HomeMy WebLinkAbout4179
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robe~ A. Villa
Richard C, Wilton
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
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appeal No. 4179:
Application for THOMAS D. DUFF, JR. and ELAINE DUFF.
Variance to the Zoning Ordinance, Article III, Section 100-32B
for permission to construct deck addition along west side of
existing dwelling with a reduced side yard setback. Property
Location: South Side of Crescent Avenue (North Hill), Fishers
Island, NY; bounded west by Nitze; east and south by Zabohonski;
County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as
Lot 25 on the unfiled "Map of Henry Walsh." This parcel is
nonconforming at 1.003+- acre in an R-80 Zone District.
WHEREAS, a public hearing was held on July 22, 1993, at
which time those who desired to be heard were heard and their
testimony recorded (no opposition was received); 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, the present use and zone
district, and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question:
(a) is a parcel of land situate along the southerly
side of Crescent Avenue (at North Hill), Fishers Island, Town of
Southold, containing approximately 43,560 sq. ft.;
(b) is improved with a single-family dwelling
structure set back approximately 73 feet from the front property
line along Crescent Avenue at its closest point and
approximately 17 feet from the westerly (side) property line.
(c) is located in the R-80 Zone District by the new
revisions of the Master Plan enacted in January 1989.
Page 2 - Appl. No g179
Matter of THOMAS A. DUFF, JR.
Decision Rendered July 22, 1993
2. By this application, appellant has requested approval
for a reduction in the westerly side yard to three feet for a
proposed 14-ft. open deck (unenclosed porch) extension from the
westerly side of the existing dwelling. The new deck area is
raised above grade and will be in lieu of the existing stoop
area which extends at the side of the dwelling (see survey
prepared March 16, 1974 by Chandler, Palmer & King Surveyors).
Any proposed step area to the new deck must be at the north side
or south side of the deck addition, rather than within the
three-foot sideyard.
3. The relief requested in this application is a reduction
in the side yard from 17+- feet to not less than three (3)
feet. There are no areas feasible for appellant to place a
porch addition due to the uniqueness of the land contours, which
drop off extensively in the remaining yard areas. Also, it was
confirmed that the appellant and the adjacent property owner to
the west (Peter Nitze) were planning to work out an agreement to
sell a small piece of his eight-acre parcel in order to, in
turn, enlarge the side yard setback if there was a process to
take with the Town wherein flexibility with respect to the
remaining 7.9+- acres for a future division would not be limited.
4. In considering this application, the Board also finds:
(a) that the side deck (or unenclosed, unroofed
porch) addition will not be an adverse impact to the essential
character of the neighborhood, and the relief requested in this
application is not substantial in relation to those buildings
existing generally in this neighborhood;
(b) that the variance will not in turn be adverse to
the safety, health, welfare, comfort, convenience or order of
the town, or be adverse to neighboring properties;
(c) that the addition is not an activity which would
cause an increase in dwelling unit density or cause a
substantial effect on available governmental facilities;
(d) that the appellant has pursued the possibility of
acquiring additional land to increase the westerly side yard
area;
(e) in considering all of the above factors, the
interests of justice will be served by granting the sideyard
reduction as requested and further noted below.
Accordingly, on motion by Member Doyen, seconded by
Member Villa, it was
Page 3 - Appl. N~4179
Matter of THOMAS ~DUFF, JR.
Decision Rendered July 22, 1993
RESOLVED, to GRANT a variance for a reduced side yard at
not less than three feet from the westerly property line at its
closest point for a new open (unenclosed) deck addition SUBJECT
TO THE FOLLOWING CONDITIONS:
a) the deck addition remain open and unroofed, as
requested;
b) the setback be not closer than three feet to the
westerly side property line.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
lk
/GERARD P. GOEHRI' ' , ~A~
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.~K
DATE ~'/C/~. ~ ~{OUR
Town Clerk, Town of Southold
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Rober~ A. Villa
Richard C. Wilton
Telephone (516) 766-1809
BOARD OF' APpEAL~
.TOWN OFSOUTHOLD
NOTICE OF PUBLIC HEARINGS
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
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAYt JULY 22, 1993 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the
Matter of JANET A. FERGUSON (cOntinued from June 22, 1993).
Central Avenue, Fishers Island, NY; County Tax Map Parcel ID
No. 1000-066-08-006.
2. 7:35 p.m.. Appl. No~ 4182 - KELLY McDERMOTT. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk
Schedule) for permission to expand house and accessory garage
which will exceed the 20% lot coverage limitation. Property
Location: Northeasterly corner of Oysterponds Lane and
Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map
Parcel No. 1000-24-1-8. This property contains an area of
Page 2 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8710+- sq. ft. and is located in the R-40 Residential Zone
District.
.3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE
DUFF. Variance to the Zoning Ordinance, Article III, Section
100-32B for permission to construct deck addition along west
side of existing dwelling with a reduced side yard setback.
Property Location: South Side of Crescent Avenue (North Hill),
Fishers Island, NY; bounded west by Nitze; east and south by
· Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also
referred to as Lot 25 on the unfiled "Map of Henry Walsh." This
parcel is nonconforming at 1.003+- acre in an R-80 Zone
District.
4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the
Zgning Ordinance, Article XXIII, Section 100-239.4A for
permission to locate dwelling structure with a reduced setback
from the bank or bluff of the L.I. Sound. Property Location:
58235 C.R. 48, Greenport, NY; County Tax Map Parcel No.
1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in
this R-40 Zone District.
5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY.
Variance to the Zoning Ordinance,'Article XXIV, Section 100-244B
(pertaining to nonconforming lots) and Bulk Schedule, for
Page 3 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
permlssion to construct front porch addition with a reduced
front yard setback at 195 Mary's Road, Mattituck; County Tax
Map Parcel No. 1000-140-2-36.
6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
(schedule Pertaining to nonconforming lots) for permission to
construction open deck addition with an insufficient rearyard
setback. Property Location: Southwest Corner - Intersection of
Oak Drive and Ha~waters Drivel Cutchogue; County Tax Map Parcel
No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq.
ft. in this R-40 Zone District.
7~ 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for
permission to construct addition to accessory storage-garage
building which was recently altered under Permit No. 20895
issued 8/18/92. Proposed addition would reduce the required
frontyard setback and would be in excess of 20% lot coverage
limitation for all buildings. Property Location: 520 Rabbit
Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11.
This property is nonconforming at 2614+- sq. ft. in this R-40
Zone District.
Page 4 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). This is a request which concerns the ApriI 26, 1991
and April 9, 1991 Notices of Disapproval issued by the Building
Inspector concerning an application for permit to include
kitchenettes in motel units citing Article III, Section 100-13
which is the Definition Section of the Zoning Code pertaining
to the April 9, 1991 Notice of Disapproval which reads,
"...hotel or motel transient which says in part that there will
be no cooking facilities..", and pertaining to the April 25,
1991 Notice of Disapproval which reads, "...hotel or motel
resort. Action required by Zonin~ Board of Appeals to permit
cookin~ facilities in individual motel units .... "
The subject premises previously had received a conditional
determination for a Special Exception filed 11/28/89 under
Application No. 3542 for use of the premises for 68 motel units
without individual kitchenettes or dwelling uses. Location of
Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel
No. 1000-045-01-001 and 002 (now 2.1), containing approximately
7.5 acres. The subject premises is located in the
Resort-Residential (RR) Zone District.
9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding
Corp., a Type C Not-For-Profit Corporation (now or formerly
known as "Association for The Advancement of Blind and Retarded,
Inc." , as Contract Vendee, request a Special Exception as per
Page 5 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
the Southold Town Zoning Code, Article III, Section 100-31B for
use as a philanthropic home as provided by Subsection 5 thereof.
Property Location: South Side of Middle Road near the end of
Highway 48, House 96760, Mattituck, NY (present owners: Joseph
and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121-
4-8.1, containing 13+ acres.
10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the
Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission
to locate accessory one-story garage building partly in the side
yard with a setback at approximately five feet from the
southerly side property line. Location of Property: 3735 Deep
Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek
Estates. County Tax Map Parcel No. 1000-115-16-20. This
property is substandard in size at 21,710 sq. ft. in this R-40
Zone District.
11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and
WILLIAM GOODALE. Variance to the Zoning Ordinance, Article
XXI, Section 100-212B for relief from the front yard landscaping
provisions of the zoning code. Location of Property: 7655 NYS
Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax
Map Parcel No. 1000-122-6-30.1 (previously 30).
Page 6 - Notice of~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK
AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the
Zoning Ordinance, Article X, Section 100-101B(12) for a permit
authorizing: (a) a new car sales-rental establishment; (b)
an establishment of an accessory use incidental to the proposed
new car sales estabiishment for the sale and/or lease of used
vehicles; (c) outside display of vehicles for sale; (d)
accessory office use incidental to the new principal use as a
new car sales establishment.
Road (NYS Route 25), Laurel,
Parcel No. 1000-122-6-30.1.
