The URL can be used to link to this page

Home My WebLink About4176 APPEALS BOARD M~MBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supendsor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4176. Upon application of JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. WHEREAS, a public hearing was held and concluded on June 22, 1993; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the foll6wing Findings of Fact: 1. This application is an appeal of the May 6, 1993 Notice of Disapproval issued by the Building Inspector for an existing open, unroofed deck addition extending 16 feet off the rear wall and having a width of 22 feet, and an attached open walkway six feet off the southwesterly (side) wall of the dwelling, all as shown on the sketch submitted with the application. 2. The property in question is known as Lot No. 14 on the Map of Gardiners Bay Estates, Section Two, filed, with the Suffolk County Clerk on September 23, 1927 (prior to the enactment of zoning). This lot is further identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 03, Lot 007, and consists of an area of 4,638 square feet and lot width of 40 feet along Old Orchard Road, East Marion. 3. The portion of the deck construction necessitating relief as to rear yard location is shown by applicant to be at a setback of 20 feet from the rear line (instead of the required 35 feet). Also, the open wooden walkway at the southwest side ~'Pag~ 2 - Appl. 4176 'Matter of JOHN CONNIE CRONIN Decision Rendered June 22, 1993 is shown by applicant to have a setback at 1.7 feet (or slightly more) from the side property line, which is closer than established nonconforming sideyard of the dwelling at 6.6 feet. The lot coverage is calculated at not more than 32 percent of the land area, (although the figure furnished by the applicant's attorney is 1,472+- sq. ft. which is slightly less). 4. It is the position of this Board in considering this application that: (a) the circumstances are unique to the substandard size of layout of this property and are not personal to the landowners; the floor less than (b) the relief requested is not substantial - and area of the dwelling as exists is 792 sq. ft. which is today's minimum requirement of 850 sq. ft.; (c) the relief requested will not alter the essential character and is in harmony with the intent of zoning; (d) there is no other method feasible for appellants to pursue other than a variance - the land area is very small and cannot be increased in size; (e) the benefit to applicant is minimal and will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance; (f) the proposed variance Will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (g) the deck and attached walkway which is the subject of this application is existing, and although the difficulties claimed may be considered in some respect as "self-created," this Board finds that this does not preclude the granting of the relief ~ in light of all of the above findings. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED to GRANT the relief requested (and described in the above findings) for an open, unroofed deck with side walkway, as exists, subject to the following CONDITIONS: 1) This relief is limited to an open, unroofed, unenclosed deck and side walkWay, as requested; Page 3 - Appl..N~4176~ Matter of JOHN L CONNIE CRONIN Decision Rendered June 22, 1993 2) There shall be no expansion or extension of the deck and walkway - unless further consideration, after formal application, is obtained; 3) Any and all outside lighting must be shielded to the property without glare to neighboring areas. Vote of Villa and Wilton. was duly adopted. lk the Board: Ayes: Messrs. Goehringer, Dinizio, (Member Doyen was absent.) This resolution /GERA/%D P. GOER~INGER, C~ RECEIVED AND FILED BY THE SOUTIiOLD TO%VN CLERK DATE f ~/73 HOUR Town Clerk, Town of Southo!d APPEALS BOARD NfEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor 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 th~ 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 TUESDAY, JUNE 22, 1993 commencing at the times specified below: 1. 7:30 p.m.. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with .reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 ~ Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5. 7:45 p.m.. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice of arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Ma~ Parcel No. 1000-52-1-8; also referred to as Combined Lot 91 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice ofWarings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April~29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. subject premises consists of 10.5+- acres and is located in the R-80 Zone District. 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 call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date .... Hay. 6, : ..... 19 93 To JOHN J.: CRONIN & l/IFl/ 6 SItORT CO1/RT EAST NORTBPORT, N.Y. 11731 PLEASE TAKE NOTICE that your application dated ...... I~.OVE~BER 1 I, 19 92 for permit to CONSTRUCT A DECK ADDITION TO DI/ELLING Lo'cation of Property 2055 OLI) ORCHARD ~ EAST I~ARION, N.Y. hf~s'~ ~io~ ....................... 'S'd~ i ............................ 7 Hamlet County Tax Map No. I000 Section ..... .3.~...' .... Block .... .3. · .... Lot .............. Subdivision ................. Filed Map No ................. Lot No.. ' ......... is returned herewith and disapproved on the following grounds In~ER ARTICLE IIIA ' SECTION 100-30A.3 DECK CONSTRUCTION HAS INSUFFICIENT REAR AND SIDEYARD SETBACKS,. ALSO EXCEEDS PERMI'rr~.D LOT COVERAGE. iii ..... ;i;;~;;"~ .... -; ............... ~";: ..... . ..... .. .ACT IRE BY it~ ZONING OF PE S. TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOl~q CLERK'S OFFICE SOUTtIOLD, N,Y. NOTICE OF DISAPPROVAL Date ...O~q.E3~..~.~, ..... 19 92 To ~otm L. CRONIN ~ WIFE 6 SRORT COURT EAST. NORTHPORT, N.Y. 11731 PLEASE TAKE NOTICE that your application dated ...~9..V,-,-fi~..~. ! ! ~ ............ 19 .~.. ~r permit to CONSTRNCT A ~ECK ADDITION TO DWELLING Location of Property ... 2055. OLD. 0ggltb-~..I, tt~. . ~..Mfi.~...~QN, .~:Y. . House No. Street Hamlet County Tax Map No. 1000 Section 37 Block 3 Lot ~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llowing grounds ....IJ~.g~..AgT[q .I~.'l[l& ........... SECTION 100'30A.3 DECK CONSTRUCIION HAS INSUFFICIENT REAR AND SIDEYARD SETBACKS, ALSO EXCEEDS PE1L~ITTED LOT COVERAG~ ACTION REqUlRE~ BY ~t~;,. ZO~ISG BOARD OF 32PEALS. .......... ,,,,Bu ± ~J/Z ng Inspector THOHAS J. FISIIER Rv 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ................. 19... Pemlit No ..... ; ...... eBOARD OF tI£ALTII ....... 3 SETS OF PLA~S CIIECK ........... SEPTIC FORH CALL HAIL : · _- (Building Inspector) · ~,PPLICATION FOR BUILDING PERMIT Date ........... ].1.., 19 INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter orin ink and submitted to the Building Inspector, with 3 ts 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 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. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be kept on the premises available for inspection throughout tile work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~11 have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Buitding Permit pt/rsuant to the ihlmg Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or mdations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described· e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ,nit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) ~te ~vhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. m,e of owner of premises .., .~.o/ff..A./ (as on the tax roll or latest deed) applicant is a corporation, signature of duly auth~orized officer· (Name and title of corporate officer) Builder's License No .... ,(~.../~.~ .~ ............ Plumber's License No ......................... Electric an's License No Other Trade's License No ...................... Locali?~of~and on which proposed work will be' done .... .~.Q~..' .~.~... ~. ,.~.~..~7.~..~.t. . ' 6~ o ~,b ...................... . ........... Iloule/qu;,;ber .......... itreet Hamlet 3 .7. Cotlnty Tax ~ap No. I000 Section ....... . ........ Block ................ Lot ................. Subdivhion ..................................... Filed Map No ............... Lot ... (Name) ............ State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy /f~..~..[..~.. 01..17) In,ended u, and occupancy .............. ...... · ' ' ~C," ":.' ' ' ' _.!:1 ' ' ' ~'e 6f work (check which applica~e): New Building .......... Addition- .......... Alteration ..... ~.- · · t ,~pair .............. Removal .............. Demolition .......... Other Work .... (Description) 4. Estimated Cost . . .4. .~).~. .. .~. .. ........................ Fee ....... 4~.D.:.O?. ....................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... / ........ Number of dwelling units on each floor .... .~..~. ....... · If garage, number of cars ........................................................................ 6. If bus ness, commercial or mixed occupancy, specify nature and extent of each type of use ........ 7. D menmons ol exmtmg structures, ffany: Front....b?$t .,5.. ...... Rear . . ./.~ ,.~. ...... Depth ...v~.,.,~ ....... Height .,./,~.. f. ........ Number of Stories ....... ~'_ ................................. : .... , ......... Dimensions of same structure with alterations or additions: Front .. ,~.-:., ~. ......... Rear .... /.~.,.~. ......... ·/,Y. ..... / ......... Number of Stories ....... /. ....... ~ ...... Depth ....5~. ,~ ! .............. Height ... t 8. Dimensions of entire new construction: Front ..... /.~. ~,,/. ,/~.... Rear ..... /.~,../.~ .... Depth .. / .... /~. ..... Height .. fi/f9. ......... Number of Stories ....... ./.~/(~. ................ ./.. ................. '.. ...... 9. S,ze of lot. Front ..... frO..: ............ Rear ..... . .~..O.t. ........... Depth .... //~5~.,.9'.,.?.-. ~. ......... O. Date of Purchase . ... ,,~'.