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HomeMy WebLinkAbout4164 APPEALS BOARD lViEM_BERS Gerard P. Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 Appl. No. BOARD OF APPEALS TOVFN OF SOUTHOLD 4164 and No. 4057. SCOTT L. HARRIS Super~sor 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 APPEAr.~ Upon JOHN SEPENOSKit JOHNA. NOBILE and SUSAN NOBILE (Michael N. Hills, Esq.) Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuaDt to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. WHEREAS, a public hearing was held on April 22, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. 280A RELIEF REQUESTED. The portion of the right-of-way premises which is under consideration in this appeal application extends from the easterly side of Horton Lane, Southold, in an easterly direction, 157.85 feet to the rear (Sepenoski) parcel. The 157.85 portion of this right-of-way is shown on-the Suffolk County Tax Maps as part of 14.9 (now of Nobile), District 1000, Section 54, Block 3, and is more particularly shown in detail on a map prepared by Joseph A.. Ingegno, L.S. dated September 4, 1992. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The base of the right-of-way as exists today is in fair condition with a cleared width of approximately 9 or 10 feet. Its base is is need of improvement for leveling and filling of potholes. There is a slight curve which exists does not necessarily need to De ~age 2 , Appl. No.,64 and No. 4057 Matter of JOHN SEP~OSKI AND OTHERS Decision Rendered May 11, 1993 straightened as long as a 14-ft. clearance is made, and the width of the its base will need to be widened to 12 feet with a one-foot unobstructed clearance on each side (14-foot total clearance) for sufficient maneuvering and access by fire and other emergency vehicles and trucks. 3. RECOGNITION OF LOT, AS EXISTS: The lot which is the subject of this application is located in Southold commencing at a point approximately 158 feet easterly from the easterly side · of Horton's Lane. The parcel consists of a total lot area of approximately 33,600 square feet (aver. 134.17 ft~ x 150 ft.). The lot adjacent to this property on the west was conveyed June 15, 1965 by Overton to John A. Sepenoski and wife, leaving this parcel, as exists. Later in 1981, the subject parcel was conveyed by the Estate of Ollie Overton to John A. Sepenoski, without ever having been built upon. Each of these two parcels have remained in separate ownership since 1965. 4. BUILDING PERMIT PROCEDURE: On August 19, 1991, an application was made to the Building Inspector for the location and construction of a single-family dwelling. The Building Inspector disapproved this application on September 11, 1991, under Article XXVIII, Section 100-244B (and Section 100-281B concerning lack of access to a town street under 280A of New York Town Law). Section 100-244B of the Zoning Code reads as follows: 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 land in the same ownership at any time subsequent to such date may be used, or a building or structure 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 ...certified ...in Suffolk County. Such lot shall be granted relief for front, side and rear yard dimensions as follows: Lots having less than 40,000 sq. ft. than 20,000 sq. ft.: Width 120 Depth 140 Front 40 Both Sides 15 and 20, total 35 Rear 50. and more ,Page 3.- Appl. No.~64 and 4057 Matter of JOHN SEPENOSKI AND OTHERS Decision Rendered May 11, 1993 5. ADDITIONAL DATA: The following information is also noted for the record: (a) there has been no literal change in the dimensions and layout of the property since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan; (b) county records show the existence of this parcel continuously since 1965; (c) prior to the adoption of the master plan revisions in January 10, 1989, the requirement for a single and separate search was not required under zoning for building permit applications. 6. OTHER CONSIDERATIONS: In considering this application, the Board also finds and determines: a) the benefit to the applicant,.as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable or substantial in relation to the requirements; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue, other than this request; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; d) the difficulties created are related to the land and are not personal to the landowner; e) this application, as conditionally granted, will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Wilton, seconded by Member Goehringer, it was RESOLVED, to grant approval under New York Town Law, Section 280-A over the subject right-of-way, SUBJECT TO THE FOLLOWINGCONDITIONS: 1. That the right-of-way be improved 12 feet in width, and have an unobstructed clearance at 14 feet (or more at the Page 4 - Appl. No. }64 and No. 4057 Matter of JOHN SEPENOSKI AND OTHERS Decision Rendered May 11, 1993 option of the applicant), in accordance with the Stipulation 0f Settlement resulting from the declaratory proceeding under Index No. 1742-89 in New York State Supreme Court; 2. That the improvements within the 12 ft. width include the following for a full lenqth extending from Horton Lane for a distance of 182 feet to the interior lot (Sepenoski): (a) filling of potholes and leveling; (b) placement of two inches (2") of stone blend (or more at the option of the applicant; 3. That this 14-ft. clearance allow for sufficient manueverability by fire and emergency vehicles; 4. That any substitution of materials must be accepted by the Chairman of this Board; 5. That the entire 182 ft. length of the subject right-of-way be continuously maintained in good condition at all times. 6. Final acceptance shall be made by either the Building Inspector or the Board of Appeals' Chairman, or his appointed representative; and be it FURTHER RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-54-3-14.7, now of Sepenoski, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the Southold Town Zoning Code, and subject further to the County Health Department and any other agency approvals which will be necessary at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Wilton. (Members Doyen and Villa were absent. ) This resolution was duly adopted. · /GERARD p. GOEHRINGER, RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARPJS Supervisor Town Hall, 53095MainRoad PO. Box 1179 Southold, NewYork11971 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 THURSDAY, APRIL 22, 1993 commencing at the 'times specified below: 1. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK TRUST. Request for Variance to the Zoning Ordinance, Article XXIII, Sectio~ 100-239.4A for permission to locate an addition within 100 feet of the L.I. Sound bluff at 905 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft. 2. 7:35 p.m. Appl. No. '4163 - RUSSELL IRELAND, JR. Request for variances to the Zoning Ordinance: (a) Article IIIA, Section 100-30A.4 {100-33B-3) for permission to locate accessory garage with a side yard setback at less than the required 10 feet; (b) Article XXIII, Section 100-239.4B for approval of a Page 2 - Notice ofearings Southold Town Boarc~-of Appeals Regular Meeting of April 22, 1993 proposed new deck addition and for grandfather approval of existing deck addition built prior to May 1985, all of which is located within 75 feet of the bulkhead along Great Peconic Bay and with reduced easterly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article IItA, Section 100-30A.3. Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-12. This parcel contains a total lot area of 43,402 sq..ft, and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. .Appl. No. 4059 - JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: (a) for approval of' access .for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b)' to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southo!d, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total lot area of approximately 33,542 sq. ft. and depth of 140.97 feet. 4. 7:45 p.m. Appl. No. 4157 - DEPOT.ENTERPRISES, INC. (Reconvened and continued from March 18, 1993'). Page 3 - Notice of ~earings Southold Town Board~of Appeals Regular Meeting of April 22, 1993 5. 7:55 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415)-filed by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 23, 1993}. This is an Appeal based upon the February 10, 1993 Notice of Disapproval issued by the Building Inspector requesting an Intepretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Applicant is proposing to construct new dock areas with multiple boat facilities, at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond," an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, ;filed in the Suffolk County Clerk's Office as Map No. 275, East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23 (private road), and part of 17 (underwater land). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written Comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: April 9, 1993. BY ORDER OF THE SOUTHOLD TOWN.BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL ~,.,,,'..~.o.~....~....~.. .,~31..~.,...... PLEASE TAKE NOTICE that your application dated .... ~ ~-..: ........... ,19 ~X. - ~~ ~ '~ ~~~~"'~--~~-~~ .......... at for pemit to '~Cation,of Property ~;~ County T~ Map No. 1000 Section .... ' Subdivision..'.. Filed Map No Lot No ::-?~:.". ..~~ ~ ~ .... ¢ ...... ~ ............... . ........................ _ .. .... ~. ~..~. ~~. ~ . · ~:... ~ .... ~...~,.,~..~.~.~..~~ .... ~.~. ~ ...... ~ .... ~....~~..~. j~.~..~~ ............................................... /~o-~'-/-~-?~7 TOWN OF.SOUTFIOLD PROPERTY-RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER / , ACR. J S W ~PE OF BUILDING RES. S~S. VL. ~// FARM CO~. CB. MICS. Mkt. Value ~ND 'IMP. TOTAL DATE , R~RKS Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD M~ DEPTH H~ Plot . BULKH~D Total TOWN OF SOUTHOLD PROPERTY RECORD CARD ~'~_~£'"' ~ OWNER STREETS'~, ,~ ~'~,? VILLAGE DIST SUB. , ~ ACR. ' ~; ,, ' ~ ~PE OF BUILDING RES. ~/~ ~$. VL. F~RM ~0~. ~B. MI~$. ~kt. Volue ~N D IMP, TOTAL DATE R~RKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD / Mead~land DEPTH / House Plot J BULKH~D Total D~K /Vt. Bldg. Extension Extension Extension COLOR ~ ~ ~',, ~,? ......... TRIM Porch Porch Breezeway Foundation Garage Patio Ext. Walls Total Fire Place ~/~e Roof Recreation Room Both .. Floors , ~ln~ rio.