Location of Property: 7655 Main
near Mattituck, NY; County Tax Map
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
7.65-1809 or visit our office.
Dated: July 6, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRSL~N
By Linda Kowalski
x
FORM
TOVCN OF $OUTItOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
To Mr. Thomas A. Duff, Jr.
34 Hunter Road
Manchester, Ct. 06040
Date ..... .~.y.~ .............. , 19 93
PLEASE TAKE NOTICE that your application dated ..; .~. ~Jb. }P~ ............... 19. ~..
Ar permit to CONSTRUCT A DECK EAST SIDE OF D~/ELLING
Location of Property . q.P,~.~CENT AVE. FISI~RS ISLAND, N.Y.
Ho~o No. ' .................... ~}~i .....................h~l~
County Tax Map No. 1000 Section ..... q ........ Block ... ~. ~ ....... Lot .. ~ .........
Subdivision ................. Filed Map No. ~ ............... Lot No ..................
is returned herewith and disapproved qn the Allowing grounds I~l~'. ?]~.~'.. ~]~. XARp.. .
............................. :~ ............. ,?..~ . ~'~.. · ,
ACTION I'~EDED BY Titl~ ZONING BOARD OF A~PEALS.
.................................................................. .....
H~ I O 0 -32 /~ '
................................
· . BULK, /~AAND PARKING I~GULATIONS.
Sr. Building Irfspector '
Curtis ~/. ~orton
RV 1/80
Examined ............ -.... 19...
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-160;3
Approved ................ , 19... Permit No ............
I)isapproved a/c ........ '
KD OF HEALTH .........
3 SETS OF PLANS ..........
SURVEY ...................
CIIECK .....................
SEPTIC FORH ..............
NOTIPY;
CALL ...................
HAIL TO: .
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ...... .~2/..".
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 gi¥ing a detailed description of layout of property must be drawn on the diagram which is part of this appli-
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 w6rk.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
mil have been granted by the Bui/ding Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
uilding Zone Ordinance of the Town of Southold, Suffolk County; New York, and other applicable Laws, Ordinances or
egulatinns, for the constrUction of buildings, additions or alterations, or for removal or demolition, as herein described.
~e applicant agrees to comply with ail applicable laws, ordinances, build;ne eo,ta housing code, and regulations, and to
;mit author/zed inspectors on premises and in building for n~~ . -.. ~~~~----~. ~"' '~
( 'gnature of applicant, or name, if a corporation)
(Mailing address of applicant)
ate whether applicant is ?.wne[, lessee, agent, architect, engineer, general contractor, electrician, plunlber or builder.
(as on the tax roll or latest deed)
applicant is a corporation, signature of duly auth~orized officer.
(Name and title ofcorporate officer)
Builder's License No ..........................
Plumber's License No. .........................
electnc?n s L~cense No .......................
Other Trade's License. No .......................
L tio ofl d hi h d k illbe'd '
oca n an onw c propose wor w one ............ , .....
House Number Street- ~ .......................
County Tax Map No, 1000 Section .................. Block .................. Lot,, ,a~,'~ ..............
Subdivision .................. . ................... Filed Map No ......... ; ·,;, '.; Lot
(Name) . - ' ..............
State existing use and occupancy of premises and intended use and occupanc~'~f prqp6~s~.~t construction:'
a. Existing use and occupancy . ~.
b. Intended use and occupancy
3.' Naiu~'e of work (check which applica~ New Building .......... kdditionl .~.../,~' ./~.. Alteration
Repair .............. Removal .............. Demolition . J~.. .. Other Work ...............
( ~ ~OO (Desc~ption)
4. Estimated Cost . ' 2~O~ ............................ Fee .................... J ..........
(to be paid on filing this application)
5. If dwelling, number of dwelling units ................ Number of dwelling units on each floor .
If garage, hum ber of cm ...............
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ~ ......
7. Dimensions of existing structures, if any: Front .~.~. Rear ~.~ .... Depth .~O..~
Height ~l~&q~ ~ ' .......
~ ..... Number of Stories . ~.~.
D~ensions of same structure with alterations or addiq .... "': ........................
' ~' ' gRPX.. .' ......... Rear . ~..~ .......
Depth .BO..~qk. ~g.~ ..... HeiSt ~ :r of Stories. ~9 ........ 2~ ......
8. Dimensions of entire new construction: Front..tq.L;i. ~ ' .....
Height .~q~ .~.( Number of Stories ~ . ~ .la~] ........ Depth . ~.~ ........
9. S~ze of lot: Front . fl~l~F,... Re~ ~r~J ')_k'~'¢ .................. ~'~'' ~ .... ~ .........
. . '~ .... . .......2., ..... ......... ~ameofFomerOwner ~)~.g..[~ ~ o '
I1. ~one or use d,stnct ~n (~tch premises are situated :.~.gO ........... [ ~ · . ~14 .~.~...
12. ~oes proposed cynstruction violate any zoning law, ordinance or reaulation ~ ................... ~. .
13. }~fl~!ot~regraa~d .~O..~.,..[,. .... :':.....~..Willexcessfillberemovedfrom remiss: y
14. 2~e o[ ?w~er o~ pr~,~e~ .t.~j.~A~ .~, ~/f/? q4Add~ess3~O~,.~ ~.~ ~,~ ,~ /.,~s ..~.~
2~e o[ ~rc,~tect . J:~,.~h~ .......... ..... Address I~I e, Tph~-. u~ 7 · ~..
~meo~c0ntractor I I~d~ ... 'AhL;k ,~ %-~ 2 ..........................
5. Is th~, ro ere ' ~k1;''''kkk' '_ ...... . ....... ~aare~ ¢~-g~ .~&.~7~ .... Phone No ...........
p p y ~nxn Juu teet or a t~dax wetland? *Yes ........ No..~ .... . .....
· If yes, Southold To~ Trustees Permit may be required. ..
... PLOT DIAG--.
Locate cleaHy ~d distinctly M1 buildMgs, whether ekisting or proposed, ~d. indicate MI ~et-back d~ensions from
~rope~y Hnes. Give street ~d block number or description accordMg to deed, and show street nines and indicate wh6ther
ntefior or comer lot.
is the ............ . ........ . .......................
(Contractor, agent, corporate officer, etc.) ..............
said owner or owners, and is duly authorized to perforrh or have performed the said work and to make and file this
,lication; that all statements contained in this application are true to the best of his knowledge and belief; and that the
~k will be performed in the manner set forth in the application filed therewith.
_,m to before me this
· ' "ILEEN G. WALL.
NOTARY PUBLIC, NEW YORK STATE
·NO. 01WA9509185 '
QUALIFIED IN SUFFOLK COUNTY (Signature'of~licant)
.. TERM EXPIRE8 OCTOBER 31, 10 ?~:~-
R E~IVED //_Z~ ~,~
JUN ~= 19~3
TOWN OF SOUTHOLD, NEW '~i~,ld Tewn Cle~
APPEAL FROM DECISION OF BUILDING INSPECTOR .... APPE~L.t~IO. ~/ '~
DA T E .~.~'/....'~.,... L .~. ?.~.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant Street and Number
.... l...J~..~.~t~.~,~.).,;..~ ....................................................... .CT ~.-.~o HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ~.J.,~../...O...O..::.~.~.~, ......... DATED ..I.'f. lA'~..,;~.,..I..~.~g ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
7
Name of Applicant for permit
o, us - ...... ............ ..m.. .......................... .... cz.
Street and Number ~umc~pa.~ State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
~X) ~l~t~ '~o ~,'k~) A ~)~1$
1. LOCATION OF THE PROPERW
Street /Hamlet /--Use District on Zonin~ Map
District 1000 Sect~on~ Block~Lot~,~ ~ .
'~;;"~Z ............... ~ ...... .Lot No..~- ~o~ 0~.~. ~,~ m.
2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub-
sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. ~PE OF APPEAL ~ppeal is made herewith for (please checR ~ppropr~e box)
(~ A VARIANC~ to the ~ning Ordi~nce or Zonin9 Map
( ) A VARtANC~ d~e ¢o [ack of access (~tate of New York T~n L~w Chap. ~ Cons.
~rt. 16 Sec. 280A ~ubsection 3
()
4. PREVIOUS APPEAL A previous appeal (hosi~been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ,~ppeal was ( ) request for a special permit
~)/~) request for a variance
~md was made in Appea! No ................................. Dated .................. t .......... · ........................................
REASON FOR. APPEAL
( ) A Variance to Section 2BOA Subsection
(;~) A Variance to the Zoning Ordinance
( )
is requested for the reason that 'V~_ /~tJ~l~
Form
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER 'OF TH£ DIS I KICT because
COUNW Or ss ..
Sworn to this ............ Z..~'~,,, .................. doy of ............... ~: ......................... 19 ~..~
Notary Public
TOWN OF SOUTHOLD PROPERTY IllC,~RD CARD
°W'~"IER STREET VILLAGE DIST. SUB. LOT /'~'i - .v.. -
FORMER OWNER N E "~ ACR.
