Loading...
HomeMy WebLinkAbout4228 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vills Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF TIlE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4228: Upon Application of VICTOR AND GAlL RERISI. This is a request for a variance based upon the Building InspectorJs March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which will be within 75 feet of the bulkhead near Gull Pond; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: 88 Snug Harbor Road. Greenport/East Marion.. NY; also referred to as Lot No. 34 and Part of 33 on the Map of Section Two at Cleaves Point. County Parcel ID 1000-35-5-37. The subject premises is substandard and is located in the R-40 Zone District. WHEREAS, a public hearing was held on April 6, 1994, at which time all persons who desired to be heard were heard and their testimony recorded; WHEREAS. the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXlII, Section 100-239.4B of the Zoning Code for the location of a proposed new dwelling, the most northerly portion of which will be located at less than the required 75 feet from the closest bulkhead. The proposed dwelling includes a proposed deck extension to be set back 35 feet from the nearest bulkhead {in the cove of this lot). The foundation of the proposed dwelling is requested at 53 feet from the closest bulkhead, and 115+- feet from the furthest bulkhead - along the highwater mark of Gull Pond. all as more particularly shown on the survey map prepared by Roderick VanTuyl. P.C, amended March 14, 1994 for the applicants. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 37, and is known Page 2 - Appl. No. 4228 Matter of VICTOR AND GAlL RERISI Decision Rendered April 6. 1994 and referred to as Lot No. 34 and part of 33 on the Map of Cleaves Point. Section Two." This parcel is substandard in size containing a total lot area of 26,500+- sq. ft. and frontage along the southwesterly side of Snug Harbor Road of 150.0 feet. 3. This parcel is presently vacant. It is noted, however, that a Building Permit was issued April 14, 1969 under No. 4243Z to Carl Schaefer for a storage building and/or boathouse, (There is no record of a Certificate of Occupancy, although it was built and assessed for $200 during May 1978, upon information furnished from the Southold Town Assessors' Office. ) 4. For record purposes, it is also noted that in March 1985, the Town of Southold enacted "Local Law #4-1985" pertaining to building setbacks from water bodies, and on May 17, 1988, the Town Board enacted Local Law #15-1988 pertaining to setbacks from bulkheads (prev. Section 100-119.2B). 5. Article XXlll, Section 100-239.4B (as re-numbered on January 10, 1989 under the Master Plan revisions) continues to require that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which are adjacent to tidal water bodies other than the Long Island Sound, to be set back not less than seventy-five {75) feet. 6. In viewing the history of permits and existing buildings in this waterfront community, the following information was found (preexisting of the subject code provision unless otherwise noted below ): a) Lot #38.1 - setback 59+- feet from the closest bulkhead; b) Lot #34 - S0+- ft. to outside edge of bulkhead; c) Lot #33 - 60+- ft. to bulkhead/Dawn lagoon d) Lot #28 - 50 ft. to bulkhead (variance obtained in 1986) e) Lot #26 - 64 ft. to house now; 50+- ft. to deck f) Lot #20 - 50+- ft. to bulkhead g) Lot #17 - 42 ft. to bulkhead (1977) h) Lot #16 - 40 ft. to swimming pool; 30 ft. to deck. Page 3 - Appl. No. 4228 Matter of VICTOR AND GAlL RERISI Decision Rendered April 6. 1994 i) Lots #26 and #27 are also under consideration this evening for similar relief. 8. The Board of Southold Town Trustees has also issued a Wetland Permit No. 4300 to the applicant{s) herein, with conditions. dated March 25. 1994. 9. It is the position of this Board that in considering this application: (a) the relief requested for a setback at 35 feet is not the minimum necessary to afford relief, and there is an alternative available~ as noted further, to increase the setback for the deck and/or relocate the building envelope; (b) the relief, as alternatively granted, is similar to those generally existing in the neighborhood, as noted above; (c) the difficulties claimed are uniquely related to the property and are personal in nature to the landowners; {d) the relief, as alternatively granted and noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by denying the relief as requested and granting alternative relief, noted below. Accordingly. on motion by Member Villa, seconded by Member Dinizio. it was RESOLVED, to DENY the relief, as requested, and to GRANT ALTERNATIVE RELIEF for a setback at not less than 44 feet from the closest point between the proposed deck at the northerly end of the proposed dwelling and the closest bulkhead (within this lot's alcove), provided that the distance from the bulkhead along the ordinary and highwater mark of Gull Pond be greater than 85 feet at its closest point. (Note: These setbacks shall include all step areas.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Wilton and Villa. This resolution was duly adopted. Dinizio, GERARD P. GOEHRINGER.~cHAIRMA~I APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, APRIL 6~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXIII, Section 1OO-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1OOO-105-1-4. Zone District: R-80 Residential. 2. 7:32 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1000-7-2-9. Page 2 - Notice of Hea~Igs $outhold Town Board oT~Appeals Regular Meeting of April 6. 1994 3- 7:40 p.m. Appl. No. 4220 - JOHN E. STRIPP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimmingpool with enclosure in a front yard location; ref. Article III, Section 100-32 of the Zoning Code. Location of Property: Private Road off East End Road. Fishers Island, NY; County Parcel ID 1000-7--2-9. 4. 7:45 p.m. request for a March 4, 1994 Appl. No. 4222 CINDY BENEDETTO. This is a variance based upon the Building Inspector's Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXlII, Section 100-239.4B of 'the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel 1D 10OO-35-5-26. The subject premises is substandard and is located in the R-40 Residential Zone District. 5. 7:50 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from Page 3 - Notice of Hea~s Southold Town Board of-Appeals Regular Meeting of April 6. 199q ali property lines, ref: Article XlX, ~ction 100-91(c), Article XVIll, Section 100-81-C(2a) of the Zoning Code. Zone District: Hmlet Business. 6. 7:55 p.a. Appl. No. q223 - DONALD BREHM. This is a request fora variance based upon the Building Inspector's tqarch q. l~J~t Notice of Disapproval coT~cerning a building permit application for a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.qB of the Zoning Code. Location of Property: 1010 Ftaple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section Iii; 1010 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-27. The subject premises is substandard and is located in the R-qO Zone District. 7- 8:00 p.m. Appl. No. 4226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's #arch 10, 1994 Motice of Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article Xlll, Section 100-239.4B of the Zoning Code. Location of Property: Cutchegue, NY; County acres. 10~0 ~est Cove Road, at Nassau Point, Parcel ID 1000-111-~-1 containing 1.~4 Page · - Notice of He~gs Southold Town Boarc oT Appeals Regular Meeting of April 6. 199q 8. 