~' Finish Heat Rooms lst'Floor Rooms 2nd Floor Driveway RIDER: Reason for Appeal John Sepenoski was plaintiff in ~n action between himself and John Nobile and Susan. Nobile. The action was to obtain a declaratory judgment that a portion of the property, to wit: 50 feet fronting on Horton Lane was subject to a 50 foot right of way for a lot owned by him adjoining the premises on the easterly side. ' The length of the 50 foot right of way was 407.85 feet. The action arose because when the Nobiles' purchased their property, there was no mention of the fact that the 50 foot right of way was in existence, nor that the property was subject to the Sepenoski's right to travel on the right of way. The case ultimately was conferenced before Justice Underwood of the Supreme Court at which time the matter w~s settled pending Town of Southold approval. A copy of the Stipulation of Settlement is annexed to the application. In the settlement, the parties agreed that there would be a 15 foot wide right of way as shown on the survey of Norton Bros. enclosed with this application. One of the contingencies was "a determination that the easement to be granted to Sepenoski by the Nobiles shall be in cor~Dlete conformity with the zoning laws of the Town of Southold. It is further understood and agreed that any easements for utilities that shall be made to service the ~acant parcel shall be solely contained within the fifteen foot area and shall be placed underground by the owner of the vacant parcel if they desire to place the easement within this area." We are requesting this variance to Section 280A Subsection 3 of the Town Law. JOHN SEPENOSKI STATE OF NEW YORK) COUNTY OF SUFFOLK) ss Sworn. to ~his /~-~ . day of June ratar , lia-- ' STATE OF NEW YORK ) COUNTY OF SUFFOLK Signature , 1991. Signature Sworn to this .]lel~ day of June 1991 Notary Public APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~J)OFAPPEALS TOWN OFSOUTHOLD May 14, 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 Michael N. Hills, Esq. Cruser & Hills 206 Roanoke Avenue RIverhead, NY 11901-2794 Re: Sepenoski Parcel ID #1000-54-3-14.7 at Southold Appl. No. 4057 - New York Town Law, Section 280-A Appi. No. 4164 - Recognition of Lot Dear Mr. Hills: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our May 11, 1993 Regular Meeting. Please be sure to return to the County Health Department, Southold Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals, before commencing any building or land altering activities for the construction of a new dwelling or related structures. we have furnished copies of this approval to the Building Department for their update and r~¢ord since the issuanc~ of their Notice of Disapproval. Very truly yours, Enclosure Copy of Decision to: Building Department Linda Kowalski (Attn: Thomas J. Fisher) APPEALS BOARD NfEM_BERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF ;~PPEALS TOWN OF SOUTHOLD SCOTT L. HAPdlIS Supervisor Town Hall, 53095 Main Road P.O. Box. 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: SUBJECT: Office of the Town Clerk Office of the Board of Appeal May 17, 1993 Appl. No. 4057 and No. 4164 - Sepenoski, Nobile & Ors. E/s Horton's Lane, Southold Please find attached an extra copy of the ZBA's written findings and determination rendered under the above two application numbers in behalf of Sepenoski, Nobile and others. We ask that you please file the original under Appl. No. 4164, and the extra copy under Appl. No. 4057 for recordkeeping purposes. Thank you. Attachments (2) Page 4 - Appl. No.~64 and No. 4057 Matter of JOHN SEPENOSKI AND OTHERS Decision Rendered May 11, 1993 option of the applicant), in accordance with the Stipulation of Settlement resulting from the declaratory proceeding under Index No. 1742-89 in New York State Supreme Court; 2. That the improvements within the 12 ft. width include the. following for a full length extending from Horton Lane for a distance of 182 feet to the interior lot (Sepenoski): (a) filling of potholes and leveling; (b) placement of two inches (2") of stone blend (or more at the option of the applicant; 3. That this 14-ft. clearance allow for sufficient manueverability by fire and emergency vehicles; 4. That any substitution of materials must be accepted by the Chairman of this Board; 5. That the entire 182 ft. length of the subject right-of-way be continuously maintained in good condition at all times. 6- Final acceptance shall be made by either the Building Inspector or the Board of Appeals' Chairman, or his appointed representative; and be it FURTHER RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-54-3-14.7, now of Sepenoski, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the Southold Town Zoning Code, and subject further to the County Health Department and any other agency approvals which will be necessary at the time'of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Wilton. (Members Doyen and Villa were absent.) This resolution was duly adopted. lk /~ERAR~P. GOEHRINGER, ~RMAN Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD April 22, 1993 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. SERGE DOYEN RICHARD C. WILTON ROBERT A. VILLA CLAIRE GLEW (substitute recording clerk) ZBA Hearings 16 April 22, 1993 APPL. NO. 4059/- JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. (Michael N. Hills, Esq.) Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of-way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IIIA, Section 100-30A.3) for approval and recognition of substandard lot area and depth, as exists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-54-3-14.7. This parcel contains a total approximately 33,542 sq. ft. and depth of 140.97 lot area of feet. 7:49 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 produced by Robert Van Tuyl, P.C., indicating the placement of this lot as it exists presently behind the Sepenoski house; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. to be heard? Appearance: Michael N. Hills, MR. HILLS: My name is Michael Hills, would you like Esq., for the Applicant Hills, the law firm of Cruser and Hills, 206 Roanoke Avenue, Riverhead, NY. With your permission, Mr. Chairman, I would like to give each of you ~ ZBA Hearings 17 April 22, 1993 a set of some of the exhibits I have prepared for my presentations and cards (Materials handed up, to be marked Applicant's Exhibits 1 through 6.) I furnished you with various exhibits. I am now going to try further to explain to you what circumstances brought about the need for the right-of-way that is requested as part one of the application, and the reason that no application had been made for a minor subdivision for the lot that is the second portion of the application. Prior to November 12th of 1981, Ollie Overton owned all the property that is the subject of this application. The survey of that property, which is Number One on your exhibits, was prepared in 1950 for John Pettit Overton. That survey shows that at that time a road called Sylvan Road was going to be located on the westerly portion of the premises and go around the circumference of the premises. To the best of our knowledge the road was never installed. That property that is where the road is located is now owned by people by the name of Nobile who are also the applicants here. Jonathan Overton died in 1961 and devised the property to Ollie Overton. On November 12, 1981, the Executrix of the Estate of Ollie Overton conveyed the lot that is now requesting the nonconforming designation to John Sepenoski, its present owner. Mr. Sepenoski, together with his wife, had previously purchased a lot that is immediately adjoining the property; but one lot is held in John Sepenoski, the one that is the subject ZBA Hearings 18 April 22, 1993 of this application, and the other lot is held by John A. Sepenoski and Susan M. Sepenoski. They obtained title to that on June 15, 1965. At the time that the deed was delivered to John Sepenoski, as you can see, it included a right-of-way over the never-constructed Sylvan Road. 'At that time the estate owned other contiguous parcels that required a minor subdivision for its legality. No application for a minor subdivision was made at that time. On January 17, 1984, the executrix conveyed the other parcel involved in this application to Albert W. Albertson, and that is Deed Number 3. Subsequently Albertson conveyed the parcel in Deed Number 4 to its current owner John A. and Susan Nobile. This conveyance was made after evidently a subdivision application had been approved on November 2nd, 1984. It is my belief that the reason that that subdivision application did not then include a parcel that is owned by John A. Sepenoski is, Number One, Mr. Albertson didn't own it, and, Number Two, nobody believed they had to make the application because nobody saw that that was going to be a problem at the time. Included in that deed to the Nobiles was the land again on which Sylvan Road was going to be located. Neither of the deeds --the one to Mr. Albertson or the deed to the Nobiles-- mentioned the Sylvan Road right-of-way or made the conveyances subject to the possible right-of-way of John A. Sepenoski. What this did was to landlock John Sepenoski. Subsequently, the John A. Sepenoski piece has been held in ZBA Hearings 19 April 22, 1993 single and separate ownership since it was purchased in 1984, and you have in your file the single and separate search that evidences that fact. The Nobiles, meanwhile, constructed a residence on their parcel and located a dirt road in the center of the purported fifty-foot-wide pole portion of the flag lot. Subsequently, the Sepenoskis commenced an action in Supreme Court seeking a declaratory judgment that the Nobiles property was subject to an easement in favor of said Sepenoski. In response to a Summary Judgment motion, the Court issued an order declaring an easement but scheduling a hearing to determine the extent of the easement. At the scheduled hearing the parties entered into a stipulation of settlement before Judge Underwood providing for 15-foot right-of-way. That right-of-way would extend from Horton Lane to a point 50-foot east of my client's westerly line. It was also agreed that the Nobiles would relocate their existing driveway and fifteen-foot right-of-way so that both lots when improved would use a common driveway. One of the contingencies for that settlement to be effective is that this 15-foot-right-of-way be in compliance with the Town's requirements so that John Sepenoski seeks to obtain a building permit for a residence on his parcel, the 15-foot-wide access would not prevent the issuance of a building permit. Just so that you understand what they did in Court in no way is taking jurisdiction away from you, they made the settlement completely ZBA Hearings ~ 20 April 22, 1993 contingent upon your approval. This