S W ~ ~PE OF BUILDING
RES~ ~ 5~S. VL. FARM CO~. CB. MICS. Mkt. Value
~ND IMP. TOTAL DATE R~RKS /
77 '
'illoble FRONTAGE ON WATE~
rowland FRONTAGE ON ROAD / ~ ~ /
te~d°wl~nd DEPTH ,
louse Plot BULKH~O
~tal
M. Bldg.
Extension
Extension
COLOR
TRIM
Extension
Porch
Porch
Breezewc~y
Garage
Patio
Total
Foundation
Basement
Ext. Walls
Fire Place
Type Roof
Recreation Room
Dormer
Bath
Floors
Dinette
Driveway
Rooms 1st Floor BR.
Rooms 2nd Floor FIN. B
Interior Finish :LR.
Heat DR.
which has been damaged by fire or other causes to the extent
of more than fifty percent (5096) of its fair value shaii not be
repaired or rebuilt unless the use of such building is changed
to a conforming use.
onconforming lots.
bsection is intended to provide minimum standards for
granting of a building permit for lots made nonconforming or
continued in a state of nonconformance by the adoption of this
Article and that were singly and separately owned as of the
effective date of this Article.
B. A nonconforming lot separately owned and not adjoining any
lot or land in the same Ownership at the effective date of this
Article and not adjoining any lot or ]and in the same
ownership at any time subsequent to such date may be used,
or a building or strueturo may be erected on such lot for use,
in accordance with all the other applicable provisions of this
chapter, provided that proof of such separate Ownership is
submitted in the form of an abstract of title showing the
Changes of title to said lot, which abstract shall be in the usual
form, shall be certified by an attorney or a company regularly
doing such work in Suffolk County or by a corporation duly
licensed to examine and ensure title to real property in Suffolk
County and shall contain a certification that no contiguous
property was owned by an Owner of the property involved
since the date of any previously applicable Zoning Law. Such
lot shall be granted relief for front side and rear yard
dimensions as follows:
10144
2-25-89
§ 100-244 ZONING § 100-250
~:. In the case of single and separate ownership of a nonconform-
ing lot located in a subdivision plat, approved after April 9,
1957, by the Planning Board of the Town of Southold and filed
with the County Clerk of Suffolk County, relief for all front,
side and rear yard and area dimensions shall be granted to the
extent that such front, side and rear yard and area dimensions
were required at the time the map was originally filed with
the County Clerk of Suffolk County.
§ 100-245. Repairs and maintenance.
400
~O06-
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
ob rt .M'
Ric~r~ C~. W~ton
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
Fax (516) 765-1823
Telephone (516) 765-1800
Pt~suant to Article X/V of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Bout_hold, New York, hereby refers the following
to the Suffolk County Planning Cum%ission:
XX Variance from the Zoning Code, Article III , Section 100-32B
__. Variance from Determination of Southold Town Building Inspector
~ Special Exception, Article , Section
__ Special Permit
Appeal No: 4179 Applicant: Thomas & Elaine Duff, Jr.
Location of Affected Land: S/s Crescent Ave., Fishers island, NY
County Tax Map Item No.: lO00- 6-2-3.2
Within 500 feet of:
__' Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Comments:
Within One Mile of a Nuclear Power Plant
__Within One Mile of an Airport
Applicant is requesting permission~to
construct deck addition with
a reduced side yar~ setback
Copies of Town file and related documents enclosed for your review.
Dated: August 5, 1993
APPEAi~ BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPF~
TOWN OF SOUTHOLD
August 2, 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
Mr. and Mrs. Thomas Duff,
34 Hunter Road
Manchester, CT 06040
Jr o
Re: Appl. No. 4179 - Variance for Open Porch Addition
Dear Mr. and Mrs. Duff:
Enclosed please find a copy of the findings and
determination rendered by the Board of Appeals concerning your
application for a variance.
Please be sure to contact or return to the Town Building
Department for issuance of final permits and approvals before
com~encing construction activities.
We have furnished copies of this approval to the Building
Department for their update and permanent recordkeeping
concerning the issuance of their Notice of Disapproval.
Also, since this project is located at or near 500 feet of
Fishers Island Sound, a copy of this file has been referred to
the Suffolk County Department of Planning in accordance with the
rules and requirements of the Suffolk County Administrative Code
pertaining to variance projects.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to: Building Department
Suffolk County Department of Planning
DEPARTMENT OF PLANNING
COUNTY Of SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
ARTHUR H, KUNZ
DIRECTOR Of PLANNING
August 6, 1993
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Duff, Thomas & Elaine Jr.
Austine, John
4179
4183
Very truly yours,
Harold A. Withers
Deputy Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
PETER P. NITZE
ONE ~V~EST 7~ND STREET
NEW YOtlK, NEW YORK 10023
Mon, Jun 21, 1993
Mr. Thomas D. Duff, Jr.
34 Hunter Road
Manchester
CT 06040
Dear Tom:
I received your letter with the plan for the proposed deck and
request for a variance. ! have no objection to your plan.
While we haven't yet made any plans with respect to the sale of
our remaining land surrounded by Crescent Avenue I have no
objection in principal to selling you the small piece you want.
The one possible problem I can see is that a sale to you might be
some sort of subdivision and limit our flexibility with respect to the
balance of the land.
If your lawyer believes that this is not a problem ! would be glad to
discuss the situation with him ( or her ) and entertain any offer you
would care to make.
.~t. k2~rds and apologies for
Cy delay in~ding,
APPEALS BOARD MEMBERS
Gerard R 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 11, 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
Mr. and Mrs. Thomas D.
34 Hunter Road
Manchester, CT 06040
Duff, Jr.
Re: Application for New Deck - Sideyard Variance
Dear Mr. and Mrs. Duff:
Pursuant to our conversation today with Mrs. Duff, we are
enclosing your personal check (%130) made payable to the
Building Department in order that it may be replaced with
another check made payable to the Southold Town Clerk (or the
Town of Southold) for this variance application.
Also, attached are copies of the survey map in order that
all existing structure(s) may be shown, as well as the proposed
deck. If the requested setback is less than three feet, please
show the figure to be considered.
Please feel free to call if you have any questions. Thank
you.
Very truly yours,
Enclosures
Linda Kowalski
THOMAS D. DUFF, JR.
ELAINE G. DUFF 013 0
MANCHESTER, CT 06040 . .z ...,~"~ 19~-~ 119
FLEET BANK
MANCHESTER MAIN OFFICE ~59
MANCHESTER, CONNECTICUT ~
NOTICE IS HEREBY:
"GIVEN, pursuant to Section i
267 of the Town Law and the
Code of the Town of
"Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN~
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on THURS-
DAY, JULY 22, 1993, eom-
mencing at the times specified
below: - t
1.7:32 p.m. Appl. No. 4172-k
To reconvene hearing in the~r
Matter of JANET A..~
FERGUSON (continued from '
June 22, 1993)" Central
Avenue, Fishers 'Island,~ NY;
County ~ Map Parcel ID
No. 1000-066-08-006.,
2. 7:35 p.m. Appl. No. 4182-
KELLY McDERMOTT.
Variance tO the Zoning Or-
dinance' Article IIIA, Section
100-30A.3 (Bulk Schedule) for
permission to expand house [
and accessory garage which!
will exceed the 20% lot ~
coverage limitation. Property '
Location: Northeasterly cot- I
· nar of Oysterponds Lane and
Skipper's Lane (a/k/a State
St.), Orient, NY; County Tax
Parcel ID Nod
Map
1000-24-1-8. This property
contains an area of 8710+ sq.
ft. and is located in the R-40
Residential Zone District.
3.7:40 p.m. Appl. No. 4179-
THOMAS D. DUFF, JR.
AND ELAINE ' DUFF.
-Variance to 'the Zoning Or-
dinance, Article III, Section
100-32B for permission to
construct deck addition along
west side of existing dwelling
with a reduced side yard set-
back. Property Location:
South side of Crescent Avenue
(North Hill), Fishers
Island,NY; bounded west by
Nitze; east and south by
Zabohonski; County Lax Map
Parcel ID No. 1000-6-2-3.,2;~
also referred.to as Lot 25 on'
the unfiled "Map of Henry
WalshY This parcel is noncon-
forming at 1.003 + acre in an
R-80 Zone District.
4. 7:45 p.m. Appl. No 4160- i
SUSAN TASKER. Variance to
the Zoning Ordinance, Article
XXIII, Section 100-239.4A for
permission to locate dwelling.
structure with a reduced set-
back ~l~ the bank or bluff
of the"~l. Sound. Property
Location: 58235 C.R. 48,
Greenport, NY: County Tax
Map Parcel ID No.
1000-44-2-11. This parcel is
nonconforming at 5,775 sq. ft.
in this R-40 Zone District.
5.7:50 p.m. Appl. No. 4177-
3AMES .P~ and E1LEEN.