8:05 p.m. Appl. No. This is an application, known as 1350 West Cove County Parcel 422~ - THOMAS AND ROBY GLUCKMAN. with amendments, concerning property Road, Nassau Point, Cutchogue, NY; lB 1000-111-5-2, requesting: a) a variance based upun the Building Inspector's February 23, 1~9q Notice of Disapproval concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest unit by more than 50 percent of its present size; ref. Article XXlV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck add fence enclosure, which w~ll not be located in the required rear yard or required front yard; ref. Article III, Section 1OO-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's Marchl4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXlII, Section 100-239.qB of the Zoning Code. Page 5 - Notice of Hea~ls Southold Town Board or--Appeals Regular Meeting of April 6. 1994 9- 8:15 p.m. Appl. No. 4225 - RICHARD AND DOLORES PRtNCIP1. This is a request for a variance based upon the Building Inspector's Narch 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within'lO0 feet of the L.I. Sound bluff; ref. Article XXIII, Section 100-239.hA-1 of the Zoning~Code. Location of Property: Lot #2 shown on the 1985 Nap of Blue Hu. izo~s, Section ; also known as q6~O Blue Horizon Bluffs Road. Peco~ic. NY; County Parcel ID 1000-7/4-1-35.52. 10. 8:20 p.m. Appl. No. 4228 - VICTOR and GAlL RERISI~ as contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the norther]y portion of which will be within 75 feet of the bulkhead near Gull Poad; ref. Article XXIII, Section 1OO-239.4B of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Nap of Section Two at Cleaves Point, filed Nap No. 3521; also known as 800 Snug Harbor Road, Greenport/East Narion, NY; County Parcel ID 1000-35-5-37. 11. 8:25 p.m. Appl. No. 4229 - FRANK R. ZALESKI. This a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming is · 1~age 6 - Notice of Hea~ls ~outhold Town Board or--Appeals Regular Meeting of April 6, 19~ area, width and depth; ref.: Article XXI¥, Section 1OO-2~ of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID 1000-115-13-15. Zone District: R-40 Residen£ia]- The Board of Appeals will at sa~d time and place hear any and ali persons or representatives desiring to be heard in the above matters. Written comments ~a¥ also be submitted prior to the conclbsion of the subject hearing. ~ach hearing w~ll not s:a~tc before the times designated above. If you wish to revie~ the files or n~ed to request more information, please do ~o: hesitate to call 765-1809 or visit our office. Dated: March 1~, 199q. BY ORDER OE THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. Ii: ~q I-RI994 ! ~ NOTICE OF DISAPPROVAL House No. Street Ham/et County Tax Map No. 1000 Section ~ Block (_,90'~ Lot .'~. ,~..... Date .......................... ,19. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following ~ounds... ~ .L.L....~/.~./.~..~.-. ~. ...... . . ~~ .... ~ d. . . .~ .... ~ .... w~).~ .... ~. . . .~.~. . . ~ . . ~ .... ~. . .~ ~ . . .~. . ~4;~ .... . .~4~.~... ~~ .... 0~ .... /~ .... ~~ ....~4g~.,~-- . . ~. . . ~ .... ~. . .~ .... ~ .... ~ f. . ~ ..... ........... ~ ....... ~ 7 .~a.~...~.~O.. ' /~ ~ ~ ~9 ~ , .~~A..~... ~ ......... ~...~ ......... RV 1/80 ' RECEIVED MA,R ! 5 1994/ - I' Z . i oFn Southold Town TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLO, N. Y. Name of Appellant Street and Number ..... ............................................................. Municipah~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ........................ Nome of Applicant for permit . ........................................................... ; ........ ~....: ......................... ~ ......... ¢ ................... Street and Number nqunic~pmity State PERMIT TO USE PERMIT FOR OCCUPANCY Di stri ct 1000 Section'~'B]...o, ck g Lot ~2 CUrrent OWner LOCATION OF THE PROPERTY Street /Hamlet / Use District on Zoning Map x/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~L~z I ~c Section ,~(5_ ~-'~q. ;,q_ ~'~ 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 Chop. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal ,~(has not)~een made with respect to this decision 4. Of the Building Inspector or with respect to this p~ · Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ,,X) A Variance to the Zoning Ordinance ( ) is requested for the reason that %'arm ZBI (Continue on other side) REASON FOR APPEAL. Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because ~ 'R-V~F=R~ ~5 AlU ~,~-~e ~,,=/o-r ~:~ ~cu, u-T¥ A~ T~ 2. The hardship created is UNIQUE and is not shared by all properties alike i~ the immediate vicinity of this property and in this use district because '. T't-~ ~ ~ ~,~p t5 CHARACTER OF THE DISiKIC-I' because T~ ~ 5~T ~ O~ ~T The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF/~.S ~-k ) Signature TOWN OF, SOUTHOLD PROPERTY RECORD CARD OWNER /.. ! ~ STREET ~,b---'~ VILLAGE DIST. SUB. 1/ LOT, /O~M,~ ow~R ~ . ~ U ,~cJ;7~~'~  ' ~ S W ~PE OF BUILDING I~. TOTA~ DAT~ R~RKS , Z / , ,, ., /3/ · /- / N~ NOeL BELOW ABOVE FARM Acre Value Per , Value ' ' Acre Tillable 1 Tillable 2' i Tillable 3 Swampland . , ~ FRONTAGE ON WATER 1,~:,~,-~, [.]: :5 '"~ '~ ~" ""~ '-"" ~' -"" ~4" ~ ~' ~>:,.~¢~,,:.??. .::;~ F~;: ~:~.~. :.. ·: , FRONTAGEON ROAD ~ O~O; ~ ~ , I ~ ,, ~,~ ./ ,~,..., ,~ .~]~,;.~ ~. : :: DEPTH : , id : House Plot ~ , ,,-,;~,' ~' ~ :.::v'. ~ '?~,~;~ ' .~ :~ ~ ~ : ~ 7 ',~ )~'~, ~ :;~ ?r BULK D 77 AA. Bldg. Extension Extension Extension Porch Porch ~ Breezeway Garage Pabo_ B. Total Foundation Basement Ext. Walls Fire Place Both Floors Interior Finish Heat Type Roof Rooms 1st Floor Recreation Roo~ Rooms 2nd Floo, Dormer Driveway RODERICK VAN TIJYL P.{;:. LICENSED LAND SURVEYORS GREENPORT NEW YORK SUFFOLK CO. HEALTH ~.~'¥. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT. OF HEALTH SERVICES. (s) APPLICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. NO., APPROVED: DEPT. OF HEALTH APPROVAL Is*OR SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. :]:f 1== ~ OWNERS ADDRESS: DEED: L. h.,IA TEST HOLE STAMP ICOUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING APR I 8 1994 April 14, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~mission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Rerisi, Victor &Gail 4228 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County Administrative Code, The ~ Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~a~,~ssion: Variance f~om the Zoning Code, Article XXlII , Section 100-239.4B __~__Variance from Determination of Southold Town Building Inspector __Special Exception, Article __Special Permit , Section (owner? Dor~s Schwartz) Appeal No: 4228 Applicant: VICTOR and GAlL RERtSI, AS CONTRACT VENDEES Locat.ion of Affected Land: 800 Snug Harbor Rd., Greenport/East Marion, NY · County Tax Map Item No.: 1000- 35-5-37 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or ~ther 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 loca~e a dwellinQ, the northerly portion of which will be within 75 feet of the bulkhead nmsr ~U11 Pnqd. ~opies of Town file and related documents enclosed ,or your review. Dated: April /4 199~ . jdr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ~/?.. April 11. 1990` Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs; Victor Rerisi 9 Cat Hollow Road Bayville. NY 11709 Re: Appl. No. 0,228 - Bulkhead Setbacks Dear Mr. and Mrs. Rerisi: Enclosed please find a copy of the Board's Findings and Determination rendered at our April 6. 1994 Regular Meeting. Please be sure to return to the Building Department for a building permit and any other approval that may be applicable for this project before commencing any building activities. For your convenience, we have furnished the Building Department Office with copies of this determination for their permanent recordkeeping and update. Also. we have transmitted copies of your file to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations-pertaining to projects located within 500 feet of a waterway, Once we have received their-written response, we will forward a copy to you for your permanent file. Please do not hesitate to call our office or the Building Department if you have any questions, Enclosure Copies of Decision to: Town Building Department Very truly yours. ~a s~k~. Clerk Board of Appeals Suffolk County Department of Planning Southold Board of Town Trustees Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. . 