proposed right-of-way would only be used by the Nobiles, their successors and assigns, and John Sepenoski for the rear parcel that he owns. Nobody else would be permitted except of course anybody who takes from John Sepenoski that parcel. A review of the tax map that I have also enclosed in your file will show that the parcel doesn't change the essential character of the neighborhood. The parcels are still residential parcels that are used only for that purpose. The size of the parcel is in complete conformity with the rest of the parcels in the area. The only difference between the John A. Sepenoski piece and all the rest of the parcels ks that John Sepenoski has no road frontage. While the applicants can be said to be in a self-created hardship situation, that was done prior to any of the time of these people owning the property. It was done by, Number One, the inadvertence or failing to include the right-of-way in any deed, and the lack of --the time of 1981 when the first conveyance was made, coming to this Board for a subdivision at that time. Under the new Town law self-created hardship alone does not negate the possibility of giving a variance. In this particular set of circumstances, inasmuch as it wasn't an intentional self-created hardship, it was probably done through lack of knowledge-- it should not be a factor An when you determine what factors you are going to act upon, ZBA Hearings 21 April 22, 1993 whether to grant or deny this application. It was created by the incorrect deeds that had been given out and for no other reason. If the variance required as requested under the second portion of the application is further going to be no adverse effect on the environmental conditions, nor will it be a detriment to the community. Again, the parcel is going to be used for residential purposes in complete conformity with all the other parcels. The survey shown is No. 6, the one that shows that a minor subdivision had been applied for by Albert W. Albertson, that is where the parcel had been, when Albertson had obtained the parcel, he subdivided it; and No. 2 shows the present location of the dirt right-of-way in the center portion, and it also shows the 15-foot right-of-way would be sufficient for any emergency vehicles that may be coming into the property; and if you have any further questions, I will be happy to answer whatever I can. THE CHAIRMAN: Thank you for the presentation on the legality or illegality; it is gratefully appreciated because now we understand how the thing came to be. At the most, of course, it is our understanding that two houses will share this driveway, this right-of-way conceivably, okay? MR. HILLS: That's right. THE CHAIRMAN: There will have to be some minor enhancement, okay. We haven't determined that at this ZBA Hearings 22 April 22, 1993 particular time, but we will between now and the time that we CHAIRMAN: make a decision. We are not talking a macadam road here, we are talking there will be some minor enhancement though in the right-of-way itself; and the information that we place within the decision is usually that it be continuously maintained because we are all concerned about emergency vehicles ingressing and egressing from the site. That is basically all that I have to say. Is BOARD MEMBERS: THE CHAIRMAN: THE CHAIRMAN: there anybody else who would like to-- No. Thank you very much, sir. Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone who would like to speak against this application? (There was no response.) THE CHAIRMAN: Seeing no hands, I will make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's minutes.) 1 O 7 8 16 17 18 19 20 21 22 23 24 SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK : TRIAL TERM PART 14 JOHN A. JOHN A. SEPENOSKI, Plaintiff, - against - NOBILE AND SUSAN J. NOBILE, Defendants INDEX NO 1742/89 Before: HON. Appearances: WILLIAM L. UNDERWOOD, Riverhead, N. Y. September 27, 1989 JR., Justice SMITH, FINKELSTEIN, LUNDBERG, YAKABOSKI, ESQS. Attorneys for the Plaintiff 456 Griffing Avenue Riverhead, New York 11901 BY: SUSAN POST ROGERS, ESQ. DOLLINGER, GONSKI, GROSSMAN, HIRSCHHORN, ESQS. Attorneys for the Defendant One Old Country Road Carle Place, New York 11514 BY: MICHAEL PERMUT, ESQ., ISLER and PERMUT & Evelyn L. Shanser, CSR Official Court Reporter 1 7 8 10 11 ~8 20 2~ THE COURT: MR. PERMUT: Exhibit A? You may proceed, Counselor. Can I have this marked as (Document marked Defendant's Exhibit A for identification.) MR. PERMUT: agreed, Nobile, It is hereby stipulated and by and between plaintiff and defendants that this case be settled and discontinued with prejudice and without costs one party as against the other upon the following terms and conditions. One: that the premises set forth on Defendant's Exhibit A for identification circled as a vacant parcel shall be granted an easement over that portion of the premises owned by defendants Nobile as follows: The easement shall be a fifteen-foot wide area from the easterly line of the premises of Nobile running to a point no further than fifty feet northerly from the westerly line of the vacant parcel as more specifically shown on Exhibit A. The Nobiles shall have the right to place a cobblestone line along the easterly line of said new easement ending at the southerly line of the P Y 1 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 3 vacant parcel but commencing at Horton Lane and the Nobiles may place a fence along the westerly line of the new easement area. The easement shall be opened at the request of the then owner of the parcel labeled vacant to the owner of the premises, then owner of the premises presently owned by Nobile and shall be comprised of clearing the new fifteen-foot easement area and a dirt drive to be placed therein. The owner of the Nobile property shall cause same to be done at their cost and expense within a six-month period from a written request by the owner or the then owner of the vacant parcel to open said easement area. From the date that the request is made to open the new fifteen-foot easement area, the owner of the vacant parcel may use the dirt drive which presently services the Nobile house. Said use to be made of the dirt drive shall cease as soon as the easement area is opened over the fifteen-foot area. A survey shall be prepared by Sealand Surveying and Engineering showing the metes and bounds of the new easement area, said survey to be paid for by the Nobiles and all other rights in the 1 7 8 14 15 16 17 18 19 20 21 ;'3 25 4 premises of Nobiles shall be discharged by the recording and filing of this easement agreement to be prepared by counsel for Nobiles at the inspection and suggestions of counsel for Sepenoski. The Nobiles also agree to pay plaintiff the sum of $5,000.00 at the time of the execution of the new agreement to be prepared. This stipulation is contingent upon a determination that the easement to be granted to Sepenoski by the Nobiles shall be in complete conformity with the zoning laws of the Town of Southold. It is further understood and agreed that any easements for utilities that shall be made to service the vacant parcel shall be solely contained within the fifteen-foot area and shall be placed underground by the owner of the vacant parcel if they desire to place the easement within this area. Your Honor, if you could ask the particular parties who are here? THE COURT: Mr. Sepenoski, step over here, please. J 0 H N A. S E P E N O S K I, having been 1 7 14 1~; 16 1'7 18 19 20 21 22 23 24 25 5 first duly sworn by the Court, and stating his address as 5600 Horton's Lane, Southold, Long Island, New York 11971, testified as follows: THE COURT: Miss Rogers, would you like to inquire of Mr. Sepenoski at this time? BY MISS ROGERS: Q. Did you hear the stipulation that was put on the record? A. Yes. Q. Do you agree with the terms that were set forth in the stipulation? A. Yes. THE COURT: You agree to abide by and be bound by gthe terms of the stipulation? THE WITNESS: THE COURT: Yes. You realize there will vbe a more formal agreement that is going to be prepared by the attorneys in this matter which is based upon the stipulation herein so same can be properly recorded? THE WITNESS: THE COURT: $5,000.00. THE WITNESS: Yes. Then you are going to receive Right. 1 2 7 8 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: questions? MR. PERMUT: THE COURT: MR. PERMUT: Mr. Permut, do you have any 6 NO. You may step down. You agree to execute the instrument when it is prepared by counsel for both parties? THE WITNESS: MR. PERMUT: What is that? You agree to sign and execute the instrument when it is prepared? THE WITNESS: Yes. J O H N A. N O B I L E, having been first duly sworn by the Court, and stating his address as 5740 Horton's Lane, Southold, New York, testified as follows: S U S A N J. N O B I L E, having been first duly sworn by the Court, and stating her address as 5740 Horton's Lane, Southold, New York, testified as follows: THE COURT: Mr. Permut. BY MR. PERMUT: Q. You have heard the stipulation ~hat was just dictated to the Court Reporter? A. Yes. 1 2 7 $ 10 11 Y 17 20 24 Qe In settlement of this action? Yes. And you understand that a new survey will be 7 prepared by counsel for both sides and you agree to be bound by gthe terms and conditions as dictated and to be contained within this easement agreement which will subsequently be Yes. THE COURT: Very well. recorded? A. ity - Secur Title and-Guaran ompany- ~715) 273-o300 o(516) 727-0600 -(516) 74~o-6800 -(718) 658-69(X) APPLICATION DATE 11/05/91 REPORT DATE 11/19/91 APPLICANT S2300 (516) SMITH & FINKELSTEIN, ESQS. 456 GRIFFING AVENUE P/O BOX 389 R I VERHEAD NY SUSAN POST ROGERS Special Search 727-4100 TITLE# SUFF REF# CVH REPORTTO REI# APPLICANT IN TRIPLICATE 11901 -(914) -~14) 343-1891 "~X~) *(203) ~4-5764 1061674 SS PREMISES T/SOUTHOLD, NO# HORTON LANE, SOUTHOLD; 1000-054-03-014. 