LEDDY. Variance to the Zon-
ing Ordinance, Article XXIV,
Section 100-244B (pertaining
to nonconforming lots) and
Bulk Schedule, for permission
to construct front porch addi-
tion with a reduced front yard
setback at 195 Mary's Road,
Mattituck; County Tax Map
Parcel ID No. 1000-140-2-36;
6. 7:55 p.m. Appl. No. 4178-
JAMES AND DOROTHY
FITZGERALD. Variance to
the Zoning Ordinance, Article
XXIV, Section 100-244B:
(schedule pertaining to non-
conforming lots) for permis-
sion to contruct open deck ad-~
dition with an insufficien~/I
rearyard setback. Property.,
Location: Southwest corner-
Imersection of Oak Drive and
Haywaters Drive, Cutchogue;
County Tax Map Parcel ID
No. 1000-104-5-25,.This parcel
is nonconforming at 19,602+
sq. ft. in this R-40 Zone
District
7. 8:00 p.m. Appl. No. 4180-
JOAN AND ROY BERMAN.
Variance to the Zoning Or-I
dinance, Article IliA, Section
100-30A.3 for permission to
construct addition to ac-:
cessory storage-garage
building which was recently:
altered under Permit No.
20895 issued 8/18/92. Propos-/~
ed addition WOuld reduce
required frontyard setback l
and would be in excess of 20%
lot coverage limitation for all
buildings. Property Location:
520 Rabb t lane, East Marion,
NY; County Tax Map Parcel
ID No. 1000-31-18-11. This
property is nonconforming at
2614+ sq. ft. in this R-40 Zone
District.
8. 8:05 p.m. Appl. NO. 4039-~i
CLI. FFSIDE ASSOCIATES,
INC. (Owner). This is a re-:
quest which concerns the
April 26, 1991 and April 9,
1991 Notices of Disapproval
issued by the Building Inspec-
tor c6nceralng an application
for permit to include kit- o
chenettes in motel umts cmng~
Article III, Section 100-13
~yhich is the Definition Section
of the Zoning Code pertaining
to the April 9, 1991 l~[[e of
Disapproval Which~ds,
"...hotel or motel transient
which says in part that there
will be no cooking i
facilities...;' and pertaining
to the April 25, 1991 Notice of
Disapproval which reads,
"...hotel or motel resort. Ac- '
ti0n requircd by Zoning Board I
of Appeals to permit cooking
facilities in individual motel
units.. :'
The subject premises
previously had received a con-
ditional determination for a
Special Exception filed
11/28/89 under Application
No. 3542 for use of the
premises for 68 motel units
without individual kitchen-
ettes or dwelling uses. Loca-
tion of Property: 61475 C.R.
48, Orcenport, NY; County
Tax Map Parcel ID No.
1000-045-01-001 and 002 (now
2.1), containing approximate-
ly 7.5 acre. The subject
premises is located in the
Resort-Residential (RR) Zone
District.
9. 8:10 p.m. Appl. No. 4f81-
AABR REALTY Facilities
Holding Corp., a Type C Not-
For-Profit Corporation (now
or formerly known as
"Assodation for the Advanee-i
merit of Blind and Retarded,);
Inc2') as Contract Vendee, re-
quest a Special Exception as
per the Southold Town Zoning
Code, Article III, Section
100-3lB for use as a philan-
thropic home as provided by
Subsection 5 thereof. Proper-
ty Location: South side of
Middle Road near the end of
Highway 48, House No. 6760,
Mattituek, NY (present
owners: Joseph and Patricia
Stiefer). County Tax Map
Parcel ID No. 1000-1214-8.1,
containing 13+ acr6s.
10. 8:20 p.m. AppL No.
4183- JOHN AUSTINE.
Variance to the Zoning Or-'
dinance, Article IliA, Section
100-30A.4 for permission to~
locate accessory one-story
garage building partly in the
side yard with a setback at ap-
proximately five feet from the
southerly side property line.
Location of Proerty: 3735
Deep Hole Drive, Mattituck;
Lot No. 54, Map of Deep Hole
Creek Estates. County ~
Map Parcel ID No.
1000-115-16-20. This property
js.s~ubstandard in size at 21,710
sq. R. in this R-40 Zone
District. I
11_ 8:30 p.m. Appl. No.i
4120- MATTITUCK AUTO
CENTER, INC., and
WILLIAM GOODALE.
Variance to the Zoning Or-
dinance, Article XXI, Section,
100-212B for relief from the
front yard landscaping provi-
sions of the zoning code.
Location of Property: 7655
NYS Route 25 (Main Road),
Laurel, near Mattituck, NY; /
County Tax Map Parcel No. /
1000-122-6-30.1 (previously ~
HEARING on AppL No. ~
4119SE-MATTITUCK AUTO
CENTER, INC. and.
WILLIAM GOODALE.
Special Exception to the Zon-
ing Ordinance, Article X, Sec-
tion 100-101B(12) for a permit
authorizing: (a) a new car,
sales-rental establishment;
an establishment of an ac-~
eessory use incidental to the
proposed new car sales
establishment for the sale'
and/or lease of used vehicles;
(c) outside display of vchlcles
for sale; (d) accessory office
use incidental to the new prin-
cipal use as a new car sales
establishment. Location of
Property: ?655 Main Road
(NYS Route 25), Laurel, near
Mattituck, NY; County T~
Map Parcel ID No~
1000-122-6-30.1.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard
the above matters. Written~
comments may also be sub.-
mired prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you ~vish to review the files or
need tq request more informa-
tion, please call 765-1809 or
visit our office.
Dated[July 6, 1993
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
· IX-7/8/93(16)
COUNTY OF
S I'AI'E OF NEW YOP. K
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;
.. an~J that the notice of which the annexed is a printed copy,
has been .published in said Long Island Traveler-Watchman
· :' ' oncccacb week for .... ............... ,/ ....... weeks
successively, commencing on the
Sworn to before me this .................. '... day of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State ol k'~w York
No. 4806346
Qualified i~r Suffolk County
C~mmissi0n Expires
APPEALS BOARD MEMBERS
Gerard R G°ehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
PO. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 6, 1993
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 lengthy, a draft or final written copy is
always ~ppreciated.
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 submit the
additional filing fee. You must notify our office prior to the
advertising Of the present application for the amendments. Once
the application has been advertised, a separate application would
be then be required for additional relief.
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,
Enclosure Linda Kowalski
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
July 22, 1993
P r e s e n t : HON.
(7:30 p.m. Hearings Commenced)
GERARD P. GOEHRINGER,
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
LINDA KOWALSKI,
Chairman
Clerk-Assistant to Board
Board of Appeals 8 July 22, 1993
APPL. NO. 4179 - THOMAS D. DUFFt JR. and ELAINE DUFF.
Variance to the Zoning Ordinance, Article III, Section 100-32B
for permission to construct deck addition along west side of
existing dwelling with a reduced side yard setback. Property
Location: South side of Crescent Avenue (North Hill), Fishers
Island, NY; bounded west by N~tze; east and south by
Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also
referred to as Lot 25 on the unfiled "Map of Henry Walsh."
This parcel is nonconforming at 1.003+- acre in an R-80 Zone
District.
7:40 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have a copy of a survey which
originally was produced by Chandler & Palmer in Norwich,
Connecticut, dated March 16, 1974. The house, as it lies on the
property, is skewed to one side, and the nature of this
application is a proposed deck of 14 by 24. Serge, how close
did you say that was to the property line?
MEMBER'DOYEN: Three and a half?
sir?
this and surrounding properties in the area.
use the microphone if you wouldn't'mind, sir?
Appearance: Thomas D. Duff, Jr.,
Mr. Duff is here.
THE CHAIRMAN: Oh, Mr. Duff is here. How are you,
I have a copy of the Suffolk County Tax Map indicating
Could I ask you to
MR. DUFF: Sure.
Applicant pro se.
Board of Appea
9
July 22, 1993
THE CHAIRMAN: What is the approximate distance
between that and the property line on the sideyard, sir?
MR. DUFF: At one point of the deck it is like 24
feet. At one point it is 3 feet.
THE CHAIRMAN: So its closest point is 3 feet?
MR. DUFF: 3 feet, yeah; then the other part of the
end of the deck is up 14 feet because the house is on a little
bit of an angle.
THE CHAIRMAN:
MR. DUFF: 14
THE CHAIRMAN:
Right. You say 14 feet?
feet, right.
Great. It was a little strange because
usually anybody who comes from Fishers Island is represented
either by an attorney or architect, so it is so nice to have
somebody 'come over as an owner and represent themselves.
MR. DUFF: I liake to come once in a while. I used
to be stationed in Riverhead with the Air Force, so I want to
take a look at the place a l~ttle bit and see what has changed.
THE CHAIRMAN: A pleasure to meet you. This will be
an unroofed deck?
MR. DUFF: Unroofed.
THE CHAIRMAN: Does anybody on the Board have any
questions of Mr. Duff?
MEMBER DOYEN: That letter that you Just showed me,
did you enter that in?
MR. DUFF: No, I haven,t. I just received that a
little while ago.