4300 DATE: ... March 25, .1994 ISSUED TO .... ¥ictor..K~r~i ............. Pursuant to the provMons of Chapter 61~i of the Laws of the State of New York, 1893: and Chapter 40~ of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meefin9 held on .),~arch. 24. 19 9~, and in consideration of the sum of $]'50'00 paid by Vi~t.o~ ~e~ of N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the followln~j: to construct one-family dwelling with gutters, drTiwells and landscape as per soil Conservation and Trustees. See enclosed. ell in accordance with the detailed specifications as presented in the orlcjinatincj application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ;ts Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ...... ....... Application # 4228 Dwellings less than 75 feet from bulkhead Section 35, Block 5 Lot # 28 c/o Maple and Snug Harbor Application # 3505/86 Lot # 17 685 Dawn Drive Application # 3609/87 Lot #19 704 Wiggens Lane Application # 3686/87 Lot # 27 Maple Lane Lot # 31 Snug Harbor Road Section 35, Block 6 Lot #24 Osprey Nest Road Lot #24 Osprey Nest Road Application # 3639/87 Decks less than 75 feet from bulkhead Section 35, Block 5 Lot # 20 305 Dawn Drive Application # 3919/90 Section 35, Block 4 Lot # 28.25 305 Gull Pond Lane Application # 4110/92 OWNER STREET "TOWN FARM IMP. TOTAL DATE ~-o~. AGE NEW NORMAL FARM -. Acre Tilla~J TmobiT ~' E ACR, W TYPE OF BUILDING Tillable 3 ~Voodland Swampland ~rushland 37~o- BUILDING CONDITION BELOW ABOVE -louse Plot COMM. CB. Mkt. Value REMARKS Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD M. BId_q. Extension Extension Extension Porch Porch Breezeway i Garage Patio . Total Foundation Walls Fire Place Type Roof Recreation Dbrmer Driveway Bath Interior Finish Heat Rooms ]st Floor Rooms 2nd Floo~ Doris Molitor 1160 Snug Harbor Road Greenport, New York March 21, 1994 Dear Members of the Zoning Board of Appeals: Please be advised that I have been notified of the application made by Victor and Gail Rerisi to construct a single family dwelling on the vacant land north of my home (800 Snug Harbor Road). As an adjacent landowner, I want it known that I have no objection to the construction and hereby consent to such construction. Sincerely yours, Doffs Molitor Mrs. Eric Koch T00 Snug Harbor Road March 21, 1994 Dear Members of the Zoning Board of Appeals: Please be advised that I have been notified of the application made by Victor and Oail Rerisi to construct a single family dwelling on the vacant land north of my home (800 Snug Harbor Road). As an adjacent landowner, .I want it known that I have no objection to the construction and hereby Since~y yours, (Mrs,) Eu'ic Koch : PL~,CE, SLJf~VEYEC ~0~ .-.. "2~ ,EOD= .'~.FT. SUFFOLK CO. HEALTH DEPT. APPF H. S; NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE D SYSTEMS FOR THIS RESlDENC! CONFORM TO THE STANDARDS SUFFOLK CO. DEPT. OF HEALTH SE (si APPLICANT SUFFOLK COUNTY DEPT. OF SERVICES -- FOR APPROVA CONSTRUCTION ONLY . '~ DATE: H. S. REF. NO.: APPROVED: '' SUFFOLK CO. TAX MAP DESIGNA'I DIST. SECT. BLOCK OWNERS ADDRE5.~ .... TE L, ~ - '. ~ 50 DEED: L. NI/A : :P. TEST HOLE · RODI APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~ OF ~P~ TO~ O~ SOUTHOLD March 17. 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Victor Rerisi 9 Cat Hollow Road Bayville. NY 11709 Re: AppI. No. 0.228 - Setback from Bulkhead Dear Mr. and Mrs. Rerisi: We are in receipt of- your recent application requesting a zoning variance for the proposed building envelope on premises locates at Cleaves Point. Copies of your file have been distributed to the Beard Members for additional review and individual on-site inspection, and the application has been advertised for the April 6. 1990. Regular Meeting. A copy of the Legal Notice is attached for your records. In the interim, it is requested that you stake the four corners of. the proposed building envelope, and provide photographs of the area between the closest stake and the existing bulkhead, within the next several days if possible. Also. you or your representative will be required to appear at the time specified. The public hearing will not start before the time advertised in the attached Legal Notice. and additional time will. of course, be available if needed. If your presentation will be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this application at any time before, or during, the public hearing. Since this application has already been advertised, you should be aware that in the event another project on this property needs a variance or other determination from the Board of Appeals. a separate application, public notices, filing fee. etc. would then be required. If you have any questions, please call us. Yours very truly. GERARD P. GOEHRINGER Ik CHAIRMAN PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTttOLD April 6, 1994 Present : (7:30 p. m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman 'SERGE DOYEN, Member JAMES DINiZIO, JR., Member ROBERT A. VILLA, Member RICI1ARD C. WILTON, Member LINDA KOWALSKI, Clc~ll-Assistant to Board INDEX APPLN .# APPLICANT PAGES 4221 4218 4220 4222 4227 4223 4226 4224 4225 4228 4229 ARTHUR BURNS ......................... 3-4 JOHN E. STRIPP AND JUDITH 0. STRIPP.. 4-7 JOHN E. STRIPP AND JUDITH D. STRIPP.. 7-19 CINDY BENEDETTO ...................... 19-23 WILLIAM GASSER ....................... 23-34 DONALD BREHM ......................... 34-40 THOMAS AND JOAN KELLY ................ 40-44 THOMAS AND ROBY GLUCKNAN ............ 44-57 RICHARD AND DOLORES PRINCIPI ......... 57-68 VICTOR AND GAIL RERISI ............... 68-80 FRANK R. ZALESKI ..................... 80-84 ( Page 68 Regular Meeting of Ap~'il 6, 199.1 $oathold Town Board of Appeals MR. PRINC1PI. Good night. BOARD CLERK. Good night. Mil. CIIAiRMAN., I sec lie bands again I'll make a motion closing the hearing reserving dccisim~ uatil later. All in favor? MEMBEIIS.. Aye. 9:25 P.M. NIR. CIIAIRMAN. Appeal No. -1228 in behalf of G~i, as cunt t'm~l vendees. This is a request for a variallce based HI)Oil thc Boil(ling [llSpt~ctop's Mat'ch 15, 1994, a copy of a sttl'vey produced by Robert Van Tuyle, P.C., the parcel has a notch boat slip appt'uximatcly act'oas [t'om Marine Place, closes portiol~ to tile l)l.upuscd deck is 35 ['cc[ and its 53 rcct from tile proposed llouse. I lmve a eopy el' Iht Sol'folk Cotlnty Tax Map indicating this and surrounding propcrlk~s in thc area. Would yea like to be lmaPd SiP? Ma'aul? Both of yua? GAiL RERISI. l"l~t' thc applicant ..... as collLract Velldees. Tiffs is a request for variance fur relief from the 75 foot setback required fo~ both headed l)rupertics [)urstlant to thc Zoning Code, Section 100-239.,tB. Bcrm.c I go any further I waat to give to tim board COllSClltS that were obtained ['rom tile two adjacent property OWllers to tho subject pt'cruises. BOARI) CLERK: We havc olio or' t[lclll ah'cady. MRS. REIIISI. OK, yml have lh(~ ol'igh~al, OK. The sul)jcct premises klloWl~ as SOO SeH~ [hwbof Road, East Ma,'ion, a/k/a as Scct[oll 35, Block 5~ I.,ol 37. 'l'l.