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Home My WebLink About4182 · 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 ACTTON OF THE BOARD OF APPEALS 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 Appeal No. 4182. Upon application of KELLY McDERMOTT. Variance to the Zoning.Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of 8710+- sq. ft. and is located in the R-40 Residential Zone District. WHEREAS, a public hearing was held and concluded on July 22, 1993; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS~ the Board Members. have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS~ the Board made the following Findings of Fact: 1. This application is for a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed are the following: (a) addition to accessory storage building 160 sq. (b) bedroom addition 140 sq- ff. (c) 'rear addition 70 sq. ft. (d) entry addition - up to 60 sq. ft. (e) side porch addition 132 sq. ft. ft. Total square footage to be added: 560 sq. ft. 3. The Board finds: Page 2 - Appl. No. 4182 Matter of KELLY MCDERMOTT Decision Rendered July 22, 1993 (a) the circumstances are unique to the property and its substandard size of 8710 sq. ft. of lot area and the difficulties claimed are nbt personal to the landowner; (b) the relief requested is not substantial in relation to the other properties in'the area; the increase requested is 560 square feet over the existing coverage of square feet, for a total of 2294 square feet; 1732 (c) the relief will not alter the essential character and is in harmony with the intent of zoning, and the additions will comply with all other zoning regulations; (d) there is no other method feasible for appellants. to pursue other than a variance; (e) the benefits are the minimum necessary; afforded are great to applicant and (f) the relief requested wilt not create an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (h) in view of all the above factors, the interests of justice will be served by granting the relief requested for an additional 560 square feet of lot coverage. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED to GRANT the variance 'for an additional 560 square feet of lot coverage, as requested under Appeal No. 4182 in the Matter of the Application of KELLY McDERMOTT. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. ]k APPK4I~ BOARD IViEMBERS Gerard P. C~oehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID NO. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of 2 - Notice of ~rinqs Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: south Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178 JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drivel Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7~ 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.. Variance · to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. Page 4 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the'Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities..", and pertaining to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. NO. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc."), as Contract Vendee, request a Special Exception as per Page 5 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the'end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. ~This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article F~I, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). Page 6 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory, use incidental to the proposed new car sales establishment for the sale 'and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Road (NYS Route 25), Laurel, Parcel No. 1000-122-6-30.1. Location of Property: 7655 Main near Mattituck, NY; County Tax Map The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted, prior to · the'conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. a TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL ...~.~.~. ................. .... PLEASE TAKE NOTICE that your application dated..~. for pe~t to ~/~~.~~~. ~~..~ Location of Property .... ~.~ ......... ~ ~ Subdivision ................. Filed Map No ................. Lot No ....... ' is returned herewith and disapproved on the following grounds ............ ........... ...... ; ........ ~.~ ...... ~~.~,...~~ ...... ~ .. / , ~ ~'~ ..... ............ . ................................. RV 1/80 Approved ................. 19... Permit No. Disapproved a/c FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180;3 · (Building Inspector) APPLICATION FOR BUILDING PERNIIT BOARD OF HEALTH ........ 