Board of Appeals 10 July 22, 1993
MEMBER DOYEN: Mr. Duff has etched a legal agreement
with neighbor Nitze to buy a piece of property adjoining that
so he can have more land anyway.
THE CHAIRMAN: Do you have a copy of that, or do you
want us to make a copy?
MR. DUFF: See, what. I have been trying to do is to
buy that piece, 100 feet there, this piece right there
(indicating); and finally he agreed that he would sell it to
me. We just got to negotiate a price and the other thing I got
to find out if I can Just make a line change.
anyway.
about.
Board.
· before us
-right.
it?
have one.
THE CHAIRMAN:
MEMBER DOYEN:
You probably have to come back to us
That is 9 1/2 acres we are talking
This will be taken out of nine and a half acres.
THE CLERK: That wouldn't be us. It is the Planning
If it is undersized, it is us.
THE CHAIRMAN: Well, no, it is just going to come
in reference-- It is an R80 zone district.
THE CLERK: His lot is being increased.
THE CHAIRMAN: It is not being increased, no.
THE CLERK: For referral?
THE CHAIRMAN: It will come to us for referral,
Can I keep this, or would you like me to keep a copy of
MR. DUFF: If you would make a copy so that I would
Board of Appeal~
11 July 22, 1993
THE CHAIRMAN:
leave. Is there anybody else who would like to speak in favor
or against this application?
(There was no response.)
MEMBER VILLA: The piece of property the gentleman is
trying to buy then is actually vacant?
MR. DUFF: Actually there is nine and a half acres he
owns vacant. It is all wooded land, and all I want is a piece
that is a pie. See, my land goes 45 feet in back of his
property, so I want that 45 feet. Then up in the front on
Crescent Avenue it is 100 feet. Have you got the survey map
there?
THE CHAIRMAN: Have you got the survey, Bob?
MEMBER VILLA: Yes.
MR. DUFF: See, my land goes behind his. So what I am
trying to do is to get this --Just about a quar{er of an acre
there.
THE CHAIRMAN: Do you want to entertain this
application? Or do you want to talk about it later?
MEMBER VILLA:
problem, right?
THE CHAIRMAN:
MEMBER DOYEN:
motion that it be approved as applied
conditions.
Sure, we will give it to you before you
If he is buying that, it eliminates the
Yes..
If you want a motion, I will make a
for, with the regular
(Seconded and carried.)
Board of Appeals 12 July 22, 1993
machine?
MR. DUFF: Thank you.
THE CHAIRMAN: Do you know how to use the copy
MR. DUFF: Not this one.
THE CHAIRMAN: Jimmy, could you make a copy of this;
Just give us the copy and give Mr. Duff back the original.
PETE]~ P. NITZR
O~E WEST 72IGD STREET
/VEW YORK, ~]'EW YORK 10023
Mon, Jun 21, 1993
Mr. Thomas D. Duff, Jr.
34 Hunter Road
Manchester
CT 06040
Dear Tom:
I received your letter with the plan for the proposed deck and
request for a variance. ! have no objection to your plan.
While we haven't yet made any plans with respect to the sale of
our remaining land surrounded by Crescent Avenue I have no
objection in principal to selling you the small piece you want.
The one possible problem ! can see is that a sale to you might be
some sort of subdivision and limit our flexibility with respect to the
balance of the land.
If your lawyer believes that this is not a problem ! would be glad to
discuss the situation with him ( or her ) and entertain any offer you
would care to make.
,~ktt~~rds an.d apologies for
:':..:
GUARANTEE COMI~f and PIONEER NATIONAL TIT[2~ INSURAN$OMP, tNY
Tifle No. 1284854
Addi~'ionel Exceptions
N. Survey by Chandler, Palmer & King dated 5-16-1974 shows vacant
lands. Also CHOWS a 50 ft. building set-back restriction. No
variations.
O. 50 ft. building set-back restriction as shown on the survey
furnished.
t~
Copies of the Legal Notice of Hearings for 7/22 sent to the
following on 7/6/93:
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
Mrs. Kelly McDermott
P.O. Box 2002
Orient, NY 11957
Eh-COnsultants, Inc.
1329 North Sea Road
Southampton, NY 11968
Mr. and Mrs. James P.
29 Bradford Lane
Bethpage, NY 11714
Leddy
Rudolph H. Bruer, Esq.
Main Road - Box 1466
Southold, NY 11971-1466
Mr. and Mrs. Thomas Duff,
34 Hunter Road
Manchester, CT 06040
Jr.
Re: Ferguson
Re: Tasker
Re: AARB
Mr. and Mrs. Roy Berman
79 Mackey Avenue
Port Washington, NY 11050
Richard T. Haefeli, Esq.
184 Main Street
P.O. Box 1112
Westhampton Beach, NY 11978
j. Kevin McLaughlin,
1050 Youngs Avenue
Southold, NY 11971
Esq.
Ardnt Construction
64 Circle Drive North
Patchogue, NY 11772
Re: cliffside Associates
Re: Goodale/Mattituck Auto
Re: Austine
Re: Fitzgerald
Proper-T Services, Inc.
P.O. Box 617
'Cutchogue, NY 11935
L.I. Traveler-%,~atchman, In~. - Times-Review courtesy copy
ZBA Board Members with copies of each pertinent file
Town Clerk Bul!ctin Board (in lobby)
Building Depar~nent Attn: C. Horton
Planning Board':Chairman R. Ward
Town Attorney ~- Arnoff
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
R° er ..v /hton
Richard
Telephone (516) 763-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
· June 24,
SCOTI' 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.
~PE II ACTION DECL~ATION
Appeal No.
Project/Applicants:
County Tax Map No.
Location of Project:
Thomas D. Duff, Jr.
1000- 6-2-3.2
Crescent Ave., Fishers
Island, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct deck addition w~th insufficient side yard setback
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, $outhold, 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 VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
June 24, 1993
ZONING APPEAL APP. NO.
4179 - THOMAS D. DUFF
Transmitted herewith is Zoning Appeal Appl. No. 4179 - THOMAS D.
DUFF together with the NOtice of Disapproval from the Building
Department, the Notices to Adjacent Property Owners, a sketch of
the proposed deck, a copy of the tax map, a letter from Elaine Duff
received June 24, 1993, a copy of the survey map, 3 photographs,
a copy of a letter from Curtis Horton to Mr. Duff dated May 11, 1993,
a copy of the application form Building Permit, the Zoning Board of
Appeals' Questionnaire, the Short Environmental Assessment Form,
a copy of the deed, a copy of a letter from the Zoning Board of
Appeals dated June 11, 1993, and a survey map.
Judith T. Terry,
Southold Town Clerk
FORM
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TO~,VN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
Date .Il. ay. ~9; ............ 93
TO Mr. Thomas 'A. Duff, Jr.
34 HunEer Road
Manchester, Ct. 06060
PLEASE TAKE NOTICE that your application dated APRIL 30, , 19 93
for permit to CONSTRUCT A DECK EAST SIDE OF D~ELLING
Location of Property . CRESCEI~ AVg. FISBERS ISLAND, N.Y.
House No. S ..... Ham/et
County Tax Map No. 1000 Section 6 Block 2 3.2
.............. Lot
Subdivision ................. Filed Map No. r ............... Lot No ..................
is returned herewith and disapproved on the following grounds INSIIFFIClEItr SIDE Y~RI).
SETBACKS. MINIMBM OF ~5 FEET NEEDED.
ACTION NEEDED BY 'l'ttlS ZONING BOARD OF APPEALS.
CB 100-32B -
BULK, AREA..A~I). PARKING REGULATIONS.
Building ' '
RV 1/80
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
I CERTI~-Y THAT THE iNFORMATiON PROVIDED AEOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete tJ3e
Coastal Assessment Form belore proceeding with this assessment
OVER
1 .[Continued on reverse side)
PART 1--PROJECT INFORMATION (To be com01eted by ADDlicant or Proiect sDonsor)
- ~ ~ew ~ansm. ~ Mo~ifmcaflon~aft eras,on
12. AS A RESULT OF PROPOSED ACTION WILL EXIST,NG PERMITIA,,ROVAL REQUJRE MOD,F,CAT,ON?
The N.Y.S. Environmental Quality Review AC~erequires submission
before any action is taken.
I_NSTRUCTIONS:
(a) In Order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research Or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(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 large physical change
to the project site or physically'alter more
than 10 acres of land?
2. Will there be a major change to any unique or
unusual land form on the site? Yes ~/ No
3. Will project alter or have a large effect on
4. Will project have a potentially large impact on
groundwater quality? ~Yes /No
5. Will project significantly effect drainage flow
on adjacent sites?
6. Will project affect any threatened or endangered
plant or animal species?
_ Yes ../No
7. Will project result in a major adverse effect on
air quality?
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? . Yes ./No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? .~Yes .w/No
10. Will project have a m~jor effect on existing or
future recreational opportunities? .~Yes ,/ No
11. Will project result in major traffic problems Or
cause a major effect ~o existing transportation
.' ' systems?