~ subjtx:t prcnliscs consists of a lot 26,500 squat'e feet in size, over I00 ['et~ o~ which is bttlkhcaded propet'l.y. There are pructical difficultit~s wilh this lot in placing a dwelling within Page 69 Regular' Meetiug of Al)~'il 6, 1'39,t Soutbold Town Boapd of Al)peals the envelope on a lot of 26,500 S(lUat'e feet. Due to the unique clmvacter' of the subj(~e! premises and this consists of the inlet wldch you refei- to with the boat slip. The inlet is 60 feet wide, excuse me, 60 feet deep and 35 feet wide and this inlet int~'udes into the pvopet'ty and fttl'tbe~' tllot'e this inlet is unique. It doesn't exist on any of the pvopct'ty along the MR. CIIAIRMAN. [ know why too. MRS. RERISI. Do you? MR. CIIAIRMAN. Yci~h, because it belong to thc owner who developed the l)t'Ol~t~/'ly. MRS. RgRISI: Oh, OK. Well in et'der to yet'try that I have a copy of tim filed map and its llli~l) lltunbof aa21 which dates back to March of 1962 and it shows the subject premises as highlighted, now offel'ed as an exhibit. Tlmt's thc only Olle tber'e with that notched inlet. MR. CIIAIRMAN: Yes. MITS. RERISi: The l'elie[' tlmt we're ~'cqucsting hcr'e tonight is not substantial. Thc proposed dwelling inclusive of the deck has vaeiable setbacks f~'om the bulkhc~ad. There's a maxinlunl of approximately 90 feet and a tape is down to a minimtun of 35 feet. That's inclusive of the pt'oposcd dwelling ami the deck. Ir you mcusu~'e just to the proposed llottso to tll(~ bullqlteading then you have a maximtun setback of approximately 115 ['et~l lapeving down to a minimum of 53 feet. Now the minimum st,lbiltqt o[' 33 feet enly oeeut's et the base of the inlet fo~' the l~'Ol)Ost,d deck, but fe~' the inlet we would be able to confoicnl, thel'e would be '~lo pl'obletn. [ know we submitted pietut'es with th~ appli~.ation but jest in case there not readily available I Page 70 ReKuh~r Meeting of.April 13, 1.99t Southold Towll Boal'd o1' Al)l)et,ls have pictures of the inlet taken fpoln Gold Poud, taken from Snug tlavbor Road and on the reverse an aerial view with the subject premises indicated. MR. CIlAIRMAN. This is a magnificent piece of proper'ry. MRS. RERISI. We think so, that's why we~pe here. OK, there will be not sf~bstantial clmnge in the neighborhood also. In fact, in researching' it, lhcre are other Prol)ertics in the neighborhood and which such relief bas bocll rcqacsted alld bas been received and rather thau go tln'tmgl~ with yea know a verbatim list i'm reading it to the board. Again, effcp as an exhibit. It's just a puptial list. This is a list of otbcp properties in the area that relief has been requested and again also iudicated on the filed map. The subject property is in orange and the otllcp OliOS ape hi yellow. Also~ pt'evioasly according h) thc Board of AssessoPs Record, thoro bas been a permit isstled tm this pPoperty and its pernlit number 42,t37 and back that's fop an acces:sm'y building and this permit was gpanted to 1969 and there's also a pictut'e in the files of the accessory building and it was loc. atcd right at tho base of the inlet. Again, another exhibit. Mosl importantly there ape no other alternatives to placing the p~'opos~d dwelling on this lot. The DEC is requiring us to stay 75 feet awuy ['p~)m the southeast corner of the subject ppemises. Olme you try and pul thc l)puposud dwelling op an et~velope outside that 75 fool arc ~vc arc nmv in cimflict wilh thc 75 foot setback from the bulkhead and agaia, but for that rcquircmcut we weald be able to comply on all eounts but We just, we can't but for thc inlet. If the inlet wasn't lhere. If il was just straight across there would be no Page 71 l{cgulal' Me~til~: of April Southold Town Board of l)l'oblelll, [ Illeall Oll ~t l~[ect~ of Dl'O|)erty this size we're just Pllllllillg into a problem on wbert~ to put it. MR. CIlAiRMAN. I'm only l)~'esUl)l~osing something before you finish. MRS. RERiSI. Sttl'c~. MR. CIIAIRMAN. Why didn't you place the deck on that side of tho hollsO. MR. RERISI: The deck is, by the way this is a proposal t'uthe~ than bare to como back to the board at a later date this is probably going to be the deck put in eventually, butt the reaSOll we did that it's just altd t~tl%'t~lt)lJ~ aad ils jest, you knu;v we stayed within the 75 feet is thc ave in llcux~ for tbt~ 75 [c~ot fl'om tlm .......... MR. CIiAIRMAN. 1 MR. I{ER.I~I: O14, so wc wanted to keep it in there and then you know we took tiffs point to the pt'oposcd envelope fop the house. The house is not g,~ing to bc that big. It's just and envelope so that we don't have to come back to the board at a future date I'm sttpe you know we are going to want to put a deck evcntttally, but there still is over a 100, well D0 f~c~t ft'om the deck to the actual eanal. Which is again, wldc'l~ is jttst a pmq~osal wc have there we'll work with tim board, but I didn't wahl lo bavc to COllie back llorc a year fpotn now after we built the house. MRS. RERISI. Bol il, it goes right back into that arc because the DEC is telling us Ut) slay ottt o[. That's why its on that side. MR. RERISI. It was, it wSs like juggling, I mcan t~ying to get this tbitig lo Page 72 Regular' Meetiug of Apcil 6, 19'04 $outbold Town Board of Appeals MR. CIIAIIiMAN. I, I don't want to confuse you in your presentation, you were doing a g~'eat job. Continae. MRS. RERISI. Oh~ OK. Now, lastly I would also like to point out that it doesn't impinge upon lhe health, so safety o~ welfare of others and ill fact w(~ havt~ authorizatiol~ frO[ll the Town Tmlstees to build a one family dwelling and this just came the othep day its pet'mit number 1300. MR. CIIAIRMAN: Thank you. OK. Bob, you want to ask some (lUCS tiuns ? MEMBEI{ VILLA: Well, I bare the same questions. You have a building enveltq;e tbm'e that's ,10 feet deep, 115 feet ac~'uss, I don't have a problem with th;~t envelope being 53 feet fpom the boat base, I can undm'stund that but I can't see why the deck couldn't be position where it will also.be 53 feet. MR. RERISI: Well, the pt'oblctn is if you take 53 feet and you scale it~ you don't have onything left fop the deck. MEMBER VILLA: 'l'ht~ deck could be put on the uot'tb side as lap as that goes. MR. REI{ISI: Ym~ slill gel to slay oat of that 75 feet. MEMBER VILLA. N% n{~ I'm talkiag you could even bare that, you could even llavt~ Iht~ dt~t'k [)vt~P lhere. MR. RERISI. No, its going to be a gm'age. That's wbm'e the garage is geing lo go. Wht~ll it was m'igim~lly shown that was wrong. There's goiag to be a gol'agt, al the t, nd of the house. You want 53 feet, you Call see whel'e it brings il ~ yotl'rc almost into the 75 foot afc. Page 73 Regular' Meeting of Apl'il 6, l~'Ol Southold Town Boa~'d of Appeals MEMBER VILLA. ~¥c11, who's dictating lbat 75 foot ar'e? The ........... is basically distm'bed land. MRS. RER1Si. Tim DEC and in fact thet'e's a lette~ in with the application whm'u the DEC is giving us pt'elimina~.y app,'oval as long as we stay outside thc 75 foot eivcumfer.ence. BOARD CLERK. Yes, yes, wu have it. Mit. RERISI. The DEC is t'eally you know with the 75 feet it just III~SSCS evc~'yt[ling up. MR. CIIAiRMAN: Now, this ln.opet.ly is for you guys, right? MR. RERiSI: It's fee us. Gall and I. She, she is just better at organizing things. MEMBER VILLA. We just went through two otbees and you know we were pushing for 48 feet. MR. RERISI: Well, well we had, we have one hex~e wher'e a vaeiance was gl'alfred in thai 5alllC community fei' 40 feet alld agaill we'~e llot asking, it's 90 ['ct~t [1'o111 Illl~ bulkhead and it's just bccatlso of that inlet. MEMBER VILLA: I ~'calize l[lat. MR. CIIAIRMAN: Ltl mc just ask you a question. Do you think that thoro may como a time wlicn yeti might l'athc~' put a CClllOllt slab? MR. RERISI. lice'o's thc lhing with a cement slab alld that could ve~'y well be. llo~cvci,, alld with a cement slab thct'e's a natta'al gt'ade goillg dowll so obvit~usly the ceillt!llt be elevated. MEMBI'iR VILLA. Thal's w~at [ was to have .... can'! be on an angle. Its got to saying berm'c, you'~'e still going Page 7't Regulai' Meeting of :\pi'il g, l!t~tl Soutliold Town B~);u'd of Appt~als MR. RERI51. You know where not and just even if you look at where that deck is pmq~osed it's still within the bailding line of all the other bottses. It's s~ill 90 feet there. You know we're not building beyond, its just MRS. RERi5I. [n fact, it's set back from the house to the north position to the north of it. Mil. RERISI. If you look at Koch's house on that thing, iii the back of Koch's house the deck is, only sticks probably maybe 8 or 9 feet beyond Koch's house. Tlmt's the building line next door'. I had the surveyor put it on hel'c. Again~ I'm not trying to, I, I know what you've saying and I appl'eciate what yoa't'e saying. MEMBER VILLA: Can you do away with that boat slip? I mcan some of that bulkhead looks like il llec~ds l'epaiP ah'eady. MR. RERISI: Some of it is going to need some repair, but no, to stat't filling in, I Ihink Ihe DEC ;rill .... . MRS. REt{151. I dolt'l Walll It)) Oh~ My God~ MR. CIIAIRMAN: dtml fop the history of the parcel, the parcel belongs, bclm~ged ut one time, never belonged, it was developed fo~ Mrs. Scbwat'tz, 1 Ihink is the dattghter of Bern and Teddy Kaplan who dcvdoped lhe pl'opel'ly and they had two boats. One was an attot'nc~y and the olhet' Olle Wll5 H (JI~A and tllose boa[s were kept Oll that slip all the lime lhts: liv¢,d in Centetx~ach. MR. RERISI. We have a pit:ttu't% we lmvc a pictut'c hm'e of a boat, of a boat in a slip. BOARD CLERI{. back to I Ilfink, That cou[l be it, I don't know because tiffs dates tllk~ sevellties. Page 75 Regulal' 51crating ~F Al)~'il G, 1991 Southold Town Bou~'d of Al~pt~als MR. RERISI. But, I mean us f'al' tls tile notches at'e eoncemled MR. CIIAIRMAN. Thcir lb'st development was in Mattituck, then they went to this ont,, Iht. nt:xt one they did. MR. RERISI. Th}~t's why we fell in love with it because of that notch and this to mc is, yt~ab tlmt's going to be a retit'emcnt house for MEMBER WILTON. 