002 OR 014.007 STATE NY COUNTY SUFFOLK SECTION-BLOCK-LOT O2 PROPOSED INSURED MORTGAGE FEE _RECORD OWNER ,_IOHN A. .:,EPENOoLi I TITLE PREMIUM FEE · 00 DEPARTMENTAL SEARCHES · 00 SURVEY · O0 SURVEY INSPECTION , O 0 OTHER 250. O0 TOTAL OF ABOVE 250 · 00 RECORDING DEED(S) MORTGAGES(S) SAT. OF MORTGAGE(S) SAT.OF JUDGEMENT(S) ~ ESTATE TAX LIEN RELEASE B,L. AGREEMENT(S) MORTGAGE AGREEMENTS EXTENSION AGREEMENTIS) REGISTRATION FEE MORTGAGE TAX(ES) ESCROW E~CROW SERVICE CHARGE TOTAL RECEIPTS SURVEY INSTRUCTIONS REMARKS SINGLE AND SEPERATE SEARCH TO TOWN OF SOUTHOLD. (SAME AS'L. 9154 CP 80) CLOSED BY DATE PURCHASER:CASH CHECKS SELLER:CASH CHECKS tTOTAL TITLE# 1061674 SS TITLE SECURITY TITLE and GUARANTY COMPANY certifies to 1061674ss the Town of Southold that title was examined to the premises described herein: ALL that certain plot, piece or parcel of land, situate, lying and being in Southold, the Town of Southold, County of Suffolk and State of New York, known and designated as a DESCRIBED PARCEL situate on the Southeasterly side of a certain Right of Way hereinafter described, which point is North 47 deg. 7' 20" East 157.85 feet from a point marked by an iron pipe on the Easterly side of Horton Lane. ALSO known and designated on the Real Property Tax Map as District 1000 Section 054.00 Block 03.00 Lot 014.007. That said premises is bounded on the NORTH by: DESCRIBED PARCEL - District 1000 Section 054.00 Block 03.00 Lot 022.000. On the EAST by: DESCRIBED PARCEL - District 1000 Section 054.00 Block 03.00 Lot 021.001. On the WEST by: DESCRIBED PARCEL - District 1000 Section 054.00 Block 03.00 Lot 014.000. On the SOUTH by: DESCRIBED PARCEL - District 1000 Section 054.00 Block 03.00 Lot 020.000. That said title examination completed on 11-6-91 certifies that title to the said premises has been held as per attached chains of title since April, 1957. This affidavit is made to induce the Board of Appeals of the Town of Southold to reach any determination that the foregoing information is a basis therefore, well knowing that said Board relies upon the truths and statements contained herein. The liability of the COMPANY however, under this CERTIFICATE is limited to ONE THOUSAND ($1,000.00) DOLLARS for any reason. Sworn to before me this 2~V~ day of ~)V Iqql I'/)CHP.~ D ~.~OTSCI ~on ~ire~ ~ 1~ ~ SECURITY TITLE and GUARANTY COMPANY Assistant Title Officer r~4uiremcnts thc :. A denial' must ely affect the ad- 14 N.Y.S.2d 412. PA 08 A.2d 639 · idence-I district m rear yard and t has two classic ~er things stored ~ousc and would court affirmed. mecessary hard- <d, and that the e property proc- 2 cars, is not an ,'ariance denied. ts VT y, 508 A.2d 695 *rain a state per- Act 250 permit ~y, did not have tent" shall mean rldominiums, or LS of land owned wolved, land;' hoard may con- tip in ruling on Z.B. September 1986- / / Oregon law provides that both thc limited acknowledgement ordcr and thc continuance order arc final orders only with respect to those areas found to' comply with LCDC goals. Consideration of Ponderosa's land was continuing. There would be no review by the court until there was no chance of approval of plans for Ponderosa's land. County Tax Sale Extinguishes Ownership Restriction Imposed by City Or- dinance - Recorded Use Restrictions Survive Tax Sale WA City of Olympia v. Palzer, 713 'P. 2d 1125 (1986) Evergreen Park Homeowners Association established a planned unit develop- ment in the city of Olympia which restricted tracts A through D to greenbelt open space. Later, the city enacted an ordinance requiring Tracts A-D to be maintained in perpetuity as natural landscaped open area, with ownership limited to a property owners association, municipality, or state body. Evergreen Park failed to pay 1976 taxes and in 1982 the county sold Tracts A-D at auction to the Palzers as high bidders. The Palzers then sold the land to Olympic Proper- ties Ltd. The city brought this action to invalidate both sales. The trial court ruled the tax sale valid, but not the resale. The Palzers and Olympic appealed. The issues are: 1) whether property sold at a tax sale passes free of restraints on ownership imposed by .the ordinance; and 2) whether the tax sale invalidates use restrictions. DECISION: The court held the city ordinance regarding owneiship no longer valid, but upheld the use restrictions. The city law conflicts with state law regarding tax sales. The comprehen- sive tax sale scheme requires sale to the highest bidder. The ordinance prevent- ing sale to the highest bidder, in this case the Palzers, cannot stand. A tax sale, by statute, creates a new title free and clear of all encumbrances, including the ordinance, so the resale is also unrestricted. Use restrictions imposed by convenant and recorded as easements are the only exceptions to the rule that all encumbrances are extinguished in the sale. Therefore use restrictions recorded by Evergreen Park are valid, though not perpetually as the city had tried to make them. Brown v. Olmsted, 49 Wash.2d 210, 299 P. 2d .564 (1956). Illegal Subdivision - Partial Approval NY Lurid v. Edwards, 498 N.Y.S.2d 870 It ~2 By letter of June 27, 1984, the building inspector denied an.application for a building permit on the ground that the plot size was less than the two acres ,{equired by local law. Applic~fnt was O'Connor. Thereafter, Lund and O'Connor appealed this decision. Lund had sold the land to O'Connor. The Planning Board ruled that this lot was created by an illegal subdivision, created without approval in 1973. ~986 Z.B. On July 14, 1984, the Board directed the building inspector to issue a per- mit to Dr. Gleason, Owner of the second lot created by the illegal subdivision, stating that although this lot lacked the required two acres, the construction thereog would cause no harm to the neighborhood and was not in contraven- tion of the public interest. DECISION: The Board's decision in the Gleason application effectively "sanc- tioned'' the original subdivision, and the Board cannot deny O'Connor on the grounds of illegal subdivision. O'Connor has demonstrated a practical difficulty if denied a variance and the Board has not shOwn that the denial would serve any public purpose. Order of Supreme Court that a variance issue AFFIRMED. Change of Nonconforming Use ~ Furlong v. City of Chicago, 491 N.E.2d 1301 IL Furlong applied for a permit to change a nonconforming use from a con- tractor's office to a tavam. The permit was denied and the Board of Appeals supported the denial. The building is located in a Residence-3 zone. A contractor's office is a permitted use in a C-I district (restricted commercial zone). A tavern is a/low- ed in a IM-I district which is more restrictive than a C-1 district. Changes in nonconforming uses arc conirolled by sec. 6.4-7 of the zoning · ordinance. It provides that: A nonconforming use may be changed to a use permitted in the same district or to a use permitted in a more restrictive district, but no such change shall extend or modify the provisions for the elimination of nonconforming uses. The zoning board's decision was based on the testimony of Furlong and the present owner of the structure. They testified that the tavern would operate seven days a week, from 9 a.m. until 2 a.m., and it would accomodate 100 patrons. DECISION: A change of a nonconforming use is a discretionary matter; it is not mandatory. A board may deny a change if it determines that the pro- posed use would be more detrimental to the public health, safety and welfare. The Board's dec'sion ts based on evidence, and is valid. The intensity of use as a tavern was an appropriate factor to be considered in deciding whether the tavern should be permitted. Plan Approval by Defau t - Planning Board - Moratorium NY Dune Associates Inc. v. Anderson, 500 N.Y.S.2d 741 ' Town Law Sec. 276(3) states that a preliminary plat is deemed approved ifa planning board fails to hold a public hearing within 45 days after the receipt of such preliminary plat by the clerk of the planning board. Here, the forty-five-day period began to run which ~e petitioner's GElS was accepted on June 2, 1982, the date on · by the Planning Board. Since no hear- ~1~ lng was held until October 20, 1982, the petitioner claims approval by default. 574 118 APPELLATE DIVISION REPORTS, 2d SERIES in his case lack merit. The petitioner was afforded adequate advance notice prior to the hearing. Moreover, as the Court of Appeals has very recently observed, "compliance with the minimal due process requirements of Wolff v McDonnell (418 US 539) was not mandated" (Matter of Jermosen v Smith, 66 NY2d 1024, 1026). We have reviewed the petitioner's remaining contentions and find them to be without merit. Mangano, J. P., Thompson, Brown and Weinstein, JJ, concur. 36 In the Matter of BARBARA LUND et al., Respondents, v OLIVER EDWARDS et al., Constituting the Board of Appeals of the Village of Head-of-the-Harbor, Appellants.--In a proceed- ing pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of Head-of-the-Harbor 'which affirmed the Village Building InspectOr's denial of the petitioner O'Connor's application for a building permit, the appeal is from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered March 7, 1985, which granted the petition, annulled the determination, and directed the Board to grant the petitioners a minimum area variance. Judgment affirmed, without costs or disbursements. By letter dated June 27, 1984, th~ Building Inspector of the Village of Head-of-the-Harbor denied the application of the petitioner O'Connor for a building permit on the ground that the "building plot size [~vas] less than two acres" as required by, inter alia, Local Laws, 1984, No. 2 of the' village. Thereaf- ter, petitioners O'Connor and Lurid (who had sold the land to O'Connor) appealed this determination to the appellant Board. By decision dated October 6, 1984 the Board affirmed the Building Inspector's denial of a building permit solely on the ground that the lot upon which the petitioner O'Connor sought to build was part of a larger lot which had been illegally subdivided, i.e.. subdivided without the necessary approval of the Village Planning Board 11 years before. The record, however, indicates that despite the Board's awareness of the alleged illegal subdivision, it (1) directed the Buildin'g Inspector, by a decision dated July 14, 1984, to issue a "new" building permit to a Dr. Gleason, the owner of the second lot which had been created as a result of the illegal subdivision, and (2) specifically noted in that decision that although Gleason's lot also did not comt~ly with the two-acre requirement provided for in Local Laws, 1984, No. 2 of the village, construction thereon would "cause no harm to the neighborhood" and was "not in contravention of the public interest". ~he ~'oper~ : ioned' utilize · he ap~ ne B~ ,:.titio~ ,~, the '.;atte, lied )uld .:'acke :;7 : :~e pla ':.'aich ~ }~e aF :~nd (2 ~. 198-; App Jud %Ve -upple i'Tetc: We intere . { 'ourt Ac, ene lhfildi mttior "tute ACtor afforded adequate .~r, as the Court of ~pliance with the v McDonnell (418 · zosen v Smith, 66 ining contentio~s · J. P., Thompson, 1., Respondents, v ard of Appeals of ~s.