___Yes ~ No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Ye$ ~/No
13. Will project have any impact on public health
14. Will project affect the existing community by
directly causing a growth in permanent popula-
period or have a major negative effect on the
charact~ of the community or neighborhood?
15. Z~o~here P ' rning e
P~ Yes JNo
QUESTIC,'~TAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of :
the owner(s) and any otker
individuals (and entities) having a financial interest in the
subject premises and a description of their inter,ets:
(Separate sheet may be attached.}
B. Is the su/ujec~ premises lis~e~ on the real es~a~e marten
- sal~.or being shown to prospective buyers? { } Yes
{~'~ No. (If Yes, p3.aasa a~-~ c.o~ ~ "condit~nns" of sa~e.)
C. Are'there ~rn~r~rr~posals tu C~ange~ alter l~nd
{ } 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 bulkheaaed between the wetlands area and
the upland building area?
4. ' If your property contains wetlanas 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?/.~L~ (if not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or
.which e~t and are not =h~n cn the survey map that you ar~
submitting? ~/~m~/~_ If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? ~/m If yes, please submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state.
~. Do you or any co-owner als~ own other land close to this
parcel? ~/~u_ If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations
parcel ' //
propose use
autnori.ed Signature and ~a~ --
3187, 10/901k
conducted at this
,and
§ 97-13
WETLANDS
§ 97-13
TOWN ~ The Town of Southold.
TRUSTEES -- The Board of Trustees of the Towa of
Southold. [Added ~-5-84 by L.L. 2qo. 6-1984]
55-ET~-k-~VDS [Amended 8-26-76 by ~ No. 2-1976 3-26-
A. IIDAL WETLANDS:
(1) All lands generall~ eevered or in~rmittantly
ered w~th. ar whieh bara~r on, tidal wam~. or lands
lying beneath tidal waters, which at mean law tide
are covered by tidal wa~ars ~ a maximum dep:h of
five (5) feet. including but no~ limited m banks.
bogs, salt marsh, swamps, meadows, ~a~ or other
low lying lands subj~c~ ~ tidal action:
(2) AIl banks, bogs, meadows, tiaa and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the followin~ sal~ hay, black
gr~ss, saltwort, sea ]lvender. mil cordless, high
bush, c~t~ils,
ty-five (75) feet landward of the mos~ landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater ~etlands as defined in Article 24. Ti-
tlc 1, ~ 2.1-0107. Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the S~te
of New ~ork:and
(2)
All land immediateI? adjacent to a "freshwater wet-
nd. as defmod in Subsection B(1) and lying with-
in seventy-five (75) feet la,dward of the most land.
ward edge of a "freshwater wetland."
9705
:ONSULT YOUR LAWYER IlK)RE SIM,THIS INSTiIUMI~,--THIS BISTRUMIiT MfOflAO ii USIO IY LAWTIIS QNLY,.
no stamps
required;
cons less ..
than $100-
THI~INDJ~ITURF, nmdethe 25th dayofSeptember , nineteen hundred and seventy-four,
BETWF-£N Henry M. Zabohonski and Annette M. Zabohonski, his wife, both
residing at (no st. #) Crescent Avenue, Fisher's Island, New York,
party of the 6rst part, and Thomas D. Duff, Jr., and Elaine G. Duff, his wife, both
residing at 34 Hunter Road, Manchester, Connecticut,
party of the second part,
wrrNES~ETH, that .the party of the fir.st .pa. rt, in consideration of Ten Dollars paid by the party of the second
part., does hereby rem,se, release and qu,tclann unto the party of the second p~'t, the heirs or su~?-_rs ~nd
ass,g~s of the party of the second part forever,
· tract . . .
ALL that certain pk2~iu~/or parcel of land, with the braidings and ~mprovements thereon erected, situate,
lying and belngt~12 at Fishers Island, Town of Southold, County of Suftkilk and State
· of New York, b~ing bounded and described as follows: =
Beginning at a monument on the southwb, sterly lin~~ 'of Crescent Avenue at the
dividing line between the herein conveye~, tract and land now or formerly of
Peter Nitze, said monument being locate~ 6062.92 feet north of a point which is
2398.19 feet west of another monument m~rkin~ the United States Coast and
Geodetic Survey Triangulation Station "PROS", and thence running eouth 4° 14'30"
west, 240 £eet to a monument; thence north 85o45'30'' west, 45.36 feet to an
iron; thence south 6°15'30'' east, 38.61 feet to a monument; thence south 86050'
east, 141.66 feet; thence south 85030'30'' east, 60 feet; thence north 4030' east,
250 £eet to said Avenue line; thence along said Avenue line, north 85030'00''
west, 79.31 feet; thence along said Avenue line, north 69015'30'' west, 88. 78
feet to the point of beginning.
TO~ETHER with':'Lhe right, in comrr~n with other---S-~-, ~ ~a--ss~ repass £or
purposes of normal ingress and egress from the northwesterly corner of the
above described premises easterly and then southerly to Fox Avenue over an
existing 50 foot right or way known as Crescent Avenue.
SUBJECT to any state of facts an accurate survey might show, and to covenants,
restrictions, easements, agreements, reservations, and zoning regulations of
recot~d, if any.
This is a correction deed given to correct the original conveyance made by
and between the parties, to wit, Henry M. Zabohonski, et ux, to Thomas D.
Duff, Jr., et ux, dated June 15, 1974, recorded August 6, 1974, in the Suf-
folk County Clerk's office, liber 7689 of conveyances, page 141, wherein the
easement for ingress and egress following the metes and bounde description
of the premises conveyed was omitted; this quit claim deed is given to cor-
rect that omission, as hereinabove set forth.
TO.GE.TH.ER ?.'it~ .all right, ti.tl.e .and interest, if ~ny, of th.e pm~y of the first .~rt o{, in and to any stree~ ~md
roaas anuttmg ,ne anove.-aesenoea premmes to the center Un? · .~. f; T. OGET.H? with me appurtemmcea
_and_.al_l t.he estate. and. ng.hts of the. patty of the first .l~'t_ _m and to smd pt.~ses, TO HAVE AND TO
~t3L,U. the. p.remmes n. erem .granted unto the piny of il~ ~d pm't, the he~rs or successors and Imigns of
~ne party of the second part forever.
ANDthe party of. the fir.st part, in .c~?pl!.ance with .Section 13 of the Li?. Law, hereby covenant~ that the Imrty
ot t.he first part w,ll rece,ve the c.onmdemt~on for th,s eouve]rm~. --d will hold the .right to ~eceive such comld-
e. rat,on als t st lund to rst f?r. the.. th?o t of the and win a ly
the same nrst to the payment of the cost oz me unprovement before using any part of the total of the ~ame {or
any other purpose.
The word "party" shall be construed as if it r~ad "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first p~t has duly executed this deed the da.,), and year,~rst above
written. ·
Annette M. Zabohonski
STATE OF NEW YORK. COUNTY OF SUFFOLK) ss:
On tbe,.~~' day of September 1974 , before me
personally came Henry M. Zabohonski and
Annette M. Zabohonski
to me known to be the individual s described in and who
executed the foregoing instrument, and a~nowledged that
they executed the same.
NottuT Public, State of New York
No. 52-0028880
Qualified in Suffolk Count~ ~.
Tram expizes Mazch 30, 1.9 '~,~
STATE OF NEW YORI~ COUNTY OF SS:
On thc day of 19 , before~rae
personally came
to me known, who, being_by me duly sworn, did depose and
say that he xesides at No. ~ _
that he is the
~ , the corporation descrlbed~
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument-is such corporate seal; that it was so
affixed by order of the T~a~ rd of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATE OF NEW YORK, COUNTY OF
On the day of 19 , before me
~rsonall¥ came
~ TRANSFERIAX :NEW YORK
~ ]0x~liD~ 0CT11'74 ~ 0 0. 00
STATE OF NEW YORI~, COUNTY OF SS:
. On th~ day of 19 , before me
personally came
-.the subscribing witness to 'the-foregoing instrument, with
whojn I ~am personally acquainted, who, being by me duly
.sworn, did depose andsay that he resides at No.
that he knows
to be the individual
described in and who executed the foregoing instrument;
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 wltness~thereto.
TG
TITLE No. 1284854
Henry M. Zabohonski et ux
TO z
Thomas D. Duff, et ux
STANDARD FORM OF
NEW YORK EOARD OF TITLE UNDERWR~TER~
Distribufed by
TITLE
INSURANCE COMPANY
GUARANTEED TITLE DIVISION
SECTION
BLOCK
LOT
COUNTY OR TOWN of Southold ' "
d
R~corded A~ Reques~ of American Tide Insurance Company
RETURN BY MAIL TOi
John D.~ LaBelle, Esq.
LaBelle, Rothenberg & Woodhouse,
843 Main Street Esqs.
Manchester, CT 0604.0'
Zip NO.
