Loading...
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. · Attach this form to the fro~lt of the mailpiece, or on the back if space does not permit, · Write -Return Receipt Requested" on the mailpiece below the article number · 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.)