1[ you lined up the decks then thct.e is papt to be thc wateP you dl't~w t~ linc between yottp two neighbors~ decks would you be ..... . MR. I{ERISI: The ntq~hbt~' docs not Imve a deck. Koch doesn't have a deck next doot'~ thul's the back of tllciP house. That's the actual back oF their house t~l~tt their' house extends even beyond that. The house is likt~ L-shapcd~ just, jast that o11¢ cornep~ the south copne~ but thc not'th compel' gt~t~s out even closet' to the water' and, and theiP hoase is~ dot~sn't even COil[et're. The cO['llCP o~ tbcip house is less titan 75 Feet to a. , MEMBER WILTON: ....... ftn'lhcst bilck. That would be BOARD CLERK: Tbctx~, tbel'c's a list in tlmt'c. ----some of them al'e setbuck to lht~ htm:.es i~lltl tllk~y Wcl't~ llOt fOP V[II'i/ItlCCS~ they wepe built witltuttt vill'ilulck~s. MR. RERISI. I'm, I'm ch*:4el' to thc street. I did thut not to ...... up theme. We wot'kcd on il mid we tried to and then tPicd to conform with what tht~ DEC x;i~lllt~/l, il's a gtltllC, I IllCtlll it's .... . MR. CIIAiIiMAN, Il is ;~ gmnt~. Yeah, a gmnc of l~umbcl's. MRS. RERtSI. ~;kqI, it's just in view of thc fact thc size pt'opcrty and to put it a vchttivel~' modcst house in tbc['e it's unbelievable tho pt'oblcms we'l'ty intoning into in placing it. If it dt'ew an arc of Page 76 Regular' M~t~ling of Ap~'il G, 19UI $outhold Town Bo~n.d of Appt~als 75 feet from the bulkhc~d and 75 feet ft'om tile other' we would have poem for· a lean-to ~'ight in the middle. I mean that's a shame, but some of the othet- p~*opm'ties I don't think indicated tho footage back fpom tho bulkhead, if it goes down. Thm'e's one I think that's is 32 feet f~'om the bulkhead and it goes up to 50 feet, thet'o's one 40 feet, so thc, t'e ar~ ill51ances ill the at'ea. MR. CIiAIRMAN~ Righl , yeah. MEMBER VILLA: 'l'ht~ pi'opened deck is 20 by 40. MR. RERISi: That's, that's jast an envelope again. All I did Villa wes put all tmvelopc in. I lllCilll~ I'll welcome you Oll that. I have no p~'oblcm with MEMBER. VILLA: I'm just tt'ying to maximize bt. Jelly on tlm befot'e the MR. RERISI: No, m~, but we bare 90 feet. We have like 90 feet MEMBER VILLA: OK. I doa't have a problem with that. I don~t have a pt'oblcm with 53, I have a pz'oblem with the 35. MI{. RERISI: What I did any whez'e nea~' that, but you know and tltcu the was ....... . The house is llOt going to be it's going to be placed somcwhm~e in there deck you know I can't move it this way because of this a~'c. This, this 75 foot a~'c is ~'ight he~'e. MR. CIIAIRMAN. Whai happmm if we put a diagonal on the deck on that side Bob? MEMBER BOB. That will be fine. lley, if I caa go 48 feet to the other' two, I cmdd livt~ with something like that. You know we got 58 fct~t il~ {h~ l~tfighbo~'hood ['~l' this. Page 77 Regular' Meeting of' Apl'il G, I'.P01 Southold Town Boapd of Appeals MRS. 1/151{151. The only tiring is I, I mean I'm, l'm not at necessarily advct':~o to the (li:~gonld, but again, if I could distinguish this from the pt'evious applications tonight, whet'oas I think for the most part those pt'opet'ty lines in the bulkbcuding Pall stt'aight across and it was .10 feet or .t8 foot illOl.O or Io$s evenly across tile l)rope~ty hope but for this Olio col'IiCI'. [ tiltall We, it~ excess of the 75 feet,alld that's the problem. MR. CtlAIRMAN: Righl. MRS. RERISI: Again, we're not necessarily adverse but I'm, I'm just distinguishing this to the prior applications. MR. CIIAIRMAN. Ob, yeah, there's, there's a more unique ..... to this of ppopet'ty, thct'e's no question about it. You're absolutely correct. MR. RERt51: My.pt'oblem is we'~e ruuuing lute a time problem with, we'l'e undcl' cont~'at't to buy this t)t'ul)el'ty in. MR. CIIAIRMAN: I'll give you a decision fight now as soon as he MR. RERISI: OK. MEMBER VILLA. Well wlmt can they live with? I mean, you know you got all ellvelope fop il deck of 40 by 20. Tlmt's 800 squul'c foot for a deck which is hoge. MR. RERiSI. It's nul g~fing Io bc tirol big. MEMBER VIIA,A. You've gel an cuvelope for a llouse that's 115 by 40 which is huge. BOARD CLERK. They say Ibtfir flexible. MEMBER VILLA. OK. l'agc 78 Rcgulal. Met~ting of Apl'il 6, Southold Town Boal'd ~fl' Appt~als Mit. RERt51: No, MEMBER VILLA: MR. RERISI. Tim deck, I think is 18 feet. MEMBER VILLA. It shows, I scale it off at 20 because there% no dilncnsions. MR. RERI$1: It slmuld be I tlfink it's 18. Maybe iUs 20. Can you let me go 15 foci'? I mighl not even build tiffs deck. I mean I just here so I don't have to pay another $400. MEMBER VILLA: Well, that, that's why I wanted to address it at this point too~ so lhat t alq>~'t~t~iate that. ~'e doll'[ give Olle vaPiOllCe slid tllell COllie back fop MR. I{ER, ISI: I don't want to do that. MR. CIIAIRMAN: Why don't you make it 45 Bob foL' tim unique .... ? MEMBER VILI,A. Nlak(, it 15 ab'ight. MR. CIIAIRMAN: W(~'II give you ,15 alld then you know. MR. REI{IbI: Can I jtml show you what 45 does in that. MR. CIIAIRMAN. I tllldt~l'~talld, I kllOW it dues, but i'm suggesting that you clip lhe deck tn~ at least some way get creative because there's no view in that dit'ectiou anyway. MR. RERIS1. OK, so if I du .10. MEMBER VILLA. Yuu'¥t~ house might not be, yotfl~e bottse might not be ,10 ['etfl. MR. IIERISt. N., n% mighl nol be. It might MEMBER VII,I,A. II mighl be 36 m' 31..10 is an avemige house~ you't'e picking tip (listomx, lht,l't~ I'age 79 Regular Meeting o£ Al)~'il 6, 199,1 Southold Town Boat'd of Appetds MR. RERiSI. Wt~'t'e over hct'e. If you take 45 feet, lids is 50 that's ,15, right? Luok what it does, look al the afc, I can't, I can't .... I mcan if you foil this Ihing around it. MR. CIIAIRMAN. Yeah, hot I was suggesting you might do, you might is you mighl, yml might put you might cut a scallop out of this and put thc~ stait'~uy g~dng ill hel'e OP going dowll FI'O[II hm'e.. MR. RERISI: You want llle {o cut out a whole eom~ep I'd be more than hai>py to. MI{. CIIAiRMAN: to come but at I'm just. You know this may all change in, in years least we huve some figure tonight, because I don't want you to go away, you know we'r'c fighting over a deck which is really something that's g{~ing Io be built in the future. MR. RERISI: Can I take out, can I take out a cot'nov oil that deck if it's ah'ighl with Iht, boi~l.d? Right out of the corner how about taking out a muybe 9 by 9 otll ~}{' the COl'IICI' by just lock out that corner? MR. CIIAiRMAN: Well Illal's going to be thc same thing. MEMBER VILLA. You Imdqing this distance the nearest the nearest distance to Ihal l~g~m~ 15 feel? MR. REI{ISI. Yeah. MEMBER VILI,A. MR. REIIiSI. Whal I'm sasing is if we Call do this --- If we can just lock out a COl'IiCI' likc~ lids? BOARD CI,EIII(. ~¥t~'l'(* giving you a building envelope thut you can wot'k iii, that's all, yeu cilll change it. MR. RERI51. Yt~ah, that's Xvhal I mcan. MEMBER VILLA. I don't even know if you designed youv house yet. Reguta[' Mt'cling ~f April 6, 19!M Soutbold Town Buat'd of Appeals MI{. RERISI. I llaven't. Iean show you pictures of what I want. MEMBER VILLA. So you cad, you end up now with all envelope and you design a house and a deck to fit itl thet'e. That*s all you do. MR. RERI$1: OK, CtUl we, then Call we agt'ee on taking out on the eornep of the proposed duck 9 by 9 just to ....... fpmn that side over' thet'e? BOARD CLERK: Tbe~'e going to give you a setback. Yea'ce going to get the setback. It's pl'obubly a ,t0 foot setback. (All talking tit one tinle) MR. RERI$1: We'll negt~tiate 1'o~' ,10 foot the board. Mit. CIIAIRMAN: OK, whose making that any closm' than 11 ['eel. BOARD CLERIC: ~:ho, who made the motion? MR. CIIAII~MAN: Bob? MEMBER VILLA: Yeah, I'll make the motion. MR. CIlAIRMAN. 