THIS INDENTURE, made the ] ~'7~1 day of June , nineteen hundred and seventy-four,
BETWEEN Henry M. Zabohonski and Annette M. Zabohonski, his wife, both
residing at (no st. #) Crescent Avenue, Fisher's Island, New York,
party of the first part, and Thomas D. Duff, Jr,~ and Elaine G. Duff, his wife, both
residing at 34 Hunter Road, Manchester, Connecticut,
party of the second part,
w~ETH, that the party of the ~rst l~t, in con,ider~. 'o.n of Tex D?lhes and 0.9
paid by the patty of the sec~d ~ does hereby .g~nt a~.o re,ease unto the party ot me seco..a part, me rmrs
or successors and ~ssigns o[ the party o{ the $econa part forever. .
· tract ....
lying and being ~ at Fishers Island, Town of Southold, County of Suffolk and State
of New York, being bounded and described as follows:
Beginning at a monument on the southwesterly line of Crescent Avenue at the
dividing line between the herein egnveyed traet and land now or formerly of
Peter Nitze, said monument being located 6062.~.~ feet north of a point which is
2308. l0 feet west of another monument marking the United States Coast and
Geodetic Survey Triangulation Station "PROS", and thence running south 4°14'30''
west, 240 feet to a monument; thence north 85°45'30" west, 45. ~6 feet to an
iron; thence south 6°15'30" east, $8.61 feet to a monument; thence south 86°50~
east, 14~. 66 feet; thence south 85°30q30" east, 60 feet; thenee north 4°~0! east,
250 feet to said Avenue line; thence along said Avenue line, north 85°~0~00" west,
?0.31 feet; thence along said Avenue line, north ~°15~$0" west, 88.78 feet to
the point of beginning.
West End Land Co., Inc., dated September 13, 1962, recorded October 9, 1962,
in the Suffolk County Cle k's office, liber 5243 of conveyances at page 432.
Subject to any state of facts an accurate survey might show, and to covenants,
restrictions, easements, agreements, reservations, and zoning regulations of
record, if any.
o, REAL ESTATE ._~., STATE OF
~ _ TRANSFERTA NEW YORK
TOGETHER with all riffht, title and/ri?rest, if any, o/the, patty of the first p~t d, in mhd to my ~tr~ ami
and all the estate, and ti~.hts of the part7 of the first Im't m and to said prem~m, TO HAV~ AND TO
HOLD the prenuses hereto ~tanted tmto the ~ of the second ~rt, the ~ or itlccea~t$ ~ ~ of
the patty of the second part forever.
AND the part7 of the.first part covenants ~.at t.he. pa~y of the.first part has not d~oae or.~uffered
whereby the said premmes h~ve been encumoetea m any way whatever, except as a~ore~az
AND the patty, o! the first part, '.m. co.m. pllance with Section 13 of ~ Lien Law, cowemmt~ th~ the ~
the first part will rece/ve the comldorat/on for this conveyance and will l~id ~ ~ to ~
eration as · trust fund tO be ~pplied ~rst for the. purpose of paying h~. cost of me m4arov~mm~ an~ wm splay
the same first to the payment of the cost of the maprovement before using any part of the ~ o! the mine for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the seine of ~ indenture mo require.
IN ~ WHEREOF, the party of the first part has duly executed this deed the (lay and year first
written.
Z ab o~/dn ski
......
Annette M. Zabohonski
· STATZ OF HEW YOI~ colJlvrv ol, SUFFOLK) ss,
Onthe /~'~l'~dayof June 1974 ,beforeme
personally Tame Henry M. Zabohonski and
Annette M. Zabohonski
to me known to be the individuals described in and who
executed the foregoing instrnmer~,~nd o$'&nowledged that
'~O~J~, PUBL C, State of New York
~,, ' No. 52.5826401
STATE OF NEW YORK, COUNTY OF SS~
'On the day o[ 19 , before me
p~rson~ly csme
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
o!
, the corporation described
in ~nd which executed the foregoing instrument; that he
knows the seal o! said corporation; that the seal affixed
to said inatrnmsut is such corporate seal; that it was so
~ by order o! the board oi directors ot said corpora-
tio~, ~nd that he signed h name thereto by llke order.
STATE OF NEW YORK, cOuNTY OF SS~
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the for~golng instrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF SS:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose andsay that he resides at No.
;
that he knows
to be the individual
described in and who executed the foregoing instrument;
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.
WITH COVENANT AG~NS~ G~OR'S A~ B~
T~LZ No. 1284854 ~ G~
~ o[ ~ o~ Sou~old
Henry M. Zabohonski et ux
TO
Thomas D. Duff, Jr., et ux
Distributed by
TITLE
~ M - ~'L. INSURANCE COMPANY
RL~I~JRN BY MAIL ~O:
John D. LaBe!le, Esq.
LaBelle, Rothenberg & Woodhouse, Ese
843 Main Street
Manchester, CT 06040
z~p ~
Title No.
T'~JS COMPANY CERTIFIES that ~ good and m~rketobJe t~tJe fo the premises described ~n Schedule A, subiect to the
Jiens, incumbrances arid other matters, if ~ny, set forth in this cerfi~c~te m~y be
by: ~Y M. Z~0HONS~ ~ ~N~ M. Z~0HONS~, ~s wife
Source of title
BY deed from %~st End Land Co.,Inc. dated 9/13/62,
.recorded 10/9/62 in Libor 5243 cp 432.
Inspection discloses None made in b-'u~fo]-k Oo~'~tY.
· ' ' matters which will appear in our po cy es exceptions from coverage,
We set forth the add~t,onoJL. · *'^- ~,:,~r to the dos ng or dehvery of the pohcy.
unless disposed of to our sa~,srac.~,-- r,-,v
I. Taxes. tax liens, tax sales, water rotes, sewer rents and assessments set forth herein.
2. Mortgages returned herewlth and set forth herein. ( NONE
3. Any state of facts which an accurate sdrvey mighf show.
4. Survey exceptions set forth herein.
B. Affldevff of Titb will be required on dosing.
There ~re no resfricf]ve covenants, conditions or easements of record un,ess se~ forth [mme-.
diafe~y fol~owbg. .~
' ~ ~s - ~t~c~ia.. ' ~,~' ~24~ c~ ~2.
~loph~e' ~em~n~ Lt~r ~3 cp~.~.
Electric' ~se~ent LibOr 2135 up
--~n~ ~b~r 2135 cp ~2~.:
E. ~ts of ten,ts, if ~.
F. ~ state of facts ~ i~pection of t~ pre~ses ~t show.
G. compli~ce with the Feder~ "T~th in Lendi~ Act", as to the
tr~actions e~d~ced by ~ mortg~es ins~ed hero,der.
H. ~oof is req~red t~t ~ette M. Z$oho~l~ has not been ~o~
by ~ other m~ried or m~den n~e witch the l~t ten years;
otherwise such other n~e ~st be reve~ed to the comp~
the office se~ches ~ended to cover, cont'd ·-.
sm re u[remenfs set fo~h on fha {o owing page are a pad o{ {hJs ce~ca}e end mu~} be complied
The c~o ' g q m~v w[~h to tr~n~mit with or ~theut ~ny of ~he ether exceptions
~ duplicate copy of the exceptions [~ furnished you wi~h the thought you
;n the title repoH, to the afforney {or the owner of ~he prope~ and thereby {ac;litate the cie~rine of fha objections prior to closin~.
County Clerk's Office in Liber 5243 of deeds at Page 432.
-1-
SCHEDULE A
~--~-~ t~ub Or parcel of 1,;rau~ located at
bou~dad and da~czGbad az follows:
=~:' ~'.~G mon~en$ on tho sou;h~:cster!y
Avenue a; ~h~ divid~.ng line between th~ h~'cin conveyed
*' b,~,~ located
3.~d now or formerly of Patay Nitzc~ sa:~ mon~m, cn$
6CS2.92 feet ~y~h of a point wI~ch is 2~.19 feet ~,c~, of ~uother
~,~,,~,,~nt ~"~ ~ thc U~ted St~t~s Coast and Geodetic S~vcy
Tri~h~lation ~,~.t~ot% "PEOS"~d thence ~n~ng South
~0 secor~s West 2~O.O feet to a
-, ~n~,~ ZO seconds "~ 45.~ feet
thence ~,~orth 85 de~as 45 ~ ~'~'~
to ~ iron;
thence South 6 dcg~es 15 ~nutes ~0 scalds ~st 38,61 feet
the~e Sou~ 85 degrees 30 ~tcs O0 seconds ~t 60,0 feet;
Avenue ~ne; ' ' '
th~e ~ong s~d Avm~ue llna North 69 degrees
zcco~s ~as~ ~,78 fee~ to thc point o~
]C0}.SENDED TI{AT THE COMPANY BE ADVISED AT LEAST 72 HOURS iN ADVANC
LOSING DATE ADVISING OF TIIE DATE, TI}~ ~,ND PLACE OF CLOSING IN
FACILITATE THE AVAILABILITY OF THE P?E TO OUR CLOSING DEPART~
)PERATION IS APPRECIATED.