~-.7.7~.../.<]~ ..... ......... Name of Former Owner . ./~LtC~-'-~..~.'.~.'°c,~'.-~-~r3 .~. ...... I. Zone or use district in which premises are situaied .......................... ;/. ......................... 2. Does proposed construction violate any zoning law, ordinance or regulation: ... ,,~./O ......................... 3. Will lot be re,faded . .,4/.~ ..... Will excess fill be removed from premises: L"%'"'Y~es) No 4. Name of Owner of premises ~d:vWM. ~5.~'~&Ya .... ~ rd~-sess .. Fa .-,.5_/g0g/...~,~.... Phone No. o.~6~.~. ,5..Q .~... Name of Architect ~ .......................... Address ..... .~.. fl.~.~/PJqdAL~.. Phone No ................ Name of Contractor ...,5~Z, .~. ............ ' .....Address ................... Phone Nj> ................ 5. 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 proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether ~terior or corner lot. i ATE OF NEW YORK,__,, . ~ ~ ~UNTY OF · O.~£~..c~-6. · · · ·. .At..Sd.;q .A4(~.. ~ ....~ being duly sworn, deposes and says that he i* the applicant (~a~ of individual signing contract) ~ve named· .... ............................................................................... (Contractor, as~nt, corporate office~, otc,) said owner or owne~, ~d is duly authorized to perfo~ or have perfo~ed tl;e said work and to m~e and file this dication; that all statements contained M this application are true to the best of his knowledge and belief; and that the ~rk w~l be perfomed in the re=ncr set forth in the application filed therewith. om to before me this ~W Public. State ~ N~ (Signature of applicant) No. 49~9~ _ Quslified in Su~ ~ _~; [ Commi.~n E~ir~ ~ 1~ I~ RECEIVED It) JUN 0~: 1993 TOWN OF APPEL FROM DECISION OF BUILDING INSPE~OR APPEL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We) 4Ye~Z/.~..:~.C~..X~.~....~....~...O..~...~..~.....of ..... .~. ~/Z~..~ .F..~.~.~ ............... Nome of Appellant Street and Number .... ...~.~I.~?-,,,....~..~,.,~..,)-~.,~.~).,~..~ .......................................................... .~,,,z~.. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... /..?./~./.~......b~.. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. Nome of Applicant for permit o~ .Z~.....~./~£.~....~......~r.. .......... ~.~z..W..~.x..~..~.~ ........ .~../.. ...... ..//..7.~/.] Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .c~...~.......~..Z-..~...~..~.~/.~..~.~.....~-~../~...~.. ......... ~.~.~......Z~..,~..-~AJ Street /Hamlet / Use District on Zoning Map District 1000 Section ~7 Block~ Lot 7 ~ .......................................................... uurren~ Owner ~#~ Map No. 'Lot No. Prior Owner Zuc_~LZ~- 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.) Article Zr_z~/9 Section /00 -~/9.,~ 3. TYPE OF APPEAL Appeal is made herewith for {please check appropriate box) (v~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. !6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision of the Building Inspector .or with respect to this orooerty. Such appeal was ( ) request for a special ~ermit ~ ) 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 Form ZB! (Continue on other side) /Nt-,i~ ~L~u~.¢. ~.'~(CucTt)~-~ ~-~ ex~ ~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso scry HARDSHIP because '~P..C~-,,,~,.~C ~ [ ~D o~"~ [~ ~ ~ ) ~ 2. The hardship created is UNIQUE end is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI$1KICT because ) ss .... .... COUNTY OF ~oLJ~. ) Signature ............... ~ry ~ PI'IYLUS AUSClO Notary Public, State of New No. 49-82251 Qualified ir' Suffolk County ~, Commission Expires May 28, 19~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET _/.~. 0~.~ ~ VILLAGE DIST SU~ . ~OT ,FORMER. OWNER ,, , N E ACR, , J S W . TYPE OF BUILDING ~ES. Q~ (~'E~ VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BEhOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE O~ WATER Brushland FRONTAGE ON ROAD V ~ ' ~' ~ ~ ~ ~ House Plot DEPTH i 0 ~ I BULKH~D · , ~ ~ DOCK rotal COLOR M. Bldg. Extension Extension I Foundation Ext. Walls Fire Place Type Roof Roo~ Dormer Driveway Bath Floors Interior Finish Dinette LR. Total Patio Garage . Breezeway Extension Heat DR. Rooms 1st Floor BR. Porch o ~' ~- ~- : ,? .? ~, 76' Rooms 2nd Floor FIN. B. Porch SURVEY OF LOT 14 SECTION TWO GARDINER'S BAY ESTATES , AT EAST MARION ,~./ TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000- 37- 03- 07 Scale: 1" = 20' Jan. 10, 1989 . 88. 656 \ DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J, GAfFNEY SUFFOLK COUNTY ExecuTIVE Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Buckner, Thomas W. Cronin, John & Constance 4171' 4176 *Appeal No. 4152 is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pl~rsuant to Article X/V of the Suffolk County gx~ninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~m~ssion: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.3 __Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __Special Permit Appeal No: 4176 Applicant: John and Constance Location of Affected Land: [055 Old Orchard La., County Tax Map Item No.: 1000- 37-3-7 Within 500 feet of: Cronin East Marion, NY "Town or Village Boundary Line XX Body of Water (Bay, Sound or EstUary) State or'County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or ..Within One Mile of a Nuclear Power Plant Within One Mile of an Airport -- approval of Comments: Applicant is requesting ~rxmk~k~.~ rear and side yardg and in excess of lot coverage limitation de.ck with insufficient ~opies of Town file and related documents enclosed for your review. Dated: July l, 1993 APPEALS BOARD MEM_BERS 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 June 30, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Philip J. Cardinale, Esq. Jamesport Center P.O. Box W. - Main Road Jamesport, NY 11947 Re: Appl. No. 4176 - John and Connie Cronin Open Deck with Side Walkway Dear Mr. Cardinale: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our June 22, 1993 Regular Meeting. Please be sure to return to the Town Building Department for issuance of other documents as may be appropriate under the circumstances. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning the issuance of the May 6, 1993 Notice of Disapproval. Also, since this project is located within 500 feet of the Great Peconic Bay, a copy of this file has been referred to the Suffolk County Department of Planning. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced Pres e n t : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 35 22, 1993 APPLICATION NO. 4176 - JOHN AND CONSTANCE CRONIN Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 8:22 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: We have a copy of a survey again produced by Peconic Surveyors; the most recent date is January 10, 1989. The nature of this application is a wooden deck and shower area on the southeast side, and I think it is the northerly side of Old Orchard Road. The wooden walkway and deck to the south are approximately eight inches off the ground by physical inspection 6 to 8 inches. The deck may be just a little bit higher than that in the rear of the dwelling, and in that one sideyard area. Who is representing the applicant? How are you, Mr. Cardinale? Appearance: Philip Cardinale, Esq. Jamesport, NY, for the Applicant MR. CARDINALE: Good evening. I am representing the Cronins, who asked me to appear. As you know, we need a rear yard and sideyard and a lot coverage variance. The history of this is that it was interpreted by the next-door neighbor and ZBA HEARINGS 36 June 22, 1993 both Mr. Cron±n and he have the mistaken belief that if you are on the ground with the deck, it is really not a deck-- it is like a patio. So that is how this whole problem developed. As to the lot being pre-existing and nonconforming, as is the house, so a conforming deck is, I think, impossible. The practical difficulty and uniqueness is essentially the size of the lot, and the unnecessary hardship issue is essentially the fact that they did this in ignorance, thinking this was essentially not a deck but a patio; and apparently this is consistent with the character of the neighborhood because they are all small lots, and I think there are several decks --at least they tell me there are several decks in the rear. This is a few inches off the ground. The deck is inconspicuous; it is in the rear. THE CHAIRMAN: Are we abolutely sure that this deck is' one foot inside the property line? MR. CARDINALE: Yes. The reason we know --incidentally, I believe the person who built the deck is the fellow whose property line it abuts. THE CHAIRMAN: MR. CARDINALE: to keep it a foot off. THE CHAIRMAN: the patio area? I see. Steve Vessy (phonetic), he made sure I see. Okay. The protrusion out from ZBA HEARINGS 37 June 22, 1993 CLERK KOWALSKI: Out from the house. Is that five and a half feet then, or is it six feet out from the house on the side? MR. CARDINALE: CLERK KOWALSKI: MR. CARDINALE: On the side line? Yes. It is, out from the sideline, she told me, I believe she indicated it was a foot off, so that would make it a foot and a half, 5-point-6. I will verify it with the neighbors. THE CHAIRMAN: MR. CARDINALE: THE CHAIRMAN: Would you do that please. Yes, surely. Thank you. Does anybody have any questions of Mr. This is unbelievable. MEMBER WILTON: MR. CARDINALE: They took title in '89. Cardinale? You guys are speechless tonight. When did this occur? I believe about a year or two ago. So it was certainly since '89. I indicated it was over a year ago. then? THE CHAIRMAN: So you'll just get back to us on that MR. CARDINALE: line, talk to Mr. Vessy. THE CHAIRMAN: else who would like to speak Yes, I'll let you know the exact side Thank you very much. Is there anybody in favor or against this ZBA HEARINGS 38 June 22, 1993 application? Seeing no hands, I will make a motion closing the hearing, waiting for the information from noted counsel. (Seconded and carried; see Clerk's minutes.) 