'l'bul~lq you. MEMBER I'll scet~lld it. MR. CIIAIRMAN. All in form'? ALL MEMBERS. Aye MR. CIIAIRMAN. llave ~ lovely evening. MRS. REI{ISI. Thank yeti. (All talking al om~ time) ~:.13 P.M M~'. (;IIAiIIMAN. - ...... Fmmk R. fOP yeal's, llow ltl'e )'ell ]"l'~lllq? BOARD (;LEIIK. I"t'iulk ZaleskJ. setback if it's ah'ight with lllotioll? No, 110 structures Zaleski, wholll l~vo kllowl). Authorization (Where the applicant is not the owner) I DORIS SChSqtRTZ residing at 1113 West Poplar Street (PrinT-owner of subject Droperty)-- (Mailing address-phone) York, PA 17404 do hereby authorize Gail A. Rerisi to apply for Coastal Erosion permit(s) from the Southold Town Trustees any other matters before the Town Of Southold. Signature ~ Or THIS IS NOT A PERMIT Page JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: $outhold Town Zoning Board of Appeals Judith T. Terry. Southold Town Clerk March 15. 1994 Zoning Appeal No. 4228 - Gall and Victor Rerisi Transmitted herewith is Zoning Appeal No. 4228 of GAlL AND VICTOR RERI$1 for a variance. Also included is Notice of Disapproval from the Building Department. dated March 15. 1994; letter of authorization; copy of deed; letter from title company; photographs; letter from NYSDEC dated 12/22/93; Short Environmental Assessment Form; Notice to Adjacent Property Owners; ZBA Questionnaire; and copy of survey, Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD · Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 15, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4228 Project/Applicants: County Tax Map No. Location of Project: Victor and Gail Rerisi, as contract vendees 1000-35-5-37 800 Snug Harbor Rd., Greenpprt/£ast Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate a dwelling, the northerly portion of which will be within 75 feet of bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN. a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... .~. .... weeks successively, commencing on tile .......... ./../. ........ day of ..... ~..~...~...... 19 .?.~.. Sworn to before me this ........... ./.(. ...... day of ........ ..... ?.¢.. 33095 Main Road, SouthoM, ;,,JUmm D: STmPP. · bulkhead ~ ~&lon~ *'Dawn ~eavcs Point, S~ction 111; 910 Notary Public BARBARA A. S~qN~I~R NOTARY FU[.UC. State ~ N~ Yed~ lines, reP. Ar ticie X/X, Section l 100-91(c). ArriVe XVIII, Sec- tion 100-81-C(2a) of the Z~n- Disapprbval' concerning a bnildins p~rmit application 't~cle ./XXIII, Section the buJkhcad alo~ Hm~shoe c] HEREBY OXyRN;' to Section 267 or d~e ? d~'Cod~ of BOARD OF in a-rmnt yard: Sectk~ 100-231 of d~ Zoning ~rATS OF ~ ) SS: rn, say~ that he/she 8 i994 Clerk [fmm ..~.~;,8. 8:05 p.m. App. No. 4224 THOMAS end ROBY GLUCK-- · MAN. This is inn application, with · amendments, concerning property ,;~knowfl ex 1350 West Cove Road. ~*Nexsau Point, Cutch6gue. NY;, .~ Building lexpeclor's February ~1994 Notice or lng u building peflnil Application I~ alter in existing ~ unit. which witl include an ex- / pension 0f the fu"eli:uait bY more' I~#ilding permit application to con- atmct an in,round pool. pqol houre~ deck and fence cnclosure, which will apt be located in the required rear ~.or required fmat yard; faf. AnJ-: ~100-334 Building !~pec~or~s Notice of building permit application smict an inponnd pool, n er. closure, u ponton 6~ of. bulkhead along XXIII. Section 100-' : feel of. .; ~he]ZoninS :*~l,ocation 0f Pn~.-'Lm d2 p.m. APpI: and GAlL HERIS! March I.~ for ZBA review Section i00-244 before; the ~rncs'i ~. With m~ to ~*Cclueat more, I~nformatim dO-not .hcsit-tc ~t ~°~.; ORDER OF Copies to the following 3/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (hand-delivered 3/15) Copies to ZBA Members with copies of file documents Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Town Clerk (for distribution to TB & TA) Building Inspector's Office Planning Board Office Applicant or Agent noted as follows: Mr. John Carraway (for Arthur Burns) Mattituck, NY 11952-0293 John Bertani Builder, 1380 Oakwood Drive Southold, NY 11971 Inc. (for Benedetto and Brehm appls.) Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 Mr. and Mrs. Donald Brehm Box 585, East Marion, NY 11939-0585 Samuel and Steelman 25235 Main Road Cutchogue, NY 11935 (for Thomas Kelly) Mr. David Kapell (for Thomas Gluckman) Box 463, Greenport, NY 11944-0463 Mr. Richard Principi Box 495, Amagansett, NY 11930 Mr. and Mrs. Victor 9 Cat Hollow Road Bayville, NY 11709 Rerisi William D. Moore, Esq. 315 Westphalia Avenue Mattituck, NY 11952-O023 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for John and Judith Stripp) Mr. John Thatcher (Re: John and Judith F.I. Nature Conse'rvancy, P.O. Box 132 Green Village, NJ O7935-O132 Stripp appl.) 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 3. PROJECT LOCATION: 5. ts PRO SED ACTION: ~l~ew [] Exoansion [] Modlficatfanlaltetaflofl 6. DEECRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFPECTED; Initially · ~ acres Ultimately acres E, WILL PROPOSED CT=ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. H T IS PRESENT ~NO USE IN VICINI~ OF PROJE~? , ~Resia~tlal ~ Industrial ~ Commercial ~ Agriculture ~ Pat~ForesUO~efl soace ~ Other STATE OR LOCAl? ~Yes ~flo If yes, list agency(s) and Detm~Uaggrovals ~ ~ ~0~ OF ~0~ I CERTIFY THAT THE INFORMATION.PROVIDED AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment I OVER I on r'ever'se side) The N.Y.$. Environmental Quality Review Act recuires submission of this form, and an environmental review will be ~de by this board before any action is taken. I_NSTRUCTIONS: (a) In order ko answer the questions in this short ~AF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? __Yes :/NO 2. Will there be a major change to any unique or un~ual 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 projec~ have a potentially large impact on groundwater quality? Yes /No 5. Will project significantly effect drainage flow on adjacent sites? - Yes /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 NO 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? _ Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~No 11.Will project result in major traffic problems or cause a major effect ~o existing transportation . ' systems? ~Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causinq a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? ~ QUESTIC~TAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on the real estate market ~or - sale or being shown to prospective buyers? ~} Yes { 3 No. (If ~as, pl~e at~h c-ot~/ o~ "condit~nns" of sale.) C. Are there,thy p~upo~als t~ change ~r alter land contours? { } Yes ~No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaced 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? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t a~d are not ~huwn on the survey map that you submitting? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ ~ ~ ~-~ %-~Nb and proposed use A',u~noriz~d Signauure and Date 3/87, 10/901k § 9%13 WETLANDS § 97-13 TOWN -- The Town of Southnld. TRUSTEES -- The Board of Trustees of the Town of Southold. lA. tided 65-84 by L.L. -No. 6-1984] W'E ~-'L.