Together , .. --, rtg~t, title and interest o], in and to any streets and reade abutting the above described premitet.
Our policies of title insurance include such buildings and improvements thereon which by law constitute real property, un[ess specifically excepted therein.
Now is the time to determine whether we have examined all of the property and e~sements which you desire to be insured. If there are appurtenant ease-
ments to be insured, please request such insurance. In some cas~s, o~r rate manual provides fo~ an additional charge for s~ch insurance.
County Clerk's Office in Liber 5243 of deeds at Page 432.
-1-
INSPECTORS
Victor Lessard
Principal Building Inspector
Curtis Horton
Senior Building Inspector
Thomas Fisher
Building Inspector
Gary Fish
Building Inspector
Vincent R. Wieczorek
Ordinance Inspector
Robert Fisher
Assistant Fire Inspector
Telephone (516) 765-1802
OFFICE OF BUILDING INSPECTOR
TOWN OF SOUTHOLD
Play 11, 1993
SCOTT L HARRIS, Supervisor
Southold Town Hall
P.O. Box 1179, 53095 Main Road
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Plr. Thomas D. Duff, Jr.
34 Hunter Road
Manchester, Ct 06040
Dear Mr.
Re:
Duff:
Building Permit Application for premises @
Crescent Ave., Fishers Island, N.Y.
We return herewith your building permit application and
check 94497 in the amount of $75.00 for the following reasons:
1. A survey is needed showing the setbacks~ ~It appears
that the deck will be to close to the Mi~e Property line.
2. Builders Suffolk County License Number required.
3. Three sets of construction plans.
If you have any questions, please call this office.
Very truly yours,
SOUTHOLD TOWN BUILDING DEPT.
Curtis W. Horton,
Sr. Building Inspector
CWH:gar
encls.
Electrician's License No .......................
Other Trade's License No. _
SENDER: v, es
~-Complete items 1 and/or 2 for additional sar *c .
· Complete items 3, amd 4a & b.
· Print '/our name and address on the reverse of this form so that we can
return this card to you.
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does not permit,
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· The Return Receipt Will show to whom the~ article was delivered and the date
3. Article Addressed to: *"'
£o.
followingfee}: services (for an ~.~a*
1. [] Addressee's Address
2. [] Restricted Delivery ' ~-~
Consult postmaster for fee.
[] Registered ~. Insured
[] COD .c
Express Mail [] Return Receipt for
Merchandise
/ if requested
fee is paid)
RETURN RECEI~' I
COUNTY OF SUFFOLK m,~,~, SOUTHOLO ~c~,
~ ~--- .~ eal
JUDITH T. TERRY, TOWN CLERK
Town of Southold
Southold, New York 11971
Phone: 516 - 765 -1801
RECEIVED OF:
FOR:
RECEIPT
047259
BOARD OF APPEALS, TOWN OFSOUTHOLD
In the Matter or the Petition of :
to the Board of Appeals of the Town of Southold
TO: ' ~
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That it is the intention of the undersigned to petition the Board of Appeals of the Towl~ of Southotd
to request a~(Special ExcePtion) (Special Permit) (Other) [circle choice]
2 That the property which s the subject of the Petition is located ad zcent to your property and is des-
3. That the property which is the subject of such Petition is located in the following zoning district:
4 That b% such Petition, the undersigned will request the following relief: ~
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Art/cie ~ Sect/on I00 - ~ ~
[ ] 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 5outhold Town Clerk's Office at Main Road. 5outhold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6afd of Appea?s; 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.
·
Petitioner
Owners' Names :I"'7~I~I.A.':
Post Office Address
[Copy'of sketch or plan showing proposal to be attached for convenience
purposes.]
_NAME
?ROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRE55
p RSO &qE 53, E
Certified Mail Receipt
,. No insurance Coverage Provided
Do not use for international Mail
STATE OF N'EW-'fOR'K ) ss.:
COUNTY OF
~ --~ "~ ' L --- J ~- ' ~ e ~ ~ - He-onenJ mailed a true copy of thc Notice scl forth on
of ~ ' ~l~,~/~ , ,~ ~ .,- r ....
verse side hereof, directed to each of the above-named persons at thc addresses se[ opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown
thc curren[ assess~en%roLI of the To~of 5ou:hoJd;that said NotJc~ were mailed at the United States Post
~cc a~ ; ~/~- .f//c~ ~' ~a / , . :tha: said Notices were mailed ~o each of said~ persons
(certifigd) ~(r~ggtere~) mail
Sworn to before me this
day of -- ~-~ ~
-- Nota~" Public
(This side does not
property owners.)
have to be complet'ed
on form transmitted to adjoining
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter ot the Petition of
to the Board of Appeals of the Town of Southold
TO: rt;rz,_=
/ ',7'/_:,ct s:
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~(Special Exception) (Special Permit) (Other) [circle choice]
· w,,'v-!,;,./ z ,,;,-- L;,!.,: ,ct "n.!,:
2. That the property which is the subject of the Petit!on is located adjacent to your property and is des-
cribed as follows: flit
3. That the property which is the subject of such Petition is located in the following zoning district:
4, That b'~ such Petition, the undersigned will request the following relief: I'"~ ~ ~,~f'~l~ -~
.fi. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article ~[]q' Section }OO - ~2 L~
[ 1 Section 280-A, Ne~ York Town La~ for approval o'f access over ri§ht(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
Bdard 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.
Datedi~,t4~' 7 . 1~'9]
Petitioner
Owners' Names:
Post Office Address
Tel. No. (~)
[Copy of Sketch or plan showing proposal to be attached for convenience
purposes.]
NAME
PROOF OF MAltING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 850 842 517
Certified Mail Receipt
insurance Coverage Provided
~ Do not use for International Mail
~ST*,ES (See Reverse)
STATE OF ~K )
COUNTY OF S~o%c'F'Ot"K ) ss.: .
/.~ ?~_~/~J~.~ ~ ~ ~ . being duly sworn, d~poses and {ays that on the ~ day
of ~/~ ' ,19 9~ '. deponent mailed a true copy of the Notice set forth on th~ 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 roil of the Town of Southold; that said Notic~ were mailed at the United States Post Of-
ficeat lw/A/V~/;~Y ~ ;that~~~idpersonsby' ' '
{certified) (regiStered} m~d.
(This side does not have to be complet'ed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS, TOWN OFSOUTHOLD
In the Matter ot the Petition of :
to the Board of Appeals of the Town nf Southold :
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southoid
to request a V~ianc'n'n'~(Special ExcePtion) (Special Permit) (Other) [circle choice]
'7~, eor'(,=- ~;T~ ;,~ 3 F~r ~r ~ ~,'T~; p~o~,~r~ L,'~ Ar T~
2. That the property which is the subject of, the Petition is located adjacent to youroro~erty and is des-
3. That the property which is the subject of such Petition is located in the following zoning district:
'R. ro
4 That h5 such Peliti,m, the undersigned will request the following relief: "~ ~ /.'~ .~ A~L~.
~.,.,,,~.? ~,.~w,;d ~.?,;,._=;- ,~,~ ~-q~ Ab~,~r i~.~,~ry L.,',,/~ ·
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Ar~.cle ~ Soction I0~'- .q~ ~
[ ] Section 280-A, New York Town Law for approvM o~ access over ~ight(s)-of-way~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
he flied in the Southold Town Clerk's Office at Main Road, fiouthold, New York and you may then and there
exa~ine the same during regular office h°urs. (516) 765-1809.
7. That b~:fore the relief sought may be granted, a public hearing must be held on the matter by the
Bdard of Appeal's; 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 Tyavelcr-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:' ~J/-~'~/~ ?, J~,.~
Petitioner
Owners'Names:
Post Office Address
Tel. No. ~ ~
[Copy of sketch or plan showing proposal to be attached for convenience
..purposes.]
PROOF OF MAltING OF NOTIC£
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
850 842 518
Certified Mail Receipt
No insurance Coverage Provided
~JDo not use for International Mail
(See Reverse)
~O , State & ZiP Code
Sp~ial Delive~ Fee
Return Receipt Showing
Date, & ~dre~ of
STATE OF ~K )
COUNTY OF SbCmr'4~L4< ) ss.:
j 5~( (~ ~v) ~/ ~ , being duly sworn, d~pos~s an~ says ~hat on th, ~ day
of' ~/~ 19 ~ ,deponent mailed a true copy of [he Noti~e set ~orthon
~erse side hereof, ~irected to each of the above-named persons at the addresses set opposite thmr respectwe
names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on
the current ass~sment roll of the Town of 5outhold;that said Notic~ were mailed at the United States Post Of-
(certified)'(regi~tered) m?l. I
Sworn to be'tore me this
that said Notices were mai
~ persons by
day of ~../-'""~b,~--~E . 19 ~
'-- Notary ~ublic r
(This side does not have to be complet'ed on form transmitted to adjoining
property owners.)