--In a proceed- determination of ead-of-the-Harbor or's denial of the ding permit, the ~e Court, Suffolk ,'hich granted the rected the Board ance. ~ements. ; Inspector of the pplication of the the ground that ~'res" as required village. Therea£- i sold the land to appel]ant Board. ltd affirmed the nit solely on the tioner O'COnnor which had been t the necessary ~rs before. ,ite the Board's : (I) directed the 4, 1984, to issue he Owner of the dt of the illegal n decision that ith the two-acre ~4, No. 2 of the lo harm to the ,n of the public MEMORANDA, Second Dept., March, 1986 575 The Board's decision in the matter involving the Gleason property effectively, in the words of Special Term, "sanc- tioned" the original subdivision, and the Board cannot now utilize the alleged illegal subdivision as a ground for denying the application of the petitioner O'Connor. Moreover, although :he Building Inspector's denial of a building permit to the petitioner O'Connor was based on the insufficient area of his lot, the record clearly demonstrates that the petitioner O'Con- ~:or has demonstrated a "practical difficulty in the use and development of his property" unless granted an area variance t:Vfatter ofFuhst v Foley, 45 NY2d 441, 447) and the Board has !hiled to demonstrate that a denial of the requested variance would serve any public purpose. Lazer, J. p., Mangano, Bracken and Niehoff, JJ., concur. 37 In the Matter of OSSINING URBAN RENEWAL AGENCY, Appellant, v ELISSA LORD et al., Defendants, and PINE ToP BUILDING CORP., Respondent.--In a condemnation proceeding, the plaintiff Ossining Urban Renewal Agency appeals (1) from an order of the Supreme Court, Westchester County (Sullivan, J.), entered October 30, 1984, confirming a supplemental re- port of the Commissioners of Appraisal dated June 7, 1984, which awarded Pine Top Building Corp. the sum of $930,000, together with interest from February 27, 1973, and approved the application of the Commissioners for fees and allowances; and (2) from a judgment of the same court, entered November 8, 1984 thereon, awarding the respondent $1,584,034.$0. Appeal from the order dismissed, without costs or disburse- ments (see, iV[atter of Aho, 39 NY2d 241, 248). Judgment affirmed, without costs or disbursements. We find no merit to the appellant's contention that the Supplemental .report of the Commissioners of Appraisal was too vague, precluding intelligent judicial review. The damage issues have been extensively litigated and we find no reason .to disturb the Commissioners' aWard (see, Matter of Huie [F/etcher--City of New York], 2 NY2d 168, 171). We also find no merit to the appellant's contention that .interest should have run from the .1983 decision herein of the Court of Appeals (see. Matter of Ossining Urban Renewal Ageacv v Lord, 60 NY2d 845l, determining that Pine Top }]uild{ng Corp. had become landlocked by the subject condem- nation. The taking was in 1973. The reports of both appraisers state that fact and there was no issue as to the tak'ing year. Accordingly, interest was properly payable from the taking TITLE NO. 1061674ss CHAIN OF TITLE FOR SUBJECT PREMISES: Margaret J. Vail L 502 cp 507 to d. 1-14-1901 Jonathan B. Terry r. 1-26-1901 Jonathan B. Terry died a resident of Suffolk County on 1-29-1914 Surrogate File #20729 leaving under his Last Will and Testament Jonathan T. Overton and my wife Martha J. Terry, all Real Estate. Martha J. Terry died a resident of Suffolk County on 2-12-28, Surrogate File #29970. Jonathan T. Overton died a resident of Suffolk County on 4-11-61 Surrogate File #465P1961 leaving devisee all Real Estate to his wife Ollie M. Overton absolutely and forever. Ollie M. Overton died a resident of Suffolk County on 2-27-1978 Surrogate File #649P1978 leaving a Last Will and Testament and under said will Appoints Elaine T. Overton, Executrix of said Last Will and Testament. Elaine T. Overton as Executrix of the L 9154 cp 80 Will of Ollie M. Overton, deceased d. 11-12-81 to r. 3-12-82 John A. Sepenoski LAST DEED OF RECORD Sworn to before me this SECURITY TITLE and GUARANTY COMPANY Assistant Title Officer TITLE 1061674ss CHAIN OF TITLE FOR PREMISES NORTH: George H. Riley, Mae B. Riley, ux and L 1246 cp 257 William T. Riley and his wife Anna M. Riley d. 12-15-1926 to r. 1-6-1927 Edwin L. Donahue, Reginald S. Donahue, Raymond W. Donahue, Clement B. Donahue and Mary J. Donahue No Proof of death of Mary J. Donahue in Suffolk County Edwin L. Donahue, a/k/a Edward L. Donahue, L 5337 cp 60 Reginald S. Donahue, Raymond W. Donahue, d. 4-17-1963 Clement B. Donahue, May S. Donahue, wife r. 4-23-1963 of Edward L. Donahue and Ann Q. Donahue, wife of Raymond W. Donahue to The Village of Greenport LAST DEED OF RECORD CHAIN OF TITLE FOR PREMISES EAST: Garaphelia G. Bowman L 1325 cp 319 to d. 1-7-1928 James M. Grattan r. 1-9-1928 James M. Grattan died a resident of Suffolk County on 3-21-60, Surrogate File #522P1960 leaving a Last Will and Testament and under said will leaves all to his wife Catherine R. Grattan. Catherine R. Grattan died a resident of Suffolk County on 12-26-77, Intestate, Surrogate File #210A1978 leaving Jerome F. Grattan and was appointed Administrator of said Estate. CONTINUED: Sworn to before me this SECURITY TITLE and GUARANTY COMPANY Cathy Kinq ~kssistant Title Officer TITLE NO. 1061674ss CHAIN OF TITLE FOR PREMISES EAST CONTINUED: Jerome F. Grattan, individually and as L 8727 cp 311 Administrator of the Estate of Catherine d. 9-28-1979 R. Grattan, Late of Southold, deceased r. 11-9-1979 and Alice Grattan Duffy to Jerome F. Grattan and Alice Grattan Duffy As Tenants-In-Common Jerome F. Grattan and L 9249 cp 315 Alice Grattan Duffy d. 9-23-1982 to r. 9-30-1982 Christos Verveniotis, Christe_9_na Verveniotis, James Ptevritis, ?ota Plevritis, ux, John J. Jianourakis, Mary Jianourakis, ux Christos Verveniotis, Christi__na Verveniotis,ux James Plevritis, Pota Plevritis, ux L 9434 cp 23 John Gianourakis, Maria Gianourakis, ux d. 9-23-1982 to r. 9-29-1983 Christos Verveniotis and Christina Verveniotis, ux Christos Verveniotis, Christina Verveniotis,ux CORRECTION DEED James Plevritis, ?ota Plevritis, ux L 9671 cp 367 John Gianourakis, Maria Gianourakis, ux d. 10-10-1984 to r. 11-2-1984 Christos Verveniotis and Christina Verveniotis, husband and wife CONTINUED: Sworn to before me this SECURITY TITLE and GUARANTY COMPANY Cathy Kinq Assistant Title O~icer CHAIN OF TITLE Christos Verveniotis and Christina Verveniotis, husband to Christina Verveniotis LAST DEED OF RECORD TITLE FOR PREMISES EAST CONTINUED: L and wife d. 1061674ss 11230 cp 590 3-4-1991 3-12-1991 Jonathan B. Terry died a resident of Suffolk County on 1-29-1914 Surrogate File #20729 leaving under his Last Will and Testament Jonathan T. Overton and my wife Martha J. Terry all Real Estate. Martha J. Terry died a resident of Suffolk County on 2-12-28 Surrogate File #29970. Jonathan T. Overton died a resident of Suffolk County on 4-11-61 Surrogate File #465P1961 leaving a Last Will and Testament and under said will leaves devisee all Real Estate of this wife Ollie M. Overton absolutely and forever. Ollie M. Overton died a resident of Suffolk County on 2-27-1978 Surrogate File #649PI978 leaving a Last Will and Testament and under said will Appoints Elaine T. Overton, Executrix of said Last Will and Testament. CONTINUED: Sworn to before me (his SECURITY TITLE and GUARANTY COMPANY Cathv Kinq Assistant Title O~¢icer Margaret J. Vail L 502 cp 507 to d. 1-14-1901 Jonathan B. Terry r. 1-26-1901 CHAIN OF TITLE FOR PREMISES WEST: TITLE 1061674ss CHAIN OF TITLE FOR PREMISES WEST CONTINUED: tlaine T. Overton, as Executrix under the L 9499 cp 402 Last Will and Testament of Ollie M. d. 1-17-1984 Overton, deceased r. 1-20-1984 to Albert W. Albertson, Jr. Albert W. Albertson, Jr. L 9710 cp 453 to d. 12-11-1984 John A. Nobile and r. 1-7-1985 Susan J. Nobile LAST DEED OF RECORD CHAIN OF TITLE FOR PREMISES SOUTH: Margaret J. Vail L 502 cp 507 to d. 1-14-1901 Jonathan B. Terry r. 1-26-1901 Jonathan B. Terry died a resident of Suffolk County on 1-29-1914 Surrogate File #20729 leaving under his last Will and Testament Jonathan T. overton and my wife Martha J. Terry, all Real Estate. Martha J. Terry died a resident of Suffolk County on 2-12-28 Surrogate File #29970. Jonathan T. 0verton died a resident of Suffolk County on 4-11-61 Surrogate File #465P1961 leaving devisee all Real Estate to his wife Ollie M. Overton absolutely and forever. Ollie M. Overton L 5763 cp 345 to d. 6-15-1965 John A. Sepenoski and r. 6-17-1965 Susan M. Sepenoski, ux LAST DEED OF RECORD SECURITY TITLE and GUARANTY COMPANY S'~-orn to before me this O~da~ .of f~x//C~C~I Assistant Title O~ficer NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, APRIL 22, 1993 com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4162 -- THE INGEBORG TALLAREK TRUST. Request for Variance to the Zoning Or: dinance, Article XXIII, Sec- tion 100-239.4A for permis- sion to locate an addition within 100 feet of the L.I. Sound bluff at 905 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This parcel is substandard in this R-40 Zone District and contains a total lot area of approximately 24,000 sq. ft; 2. 7:35 p.m. Appl. No. 4163 - RUSSELL IRELAND, JR. Request for variances to the Zoning Ordinance: (a) Article IliA, Section 100-30A.4 { 100-33B-3 } for permission to locate accessory garage with a side yard setback at less than the required 10 feet; (b) Arti- cle XXIII, Section 100-239.4B for approval of a proposed new deck addition and for grandfather approval of ex- isting deck addition built prior to May 1985, all of which is located within 75 Teet ~Of tti~ bulkhead along Great Pec6nic Bay and with reduced easter- ly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article tIIA, section 100-30A.3. Location of Pro- perty: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-12. This parecel contains a total lot area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3.7:40 p.m. Appl. No. 4059 - JOHN SEPENOSKI, JOHN A. NOBILE and SUSAN NOBILE. Request for Variances: (a) for approval of access for fire and emergency vehicles over a private right-of- way pursuant to New York Town Law, Section 280-A, and (b) to the Zoning Ordinance, Article XXIV, Section 100-244B (Article IliA, Sec- tion 100-30A.3) for approval and recognition of substan- dard lot area and depth, as ex- ists, in this R-40 Low-Density Residential Zone District. Location of Property: 5600 Horton Lane, Southold, NY; Co,'~*y Tax Map Parcel NoJ i:TM -54-3-14.7. This parcel contaim' a total ]cst area of ap- proximately 33,542 sq. ft. and depth of 140.97 leer. 4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC. (Reconvened and con- tinued from March 18, 1993). 