~NDS [Amended 8-26-76 by L.L. No. 2-1975; 85 by i'_T. No. 6-1985]: -~'~ - '. ' ~' · 'j~ ~ ,~ /iDAL WETLANDS: (I) All {ands generally covered or intermittently cov- ered with. or which border on. tida{ waters, or lands lying beneath tidal waters, which at mean tow 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, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the following:, salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundseh m~rshm,l!ow mud (3) Ail L~nd immediately adjacent ~o a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESH%VATER %VETLANDS: (I) 'Fresh~vater wet ands" as defined in Article 24. Ti- tle 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediateh' adjacent to a "freshwater wet- land." as defined in ~ubsection B(1) and lying with- in seventy.five (75) feet land,yard of the most land- ward edge o.t a "freshwater wetland." 9705 z-:s.s~ 'New York State DepaH~nt of Environmental Conse~at~ Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 444-0365 FAX (516) 444-0373 December 22, 1993 Thomas C. Jorling Commissioner Mr. Victor Rerisi 8 Cat Hollow Road Bayville, NY 11709 Re: ~-4738-00882/0000~-0 Dear Mr. Rerisi: This is in reference to your request for a letter of non- jurisdiction. As stated in the December 9, 1993 letter, there is no objection to the dwelling as long as it meets the 75' setback from Tidal Wetland boundary. If you believe you are still eligible for a letter of non- jurisdiction based on the 10' contour elevation, please submit a revised survey showing the 10' contour referenced to N.G.V.D. datum and all proposed structures landward of the contour line. Upon receipt of the above application review will continue. If you have any questions please call me at 444-0365. MEP/ja Very truly yours, Ma~t er/s~on Environmental Analyst VICTOR & GAlL RERISI 9 CAT HOLLOW RD BAYVILLE NY 11709 NOTICE OF RECEIPT OF A~PLICATION The Dwis~o~ of Regulalo~y Affairs has received the applicalion rule~e~ced below. The material submitted is being reviewed by staff, and you will be advised in writing regarding the Department's findings. In all future commu~.~ications, please refer to the Applicalion iD number. Applicalion ID: 1-4738-0088200001-0 Dale Received: 10/2Z'93 Applicanl: VICTOR & GAlL RERISI Facility: RERISI PROPERTY Descripl~oe: NJ TO CONST SFD DECK DEC Contact: MARILYN E PETERSON -7 wm on request; in connection with the issuance of a title insurance nolicv ,,re,~are charge. Our liaoility in connection with such search is limited to $1,0'-00 Fidelity' National Title Insurance Company '~'~{~ ofNbw Yoi'k Title No. TA 10000-S THIS COMPANY CERTIFIES that a flood and marketab e t t e o the prem sea described in Schedule A, subject to the liens, incumbrances and other matters, if any, set forth in this certificate may be conveyed or mortfafled. by: DORIS E. SCHWARTZ Source of title who acquired title from Doris E. Schwartz as executrix of the Last Will and Testament of Carl J. Schaefer, deceased by deed dated 4/29/83 recorded 5/13/83 in Liber 9358 cp 325. Disposition We set fodh the additional matters which will appear n our po cy as exceptions from coverage, un ess d sposed of to our satisfaction prior to the closing or delivery of the policy. 1. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth herein. 2. Mortgages returned herewith and set forth herein. ( none ' ) 3. Any state of facts which an accurate survey might show. INSERT NUMBER 4. Survey exceptions set forth herein. 5. Affidavit of Title will be required on clos~pg. 6. Rights of tenants or persons in possesmon. There are no restrictive covenants, conditions or easements of record unless set forth immediately following. a)COVENANTS AND RESTRICTIONS Liber 4380 cp 100 amended in Liber 5143 cp 462 and Liber 5963 cp 7 as assigned in Liber 5613 cp 294 b)DECLARATION OF COVENANTS - Liber 8451 xp 77 c)ELECTRIC EASEMENT - Liber 5303 cp 50 (affects streets) 7. Require proof that the persons who are to execute the closing deed to be insured are the same persons as the grantees named in deed recorded in Liber 9358 cp 325. Closing instrument to contain the following recital: Being and intended to be the same premises described in deed to the party of the first part recorded in Liber 9358 cp 325. 8 o o Surrogates Court fil for Carl J. Schaefer (prior owner) has been ordered from Queens County for examination. Title is subject to questions if any, arising therefrom. ' cont ' d The closing requirements set forth on the following page are a part of this certificate and must be complied with. A duplicate copy of the exceptions [s furnished you with the thought you'may wish to transmit, with or without any of the olher exceptions in the litl~ repod, to the attorney for the owner of the property and thereby facilitate the cleadng ol the objections prior to closing. FORM 26-088-74-7(4/93) HYSLTA CERTIFICATE OF TITLE - PART 7 b~andard N.Y B.T.U. Form 8041' l-T8-40M-Conttact ol $~le CONSULT YOUR LAWYER Bq E SIGNING THIS INSTRUMENT--THIS INSTRL~T SHOULD RE USED BY LAWYERS ONLY. NOTE: FIRE LOSSES. This form of contract contains"no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made. the provisions of Section 5-131 I of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. THIS AGREEMENT, made the {r day of /~' nineteen hundred and ninety-three BETWEEN ' DORZS SCHWARTZ, residing at 1113 West Poplar Street, York, Pennsylvania 17404 hereinafter&scribed astheselter, and GAIL A. RERISI and VICTOR E. RERISI, her husband, residing at 9 Cat Hollow Road, Bayville, New York 11709 hereinafter described as the purchaser, WITNFzSSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot. piece or parcel of land. ' ' ' ' hown on the deed faces appended hereto. Seller represents that the lot is approximately .6 acres and is approximately 150 feet on Snug Harbor Road, 151 feet on Gull Pond with side measurements of about 185 feet and 170 feet. premises are vacant land and contains bulk-heading to be taken in "as is" condition. If purchasers determine that government regulations of any sort forbid building a one-family dwelling and garage on the premises, they may elect to cancel the Contract by writing to Seller's attorney and receive a refund of the contract payment. Said contract payment is to be held in escrow by seller's attorney until closing or other termination of the Contract. ~io-~-i~ht of cancellat~ o~-~ --~-,4 .... ~%_~,~___ ............. =___ ~n .~ '~ 1, 1993. · This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or' avenue opened or proposed, in front of or adjoining said premises, to the center llne thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said ~remises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on de.and, all proper instruments for the conveyance of such title and the ~ssignment and collection of any such award. i3ollars, payable as follows: on the signing of this contract, by check subject to co-llectio_n., the receipt of which is hereby acknowledged; in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; Dollars, Dollars, Dollars, rate of per cent per annum, tbe principal being due and payable by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or, at the note secured by a purchase money mortgage on the above premises, in that amounl Dollars, the seller, a per annum payable together with interest rate of per cent 3. Any bond or note and mortgage to be given hereunder shall on the st~mdard forms.of New York Board of Title Underwriters for mortgages of llke llen; and shall be the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recor( fees. 4. If such purchase money mortgage is to be a subo e mortgage on the premises it shall provide that it shall be subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated which may be placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the inte thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof sha] the amount of principal owing and unpaid on said existing mortgage at the time of placing such new mortgal consolidated mortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the princ Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter the regular installments, if any, of p?incipal payable thereunder and shall further provide that the holder on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements such subordination. 