122-4744 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Att: Linda Kowalski June 23, 1993 Re: Cronin Variance Application 6/22/93 Hearing 6 Short Court, East Northport, NY Dear Linda: Pursuant to your request, please let this confirm that the ground level wood deck and walkway regarding the above are at least 1.7 feet off the abutting neighbor's lot line. This has been verified by my client, by the abutting lot owner, Steve Vesey, and can also be confirmed by extrapolation from the survey itself. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to phone. Sincerely, PJC:jf SURVEY OF GARDINER'S BAY ESTATES , A T EAST MARION / TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. I ~. ,.~ NOTICE OF NOTICE IS HEREBY GIVEN, pursuant W, Section 267 of the Town Law and the Code of the Town o1~ SouthoId, that the following public hearings will be held by the SOUTHOLD TOWN '~OARD OF, APPEALS, at the Southold Tovgn; HalL, 53095 Main Road, Southold, 'New York 11971, on TUES- DAY, JUNE 22, 1993 com- mencing a~ ~he times spe¢i~ed. below~ . .~..~"~ ~' ; :~- ~:30 p.m~ Appl. No. 4172 - JANET A. FERGUSON. Request for Variance to the Zoning Ordinanc~ Article Sectiqn 100d01: (Bulk Schedule) for permission to construct ,.; single-family residenc~ (i~ fi&u of construc- ting business building .with reduced setback and side Y~ds as noted in Appeal No. ]705 issued March 8, 1973). Thi~ parcel c~nd~ts of 34,550msq. ft. ~w~erty: ~esterly side of ;Central. ~ Avenue '. Fishers :,2&3 735~m THOMAS ~,. B~CKNER,. ;Pcopert~ r~caii$%Pdvate Road °rr 'Efist ;;End .Road, Fishers Island, NY; County T~ Map ~rcel No. 1~-010~5-2.2. (0 ~pPl. No..4152 - R~ue~ff for ~ Variance under Artick XXIII, Section 1~-239.4(C~ to permit addition to dwelling with an insufficient setback from freshwater wetlands; ,' ~ for a variance under. Article Schedul~ for permission to construct Wedterly ahdition't° dwelling with an insufficient side yard setbaek in this R-~2~ zone district. ~ :~3., M~I~GIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessor~ garage in the front yard area. This parcel technically has two front yards. Location of Pro- perty: 3180 Duck Pond Road, Cutch0gue, NY; County Tax !?.Map ~Parcel . No. i000~83;2-19.7 ~' '45:7:45 p.m. Appl. No. 4172 - CROSS STITCH CAT LTD 'and ALLBOBRIC:K REALT5 CORP. Request for approval of square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned H~.mlet-Business and is iden- tified ag Suffolk Cbunty Tax; ;~ Map ' parcel 't No. 1000-114-11-9.3, !. 6, 7:50 p.m. Appl. No. 417i) - THEODORE AND MARIA PETIKAS {as ;contract vendees). (Owners: John Phil!!pedes, and others). Re- quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV,: Section 100-244B, for permission to locate new dwelling structure with an sufficient setback from the .bank along the Long Island Sound and sideyards at less than the required 25 feet. This i application is a new location ~ different from. that considered and alte;natively granted un2 der Appeal No. 4078 rende~xt :April. 22~: 1993. Location of/ Property:, North .Side of Soundview. AvenUe, $outhold, NY; County Tax Map Parcel - No. 1000-13571-27. This parcel is nonconforming as to total lot area at 11,000+ sq. ft. 7;. 7:55 p.m. Appl. No~ 4174 -HENRIETTA AND AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for: approval of nonconforming lot. area of two parcels in the pending al}- .phcatmn for re-d~vmon of land. Location oL Property: 270 Private Road, g6, Laure}, NYi C°~nty 2hx Map Parcel No. 1000-128-4~9, ~5 and 16. Total area combined is appmx-~ .imate!y 23'00%square feet' ~.8 8:00 p.m. Appl. No. 417~6~ ~;~OHN nSV CoNsTANcE~ , ROmN.'.} Re ue t for Variance to fhe ~[ing Or- dinance, A?tlcle IliA, Section 100-30A.3 for approval of ~leck with insufficient tear and side yards and in excess of lot coverage limitation. Location of Property:' 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. Oi'~ 9. 8:05 p.m.. VARUJAN ARSLANYAN. Request for · Variance to the. Zoning Or- dinance, Article XXIII, Sec- tion 100-239.4 as amended May 20, 1993 ' ' to construct open deck-spa ad- dition with an insufficient set- back from the bank along the Long lslanfl Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone Di,strict. iLocation 'of Property: 54455 County Road 48,.. ~ Gr~enp0rt (nea~ Southold); County Tax Map Parcel No. 1000-52-1-8;' also referred to as Combined Lot #1 & 2 on the Land M~ap of Young & Goodale. '10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2~ 1993 Notice of Disapproval issued by theI Building InspecWr~'for ~ction~ by .the.B~ard 0f.~p, peal,~ under the'definiti0n of fam?,J ly" a~ Sectiofi 100-13 for a}' dete~'hiinafion that piemises~l may or may not ,be occupied~ by up~, to eleven (11~. 'persons~' unrelated by b!ood, marriage 0r ad0ption. L~cation' of Pro2 ' petty:. 6760 Sound Avehu¢ Mattit'tlcl~','NY; County Tax~ Map ,Parcel ~o. 1000-121-4-8.1; '~al~6'i'eferred ti~'a~ Lots #1 and //2 of the Minor'Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. ,;, 211.8:20 p.m. ~Appl. N6. 21169' d Application by GORDON PRICEseeking a Reversal of Building Permit #21375Z issued by the Building Inspec- tor on April 29, 1993 to Mark an,cl M.,ary. Bess; Phillips, · Owners? 15n ~he' ~r3u'nit~ that ..applicant misrel~re~ented that ~the ~ro-posi0 U~e is a~i'icultural building; 'Ariicl~' III, Section I00-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R;.25), 'Orient, NY; Cot/~ 'fy Tak Map' Parcel."No)] 1000-018-06-005. ' Subject premises consists of 10. Sqz- acres and is located in the R-80 'Zone DistrR:t. :~' '~,'~The Board of Appea}s'~vill ~t'said time and place hear any and all persons or represen- t tatives desiring the above n~atters. Written comments may also be' sub- Mitted prior to the conclusion .of the subject hearing, Each hearing will not'start or need to request more informa- tion. please call 765-1809 or visit out .Dated: June 8, 19~)3. ~ ,~BY ORDER OF THE ~' SOUTHOLD TOWN :.BOARD OF APPEALS GERARD P. GOEHRINGER :;; ~, ,~ ?,~ CHAIRMAN ~ ~ ,* ~ ..~ by ,Llnda Kowalski .<~ ,..! .; , IX-6/10/93(49) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; :":;' -.. and that the notice of which the annexed is a printed copy, -..~. ,. has heen published in said Long Island Tra~/eler-Walchman '' / weeks once each week for. '.-.'i ...... '.. successively, commencing on tile Sworn to I)efore me Ihis ./~ ................... clay of i.i ' ,PgB .L-IC ,HEARISGS ~ :NOTIC~ IS H~REB~ GIVE~, pu~uant ta Secfiow 267 0f the TowB ~w and Code ;o~ the Town of~ SoutfiO(~ t~;t the fOllOWing public h~rin~ wiR ~ held ~ the SOUTHOLD TOW~ BOARD:OF ~PPEAL~ the Southold. Town. Hall, 53~5 Main Road, Southold,. N~ %rk 119~1, on TUES- Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Slate ol L'~w York No. 480C346 Qualified in SuRolk County Commission Expires gj3tpW MANGIAMELE; Request for! variance underArticle IliA,' Section 100-30A.4 000-33) for ~ permission to locate accessoq~ iarag~ in the front yard area~; This parcel technically has two front yards. Location of Pro-, perry: 3180 Duck Pond Road~ CutchOgue, NY;~ County. Tax;~ Map's. parcel Nm 1000-83~2-19.7~' , ~ ~ ;5~ 7:45 p;m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRIOK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as pro~ posed. Location of Property: 13400 Main Road, Mattituck,i NY. Subject premises is zoned' Hamlet-Business and is iden- d as Suffolk County Map' parcel N,o. -114-11-9.3/~: , :' 6. 7:50 p.m. AppL _N.o: 4_1?? V~riance Wl/he Zoning Or- dinance. Aflicle IllA, Section ~00-30A,3 for approval of deck wi~h insufficient rear and, side yards and in excess Of lot~ coverage limit/dion. Location. of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax MaP ParJel No.. 1000-37-3-'~.~' :~ ¥ ~ ~)~ 8:05 p.m~i'iVARUJA ARSLANYAN. Request for , VarianCe to the Zoning' Ori~ dinance, Article XXII1, Sec~, tion 100-239.~ as amended~ May 20, 1993' fOr PermissioP/' to construct open deck-spa ad7 dition with an insufficient set- back from the bank along the~ Long Island SoUnd The area and Width of this parcel., are nonconforming and are~ ioc~ted'in'th~'R-40 Residential Zone Distric~ocation Property: 544~ounty R~ad peemises consists of 10.5~c~ acres and is located in the R-80 ' Zone DistriCt. :, / ; ,; .., The Board of Appeals wall' m said time and place hear any: and all persons or represen- - tatives desiring to be heard on/ the ab°Ve matters. Written comments may also be' sub; mitred prior to the conclusion of the Subject hearing. Each hearing will not start h~.r.~.:~ the tiln~S cli~i~l~ted above. you wish to review the files or~ need to request more informa- tion please call 765-18~ or visit our Dated: June 8,~1993,, ~:.'; . BY ORDER OF THE ~'il ' SOUTHOLD TOwN : BOARD OF APPEALS. GERARD P. GOEHRINGER .,:. CHAIRMAN / i ~by Linda Kowalski tx-6/t0/93{49) APPEALS BOARD MEMBERS Gersrd P. C~oehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 ]993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms~ obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele 3180 Duck Pond Road Cutchogue, NY 11935 Mr. and Mrs.'Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 (Re: H. Mormile) (Re: P. Stiefer) Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. obe t . V'll Ricl~ar~[ ~: ~l~ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ,June 4, SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4176 Project/Applicants: John and Constance Cr0nin County Tax Map No. 1000- 37-3-7 Location of Project: ]055 01d Orchard kane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck with insufficient rear and side yards and in excess of lot coverage limitation 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VFFAL 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 4, 1993 ZONING APPEAL APPL. NO. 4176 - JOHN & CONSTANCE CRONIN Transmitted herewith is Zoning Appeal App. No. 4176 - JOHN & CONSTANCE CRONIN together with the cover letter from Cardinale & Cardinale, the Notice of Disapproval from the Building Department, a letter from the Board of Appeals dated April 26, 1993 to Philip J. Cardinale, Esq., a copy of the Application for Building Permit, the application for Certificate of Occupancy, a copy of a letter from the Buioding Inspector dated January 17, 1989, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the deed, a copy of the Survey Map and 4 pictures of deck on property. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by A~131icant or Proiect sl3onsor) I SEQR 5, IS PROPOSED ACTION: [] New [] Exoansion [~'Modlflcaflo~laReration 6, DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF LAND AFFECTED: 9. WHA iS PRESENT ~NO USE IN VlCINI~ OF PROJECT? ~esiaenBal ~ Inaustriai ~ Commercial ~ Agriculture ~ Par~ForesuOgen s;~ce ~ Other I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete tr~e Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.y.s' Enviro~men:al Quality Review Act requires submission Of this form, and an environmental r~v~ew will be mane by thls ~oard before any action is taken. SHORT ENVIRONMENTAL ~SSESSMEN~ FORM INSTRUCTIONS: (a) In Order ~o answer the questions in this short EA~ 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, researc~ 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 : ~roject is not signifioant. (d} Environmental Assessment 1. Will project result in a larce physical change to the project site or uhvsi~ally'alter more than 10 acres of land? ' 2. Will there be a major chance to any unique or un~ual land for~ on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Yes Yes Will project affect any threatened or endangered' plant or animal specie~? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-~Yes known to be important to the community? ~_Yes /No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site desianated as a critical environmental area by a lo¢~1 agency? 10. Will project have a m~jor effect on existing or future recreational opportunities? ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a resul~ of the project's operation? ~Yes 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by ~Yes _~o directly causing a growth in permanent poDula tion of more than 5 percent OVer a one-year period or have a major negative effect on the . o charact~ of the community or neighborhood? ~. Is there public controversy COncerning the project? /No No QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate mar~e~ ~or ~ salp or being shown to prospective buyers? { } Yes { J} No. (If Y~s, pl~se ar-tm~_h c-upi of "conditions- of ~e.) C. Are therm/~omals tm ~ange ~ alter l~d c~tc~u? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? ~d~ 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea=ed beton 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 ]urlsdzctlon. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~/69 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which ew~=t and are not mhuwn ~n the survey map that you Ara submitting? ~,~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~/O If yes, please submit.a copy of your building permit and~ap as approved by the Suilding Department. If none, please state. H. Do you o~/any co-owner also own other land close to this parcel? /~O If yes, please explain where or submit copies of deeds. I. Please list present operations conducted at this parcel ~bj~r~4 ~_use or proposed Use .~c~rr~l_ and Authorized Signature and Date 3/87, 10/901k § 97-t3 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEEs -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. No. 6-1984] 'gv-E ~-~"FDS [Amended 8-26-76 by ~ No. 2-1976; 3-26- DAL WETLANDS: (1) All lands generally covered or in~rmitt~ntly cov- ered with. or which border on. tidal wa~. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters W a maximum depth of five (5) feet. including but not limited ~ ban~. bogs. salt marsh, swamps, meadows, fla~ or other low lying lands subject W tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay. black grass, saltwort, sea lavender. ~11 cord~ass, high bush. cat,ils, groun~eL m~aHow ~d ~w (3) AIl ~d ~mmediate~ udjacent ~ a tidat w~land as defined in Subsection A{2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wet]and. FRESHWATER WETLANDS: (I) "Freshwater wetlands" 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 immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- ,n seventy-five (75) feet landward of the most land- ward edge of a "freshwatar wetland." 9705 CONSULT YOUR LAWYSn IlrOSl SIGNING THIS IHSTIIUMINT--THI$ INSTnUMINT SHOULD II UIID Iy LAWYIIS ONLY, TH~INDKNTUR~ madethe ~ ~y0t February ,nlnetee,th~dr~ and eighty-nine LUCILLE B. HARRIS, residing at 61-42 Whiskey Creek Drive, Fort Meyers, Florida 33919 ~rtyofthe~rst ~rt, and L. CONSTANCE W. JOHN/CRONIN and ~ CRONIN, 6 Short Court, East Northport, his wife, both New York 11731 residing at Pan7 of the re:nad pm, , %%? i I~F.g.q~l'ld, that the party ol the first Pa~t, in consideration of ten dol¼rs '"d ot~er qral~.ble conelderiG~ A.U. tJmt ~flilnplot,~ecenr par~lo! hnd, ~ ~eb~l~nfstndbnproven~u thereon erected, dtutn, , ty,n~d~nt~ot~nlocated at East Marion, Town of Southold, County of Suffolk and State of New York, known as and by the Lot %14 on a certain. map entitled, "Map of Section Two, Gardiner's Bay Estates, situate at East Marion, Long Island," which map was filed in the Suffolk County Clerk's Office on September 23, 1927 as Map Number 275. TOGETHER with the right to use the beach lying between Spring Pond and Old Orchard Lane 'and the Channel marked upon the said map as "Beach for use of Lot Owners" for bathing and similar purposes, 9nd a right- of-way over the beach to the water, subject to such reasonable restrict ions as may be imposed by Gardners Bay Company, Inc., or its Successors or Assigns, and such use to be in common with other persons to whom such rights may be granted as set forth in previous instruments of record. SAID PREMISES being known as Old Orchard Lane, East Marion, Long'island, New York. · SUBJECT TO covenants, easements and restrictions, of record, if any, provided same are not violated by existing structures. Premises are further described in annexed Schedule A. SEE ANNEXED SCHEDULE A T(~. E.TtI~R with .ell riK. ht, t!tle and in. rarest, if an.),, of the party of the Rrstpart in roads Ibuttm~ the I~v~ncscnbed premises to the center lines ther~l; ~ET~ER with the I~flenlnces and tn the estate &nd rights of the ~rty o( the Rrst pt~ in and to m~d prem,ses; TO HAVe'AND TO HOLD the praises herein Kriflled unto Ihs put7 oK ~e second ~rt, the haiti or luKes~rl end usilnl of t~ ~ ~ the I~nd part forayer.,; AND the party of the first part covenants that the party, of the first ~rt his not done o.r suffered anything whereby the said premises have been encumbered, in any way whatever,,except as aforest:d...~ AND the part), of the first part, I,n compliance w:th Section 13 of the. Lien Law, ~venants that the Party of the first part will receive the co.n. slderttion for th,s conveyance.and wdl hold the right to receive such consid. eritlon ii a trust fnnd.to be apphed first for the ~rpose of paylnK the .cost o! the improvement and will appl)' ' the same first to the J~)'&ent o! the cost of the improvement before usln~ an), part ohhe total of the sine for any other purpose. The v~rd *'party" shill be construed as if it read **parties** whenever the sense of this indenture so requires. IN ~ii ~F. SS WHERE. OF, the part), of the first part has dul~ executed this deed the dq, and ),ear Rrst above written, I# f*Jttltsct oft~ ,, ~/~ LUCILLE B. HARRIS , me known to be the 'nd '.qdual ex:~dexthect ~r described in and who egolng instrument, and acknowledged that t the Same. On the day of personaJly Came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that execuled the Same. ANNE H. OLSEN Notary Public. State ol New No. 4843000 Qnal~d In Suffolk Coon~f STAT! OS NEW YORK, COUNTy On the day of "" rersonally Came 19 , before me m me knOwn, who, being by me duly sworn, did depose and Say that he resides at No. ~hat he is the :n end which exeeut,~ -~- · : the corporation ~, me mrego, mg instrument; that he :mows the seal of Said co ra · !o said instru · r~ t~on, that the · ,ffi...~ . 3.Sent IS such Cornnrat,. o..,... ,sc?J affixed ,_,_,~cu .oy oraer of the board o~-.1:~.~..'~_'~'' ,nat, ~t was so ,u., ina that he ak'ned h ,.--~.,.~-~urs of Said corpora. .... ,-,= mereto by llke 6rdec. STAT[ OIt NEW YORK, COUNTY OP On the day of 19 before me perSOnally Came , th,e subscribing witness to the fore ' · Whom ]' .am perSOnall . gomg mstrument, with Sworn, did depose an~Ys:vCqt~t'tnted: who:.being by me duly ; 0, ne restues at No. that he k.~ ; described in 'and wt. .... to be the individual .u execute? the foregoing instnmlent; that he, said subscribing wttness, was present an,d saw execute the same; and that he, said W~tness, at the Same time subscribed h name as wilness thereto. nd ct- t~argni, n.b J~ale il.b t/ri'l! COYENANT AOAINST (~I~AN'rOR'~ 'O. LUCILLE B. HARRIS L. CONSTANCE W. /OHN/CRONIN and ~3~ CRONIN, his wife SO~o oe .n~ m,'oesw,nm DiSruPted by S~CTtON 037.00 mL~ 03.00 LOT 007.000 COUNT¥ORTOWN Suffolk County RETURN BY MAIL TO: Cardinale and Cardinale, Esqs. Main Road P.O.Box W Jamesport, New York 11947 Z~ Ne. ,nd, TITLE INSURANCE COMPANY Policy No. Tills No. 859 121-S ?HIRD RM~-NDED SCHEDULE A ALL that certain pict, piece or parcel of land, with the buildings, and improvements thereon erected, situate, lying and being located at East Marion, Town ~f Southold, County of Suffolk and State of New York, known as and by the Lot fl4 on a certain map e~itled, "Map of Section Two, Gard[ner*s Bay Estates, sitUate at Bast Marion, Long Island", Which map was filed in the Suffolk County Clerk's Office on September 23, 1927 as Map Number 275, being more Particularly bounded and described as followsl RBGINNING at a stake set on the northeasterly side of Old Orchard Road, distant 120.00 feet southeast, as measured along the' northeasterly Ride of old orchard Road, from the corner formed by the intersect[on of the northeasterly aide of Old Orchard Road and the. southerly side of Locust Court~ RUNNING THENCE North' §80 58e 30" Bast [15.95 feet to a stake~ RUNNING THENCE South 31· 01~ 30" East 40.00 feet to a mon~iment~ RUNNING THENCE South 58· 58~ 30" West 115.95 feet to a monument on the northeasterly side of old Orchard Road~ RUNNING THENCE along said road North 31~ 01~ 30" West 40.00 feet to the point or place of BEGINNING. TOGETHER w~th the right to use the beach lying between Spring Pond and the Bay, and Old Orchard Lane and t~e Channel, marked upon the said map as "Reach for Use of Lot Owners" for bathing and similar Purposes, and a. right-of-way over the beach to the water, subject to such reasonable restrictions as may be imposed by Gardners Bay Company, Inc., or.its SUccessors or Assigns, and such use to be in common with other persons to whom such rights may be granted as set forth in previous instruments of record. Form No. 6 · ToWN OF SOUT,OLD ~ BUILDING DEPARTMENT Tom "ALL NOV I 3 765-1802 ': APPLICATION FOR.CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation f~om Board of Fire Underwriters. &. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial b~ilding, multiple residences an~ similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements.' For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land.uses: 1. .Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application an~'~ consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons-therefor in writing to the applicant. 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00/ Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate ,of Occupancy - $5.00 over 5 years - $10.00 ':" ~,. Updated Certificate of Occupancy - $50.00 " 5. T~mporary Certificate of Occupancy - Residential $15.00, Commercial $15.O0 Date Construction..~ ........ Old Or Pre-existing Building...~.~.~...~..~...//O/;~ ~= to, o, ,~g~: .~A. ~z.c~/~z ~.. ~.. ~. ,. ~d<gA'~..~ ti. ~. z~: .......... .... House No. Street Hamlet ~r or Owners of Property .... ~.. ~ ' ~5~ ' ' .o 000. .... ....... ..... ......... ...... :X ............. ~ivl~ton " ' Filed Map Lot it No ' Datg Of Permit Applicant ' tth Dept Approval Underwriters Approval ' ~nlog Board Approval ........................ ,est for: Temporary Certificate ........... Final Certicate ........... S,bmttted: APPLICANT OF BUll,; NG INSPECTOR TOWN kAL.~ SOUTHOLD, NE',! YORK CERTIFICATE THIS IS TO CERTIFY THAT THE .,~_~/ Land /'X7 Building (s) Use <s)' OF OCCUPANCY - NON-CONFORMING PREMISES PRE CO # Zl7681 DATE: Jan. ]7, 1989 located at 2055 OLD ORCHARD LANE, EAST MARION STREET HAMLET shown ~n County Tax Map as District ~000, Section 037 Block Lot 07 , does not conform to.the present Building Zone Code of Town ai Southold for the following reasons: Insufficient total area; front, side and rear yard set-backs. O3 the On the basis of information presented to the Building Inspectors Office, it baa beem determined that the above non-conforming /__X--'~ Land, /--~ Building (s) / / Use (s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subj~ to the applicable~K~ne of said Code. IT IS FURTHER CERTIFIED that, based upo, information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued as follows: Property contains ~ story, ~ family, wood framed seasonal dwelling; situated in A-Residential-Agricultural Zone~ with access to Old Orchard Lane. The Certificate is issued to LUCILLE B. HARRIS ( Owne r, of the aforesaid building. SUFFOLK COUNTY DEPT. OF HEALTH UNDERWRITERS CERTIFICATE NO. APPROVAL: N/A N/A NOTICE IS HEREBY GIVEN that the owner of the above premises BAS CONSENTED TO AN INSPECTION of the premises by the Building Inspector to determine if the premises comply with ail applicable codes and ordinances. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other regulations, other than total area of 1 o t ./~ Building s and ~r~ector '~ COUNTY OF SUFFOLK t .... SOUTHOLDI{ ........ 037 R -80 R--8O APPEALS BOARD MEMBERS Gerard R Goehringer,' Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 1I, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Philip J. Cardinale, Esq. Main Road Jamesport, NY 11947-2021 Re: Application for John and Constance Cronin Dear Mr. Cardinale: Since there has been no response to our April 26, 1993 letter, and telephone call requesting the missing items by May 4, 1993, we are returning the documents left with our office. Re-notice will also be necessary before resubmitting this application, together with the other items requested. Very truly yours, VLinda Kowalski Enclosures 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 TOV~q OF SOUTHOLD April 26, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Philip J. Cardinale, Esq. Main Road Jamesport, NY 11947-2021 Re: Variance Application - John and Constance Cronin Dear Mr. Cardinale: In accordance with our telephone conversation, please find enclosed six (6) survey prints in order that the dimensions of the walkway may be added. Also enclosed is the Notice of Disapproval (which is required pursuant to recent revisions of New York Town Law to be dated within 60 days of the filing of this appeal application). You have confirmed that the following will be furnished within a couple of days in order to complete the file: 1) updated Notice of Disapproval; 2) additional $250.00 filing fee (Total $400.00) 3) current photograph(s) of the existing construction under consideration and elevations; 4) lot coverage calculations (lot area and building coverage); 5) original and six prints of the survey with dimensions and setbacks shown from all areas. Please furnish the above if possible by May 3rd in order that we may arrange for board inspections at the site and advertise the same for a public hearing (to be held on or about May 20, 1993). Very truly yours, Enclosures cc: Board Members Linda Kowalski April 21, 1993 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11091 ATT: Linda Re: Cronin Variance Application 6 Short Court, East Northport, NY Dear Linda: I represent John and Connie Cronin who are making application for variance for deck and walkway. I enclose herewith all documents and check as required per the enclosed checklist. 'Please advise as to the date scheduled for hearing. Should you have any questions, please do not hesitate to phone. Sincerely, PHI IP~:ARDINALE enc. FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD~ N.Y. NOTICE OF DISAPPROVAL Date . O~(~EHBER 3,, ....... .................. , 19 92 To JOHN L. CRONIN & WIFE 6 SHORT COURT EAST. NORTH.PORT, N.Y. II731 PLEASE TAKE NOTICE that your application dated .NOVIR~ER ! 1 t 9.2. ......................... 19. .. for permit to CONSTRUCT A DECK ADDITION TO DWELLING Location of Property . .. 2055. OLD. OR,II,RI). ~ ........... E. AST .f~L~IO.N. t .N.~Y.: ......... House tVo. Street Hamlet County Tax Map No. I000 Section 37 . Block 3 7 Subdivision ............ Filed Map No Lot No is returned herewith and disapproved on the following grounds ....tJX). g., .R..AR.T.I.e..L~.. I..I),5 ........... SECTION 100-30.A..3 .D?CK CONSTRtICTION ttAS INSUFFICIENT REAR AND SIDgYARD SETBACKS, ALSO EXCEEDS PERMITTED LOT COVERAGE. ACTION REQUIRED BY 'rmi ZONING BO...~. OF APPE.A~.S.. /43ui~ng Inspector T~OMAS J. FISr~.R RV 1/8o TOWN OF SOUTHOLD, NE"&&/ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP~,L NO. DATE ..... /..~X..~.~..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,5/~? 7' ~ ...~.. ............... 7, (Wel ~'&.~.~..:~..~../~..w...c.~....~.~:~...of ..... ~. ........................................... Name of Appellant Street and Number ' '......~.~ ..~...~..,~..T'/;~..~.~.~ .......................... ............................... .~..~.. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APP~LS ~ROM THE DECISION aP THE BU,LD=NG ~NSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... /...l~..:~ ./.~.. · WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..J,.....~y.,~.r....~..~r .......... ~,.tz..~..e.,¢~..£.~£.~ ....... .~.~. ...... /Z.Z~Z~. Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOE OCCUPANCY Street /Ham]et / Use District on Zoning Map District 1000 Section ~7 Block~ Lot~. r .... Map No. -~t No. Prior Owner 2. PROVISION (SI OF THE ZONING O~DINANCE APP~LED (Indicate the A~icme Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. ~PE OF ~PP~L Appeam is mode herewith for (please check appropriate box) ( ~ A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VArianCE due t~. ~Fk of ~ccess (State of ~ew York T~n Low Chop. 62 Cons. L~s Art. 16 Sec. ~80~ Subsection 3 () 4 4. PREVIOUS APPEAL A previous appeal (~,ms-) ?os not) been mode with respect to this decision , 6f the Building Inspector or with resaect to this DroDerty. '" Such appeal was ( ) request for a spec-~.l p~rmit - [ ) request for a variance and was made in Appea! No ........................ '. ....... Dated ........................... ., ........................................ .: . REASON FOR APPEAL '~ ( ).. A Variance to Section 280A Subsection 3 '.':'/:::(~ A Variance to the Zoning Ordinance ( ) is requested for the reason that form ~-~! -"... (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becouse ~l.(.~l,~c s L b ~,~'~ ~ ~ ~ ) ~ 2. T~e hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinit~ of this property and in this use district becaust oo , The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DIS I KICT because THE STATE OF NEW YORK ) COUNT, OF ss S,gnat-re , L. ~' ~ Y . . , -(/ - · . ' ' IvHYU, JS AUSClO · ~ .... No~r~ Public, State of New Ymk ..,~- .,~,'., '.., . No. 49-82251 Quelified ir Suffolk ~ountY ~ · ~ ; Commission Expires May 28, 1 ~ Examined FoR~l'r~o. 1 TOWN OF SOUTHOLD BU)LDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 ,\pproved ... 19 Permit No BOAKD OF tlEALTII ........ · 3 SETS OF PLA~tS ......... SURVEY . HA I L · (Building Inspector) ~,PPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 .ts 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 r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ~tion. e. The work covered by this application may not be commenced before issuance of Building Permit. ~ d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in p~rt for any purpose whatever until a Certificate of Occupancy ',11 have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a BuilUing Permit pu'rsuant to the dlding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or · gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~e applicant agrees to comply with aH applicable laws, ordinances, building code, housing code, and regulations, and to mit authorized inspectors on premises and in building for necessary inspections. . _ ... ..... - ........... (Signature of applicant, or name, if a corporation) :7... (Mailing address of applicant) ~te whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. m,e of owner of premises ....~.O/ff.4--/./~1.~./).. .~_...~.. (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer· (Name and title of corporate officer) Builder's License No .... .~../~.t~.~ .. Plumber's License No ....................... Electrician's License No. ' ' ' ~ Other Trade's License No ..... Loc~at~:~y~nd on which proposed work will be'done .... .~.~..' .Z~. ' ' ....................... ~ '-"-~ · .... ~. · .'~....~.c,r".,eT 7: ...... Ilouse Number Street . Hamlet ~ty bi p N 1000 S ti ~7. ' ~.. .7. Con Tax a o. ec on ....... . ....... Block ................ Lot ................. Subdivision ......... ............................ Filed Map No ............... Lot ............ .- (Name) . "' State existing use and occupancy of premises and intended use and occupancy of proposed construction: "' · ~ ,~,'~-~,~, ~ . . . ,' ..4~Y.~,,, ~- -,%',, , :.:., , :--:~ . . b. Intended use and occunancv ~- · .c:' ~-,,.*'~:.~:~:'.~."," k which applicable): New Building .......... Addition .......... Alteration ..... ,ff.... ~/,palr ............. Removal .............. Demolition .............. Other Work .... ~' ~ ~.D.. ,Oescriptl~,) Estimated Cost . .. ...t.~.O. :.C~.. .................. Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... /. . Number of dwelling units on each floor .,~,~..A~7. . If garage, number of ears . ' ..... · .... ' ' .... &'a ..... ;; ..................... "' 6. .bus,n.ess, ¢o~mm.e?al or n~;~ed o.c ncy, s cify ,slur; and extel; of ea~h'tL;; ~f',;;e :::::: ............ ?. u,menmon$ o, exmtmg structures, ,fany: Front....~$, ..5..: ..... Rear .../.6 [.~.~ .'~'.~'.. Depth ...,,5',~...~'} ..... Heigllt · ·/-~.. ~ . . Nu ........ · ,,. . · ....... m oct' O/~lOrleS ...... ~ ............................. {J,menmons ofsame structure with alterations or additions: Front .. i~ : :2~':,:4:::: ..... ~'- .......... Rear.. . .... Depth . .~.,~ t.. H~;,,ht i,;'t . 8. ' ' ' . ............. ~' ...... '"' .............. Number of St r', /. D~menslons of ent,re new construction. Front /~ ,~/~t ~> //.t [y~e~s ........... : ;..t-.,. .... · ..- ,,~a ' · ....... ,-.-~ .... ,,ear ..... ,.,~../.,<... De,,th ne~gnt .. tv/t: ......... Num bet of Stories. . .~/.~. . / ' ' " ....... / / ...... 9; Size oflot: Front . ~Ot.·. I~o,'' z'.~.~./ ........... ,L. ............ .:-'.-'.--'~ ......... .... · ............. ~epth ... //,,5. 0. Da{e of Purchase . t~.~.7.~.../.<]~ ..... ......... Name of Former Owner ../~-"~....AS?~..e~'~..~. ...... I. Zone or use district in which premises are situaied . . . ' 2..,,.,.s.p.r.oposed c.on.struct,on vto[.at~ any zomng law, or&nance or regulation: ... ~ ............... 3..w.m ,or ~e..regraae~a ...... .._~./.~...e.,) ........ r~.~,,W~J ~xcess fill be removed from premises' ~fi'" Name .,r ^.~:,_~, ·. .............. ~ .~t,y/...,~z... rnone ~o. ~¢,~T.'-. ~.o..~.~,... '" ~"""=~ ........................... Address ..... .~.. ,//tb~/~.4~ff,7.. Phone No ........... Name of Contractor ...,,5,t~ .~. ....... ' .....Address .......... 5. Is this property within 300 'f'e'e't' of a tidal wetland? '~'e's..'.'...'.'."Ph°ne~ ................ ~If yes, Southold Town Trustees Permit may be required. No ......... PLOT DIAG RAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether sterior or comer lot. 'ATE OF NEW YORK, . {Name of individual signing contract) )ve is thc - - - (Contractor, agent, corporate officer, etc.) - . said owner or owners, ~d is duly authorized to perfom or have perfomed tl}e said work and to m~e and file this ~lication; that all statements contained ~ this application are true to thc best of his knowledge and belief; and that th, ,rk w~l be perfo~ed in the m~ner set forth in the application filed therewith. - i.om to before me this ta~ ..... .. Co ty ~ ~_:.} .... · .~' . No. 49~9e8 . ,,.. - · (Signature of applicant) Form No. 6 NOV I3 " - ToWN OF SO~%llOLD ~ BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR.CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspectnr with the following: for new building or new use: I. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation f~om Board of Fire Underwriters. Sworn statement from plumber certifying that the solder.psed in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial b~ilding, multiple residences an~ similar buildfngs and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements.' For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. .Accurate survey'of property showing all property lines, streets, building and nnusual natural or topographic features. 2. A properly completed application an~'~ consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons'therefor in writing to the applicant. 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00,' Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre~existing Building.- $100.00 3. Copy of Certificate ,of Occupancy - $5.00 over 5 years - $10.00 '"' .. · &. Updated Certificate of Occupancy - $50.00 , 5. T~mporary Certificate of Occupancy - Residential $15.00. Commercial $15.O0 .... llouse No. Street Hamlet ~ners of Property ....... - ....................... ~p ,lo 1000, Section .... ~.~ ....... Block ..... 3 ......... Lot ...... ~Z ............. " ' Filed Map Lot ............ Date Of Permit ................ Applicant ............................. ~pro~al' Underwriters Approval Approval ' '' ~ Jori ~eR~or~ry Certi£1c~e ........... ~inal Oerticate ........... ,..., ........................ : ...... .' APPLICANT CERT~i:ICATE OF OCCUPANCY - NON-CONFORMING PREMISES THIS IS TO CERTIFY THAT THE PRE CO # Z17681 DATE: Jan. 17, 1989 'X Land /'X-7 Building (s) /__~ ~ (s)' locat~i at 2055 OLD ORCHARD LANE, EAST MARION STREET HAMLET shown ~n County Tax Map as District ]000, Section 037 Block Lot C? , does not conform to the present Building Zone Code Town cf Southold for the following reasons: Insufficient total area; front, side and rear yard set-backs. 03 of the On the basis of information presented to the Building Inspectors Office, it bas been determined that the above non-conforming /__X~ Land, /--X-~ Building (s) / / Use (s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subje~ to the applicable p~o~8£ons of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued as follows: Property contains I story, I family, wood framed seasonal dwelling; situated in A-Residential-Agricultural Zoner with access to Old Orchard Lane. The Certificate is issued to LUCILLE B. HARRIS (Owner, ~X~~) of the aforesaid building. SUFFOLK COUNTY DEPT. OF HEALTH APPROVAL: UNDERWRITERS CERTIFICATE NO. ~/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS CONSENTED TO AN INSPECTION of the premises by the Building Inspector to determine if the premises comply with all applicable codes and ordinances. This Certificate, therefore, does not, and is no~ intended to certify that the premises comply with all other ~s and regulations, other than total area of lo C~t., Building f~g~-~etor ~ YOU ARE HEREBY GIVEN rqOTICE: I. Tha. ' .~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~(Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ~. o S"~ C)/q/ ~ ~c.~r~ /~ 3. That the property which is th~.~u~biect of such Petition is located in the following zoning district 4 lhac h~ such PeHtion, the undersigned will request H~e following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the'under- signed are Article ~ ~ Section /o o - _~ o ~'13 ' [ ] 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 Ihe Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regu ar office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. 'Dated: ~-~ --2- ~ ~ Petitioner ~'~h~ CRo~t'~ Owners ' Names: Post Office Address Tel. No. (~5-/&) [Copy of sk'~'tc~h~or plan showing proposal to be attached for convenience purposes.] · Do not use to~ i STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: '-~Oo_v~n~. ~'o~¢~c.~ , residing at ~(.c~n.~,~.~.¢,c Id~-( . being duly sworn, deposes and says that on the T.-~4 day of A0c~t ' ,1c) q~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof:directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~-'ccr,n4~ _~p ot-~ LJ~ ; that said Notices were mailed to e,3ch of said persons by (certified) (~ mail· Sworn to before me this ~.."'~ day of , ~-~ t Notary Public uSAN M CARDINALE · ,~'rAaSvL PUBLI~ State o{ NewYork "~'~'""" '~o. 52-'4619540 (This side does not have to be completed on form transmitted to adjoining property owners.) YOU ARE HEREBY GIVEN NOTICE: 1. Th,~,t it ~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(l~ia~p(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: Z o ~'~' 01~/ 0 rc~ro ~h~vE 3. That the property which is the subject of such Petition is located in the following zoning district: 4 ~'hat b,~ such Pelitiuo, the undersigned will request the following relief: · 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the Under- signed are Az'~.¢].e ~ .Sect_ton / a o .~ o ~'t3 ' [ ] 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 ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ,e_jl.~).... ~ ~ ~ Petitioner ~"~h,~ C_eo~ ~ ri Owners ' Names: Post Office Address Tel. No. (~-/b) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ P~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS r ~P~_281 160 290 .~1~ Receipt for Certified Mail -- !2 No Insurance Coverage Provided ~, os,,~ Do not use for International Mall ISee Reverse) Steven T. Vesey ' Road Mt. Sinai, NY 11766 Return Receil~t Showing to STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~"G.r,~,~?.,:),~,.