3 SETS OF PLANs ........ SURVEY ................. CIIECK SEPTIC FOR}I ............ HAIL TO: Date ,~ -12- 19.~.~ · . INSTRucTIoNS a, Tlfls application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public st?¢et or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli cation. c. The work covered by tkis application may not be commenced before issuance of Building Permit. d, Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi shall be kept on the premises available for inspection throughout the work, ¢. No building shall be occupied or used in whole or in p~t for any purpose whatever until a Certificate'of Occupanc~ shall have been granted bY the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tht Building Zone Ordinance of the Town of Southold~ .Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and tc admit authorized inspectors on premises and in building for necessary ins~p~ns. ~ ~ . . .. __ - ... C~..~..~.~.~.~~ .... (Signatur~ of applicant, or name, if a corporation) · .,~... ~..a~.~:..~ O./q...~az:.. ,,,,3/2q.../.,~.. f (Mailing addres~ of applicant) State whether applicant is owner, lessee/agent, architect, engineer, generaJ contractor, electrician, plumber or builder. N~me of owner of premises ~.. ~.~.. ~. ~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer.' · ' (Name and title of corporate officer) Builder's License No. ' Plumber's License No .... ................. Electrician's License No ....................... Othm- T~-ade'o 1; - ~ Location o,[~la,,nd., on w~[~).prsp~sed~ork will be ·done..~. ltouse Nmnber ~-~ ' ' ' ' Street Hamlet ' County Tax Map No. 1000 Section ... i. ~.~..... Block .. ~/. ' tot.. ~ ............ Subdivision ........ . ............................ '. Filed Map No. (Name) .............. Lot ....... · ........ State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . .~...~Z~. ~~. b. Intended use and occupancy ...... . · 3. Nature of work (check whic , ; · '~ aote): New Building .. ...... "' ' · - . Alteration ....... ~. · Repmr ...... ~:~ · - -.- · Re~val .............. Demolition . ' . i ......... Other Work....'7....,...'.. .4. Estimated Cost .... .~..~/....tSar... ' (Description) · -. .... Fee 5.. lfdwelhng, number ofdw I (to be paid on filing this application) 6. 7~ ly.g.u, nlts ?. .......... Number of dwelling units on each floor If garage, hum her of cars ~. ............................................................ If business, COmmercial or mixed occupancy, specif nature and 7. D~mens,ons ot exmtmg structure~ ir .... o Yy,~ ,o-,, extent of~ach type of use . Hei-h~ ~--t ,~__._ ~--,my.t'ron~ -'--' t'. - z,~__ ,~,,'~,/ ................ D:--- ' ' ;. '. ....... Num. ber of Stories . ..2,..4.~.~. ~/4q~. ~... · . ........... Depth ... '.~Sff ......... mmns~ons oz Same structure, with alterations or additions: Front ~;/fi''/ ' ....... ,~ ..... '~,[;,>.;.',.j ........ Depth . ~ / , Dim~__'. ~." · ~ ............. Height . ..2.23....A~..~.o~..~- ....' ................ ~ear .. ~../.,.~s. ......... 8. =ri=ions oI entire new construction: Front .......... .... ........ · ·, · · Number of Stories .2 .~.~'. ,o.. '~/¥~ . Height ............... Number of Stories ....... .... ;>.-i'.Rear "; ............ Depth ....~... j j '" 9: Size of lot: Front .~,.. ~¢~.~ ............ ' I0. DateofPurchase ~2~2.' .......... Rear..~..C,.qS.: ........ :...'l~;;il~' ~12.~.'? ......... ~''' ....................... amc of FOrmer Owner 4- ,/:r'...e,~e. Z'. ~.~.'~.'.~ .... 11. Zone or use district in which premises are situated ............. .I 2.Does proposed construction violate any zoning law, ordinance or rest lation: ...... · · Will 10t be r.-'graded .... ~ ' Will · · 14. Name of Owner ofpremises~S4~ ...... excess fill be rem?cd from premises: y ........ Name · ' ' ' "~" ":~' .... ~ .... Address ~ zeo& - es No of Architect .............. · · ~ · ....... ~Phone No. ~5-,~.-~..Z4-/2~,7 Name of Contractor . .~.~..4....:/~/p~r~'?3L ....... ~u, ress .~, ...... ........... Phone No.. . ' ....... 15.' I~ thins property within' ~00 fee''~''~' oD' ~' 't'~'~-re~s? ~ ¢>~9..~..~..a~TK~7., Phone No .~')~' .... .... PLOT DIAGRAM Locate clearly and distinctly all buildings, ~vheth~r existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and interior or corner lot. . indicate whether STATE OF NEW YORK, ~OUNTY OF S.S .... .... cP. ............... (Name of individual signing contract) bo'/e named. being duly sworn, deposes and says that he is the applicant [e is the ..... . ................ ~. ,..' .... ' ............................ · t ntractor, agent, corporate officer, etc.) ........ · ........... f said Owner or owners, and is duly authorized to perform or have performed the said work and to make and file this oplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. · ,yom to before me this ...... ...... ~-- ..~..daygf...~.. · ,19 ,'tary Public ..... ~i' '~'":' J'~''~ ';22~ty ~ . - N.o. 4952246, Suffolk Coumv - · ' ' ' .'' ..... -.-; · t~ ............. mrm Expo res June 12, 1.~t2.~5~ ' (Signature of applicant) JUN30 1993 Southold ti~wn ~ TOWN OF SOUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECT'OR APPEAL NO. q / (~;x.~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. We, ............ o, Name of Appellant Street a~d Number .......... ~z~-zc~ ............................. ~Z~ ............ ~/ ..~..: .................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED. ....... ..~..-,} WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ~_c..~_.~..~ ~...~.: .z~_:: ........ i ............. Name of Applicant for permit of ~c~...~.z..~ ..................... ~2~y. cz~.~.~ ........... ..../Y'./... ....... L./~ .'Z.. ............ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR. OCCUPANCY 1. LOCATION OF THE PROPERTY .................. ~';;':;T'7~iE. 1EE"/-'Ose-'"-6i;'~r~ct o--'"";,--~b.~ng'"'""";~;'~ District lO00 Section ~Bl°ck~/Lot~ ......................- ~- uurren~ - Owner ~ ~~7~ MaP No. ' Lot No. Pri or Owner ~l), 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. ~)o not quote the Ordinance.) Article.~ Section /~-~ _~ <~z~ ~7~Z-~-z~ ~ ~~ 3. ~PE OF APPEAL Appeal Js mmd-~rewith for (please check appropriate box) A VARIANCE to t g ~rdi~ncE or Zoning Map (') A VARIANCE due to t~[ of access (State of New York T~n Law Chap. 62 Cons. L~s Art. ] 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hasX(_(h~chcs~n~ol') been made with respect to this decision Of the Building Inspector or with respect to this property. · Such oppeat was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL ,.,, .... Continued I. STRICT APPLICATION OF THE ORDINANCE wauld produce practical difficulties or unneces- saw HARDSHIP' because 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because ~. The Vori~nee wo~td obaerve the ~irit o~ the O~dinonce ~nd WOULD NOT CHANSE THE CHARACTER OF THE D[S IRI~ STATE OF NEW YORK }. COUNTY OF ,~-~ ss Sworn to this ............ d....~ .................... day ..... ~.. .............................................. ]9 UNDA J. COOPER No. 4822669, Suf~k Countv,~, / Term Expires December 31, 19 1~'~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER .' STREET ~ ~:)O VILLAGE DIST. SUB. LOT ~11~I /V/~b~tf ¢~.~¢e~')/,~.~, ~ O~,.~t ~ ~'~ FOYER OWNER~ -- E k~ ACR. ~ ~ ~ S ~PEOFBUILDING RES. ~/a S~S: Vb FXRM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS,, ,,- i,,~.~ CmO f~, o O / ' / '~' I. AGE - BUILDING CONDITION N~ ~ NORMAL BELOW ABOVE FARM _ Acre Value Per Value · Acre Tillable l Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Hodse Plot DEPTH / ~ O ] BULKH~D /~ r~o-a~ ~ DOCK · M. Bldg, Extension Extension Extension Porch Breezewa Garage Patio Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roan Dormer Driveway II I~11 I I t II~d I I I I I I I I I I I I I I.i $1~1 ~t F-I--I~ I I I'"1' I Bath I Floors Interior Finish Heat Rooms ]st Floor Pt O.B. Total Rooms 2nd Floo Dinette LR. DR. BR. FIN. B. ~,~.. ~¥_/_ ~ TOWN OF SOUTHOLD PROPERTY REC:ORD CARD OWNER STREET ~ ~:2~ ~' O VILLAGE DIST. SUB. LOT S ~PE OF BUILDING RES. ~/0 S~S: VL. F~RM CO~M. CB. M~SC. M~. W~e / ' / '~' AGE BUILDING ~ONDITION N~ ~ NORMAL BELOW ABOVE FARM Acre Value Per Value ~ Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ~ ~ ~ ~- ~ 0 ; ~ ~ d House Plot DEPTH / ~ ~ ~ ~ BULKH~D Tot~ ~ DOCK M. Bldg. Extension Extension Extension Porch Breezewa~ Garage Patio O.B. Total ~q~ od COLOR TRIM Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Dinette K. LR. DR. BR. FIN. B. Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roon Dormer Driveway / )l~c~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 27, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Paul McDermott Box 2002 - Skippers Lane Orient, NY 11957-2002 Re: Appl. No. 4182 - Variance for Lot Coverage Parcel ID #1000~24-1-8 at Orient Dear Mr. McDermott: Please find attached a copy of the findings and deter- mination rendered by the Appeals Board at our July 22, 1993 Regular Meeting. Copies of this determination have today alsobeen forwarded to the Building Department for their update. Please be sure to return to the Building Department with appropriate application forms for their review in accordance with other local, county or state building occupancy regulations or for structural changes which may be necessary prior to commending construction activities. Very truly yours, Enclosure Copy of Decision to: Building Department Linda Kowalski PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD July 22, 1993 Present : (7:30 p.m. Hearings Commenced) HON. GERARD p. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Board of Appeals 4 July 22, 1993 APPL. NO. 4182 - FRT.T.y McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of 8710+- Sq. ft. and is located in the R-40 Residential Zone District. 7:35 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of the survey produced by Anthony Lewandowski. It is dated January 9, 1993, and indicates this rather quaint two-story frame home on, as I said, State Street or Skippers Lane and Oysterponds Lane in Orient; and we have calculations here of the additions that they are requesting or that Miss McDermott is requesting, and she is requesting an increase from 20% lot coverage to 26.3% lot coverage; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody here to represent her? How do you do, sir? I notice the "mikes" aren't pulled over, and I apologize for that. VOICE: Do you want me to move it over? Board of Appeals~ 5 July 22, 1993 THE CHAIRMAN: Yes; would you mind? It is Just that we have to take everything down by tape, and it is easier if you speak into the mike. VOICE: Do you want me to come up there? THE CHAIRMAN: Whatever you choose, it is fine. This is a very relaxed group. NoMcDonald's hearings on tonight. Could we have your name for the record? PAUL McDERMOTT: I am Paul McDermott, Kelly's father. THE CHAIRMAN: What can you tell us about the construction? What would you like to add to the hearing? MR. McDERMOTT: Nothing, except we are going to make it our family home, and we just need more room actually and a place to sit outdoors. It is a good house. Do you mean what condition it is in? THE CHAIRMAN: No, you can see that it needs some face-lifting~ MR..McDERMOTT: It does need that. Just as a small area over an office for a dining room and a kitchen area will get used up with kitchen, dining room, living room, so-- THE CLERK: The lot is very tiny. MR. McDERMOTT: (continuing) --a little family area and an outside porch to enjoy the outside in. There is no storage because there just isn't any in it. Two closets in the house, and the garage, as I said, is of relevance. THE CHAIRMAN: Is there a basement? Board of Appeals 6 July 22, 1993 MR. McDERMOTT: There is a basement under half of it. It is pretty damp; so the only storage really is the garage. My sone is married; he has got, we are buying bicycles, buying a lot of things that can't be anywhere else but out here, so-- THE CHAIRMAN: Let me Just see -- Does anybody have questions of Mr. McDermott while he is standing? (Board indicated no questions.) THE CHAIRMAN: We are kind of used to doing these, the reason being that when you have a 66-foot lot by 129, there is an understanding that, to a certain degree, things sometimes have to be expanded. Of course, in your particular situation, you also have two front yards, which of course you are not infringing upon because you have an established setback already. So from my particular point of view --I am not speaking for the Board-- I don't have a particular problem with the .26.3%. We will see if there is anybody else. Is there anybody else in the audience who would like to speak either or against this'application? (There was no response.) MEMBER VILLA: Just one question. additions? MR. MC DERMOTT: Yes. MEMBER VILLA: be one-story? for Is it all one-story The front part of the house Yes, but are all the additions going to Board of Appeal~ 7 July 22, 1993 grant Have a MR. McDERMOTT: Yes. THE CHAIRMAN: Good. Do you gentlemen want to make a motion on this, or do you want to talk about it later? MEMBER DINIZIO: Are you calling for a motion? THE CHAIRMAN: Yes, if you would 'like. MEMBER DINIZIO: Then I will make the motion that we it as applied. CHAIRMAN: I will second that. (Unanimously carried.) THE CHAIRMAN: Thank you very much for coming in. lovely evening and a nice summer, sir. MR. McDERMOTT: I will. ~D /z~ APPEALS B CARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARPJS Super~sor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 6, 1993 TO WHOM IT'MAY CONCERN: Enclosed with this letter is a copy of the'Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you m~st file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising Of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, EnClosure Linda Kowalski \~ BOARD OF APPEALS "./~*'TOWN OF SOUTHOLD NOTICE OF 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, Sonthold New York 11971, on THURS- DAY, JULY 22, 1993, com- mencing at the times specified below: 1.7:32 p.m. Appl. No. 4172. To reconvene hearing in the~ Matter of JANET A. FERGUSON (continued from June 22, 1993).' Central Avenue, Fishers 'Island,' NY; County Tax Map Parcel ID No. 1000-066-08-006, 2. 