didn't want to mention that particular thing. Chairman: O K great. There is a request that I will have of the applicants before the end of the meeting that I have not had a chance to discuss with all the board members. It's a pragmatic approach and sometimes I work from that point. I don't want to enter into, I don't want them to enter into any more cost either you or them actually, unless we're going to go forward with this application. If we're at a complete stalemate and we're not going to go any further, then I can't see anyone bearing anymore cost, to be honest with you. O K, is there anyone else. 9:17 p.m. Hearing Appl. N. 4128 - Brewers Yacht Yard. Based upon the July 12, 1995 Board Resolution, a rehearing is held to re-consider the use applied for by Brewers Yacht Yard at Greenport, Inc. on September 2, 1992, under Article X11, Section 100-121B(1), Special Exception 44128, for "...food services to it's District, identified as Parcel No. 1000-43-3-2. Street address: 2530 ManhassetAvenue, Greenport, NY. Chairman: That file contained information which related and refers to a decision that was rendered on or about a time that I just mentioned. It's on a parcel of 9.6 acres on Manhasset Avenue, Al ALS v 4)nr n^ m MAP OF PROPERTY 0 PARADISE POINT SOUTHOLD, N.Y. Aogpsl2,1995 scAtE q 0' SO' lov m i TOWN i j BASIN \ ~ U t` O _ BASIN Q \ N~~ ~ ROAD 4 pft RIGHT ' ' \ \ r OF WAY \ IS f \ r PRoV D (12' X 169 _ PARKING \ \on ' I 'x/7/95 V s NM•Sq.S Nil A Y {~?1 N 704.200 S OUTHOLD r Neat i SEE SEC.N0. 133 6 d / iso 24.3 2.8 A(e) ' ! NORELINE W N.W.Y. ~ ..*a oD w 1 ' w 22.1 .LA.S s .ao • I FD. 28 . w 2p O \b • r bASI •rt•R `7, , N .a.. 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TAX MAP DESIGNATION: Sn--r - +.vr 50 'd y h tl,?' 4- ( DIST. SECT. BLOCK PCL. ,c. d - f s :7 h .7 V OP ~YO .76 fat1. \ \ p - J r.. si. c I OWNERS ADDRESS. r _ n rDEED: L. P. TEST HOLE STAMP Zrf 7 a. 1 j I ,SEAL iZ t t ~ 'OF NL,; P\CKyVgl, Mar r. 3 x995 i ; * `6"-~,~ G x ~ I a, , . Mot-. "7 RODERICK VAN TUYL P.C. I * nl w LICENSED LAND SURVEYORS GREENPORT NEW YORK