5.7:55 p.m. Appl. No. 4156 GARDINERS BAY ESTATES CLUB, INC. (record owner as per Deed at Liber 7671 page 415) - flied by GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION. {Reconvened and continued from February 23, 1993}. This is an Appeal based upon the February 10, 1993 notice of Disapproval issued by the Building Inspector requesting an Interpretation of Article III, Section 100-31C(3) of the Zoning Code which provides for "...docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his per- sonal use." Applicant is pro- posing to construct new dock areas with multiple boat facilities at the community beach of Gardiners Bay Estates. Location of Property: Part of Private Road known as Dogwood Lane situated along "Spring Pond;' an estuary of Orient Harbor; also shown on the Map of Gardiners Bay Estates, Section 2, filed in the '~s'M~ip ~0:~75 East Mari~n NY; County Tax Map ID Nos. 1000-37-l-part of 23 (private road), and part of 17 (under- water land). COUNTY OF SUFFOLK S'['A IAZ OF NEW YORK Patricia Wood, being duly sworn, says that she is thc Eclitor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy. has been published in said I.ong Island Traveler-Watchman ollcc each week for . .................... / .... weeks /5' successively, commencing on the ...................... ',day'or. ..... c7 4'. ...... Swo,'n to before ,ne tMs ........ ./..3-~. 5 ...... day of ............. ~ .... ~9.....9~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires g/31/q¥ ~fh¢ Board of Ap~ als will [ at said time and place ~ear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted 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 informa- tion, please call 765-1809 or visit our office. Dated: April 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX-4/15/93(17) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge DOyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wiltnn 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 · April 9, 1993 TO WHOM IT .ivey 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'appreciated. In the event you wish to amend your appli6ation 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, Linda Kowalski Enclosure Mr. Russell A. Ireland, Jr. Route 25A East Norwich, NY 11732-0010 Michael Hills, Esq. Cruser & Hills 206 Roanoke Avenue Riverhead, NY 11901 Susan Post Rogers, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue Riverhead, NY 11901-0389 Depot Enterprises, Inc. 29205 Main Road Cutchogue, NY 11935 Regi Weile, Architect 211 North Street Greenport, NY 11944 Ingeborg Tallarek 905 Aqu~view Avenue East ~rion, NY 11939 Mr. William Jacobs 550 Depot Lane Cutchogue, NY 11935 · Carmella Borelli, Esq. ongioni & Borelli 218 Front Street Greenport, NY 11944-0562 Mr. Warren A. Sambach, Sr. 255 Dogwood Lane East Marion, NY 11939-0791 Mr. Warren Sambach 11 Halter Lane Levittown,~ NY 11756 Mr. Larry Matzen Gardiners Bay Estates East Marion, NY 11939 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairraan Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOAFd) OF~kPPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION 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 September 12, 1991 Appeal No. 4057 Project Name: John Sepen0ski/J0hn N0bile county Tax Map No. 1000- 54-3-]4.7 over 54-3-]4.9 Location of Project: 5740 H0rt0n Lane, S0uth0ld, NY Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of Access over ]5' ROW Easement This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the ~.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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project'be implemented as planned, and: { } this Board wishes to assum~ Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. (X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted.and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This applica%ion does not directly relate to' new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the. Board of Appeals does not feel its scope o~ jurisdiction is as broad as the Planning Board concerning sit9 changes and elements under the site plan reviews.' The a~ea of jurisdiction b~the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume . you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office 9f the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of ~ooo - 06q - 3 -7.0 toOo - oSq - 3 - ~q' romLdla& &c (no udder) ~orcG~ Ldno. Saw,hold, bd york LL97L, r.fl) ot i, mind pti. TWF;LV£ 'DiOUS,4,1B ~ GO/LOG ($L2,004).00)[~ut ..e lv,qKemb.,qmalm&L So~choLd, Tc~n of S~oLd, SuffoLk C~ty, York, ~d i~ ~rL~d 4s /oLL~s: side of 4 cer~ ~c of ~ ~re~[cer o~ ~d~, Nor~ ~7 ~rd~ 7 m~u~s 20 ~c~d~ ~pt 250.0 ~eet to ~e ~ ~ pLIc~ o~ ~ vl~ ~ r~ Lo ~ use (~ c~ aforeoiLd fLfty-t~C rL~ of ~y (~ fr~ ~ nor~iterty ~ ~r~rly c~r oL ri~t of ~y h~ for ~e ~e of ~r.. .~ _, ...... P P. . tho nor~o~o~ ~o ~. Ho~on . Lov Av~ao, aa~d POint o~ o9 ~nnd,o~ tho p~ty o~ tho ~rat ~aooonde' Woat, a dLetanoo o~ ~0.0 foo~; ~honoo aXo~g :,~ty or.. ~ho ~sC p~, Cwo oou~aos, ', ~),~Or~ ~7 do.eon 07 mLn~?a , Unloae ~t aha11 ooa~ ~t loGat. E~.~ht Th4 ,', unloDa' oxto~Xor plane ~nd dos~a fop aha1% bo approved tn ~itLn; by tho pat 2,' EO 'd~o1%~g o~ otho~ ~t~ot~o ah~l] ¥~a~d p~omieon w~th~ f~ooa (1~) foot 3. ~o o~t~do p~v7 o~ ~ kLnd ahaX1 ~ No bua~noa~ of ~y k~d ah~11 bo cc · ' Uo,~nimala, oxoop~ houaohol~ poma, ~ · ~0n17 one 6woll~g~ tho ueut ~anua~y, ln~ 1976;,i, - h to tho £oXlowlnt: ~ovon~ntn ~aand (~8,000.00) Doll~a, dwollin8 ho~ao of loos coo~ bo o~eotod o~ m~t~od' on " ' ' - ~. - "~' " , ' I - ' ~:~ ;~ ',~, ~O t~ pan~ el t~ tint Fart, Iix comp~l~c~ ~lt~ Section X3 of t~e Lion ~w, ~wn~t~. t~t t~ ~ s4 ~) od Um.,cad p~ T,aL'tv[ 1]lo(,~a~) AJiD ~/[~ (;L2.~.~) ~t -~ m~& 50 s~ds ~sC L27.37 f~C ~ La~ ~ ~ Lo--fLy ~ ~eet to ~e ~c ~PLa T~ ~*~ ~ r~c co ~ use (~ c~ ~ ~) ~ ~ fr~ ~ nor~woterty ~ Mr~zly c~r oL ~ ~m ~M ~- fd.4~lE T. OWIITOII. I~sefltlf r~stdlng at: (no #) Nil, told. So,hold. NY 11901. as ~8cutrtx uflder the Last Mill lad TestMm~ of 01lie 0vertex. decMse4. ~T ¥. ~ p~ly restdl~ at: (hoe) W ~, ~ld, NY I1~I pl~ d il '''d llK ~l~llC~ stJllaleN said land SaX~J~ 43' IS' SO' East 802.96 fiat of da~n Stal~Mtl; lleq sild lind Soda 47' 07' 20' 1Jest ~oM ~ ~ ~ aOdqlmsterly side of Hortoa Line; mrtMesterly side of Hortnn Lane North 40° 26' ; North 47° 07' 20' East 171.88 f~et; ~ 4~ ~ minutes 40' ~est 1~0.00 feet; PLEASE DC) NOT ¥1111m Prlto. t~q. I~l Front Str#t L-~44 DI~TRLC? IOOO S F..c? Z ON. o;,~o0 t~ ~ ~ t OO Ct /$ APPEALS BOARD MEMBERS Gerard P. Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vill~ 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 TYPE II ACTION DECLARATION April 1'2, 1993 Appeal No. al~a Project/App~'i~hnts: County Tax Map No. Location of Project: John Sepenoski/John Nobile 1000- 54-3-14.7 over 54-3-14.9 5740 Horton Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of Access over 15' ROW Easement This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y2S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under'the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under-SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. jdr 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 April 12, 1993 ZONING APPEAL APPL. NO. 4164 - JOHN SEPENOSKI Transmitted herewith is Zoning Appeal Appl. No. 4164 - JOHN SEPENOSKI together with a letter from Susan Rogers Grun, the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, a copy of the Title Search, a copy of an action of John A. Sepenoski against John & Susan Nobile, a copy of the Survey Map, and a copy of the deed. Judith T. Terry Southold Town Clerk SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI 7~7- 4100 April 9, 1993 Town of Southold Zoning Board of Appeals Attention: Linda Kowalski, Clerk 53095 Main Road Southold, New York 11971 Re: APR I Application No. 4057-NYTL Section 280-A to Sepenoski, Parcel ID ~1000-54-3-14.7 at Southold Dear Linda: In light of Mr. Michael Hills' vacation and the Board's publishing deadlines, I am enclosing the following documents: 1. Check of Susan M. Sepenoski in the amount of $450.00 payable to the Town of Southold. 2. Copy of the Stipulation of Settlement dated September 27, 1989. 3. Letter application requesting amendment to relief sought in pending application. 4. Copy of updated Notice of Disapproval and new neighbor notices with certified mail receipts and affidavit of mailing. 5. Copy of single and separate search prepared by Security Title and Guaranty Company. Kindly advertise the amended application for your April 27th hearing calendar so that the recognition of the existing lot and access approval may be considered in one hearing. Thank you for your cooperation in this matter. SRG:dmg Enclosures cc: Michael Hills, Very truly yours, SUSAN ROGERS GRUN~ Esq. w/ partial encls. FORM NO.; : · · TOWN OF SOW BUILDING DEPAI TOWN CLERK'S OFFICE ' SOUTItOLD, N.Y. . NOTICE OF DISAPPROVAL ; PLEASE that your application dated .... NOTICE ............... ~' ~.o~ o'fP,o ,t,, o"-, o,~ ~./z'/.~f.,- '2,,~ ". . ' ~u.tyT~: . M~p No. 1000 Sect~n .. .. ~---- Block ''~ ........ · .......... ~tNo ....... ";' · .'. ... "~ :;[.?;4 ;~5' "' .... ' '. · ~ .... · - ' . .... ~ :~ .~., ~~..~ F'. _ ~.~... ~,.. SMITH, FINKELSTEINt LUNDBERG, ISLER AND YAK~0SKI P, O. BOX 389 RECEIVED ~R 1 ~ ~ REGIN~D C, SMITH Southold Town Clerk April 9, 1993 Gerard R. Goehringer, Chairman Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4057-NYTL Section 280-A to Sepenoski, Parcel ID #1000-54-3-14.7 at Southold Dear Mr. Goehringer: Please accept this letter as a request to amend the above referenced pending application to include relief from Section 100-244B of the Southold Town Code to recognize the existing non-conforming lot (~1000-54-3-14.7) which was created prior to 1989. Thank you for your attention to this matter. Very truly yours, SRG:dmg TOW-N QF SOfT, OLD Southold, N.Y. 11971 (516) 765-1988 October 23, 1984 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, NY 11944 Re: A.W. Albertson subdivision at Southold Dear Mr. Price: The folloWing action was taken by the Planning Board, Monday, October 22, 1984. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Albert W. Albertson, Jr." located at Southold was submitted to the Planning Board on June 11, 1984, and filing fee was paid on June 11, 1984 in the amount of $50.0~ and WHEREAS, a public hearing was held on said subdivision application and plat ~ the Southold Town Hall, Southold, New York, on October 8, 1984 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Albert W. Albertson, Jr., for approval of said subdivision plat prepared by Donack Associates, dated June 4, 1984, be approved and the Chairman be authorized to endorse approval on said subdivision plat. '~ Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary TAX MAP DESIGNATION 1000 054oo 03oo I.ot(s): o14.