7:35 p.m. Appl. No. 4182- KELLY McDERMOTT. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 (Bulk Schedule) for permission to 'expand house! and accessory garage which] will . exceed the. 20% lot coverage limitation. Property Location: Northeasterly cot- ! · ncr of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel ID NoJ 1000-24-1-8. This property contains an area of 8710+ sq. ft. and is located in the R-40 Residential Zone District; 3. 7:40 p.m. Appl. No. 4179- THOMAS D. DUFF, JR. AND ELAINE ' DUFF. -Variance' to the Zoning Or- dinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard set- back. Property Location: South side of Crescent Avenue (North Hill), Fishers Island,NY; bounded west by Nitze; east and south by' Zabohonski; County Tax Map.~ Parcel ID No. 1000-6-2-3.,2;~ also referred-to as Lot 25 on the unfiled "Map of Henry WaishV This parcel is noncon- forming at 1.003 + acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No 4160- SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced set- back f~ the bank or bluff of thenL~I. Sound. Property Location: 58235 C.R. 48, I Greenport, NY: County Tax Map Parcel ID No. 100044-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177- JAMES ..Pt and EILEEN LEDDY. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addi- tion with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel ID No. 1000-140-2-36~ 6. 7:55 p.m. AppL No. 4178- JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to non- conforming lots) for permis-] sion to contruct open deck ad-~ dition with an insufficien¢l rearyard setback. Property~ Location: Southwest corner-.I Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel ID No. 1000-104-5-25,.This parcel is nonconforming at 19,602± sq. ft. in this R-40 Zone District 7. 8:00 p.m. Appl. JOAN AND ROY BERMAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for permission to construct addition to ac-i cessory storage-garage building which was recently; altered under Permit No. 20895 issued 8/18/92. Propos- i~ ed addition W6uld reduce th~ required frontyard setback l and would be in excess of 20o/0 lot coverage limitation for all. buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County 'Pax Map Parcel ID No. 1000-31-18-11. This property is nonconforming at 2614 + sq. ft. in this R-40 Zone District. 8. 8:05 p.m. AppL No. 4039-I CLLFFSIDE ASSOCIATES, INC. (Owner). This is a re- quest which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspec- tor concerning an application for permit to include kit- chenettes in motel umts cntng~ Article III, Section 100-13 ?hich is the Definition Section of the Zoning Code pertaining to the April 9, 1991 N~[ie of Disapproval which~ds, "...hotel or motel transient which says in part that there will be no cooking facilities... ;' and pertaining ! to the April 25, 1991 Notice of [ Disapproval which reads, [ ':..hotel or motel resort. Ac- '/ ti~n required by Zoning Board I of Appeals to permit cooking facilities in individual motel units.. :' The subject premises previously had received a con- ditional determination for a Special Exception file¢ 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchen- ettes or dwelling uses. Loca- tion of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel ID No. 1000-045-01-001 and 002 (now 2.1), containing approximate- ly 7.5 acre. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181- AABR REALTY Facilities Holding Corp., a Type C Not- For-Profit Corporation (now or formerly known as "Assodation for the Advance-~ ment of Blind and Retarded,~ Inc2') as Contract Vendee, re- quest a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-3lB for use as a philan- thropic home as provided by Subsection 5 thereof. Proper- ty Location: South side of Middle Road near the end of Highway 48, House No. 6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Panel ID No. 1000-121-4-8.1,, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183- JOHN AUSTINE.' Variance to the Zoning Or-' dinance, Article IIIA, Section 100-30A.4 for permission to~ locate accessory one-story garage building partly in the side yard with a setback at ap- proximately five feet from the southerly side property lin~ Location of Proerty: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel ID No. 1000-115-16-20. This property !s ~ubstandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No.! 4120- MATrlTUCK AUTO[ CENTER, INC., and WILLIAM GOODALE. Variance to the Zoning Or-I dinance, Article XX1, Section~ 100-212B for relief from the front yard landscaping provi- sions of the zoning eod~ .Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE-MATTITUCK AUTO CENTER, INC. and. WILLIAM GOODALE. Special Exception to the Zon- ing Ordinance, Article X, Sec- tion 100-10lB(12) for a permit authorizing: (a) a new car. saies-rentni establishment; Co) an establishment of an ac-~ cessory use incidental to the proposed new car sales establishment for the saie and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new prin- cipal use as a new car snie~ establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tan Map Parcel ID No~ 1000-122-6-30.1. The Board of Appeais will at said time and place hear any and ail persons or represen- tatives desiring to be heard in the above matters. Writte~ comments may also be sub.- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the t!mes designated above. If you wish to review the files or need to~ request more informa- tion, please call 765-1809 or visit our offic~ Dated:' July 6, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiski · IX-7/8/93(16) ss: S I'A'I'E OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ... an.,d that the notice of which the annexed is a printed copy, . has been j~ublisbed in said Long Island Traveler-Watchman · ' · ' : :: :' once each Week f0r.i ': ~' / weeks : : successively, commencing on tile ...................... Sworn Io before me Ihis ' clay of 19 ~..~... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sta!e ol New York No. 4806346 Qualified i~r Su[[clk County Cem missioir Expires copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93: Stephen L. Ham III, Esq. Re: Ferguson 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Mr. and Mrs. James P. 29 Bradford Lane Bethpage, NY 11714 Leddy Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duff, Jr. 34 Hunter Road Manchester, CT 06040 Re: Tasker Re: AARB Mr. and Mrs. Roy Berman 79 Mackey Avenue Port Washington, NY 11050 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 J. Kevin McLaughlin, Esq~ 1050 Youngs Avenue Southold, NY 11971 Ardnt Construction 64 Circle Drive North Patchogue, NY 11772 Re: Cliffside Associates Re: Goodale/Mattituck Auto Re: Austine Re: Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 L.I. Traveler-¥~atchman, Inc. - Times-Review courtesy copy ZBA Board Mem~rs with copies of each pertinent file Town Clerk Bul!ctin Board (in lobby) Building Depar ~ent Attn: C. Horton Planning Board%Chairman R. Ward Town Attorney q. Arnoff APPEALS BOARD MEMBERS Gerard E Goehrin~er, Chairman Ser~e Doyen, ,Ir. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S,'E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4]8£ Project/Applicants: County Tax Map No. Location of Project: Paul and Kelly McDermott 1000- 24~1-8 lO00 Oyster Pond Rd., Orient, NY 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 June 30, 1993 Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to dwelling and accessory shed - proposed construction will exceed permitted lot coverage This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency'under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 30, 1993 ZONING APPEAL APPL. NO. 4182 - PAUL McDERMOTT Transmitted herewith is Zoning Appeal Appl. No. 4182 - PAUL McDERMOTT together with the Notice of Disapproval from the Building Department, a copy of the survey map, the Application for a Building Permit, a copy of the Pre Existing Certificate of Occupancy, the Housing Code Inspection Report, a letter from Kelly McDermott dated June 23, 1993, a copy of the deed, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, the Survey map, and the Notice to Adjacent Property Owners. Judith T. Terry Southold Town Clerk 617.21 · Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Applicant or Proiect sponsor) 1. AR LICANT /SPONSOR 2. PROJECT NAME SEQR DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAN AFFECTED: E. WILL PROPOSBD ACT;ON COMPLY WITH EXISTING