5. ]rf there be a mortgi on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed acknowledged by the holder of such mortgage and in forrfi for recording, certifying as to the amount of the unpaid and interest thereon, date of maturity thereof and rate of interest thereofi, and the seller shall pay the fees for such certificate. Should the mortgagee be a bank or other institution as defined in Section 274-a, Real Property the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or em- containing the information required to be set forth in said certificate. Seller represents that such mortgage in default at qr. as a result of the delivery of the deed hereunder and that neither said 5n. ortgage, nor any modification 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. any state of facts a survey may show provided that same does not render title unmarketable. e, covenants and restrictions of record provided same do not prevent erection and use of a one-family dwelling and garage. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. 9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess- ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. 0. The following are to be apportioned: c.r rc:,,c;,'a~a e.f test.:, c::;;irL~g 'i:.:i::'to the :!:find. (d) Taxes and sewer rents, if any, on the basis of the fiscal year for Git3 o! York. 12. If there be a water meter on the premises, the seller shall furnish a reading~9, a date not more than thirty days prior to the time herein set for closing til~nd the unfixed meter charge and the unfixed s~rent, if any, based thereon for the intervening time shall be apportioned on'~l~ basis of such last reading. 13. The deed shall be the usual Bargain and Sale with Covenant Against Grantor' s Acts deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. its Board of Directors authorizing the sale and dehvery of the ~~ ssmant Secretary of the corporation certifying such r~ in conformity with the requirements of S~ a recital sufficient to 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate otficer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. 15. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title. 16. The seller shall give and the purchaser shall accept a title such as anAz , ~:Member of the New York Board of Title Underwriters,tis willing to approve and insure. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. sented to be owned by the seller, free from all liens and encumbrances e~n_ th~s__s,~_le.; without limiting the generality of the foregoing, su~clucle plumbing, nearing, lighting and cooking fixtures, ~o~ .aerials, bathroom and kitch~s' md°w boxes, storm 19. The amountof anyunpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and dis- charge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the nsured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the ~losing separate c~rtifled checks as requested, aggregating the amount of the balance of the purchase price to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to tit e if the seller shall comply with the foregoing requirements. 21. If a search of the tith discloses judgments, bankruptcies or other returns against other pers°ns havlng names the same as °r similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey tlth in accordance with the terms of this c°ntract, the s°le liability °f the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay' the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of a~y survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the office of DeWitt & H±gg±ns ~ . 14 Maple Street, Port Washington, NY 11050 at 10:00A.M. o'clock on/about~ 19 93 . 24. Tbe.parties agree that no broker is the broker who brought about this sale a,i~ 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investi~ gallon, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser .has n,s, pected the buildings stand ng on sa d premises and is thoroughly acquainted with their condition and agrees to take title as is and in their present condition and subject to reasonab e use, wear tear, and natura deteriorat on be ween the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to ~.pply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN '/Vl'I'NF.,.~ ~t/FIEREOF, this agreement has been duly executed by the parties hereto. In presence of: ~ ~__~~.~ f.._~01_~est _7~h Street_ ~Oct. 25, 1962 l~-.Plainfield, New Jersey .Page 3 ~.GRANTED permission to.reduce.front~ard ~etback _on southerly side of.property to property i. ~o.. 32, Cleaves Point Section/, East~arion~ _.New York. / ~ soUTHOL.~., ISLAND LOTS ALONG DAWN LAGOON: CTM Lot #38.1 (prey. 38 & 39) M~litor (Subd. Lot 32+): no map provided (built 1962) CTM Lot ~37 Reris[-(note:~ dual bulkhead) (Subd Lots 33 g 3~) vacant land CTM Lot ~3~ Corva 12/79 (Subd. Lot 5~): 50' to outter bulkhead CTM Lot #33 Weston (Subd. lot 55): 60' to bulkhead/Dawn Lagoon {1977 var: sideyards}) CTM Lot #28 Stocker var: (Subd. Lot 59): 50' to bulkhead (1986) CTM Lot ~26 Benedetto (Subd. Lot 61): 6~ ft. to house now; 50" to deck CTM Lot #20 Collins-var: (S~bd. Lot 67) 50' to bulkhead (1990) CTM Lot #17 Gull Pond Corp. (Subd. Lot #70) ~2 ft. to bulkhead (1987) CTM Lot #16 Breneisen (Subd. Lot ~f71 ) ~0 ft. sw,pool; 30' to deck Please sea copies of surveys/maps on file for reference in each of the following q/6/9~ ZBA Hearing folders: Brehm Benedetto Rerisi. JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 DATE RECEIPT 0 4 9 8 9 4 DCASH BY:~- BOARD OF AP~?~E~LL-S, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Sou~hold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~..~e.-~.r.j: .~ntention of the undersigned to petition the Board of Appeals of the Tow~ of Southoid Permit) [circle choice] Other ) to request ~C(variance)~6pecial Exception) (Special 1. 2. That the property which is the subject of the Petition is located adiace~nt to your property and is des- cribed as follows: ~::)~TC~,xC-~ %OOO~ %~CT~O~ o'~ ~uoc~ ~3 LoTD7 3. ~haz {he proper~y which is {he subiec{ of such Petition is Ioca{ed i. the foilowi.~ zonin~ diszric{: 4 That b~ such Pelifion, the undersigned will request the following relief: I ~ LI ~ P ~ ~O ~ $. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are K:ticle ~ecr-Lon [ ] 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 be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. {516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' ~rC'L ~; I~q Petitioner 0whets' Names: Post Office Address q C~ct ~ou~-ow [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~ Z 760 487 760 467 816 ~ Reoeipt~or Receipt for ~ Certified Mail Certified Mail ~ Do no ance Coverage provide9 No In~S~se ~or ~nternational No Insurance Coverage Provided ,~.~c~ (See Do not use for International Mail (See Reverse) STATE OF NEW YORK COUNTY OF SUFFOLK SS.: 'V'icTe ,~°e~is; .residi"gat q Co?r HD~-£O(.t3 ~'~0t~r~. ~O~V~ tlC, t"~ '~1- I)~ , being duly sworn, deposes and says that on,he {S*k day of ~? ~ , 19 ~t ~ ,'deponenl mailed a true copy of the Notice set forth on the re- verse side hereof, ~irected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite ~he names of said persons are the addresse~ of said persons as shown on the current assessment roll of the.Town of Southold; that said No/icm were mailed al the United States Post Of- (certifie~d) (registered) mail. Sworn to before me this ~ 55/`` day of ?vi ~LcCJ~ , 19-C~ Notary l~ublic ; that said Notices were mailed to each of said persons by lb, E2-4824~71 OuMilbd hlW Coumy. 0~/ Coftml~ Eq~ir~s Nov. 30, 19 '/'-7 (This side does not have to be completed on form transmitted to adjoining property owners.)