~& :9g , dOZ PLEASE PUBLISH 2o.'1e4 ~IS INDFJ~I~NJI~E, made ~e 17th day of January , nineteen hundred and eighty-four ELAINE T. OVERTON, presently residing at: (no #) Main Road, Southold, NY 11901, as Executrix under the Last Will and Testament of Ollie Overton, deceased. party of the first part, and * JR. ALBERT W. ALBERTSON~ presently residing at: (no #) Hortons Lane, Southold, NY 11971 party of the s~ond part, !~'ilgF-3,5~lfl, that the pa~y of the first part, in consideration of FI FT~:EI~E_I~OUS~_a~d_~OZI~O .......................................... dollars, law~l money of the United States, ' ' paid by the party of the second pan, does hereby grant and release unto the party of the second pa~, the heirs or succes~rs and assigns of the paay of the second pa~ ~rever, ALL that ~ain plot, pi~e or pamel of land, with the buildings and improvements thereon erected, situ~e, lying and being in the Town of Southold, County of Suffolk and State of New York. bounded and described as follows: BEGINNING at a point on the northeasterly side of Horton Lane at the southwesterly corner of the premises herein described and the southwesterly corner of land now or formerly of Gary T. Winters; RUNNING THENCE alofig said land of Winters North 47° 07' 20" East 287.31 feet to land now or formerly of the Village of Greenport; THENCE along said land South 42° 20' 30" East, 97.14 feet; THENCE still along said land South 43° 15' 50" East 802.95 feet to land now or formerly of John Stepnoski; THENCE along said land South 47° 07' 20" West 407.85 feet to the said northeasterly side of Horton Lane; THENCE along sa~d northeasterly side of Horton Lane North 40° 26' 30" West 50.05 feet; THENCE North 47° 07' 20" East 171.88 feet; THENCE North 42° 52 minutes 40" West 150.00 feet; THENCE North 47° 07' 20" East 25.00 feet; THENCE North 42° 52' 40" West 300 feet to land now or formerly of' Albertson; SCHEDULE A THENCE North 47° 07' 20" East 25.00 feet; THENCE North 42,o52' 40" West 350.00 feet; THENCE South 47° 07' 20" West ~17.11 feet to the northeasterly side of Horton Lane; THENCE along the northeasterly side of Horton Lane North 32° 28' 30" West 50.09 feet to land now or formerly of Gary T. Winters at the point or place of BEGINNING. ~ ,~ · ,.L TO~I'.TI~ER with all right, title and interest, ii any, of the party of the ~r~ pa~ in and to ~y sireets and roads abutting the a~ve described premises to the center lines thermf, T~-I-~ with the appurtena~es and all the estate and rights of the pa~y of the first part in and to said praises, TO ~ ~D TO HO~ the pr~ses herein granted unto the ~y of the second ~, the heirs or su~es~rs and assigns of the ~rty of the second pa~ forever. A~ the part~ of the fir~ part covenants that the ~y of the first ~ has not done or suffered anythi~ whereby the said praises h~ve ~en incumbered in any way whatever, except as afore~id. A~ the pa~y of the first part, in ~mpliance with S~tion 13 of the Lien ~w, ~venants t~t the pa~y of the fir~ p~ will r~eive the consider~tlon for this conveyance and will hold the right to r~eive s~h consid- eration ~s ~ trust fund to ~ applied first Eot the put.se of paying the ~st of the improvement and w~l apply the same first to the pa~ent of the cost of the improvement before using ~ny pa~ of the t~al of the s~e for any other pu~se. ~e word "pa~y" shall ~ mnstrued as if it read "parties" whenever the sense of this indenture ~ r~ulres. IN ~i1'~ ~OF~ the party of the first pa~ ~ duly execut~ this deed the day ~d y~r first ~l~ve wriRen. / Elaine T. Overton On ~ 17 ~ of January 198~4 , ~fO~ me ELAINE T. OVERTON me ~o~ to ~ ~e i~vid~ d~ in and who ~t~ the for~&ng inst~ent. ~d ~wl~ged ~t S~¢ ~t~ ~e ~ Notary ~OTARY ~UBLIC. State of New No. ~-3775950 Suffolk ~ ~t~ Ma~ch 30, STA~ OF N~ YOR~ COUN~ OF ~rsona]ly ~e to me known, who, ~in~ by me duly swo~. did de~se and say that he resides at that he is the of · the corporation described 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 board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OIs NEW TOlt~, COUNTT Ofl On the day of po-sona~ly ~me 19 , before me to me known to he the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTy OF ssi 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 and say that he resides at 1N'o, 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. PLEASE DO NOT PUBLISH 'lTl E NO. OVERTON TO SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS ALBERTSON TITLE GUARANTEE- NEWYORK Recorded Al ReGuesl of The Tflie Guarantee Company RETURN BY MAiL TO: William Price, Esq. 828 Front Street Greenport, NY 11944 1944 ,, ~. · ~ ~--~ ~ ~- '~ - ~ 4,~'l TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ./...~ ~ ! O VILLAGE DIST. SUB. LOT FORMER OWNER N E 1 ~, ~'~ ~/~ r' ~",r-~ I [ I S W TYPE OF BUILDING RES. SEAS. V,.~// FARM COMM. LAND IMP. TOTAL DATE REMARKS FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL /~,e~-.C..:x- t~, ~ OF SOUTHOLD RECORD CARD "OWNER STREET VILLAGE DIS1 SUB. LOT , S~ ~ W ~ ~' ~ ~PE OF BUILDING RES. S~S. VL~//' FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. -TOTAL DATE REMARKS FARM Acre Value Per Value 8~ushland FRONTAG5 ON ROAD~ J~ '- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 2, 1991 Michael N. Hills, Esq. Cruser & Hills 206 Roanoke Avenue Riverhead, NY 11901-2794 Re: App No. 4057 - 280-A Access Approval to Sepenoski Parcel Dear Mr. Hills: This letter will confirm that the public hearing on the above matter has been rescheduled, as requested by your office, until our October hearings calendar. The hearings are expected to be held during the evening of Thursday, October 24,.1991, and a copy of the Legal Notice published by our office in the L.I. Traveler-Watchman and Times-Review newspapers will be forwarded to you under separate cover as confirmation of same. Also, it is our understanding that this application is solely for access approval under New York.Town Law, Section 280-A for a proposed 15 ft. easement within the existing Nobile right-of-way to the Sepen~ki parcel. Please be aware that in considering this application, there is no representation by this Board or the Building Inspector, based upon the documentation submitted, that the substandard Sepenoski parcel is or is not a single-and-separate lot as required by Section 100-281 of the Zoning Code (without a certified single-and-separate search to 1957). Such search is required in order to obtain a building permit, and since we understand that you are the representing attorney in this application for 280-A approval only, resulting from a Supreme Court Stipulation between Sepenoski and Nobile, that information concerning the establishment of this vacant parcel is not available at this time. Please advise in writing if there is any area of the zoning code under which you would like this parcel to be reviewed under prior to our advertising of this matter for a public hearing, at 'Page 2 - October 991 To: Michael N. Hills, Esq. Re: Appl. No. 4057 - Sepenoski 280A which time amendments will be necessary to the Building Department and the ZBA applications. Attached for your file are the filing receipt and a copy of the SEQRA declaration. Very truly yours, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN CLERK To~ o~ ~o~.o~- 4 0 8 5 3 Suffolk County, New York Phone §16-765-1801 Southold, New York 11971 Date ~ ~ / ~ 19 ~ ,Judith T. Te~, Town Clerk ~ 046534 ~ ~ RECEIPT ,JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New york 11971 DATE ~~'~L''~ - _ 19_ CASH BY: ~ SU~:FGL'.'- COUNT',' D~p,L;~.,?,ENT OF I-;EALTH S"_P, VICES D.~.TS. H!S REF. NO.__ NOTE. IMFOt~M,~TION' FF~Ot! ,4CTU,4L SL/RV~YE donack associates land surveyors and consulfing engineers 313 west main street riverhead,new york I1~01 (516) $69- 1717 dune4, rg~4 Job No. 83-3q7A I000- 054-03 - 14.6 Scale, 1% G O' IPE IrlqD >. EL 44 7' '""-EL 44 $ pOLE ', o., % TEST HOLE ~,'~ 0 TE ~1. f VA~ON,q A rO ASSU~ED MAP OF L 0 T ONE MAP OF MINOR SUBDIVISION OF ALBERT W AL. BERTSON~JR AT sOUTHOLD TOWN OF sOUTHOL 0 SUFFOLK COi N,Y, ~LAND SINGLE FAMILY DWELLING ONU *,,~¢~LK COUt,i'~ ,.t:...,; .'.- '. ;:","itOH OHLf ~//~ ~/G APPROVED ~~ SOUTNOLD SA v'INGS BA HN A NoB/LE SUSA -~eaJarld surveying engineering P ,40 west main str,ee, ri?rheQd, new yor,~ ~ (516) 369-1717 OCT. 6, 1984 JobN~8' 1000-O54-O~5 ROI4,G Scele: I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer or the Petition of : John Sepenoski, John Nobile and Susan : Nobi. Le : to the Board of Appeals of the Town of Southold : TO: John A. Nobile Susan J. Nobile 5740.Hortons Dane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: "'-~ 1. Tha_.~1_ii.~e intention of the undersigned to petition~rd of Appeals of the Town o{ Southold to request a~(Special Exception) (Special Permit) ~(Other_J) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000 - 054 - 3 - 14.007 (See attached sketch) 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That b~, such Petition, Ihe undersigned will request the following relief: Relief frc~ Sec. 100-~44B of %b~ Southold Code tO recognize the existing non-conforming lot created prior to 1989 and Sec. 280-A access a~prov~l 5. That the provisions of the Southold Town Zoning 'Code applicable to the relief sought by the under- signed are Article 100 Section 244B . IX] Section £80-A, New York Town Law for approYal o'f access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6a~'d of Appeah~; 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 Southo~d 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:' April 9, 1993 : . . 11971 John A. Nobile Susan J. Nobile 5740 Hortons Lane Southold, 'New Yo~k Petitioner b'T~SRN ~, Agen.t .for John Sepenos]d Owners ' Names: Jonn Sepenos~z Post Office Address 5600 Hortons Lane Southold, New York 11971 Te]. No. ( 516 ) 765-2668 [Copy of sketch or plan ,purposes.] showing proposal to be ~AM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIP'£S ADDRESS Certified Mail Receipt No insurance Coverage Provided Do not use for International Mail (See Reverse) Se., to John A. Nobile 5740 Hortons L~ne Southold, NY 11971 STATE OF NEW YORK ) COUNTY OF suFFOLK) LESLIE LISS ,residingat 602 Pepperidge Lake Road, Eastport,. New York 11941' , being d.uly sworrl; deposes and says that on the 9th day of . . ' tA~r41 · ,19 93 ;dep0nent. mailed a'tr,',e copy of the Notice set for. th on the re- '" verse side hereof, directed to each of the above-named persons at ihe ;lddre~ses set .opp0site.their re~ccti~e , ~ ~' ' ~ names; that the addresses set opposite the names Of said persons are the'~,ddresses of said Persons aS shown on !', ~' the current assessment roll of the Town of Southold;that said Notices.were mailed at the United St~tes*P0st Of-. ~ Riverhead, New York ; that ~aid Notices were mailed to each of said persons by ' ' ..