+ ~ k{ , being duly sworn, deposes and says that on the ~ r.(day of ,~-[o~'~l , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of thc above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~J~,~...,o,~,-V- /34/ ; that said Notices were mailed to each' of said persons by (certified) (.~:eR~au:e:~ mail./ Sworn to before me,this day of ~,,0?1 / , 19 ~"~ YOU ARE HEREBY GIVEN NOTICE: 1. That i~ i~ the intention of the undersigned to petilion the Board of Appeals of the Town of Southold to r~ques/a~.~rianc~c~(Special Exception) (Spec a 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: 3. That the property which is the subiect of such Petition is located in the following zoning district 4 ]'hal h'~ such Pelition, the undersigned will request the following relief: · S. That the provisions of the Southold Town Zoning Code appl cable to the relief sought by the~nder- s gned are Article ~ Section /o o .3 o ~'~3 ' [ ] 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 Southold0 New York and you ma), then and there examine the same during regu ar off ce hours. (5].6) 7~5-].809. 7. That befure 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: ~-~--2.~ ~ ~ Petitioner ~'.k~ C_Ro~ ~"I Owners ' Names: Post Office Address Tel. No. (~'/b ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPT~ ADDRESS P 2&1 160 271 Receipt for Certified Mail No Insurance Covera,ge Provided (See Reverse) I~{~eY & Elaine Tuthill -..9.i.S~. Mirh~],~ T~rrmcP P.O, State and ZIp Code Carmel, NY Postage Certified Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: '~'oo_v~n~- ~o-9¢~,1 , residing at ~5~;~c.~ ~ ~,~r+ ~ ~ , being duly sworn, depose~ and says that on [he 'Z~ day of ~r~{ ,19 ~ , deponent mailed a true copy of ~he Nodce set for~h on the re- verse side hereof. directed to each of the above-named persons at the addresses set opposite their rmpecfive names; that lhe addresses set opposite the names of said persons are the addresses of said persons as shown on the currem assessment roll of the Town of Southotd; ~hat said NoHces were mailed at the United States Post Of- rice at ~ ~o ~+ ~ ; that said No~ices were mailed ~o each of said persons by (certified} (~ail. Sworn to before me this day of ? 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADDlicant Or Project SDonsor) SEQR 5. IS PROPOSED ACTION: £ [] New ~1 Expansion 6. 0ESCRIBE PROJECT BRIEFLY: 8. WILL PROPOSED ACTION COMRLY WITH EXISTING ZONING OR OTHER EXISTING !.AND USE RESTRICTIONS? ~es~emlal ~ tnousttial ~ Commemfal ~ Agricuttute ~ Par~ForesuOpen space ~ Ot~er I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE II the action is in the Coastal Area, and you are a state agency, complete tt~e j Coastal Assessment Form before pracDeding with this assessment I OVER 1 · (Continued on reverse side) The N.y.s' Environmental Quality Review Act requires submission . before any action is taken. (b) If any question has been answered Yes the project may be siq- (o) If all questions have been answered No it is likely that the project is not significant. (d} Environmental Assessmen~ 1. Will project result in a 1argo physical change un~ual land form on the site? ~Yes /.No groundwater quality? ~Yes /No 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plan~ or animal specie~? Yes air quality? 8. Will project have a major effect on visual char- .. known to be important bo the community? . .___Yes . 9. Will project adversely %mpact any site or struct- Will project have a m~jor effect on existing or 11. Will project result in major traffic problems Or · ' ' systems? ' ..__Yes /No 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. Will project affect tho existing community by charact~ of the community or neighborhood? 15. Is there publio controversy Concerning the ' project? QUESTICN%~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of %he 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 sU~jec= premises listed on the real es=ese marKe~ ~or - sal~. or being shown to prospective buyers? { } Yes { ~} No. (If ~e~, p]~se a~-h ~npy of "condit~nns- of sa~e.) C. Are there/an~ruposal~ tm=bange~rr alter tHnd cuntcu~? { } 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 bulkheaeed bet~gen the wetlands area and ~e upland building area? 4. xz your property contains w~tlands 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? /~(D (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads or fences which e~t and are not sh=wn ~n t_he survey map that you ara Submitting? .~7 If none exist, please state "none." · G. Do you have any construct~qn taking place at this time concerning your premises? /JO 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 o~/any co-owner als~ own other land close to this parcel? /~O If yes, please explain where or submit copies of deeds. I. Please list present use operations conducted at this parcel ~.~-~_A"~J/-~4 ~_ or proposed use .~-~-~c---~/~Z_ and AUthorized $ignauure an~ Date 3187, 10/901k SEC TION TWO GA RDINER'S BAY ES TA TES FILED SEPT. 2S, 1927 FILE NO. 275 · A T EA S T MA RION ,~./ TOWN OF SOUTHOLD SUFFOLK COUNTY, NO~ Y. 1000 - 37- 03- Scale 1" = 20' Jan. 10, 1989 TO: COIs~IONWEALTH LAND tt..E ~V~t, IRAN(~ ~OIi~ANY ~$. £1C. NO. 49668 Prepared ~ aee~rd~ne~ with tl~ ~ P.C. SOUTH--. 11971 . 88 - 656 T~ IND~FT~R~ made the ~y o! February . n~netee, h~dr~ and eighty-nine BET~N LUCILLE B. tIARRIS, residing at 61-42 Whiskey Creek Drive, Fort Meyers, Florida 33919 ~rty of the first ~rt, and L. CONSTANCE W. JOHN/CRONIN and ~ CRONIN, his wife, both 6 Short Court, East Northport, New York 11731 residing at party o! the sec)nd pate, , %q/! I N~SS~T~ that the party of the first ~, in eonside~don of ten dolhra md ot~r v~l~e eond~ndo~ paid by the party of the second ~. d~s hereby ~nt nnd rel~e ~to t~ ~ ol the ~nd ~, ~ ~rl or sU~rl ~d assi~ of ~e ~ ol ~e ~nd ~ (orever, A~ ~nt ~fliin plot. p[~ or ~r~l of had. ~ ~e b~l~nEs ~d ~prov~ thegn erm~ d~ t lym[~d~nf~ocated at East Marion, Town of Sou~hold, County of Suffolk and State of New York, known as and by the Lot %14 on a certain map earl%led, "Map of Section Two, Gardiner's Bay Estates, situate at East Marion, Long Island," which map was filed in the Suffolk County Clerk's Office on Septe~er 23t 1927 as Map Number 275. TOGETHER with the right to use the beach lying between Sprin~ Pond and Old Orchard Lane and the Channel marked upon the said map as Beach for use of Lot Owners" for ba~hing and similar purposes, 9nd a right- of-way over the beach to the water, subject to such reasonable restrict ions a~ may be imposed by Gardners Bay Company, Inc., or its Successors or Assigns, and such use to be in co--on with other persons to whom such rights may be granted as set forth in previous instruments of record. SAID PREMISES being known as Old Orchard Lane, East.Marion,.Long'island New York. SUBJECT TO covenants, easements and restrictions, of record, if any, provided same are not violated by existing structures. Premises ~re further described In annexed Schedule. A. SEE ANNEXED SCHEDULE A TO.GE.TtI,ER with ull r;ght, title a.d I.terest i{ au.. -' .'- roans nbuttmg Ibc above described ..... : .....,.,_..~,.... ::.c Fa:,y nE. tn_e_~l..rst~Dart In and to any slreeqa and ..... . . _ I--c,,,..,;. u. ,.~ center Jmes Inereol; T()~,ETHER with th,. lng ill ille estate ann rlEhts o! the natty ut the fir-t --.-' :- ---' · '- · -- .... HOLD the premlses herein -fluted ~nt:-~.'- ....... .o .p.-,. ,..,~u ~o s~m I~r,em.~ses; 1'O HAVE AND TO .. _. _ .. . ,% ,, ,.c F~,,y os me accuse Ix:rS, the heirs or successors and tlsiRns o! sue piny 04 me sKona part 1orever., _ , AND the party, of the,first part covens.ts teat the larry, of the first part ess not done or su ' whereb the satd cruises sv ~ered nn thru .~ .[ ....... ~ .... h ~ ~ee. encumbered In nay way whMever, except as l[ore~d.. Y . , ~ ~ -~ --. ocr,un sa mtne utes ~w, ~oveninls that the pity of the ?st part wdl r~e~ve the co~.slde~tion lot this ~nveyance and will hold the r:ght to r~eiv ?Man as ~ trust fund..t~ be apphed first for {he ~.r~- -t ----:=- -~ ...... - · such. conssd- the ~me ~rst to the meat o[ th .... s -~ '~- ~" ~ ~' ~YS~g me ?st nE t~e smptov~ent and wdl annlx. ' any other put,se. ~y .... . v. me smptov~ent besore usmg any ~rl olthe total o[ the The ~rd "~y" shall be construed u il it read "pa~es" whenever the sense ut this indenture so requires. ~ ~ WHOOP. the ~rly of the ~rst ~rt hu duly exKuted this deed the day and year first ~tten. ,~ vo~. ¢ounrt o~ Suffolk ' ,,, . ~ 4ay o; February 19 89, ~fore me LUCILLE B. HARRIS · me known to be the individual described in and who ex~ledexleh;u foregoing instrument, and acknowledged thai - e ted the same. ANNE H. OLSEN Notary Public. State of New York No. 4843000 Qusllfl~d in Suffolk CounW Commission F.J~plrMI Sept 80. 19 STAll OP NIW YOlk, COUnty OP On the day of personally Came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that execuled the Same. STATE o~ NSW YORK, COl~NTy o~ On the day of a,, ~r~onally came 19 , before me ~o me known, who, being by me duly SWorn, did , ~ay that he resides at No. ,hat he is the ,f :. sod which exeCuted th- '-- : the, COrporation described mows the seal of .. ,~ w.egomg instrument; that · Sato co ratio -- '~.ss,d instrument is s hr.~ .n/ that. the seal affixed orde, o, the:hat. it wa, so ,on. and that he sJ~ned II nm~treZ~[rSetZI ,sat.d corpora. oy tike order. STATE OP NEW YORK, COUNTy OF On the day of personally Came 19 . before me the su~scriblng witness t .J- · . ,..,:c Ioregomg instrument, with ~V~o°rZ ~i~e~o~eS°~;~Yj;ZZ;t;ted~ who, being by me duly ' e resides at No. that he kn~ ; · to be the individual described in and who executed the foregoing instr.ment; that he, said subscribing witness, was present and saw execute the Same; and that he. Said witness, at the same time subscribed h name as witness thereto. ]~argai,t arb ~'ale ][Jerb Vrft! COVENANT ACAINS'F GRANTOR'S ACfS LUCILLE B. HARRIS L. CONSTANCE W. $OHN/CRONIN and ~ CRONIN, his wife *~o ~o~q of Nlw TOSS SOASa M ~nl Db~ted by 'RITY TIT~ ~ GUlF SECTION 037.00 BL~ 03.00 LOT 007.000 counTvO~Towa Suffolk County R~TURN BY MAIL TO: Cardinale and Cardinale; Esqs Main Road ' P.O.Box W Jamesport, New York 11947 Zip No. ~TITiE INSURANCE COMPANY ' ' ' - " * *' Policy No. Tille No. T. jII~D ~4~NDED SCHEDULE A 859 121-S ALL that certain plot, piece or parcel of land, with the b ' , --~-*u,,, Town o£ Southola . .... ~ ~,_~xzng anu bein lo -, =uuncy OZ ~--~ .