~cert[fied) (~B~_~.:,ail. Sworn to before.me this 9th .' day of April ~, 1-~- ~3 - ~ Notary Public ('/ LESL/E LISS (T~s fi~e does not have to be complet'ed on form transmitted to'adjoining property ownerS.') 3OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Pctition of John Sepenoski, John Nobile and Susan RoDile to the Board of Appeals of the Town of Southnld TO: Vincent Regan Veronica Regan 5860. Hortons Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: · ' 1. Tha~ intention of the undersigned to pedti~rd of Appeals of the Town of Southold to request a V~ariance~(Special Exception) (Special Permit) (.(Other_~) [circle choice ] ). · 2. Thattheproperty whichisthesubiectofthePetiti°nisl°catedadiacentt°y°urpr°pertyandisd~' cribedasfollows: 1000 - 054 - 3 - 14.007 (See attached sketch) 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 That b% such Petition, the undersigned will request the following relief: Relief fzca~L Sec. 100-~44B of %/~ Southold Code to recognize tbm existing non-conforming lot created prior to 1989 and Sec. 280-A access approval 5. That the provisions of the Southold Town Zoning 'Code applicable to the relief sought by the under- signed are Article 100 Section 244B IX] Section 280-A, New York· Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above be filed in the 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 B6a~'d 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 Lon~ Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold 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:'April 9, 1993 ~ . , John A. Nobile · Susan J. Nobile 5740 Hortgns Lane Southold, New York 11971 PetitionerSUSANROGERS~GRUN, Agent Sepenos~ Owners'Names: John Sepenoski PostOfficeAddress 5600 Hortons Lane Southold, New York 11971 Te]. No. ( 516 ) 765-2668 [Copy of sketch or .purposes.] plan showing proposal PROOF OF MAltING OF NOTICe. ATTACH CERTIFIED MAIL RECEIPT.S. ADDRE55 ~ P ~,57 577 5l:6 ..Certified Mail Receipt No insurance Coverage Provided Do not use for international Mail se"'t~incent and Veronic~ Street & No 5860 Hortons :Lane RO , State & ZIP Code Southold, NY 11971 ~ Return .eceipt ShOwm~ R/~ STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) LESLIE LISS ~ residing at 602 Pepperidge Lake Road, . Eastport, New York 11941 , being du~y ~worn, deposes and says that on the _ 9th. day of A[3ril ,19 93 ..,dep°nent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold: that said Notices were mailed at the United States Post Of- fice at Riverhead, New York ; that ~aid Notices were mailed to each of said persons by (certified) (~:le~.'o:ail. . LESLIE LISS Sworn to before me this 9th day of April ,19 93 Notary Pubti~ (Th~s side does not have to be complet'ed on form transmitted to adjoining p~operty ·owners ) ~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : John Sepenoski, John Nobile and Susan : mobile : Io the Board of Appeals of the Town nf 5ourhold : TO: Village of Greenport 236 3rd Street Greenport, New York 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: '' · 1. Tha_j,.iLil~e intention of the unde~igned to petition..qJJL~rd of Appeals of the Town of Southold to request a V~ariance~(Special Exception) (Special Permit)~(Other_~ [circle choice] , 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000 - 054 - 3 - 14.007 (see attached sketch) 3..That the propertywhichR_40 is the subiect of such Petition is located in the following zoning district: f,, 4 That ht such Pelitiun, the undersigned will request the following relief: Relief f~rC~. Sec. 100-~4B of %he $outhold Code to recognize the existing non-conforming lot created prior to 1989 and Sec. 280-A access approval $. That the provisions of the Southold Town Zoning 'Code applicable to the relief sought by the under- signed are Article 100 Section 244B Ix] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above be filed in the Southold Town Clerk's Office at Ma~n Road, So,',thold. 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 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 Lon~ 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 ~o appear and be heard at such hearing. Dated:' April 9, 1993 ..: . . J6hn A. Nobile Susan J. Nobile 5.740 Hortons Lane Southold, New York 11971 Post Off]ce Address 5600 Hortons .Lane Southold, New York 11971 Tel. No. ( 516 ) 765-2668 [COpy of sketch or ,purposes.] plan showing proposal to l}Im~l, - ~ '; ~v~]ROj~I be attached for cenmen~ence PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS AODRE5.5 /P 703 880 270 j~_~Certified Mail Receipt ~ DNo° 'nno~Ut~saen~r~n°t~errnaagti~)nPar~ldai~d ~,,E~,*,ES (See Reverse) village of Greenport 236 3rd Street PO S(ale & Z)P Code I%~f 11944 Postage ~ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipl Showing STATE OF NEW YORK ) COUNTY OF SUFFOLK) LESLIE LISS , residing at 602 Pepperidge Lake Road, Eastport, New York 11941 ' , beinl[ duly sworn, deposes and says that on the 9th day of A~)ril ,19 93 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead, New York ; that ~aid Notices were mailed to each of said persons by (certified) ( I~l:i~cocH:o:.ait. Sworn to before me this 9th f April 019 93 day pf _ '~'~' '~ -.¢./ - , . Notary Public 0/ LESLIE LIS$ IR. ORENCE K, GAJESK! ~ublic, State of New ~ 4731565 in Suffolk CountY [INWrel Auguet ~1, (Th,is Side does not have to be complet'ed on form transmitted to adjoining Property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the MaJter or the Petition of : John Sepenoski, John Nobile and Susan : NODUle : to the 8nard of Appeals of the Town of Southold : TO: John A. Sepenoski Susan M. Sepenoski 5600 Hortons Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That_~iiiL!.~e intention of the undersigned to petitlon,.9.JJILr,_.B.9~ard of Appeals of the Town of Southold to request a V~arianceD(Special Exception) (Special Permit) (,(Other_~ [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000 - 054 - 3 - 14.007 (See attached sketch) 3. That the property which is the subject of such Petition is located in the following zoning dlstrictI R-40 4 Thai b~, such Petition, the undersigned will request the following relief: Relief frc~ Sec. 1 ~44B of %he Southold O0de to recognize the existing non-confozming lot created prior to 1989 and Sec. 280-A access approval $. That the provisions of the Southold Town Zoning 'Code applicable to the relief sought by the under- signed are Article 100 Section 244B tX] 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 lhe $outhold 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 B6a~'d 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 Lon~ Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:]April 9, 1993 ..: . . John A. Nobile Susan J. Nobile 5740 Hortons Lane Southold, 'New Yo~k 11971 r~"JOp,.titioner SUSAN R0~E~S GRUN, Agent SepenosM 'O'wners'Names: ~6hn Sepenoski Post Office Address 5600 Hortons Lane Southold, New York 11971 Tel. No. ( 516 ) 765-2668 [copy of sketch or purposes.] plan showing proposal to be attg~[' ' ., V,Z t e n c e PROOF OF MAIkING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS. ADDRE55 P 6~? ~77 566 Certified Mail Receipt ~nsurance Coverage Provided ~ Do not use for Internationai Mail LJNJT~DSt*TES (See Reverse) se.~ *o John A. Sepenoski Susan M. Sepenoski Street & No 5600 Hortons Lane PO Slate & ZIP Code Southold, NY 11971 ~ to Whom & Date ~'~ Return Receipt S STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: LESLIE LISS .,residing at 602 Pepperidge Lake Road, Eastport,. New York 11941' , being duly sworn, deposes and says that on the 9th day of A[oril ,19 93 verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective ' names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notice~.were mailed rice at · Riverhead, New York ; that ~aid Notices were mailed to each of said persons by ..(certified) LESLIE LISS Sworn to before.me this 9th Notary Public (This fi~e does n~t have to be complet'ed on form transmitted to'adjoining p~operty owners.'; BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of John Sepenoski, John Nobile and Susan NOOi--J.e to the Board of Appeals of the Town of Sourhold NOTICE TO ADJACENT PROPERTY OWNER TO: Christina Verveniotis 42-11 163rd Street Flus-hing, New York 11358 YOU ARE HEREBY GIVEN NOTICE: '' 1 Thee intention of the undersigned to petiti~rd nf Appeals of fne Tow'n of Southold to request a Vl~iancD(Special Exception) (Special Permit) L(Other~ [circle choice] 2. That the property wh'ich is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000 - 054 - 3 - 14.007 (See attached sketch) 3. That the property which is the subject of such Petition is located in the following zoning district: ) R-40 ~.~44B 4 Thai bt such Petition, the undersigned will request the following relief: Relief f~:¢~ Sec. 10a of T-he ~x~thold Code to r ,ecpc_g~ze the existing non--confo~mi~g 1or: c~eab~d grior to 1989 and Sec. 280-A access approval 5. That the provisions of the Southold Town Zoning 'Code applicable to the relief sought by the under- signed are A---~c-icle 100 Sect. lorn 244B [X] Section 280-A, New ~ork. Town Law for approval o'f 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 Appears; 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 Lon~ Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' April 9, 1993 John A. Nobile - Susan J. Nobile 5740 Hortons Lane Southold, New York 11971 Post Office Address 5600 Hortons Lane Southold, New York 11971 Tel. No. ( 516 ) 765-2668 [Copy of sketch or purposes.] plan showing proposal to be PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIP'z~S, ADDRESS f P 657 577 565 l,~-. Certified Mail Receipt (~- .~"; No Insurance Coverage Provided ~'~-'~ Do not use for International Mail mml u..~.~,~E~ (See Reverse) Christina Verveniotis 42-11 163rd Street Flushing, NY 11358 STATE OF NEW YORK ) COUNTY OF SUFFOLK) LESLIE LISS , residing at 602 Pepperidge Lake Road, Eastport,. New York 11941' , being duly sworn, deposes and ~¥s that on the 9th day of A~)ril ,19 93 , deponent mailed a true copy of thc Notice set forthon the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their resPective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices.were mailed at the United states Post rice at · Riverhead, New York ;that ~aid Notices were mailed to each of said persons by ..(cert 'fled) LESLIE LISS Sworn to before,me this 9th dy~l ,1993 .' t Notary Public FLORENCE K. GAJESKI ~ Publk:, State of New ~ No. 473166~ / Qualified In Surfak ~ ~/~ .ConM~i~io~ ~ ~ lt. 1L.L/ (Thais s'i~e does not have to be complet'ed on form transmitted to adjoining property owners.')