~ g cated New York, known as and by the Lot ~14 on a certain map entitled, ~o~K and State of "Map of Section Two, Gardiner,s Bay Estates, situate at East Marion, Long ISland',, which map was filed in the Suffolk County Clerk's Office on September 23, 1927 as Map Number 27§, being more Particularly bounded and described as followst BEGINNING at a stake set on the northeasterly side of Old Orchard Road, distant 120.00 feet southeast northeasterly Side of Old OrChar , as measured along the' by the intersection o~ LU-- -- _d Road, from the corner formed Road and th~ . ~ u.~ northeasterly side of Old Orchard .southerly side of Locust Court; RUNNING THENCE North· 58" 58' 30" East 115.95 feet to a stake;) RUNNING T~ENCE South 31" 01' 30". East 40.00 feet to a mon[!ment; RUNNING T~ENCE South 58" 58' 30" West 11~.95 feet to a monument on the northeasterly side of Old Oroherd Road; RUNNING THENCE along said road North 31" 01' 30" West 40.00 feet to the point or place of BEGINNING. TOGETHER With the right to use the beach lying between Spring Pond and the Bay, and Old Orchard Lane and tSe Channel, marked upon the said map as "Beach for Use of Lot and simila~ purposes, and a. ri h - ~ Owners,, for bathing ~ater,.s~b]ect to such r,, .... ~.t of ~ay over the bee h Dy Gardners Ba~ Co---- ---~u,~u~e restrictions a- -- = ..~,ny, Inc., orits Succe .... o ,,,ay De imposed and such Use to be in common with other persons to whom such ==uts or Assigns, rlghts may be granted as set forth in previous ~nstruments of record. 11220 O47O75 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 Phone: 516-765-1801 DATE . ~ ~'~ 19 .EOE,VEDOF: ~ ~'(~' BOARD OF APPEALS, TOWN OF SOUTHOLD In Ihe Matter. ot the Petition of : to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aualL~r~anc~cP(Special Exception) (Spec a Permit) (Other) [circle choice] o 2. That the property which is [he subiect of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: ' 4 That b~ such Petitioo, the undersigned will request tile following relief: $. That the provisions of the Southold Town Zoning Code ap~olicable [o the relief sought by the 'under- signed are .z~'ticle ~ ~ ~ecLton / ~ o - .3 o /'i3 ' [ ] Section 280-A, New York Town Law for appr0val 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 dur ng regular office hours. (516) 7~5-1809. 7. That hefore the relief sought may be granted, a public hearing must be held on the matter by the Bo,~rd 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 tight to appear and be heard at such hearing. Dated: Petitioner ~'~a Owners ' Names: Post Office Address Tel. No. (~/b) [Copy of sk~tc')For plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 22,1 1~0 291 Receipt for Certified Mail No ~nsurance COVerage Provided (See Reverse) P 256 972 772 Rece'~pt:~i~ j Certified B~nil ~°s~'~ ~ (See Reverse) ~or~s P. Miller ~Box ~b5 mast ~armon, NY 11939 ~¢iM.~ R~c~i~t Showing ~o Whom, Da~e a.d Addres~ f ~ ~OYAL Pos~ STATE OF NEW YORK ) COUNTYOFSUFFOLK) SS.: ~~ ~q . being duly sworn, deposes and says that on lhe ~ day of .. R0c[ ~ ~u~C ~ 19 ~ . deponenl mailed a ~rue copy of [he Notice set forlh on the re- verse side hereof, d~rec~ed to each of the above-named persons at the addresses set opposite lhmr r~pectlve names; that ~he addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~ assessment roll of the Town of Soulhold; thal said Nodces were mailed at the United States Post Of- rice at ~af~ ~ ; that said Notices were mailed to e,lch of said persons by (certified) (~ mail. Sworn to before me this .~_-:'o ?~ day of . ~'~ Notary Public USAN M. CARDiNALE .~ewAaSvL pHBLtC. State ~ New .v ...... ~ 52-4619~ ~. __ (This side does not have to property owners.) be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : TO to the Board or_Appeals of the Town of Southold : ADJACENT TO: ~'l-¢v~.,~ ~ V'~$e_.~ ,~,,,~ A~oFA~,- PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petit on the Board of Anseals of the Tow to requesta~(Special Exception) (Special Permit) (Other) [ci~r~le choice~nOfSouthold 2. That the property which is the subject of the Petition is located adjacent to your property and ~s des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat h,, such Pelitioo, the undersigned will request tile following relief: 5. Thai the provisions of ~he Southold Town Zoning Code applicable to the relief sought by the 'under- signed are ~ticle . ~ ~ ~on /~o-~ o ~3 ' [ ] 5ect~0n 280-A, New York Town Law fo~ appr0va] of access ove~'right(s)_of_way.~ 6. That within five days from the da~e hereof, a written Petition requesting the relief specified above will be filed in lhe Southold Town Clerk's Officeat Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner ~'oha Owners ' Names: Post Office Address Tel. No. (~-S~,) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~281 160 290 Receipt for ._~=- Certified Mail NO ~nsurance Coverage provided Do not use for international Mail ISee Reverse) Steven T. Vesey Road Mt, Smna~, NY 11766 P 256 972 770 Receipt~r Certified Mail No Insurance Coverage Provided (See Reverse) Steven Vesey P.O. Box 53 PBaBtI~M~{gh, NY 11939 Rd ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~e~ ~ , being duly sworn, deposes and says that on the ~day of ~pr~ ~ ~ ~UDC , 19 0~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~r~ ~ ; that said Notices were mailed to each of said persons by {certified) ~ mail. / Sworn to before me,this day of 4Z) r t I 19 Notary Public SUSAN M. CARDtNALE NOTARY PUBLIC, State of New York No. 52-4619540 Qualified in Suffolk_~t~ Commission Expires 0)0~/~ 1 ~ --~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of tile undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permt) (Other) [circle choice J 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district 4 1ha! % such Pelition, the undersigned will request lhe following relief: 5. That the provisions of the Southold Town Zoning Code ap~licable to the relief sought by the 'under- signed are A~'ti¢'le _.]~L_~.~.~.~.~.~ S~::tion / ~ o -' ..~ o ~3 ' [ ] Section 280-^, New York To~n Law for approval of access over' right(s)-of-way.~ 6. )'hat 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 ma), then and there examine the same during regular office hours, (5]_6) 7~5-'1809. 7. Thai 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: ~-2- ~ ~ ~ Petitioner ~'~Ka Owners ' Names: Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] P~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 281 160 271 _Receipt for Certified Mail P 256 972 771 F{ece'~q~r Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) a~sey & Elaine Tuthill {See Reversel ~FJ~sey & Elaine Tuthill ~ ~. Michaels Terrace ~rmeT, ~ 10512 ~ Dale arid Add ...... s Address /~'/ ~/ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~n ~o. r% ~ ~ , being duly sworn, depose~ and say~ that on ~he ~Z%~ day of ~pr~ ~ ~u~ ,19 ~ , deponent mailed a ~rue copy of the Notice set for~h on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of th~wn of Somhotd; that said Notices were mailed at the United States Post Of- rice at ~4 ~,~o F+ (certified) (~)-~ail. Sworn to before me this ~ ~r~ day of. Apr;~ Notary Public ; that said Notices were mailed to each of said persons by SUSAN M. CARDINAJ-E NOTARY PUBLIC, State of New yo~ No. 52-4619540 Quahfied in Suffolk C~oun~ Ex ~res Cemmission P 0~%*42 (This side does not have to be completed on form transmitted to adjoining property owners.) Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Att: Linda Kowalski June 2, 1993 Re: Cronin Variance Application 6 Short Court, East Northport, NY Dear Linda: Enclosed herewith is completed application containing all documents and checks as requested in your letter of 4/26/93 (attached). Also enclosed are re-notices to adjacent property owners and 4 photographs as per your request. Deck elevation you will note is approximately 8 inches above grade. The lot area is 4,638 sq. ft. The coverage includes house at 1,084.44 and added wood deck and walkway at 388, for total of 1,472.44. Thus coverage is currently[~%~_~v~z~ .317473%. Finally, please note as per our discussion this morning, you have the updated Notice of Disapproval issued by Thomas J. Fisher dated 5/6/93 in your file. Sincerely, P~iLIP J. CAR eric. APPEALS BOARD MEMBERS Gerard P. Goehring~r, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Will~n Telephone (516) 765-1809 Philip J. Cardinale, Esq. Main Road Jamesport, NY 11947-2021 BOARD OF APPEALS TOWN OF SOUTHOLD April 26, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~ Re: Variance Application - John and Constance Cronin Dear Mr. Cardinale: In accordance with our telephone conversation, please find enclosed six (6) survey prints in order that the dimensions of the walkway may be added. Also enclosed is the Notice of Disapproval (which is required pursuant to recent revisions of New York Town Law to be dated within 60 days of the filing of this appeal application). · You have confirmed that the following will be ~urnished within a couple of days in order to complete the file: 1) updated Notice of Disapproval; 2) additional $250.00 filing fee (Total $400.00) 3) current photoqraph(s)'of the existing construction under consideration and elevations; 4) lot coverage calculations (lot area and building coverage); 5) original and six prints of the survey with dimensions and'setbacks shown from all areas. Please furnish the above if possible by May 3rd in order that we may arrange for board inspections at the site and advertise the same for a public hearinq (to be held on or about May 20, 1993). Very truly yours, Enclosures cc: Board Members Linda Kowalski