ZeN!NO OR OTHER EXISTING LAND USE RESTRICTIONS? [] Park,'ForesUO~en sOace [] Other 10. DOES ACTION iNVOLVE A PERMIT APPROVAL. OR FUNDING. NOW Off ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL 11. GOES ANY ASPECT OF THE ACTh~N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. ASh RESULT QF PROPOSED ACT[ON WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE EEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete trte I Coastal Assessment Form before proceeding with this assessment I OVER 1 *(Continued on t-everse s'ide) The N.Y.S. Environmental Quality Review AC~erequires submission · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (a) In order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information COncerning the project and the likely impacts of the action. It is not expected that additional s=udies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. : (d) Environmental Assessmen~ 1. will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? ' __Yes 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? ~No · Yes 6. Will project affect any threatened or endangered· plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .- known to be important to the community? . ___Yes 9. Will project adversely impact any site or struct- ure of historic, pre-hihtoric, or paleontological importance or any site designated as a critical envircumental area by a local agency? .___Yes ..~o 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes <o period or have a major negative effect on the - charact~ of the community or neighborhood? 15. ~s there public controversy concerning the . project? Preparer, s Signature: QUEST!C~AIRE FOR F!LI~'~G WITH YOUR Z.B.A. APPL!CATIO~ A. Please disclose the names of : the owner(s) and any other individuals (and entities) havinq a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) ' B. Is the sUnjec~ premises lisEea on the real estate mar~e~ ~ sale or being shown to prospective buyers? {. } Yes {~} No. (~f ~e_s, pl~a a~h c-ot=y o~f "condit~ns~, of sale.) C. Are there ~y~r~rpo~als tm =hange~rr alter l~nd { } Yes {~ NO D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland ~eas shown on the map s~mi~ted with this application? 3. Is the property bul~d between the wetlands area and the upland building area? 4. If your property contains wetlanGs or pond areas, have you contacted the Office of the ~ Trustees for its dete~ination of jurisdiction? / E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applic~le, state "N.A.") F. Are thee any patios, concrete barriers, ~ulkheads or fe~ which e~Ft ~not ~h~ ~ ~e survey map that you S~mitting? If none exist, please state "none.' G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit.a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at parcel ~_~A~F~ f~,~/~ 2~ and proposed use ~= ~W~~ ~%/~ this AUthOrized Signauure ane Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES ~ The Boo. rd of Trustees of the Town of Sou~hoid. [Added 6-5-84 by L.L. ~No. 6-1984| V;E'FL.-~N'DS ['Amended 8-26-76 by L.L A. ~'iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered wkh. or which border om lying beneath tidal waters, which at mean low ~ide are covered by tidal waters m a maximum de~h of five (5) feet. including but not limited m banks. bogs. salt marsh, swamgs, meadows. ~a~ or o~her Iow lying lands subject ~ tidal action; (2) All banks, bogs. meadows. ~a~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay.' black grass, saltwort, sea lavender. ~11 cord~ass, high bush. cattails, groun~ m~a~nlIow ~d (3) All ~d immediate~ ~jacent ~ a t}dal W~land ~ defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: ' (1) "Freshwater Wedands" as defined in Article 24. Ti- tle 1. i 2-i-0107. Subdivisions l{a) to l(d) inclusive. of thc Environmental Conserva:ion L~w of the S~te of New York: and (2) All land immediately adjacent m a"freshwater wet- land." as defined m Subsecnon B(1) and lying wkh- m seventy.five (75) fee~ la,dward of the mos~ land- ward edge of a fresnwa:er 9705 . -% THE DREYFUS CORPORATION June 23, 1993 To W~nom It May Concern; This letter is concerning the property at 420 Skippers Lane in Orient, New York. The property is owned by the undersigned, Kelly McDermott. I am writing to verify that Paul McDermott has full authorization to act on my behalf in any and all matters regarding this property. I mean for him to have absolute power and discretion to act as he sees fit in any legal or regulatory matters. This includes application for any permits or variances, etc. as he deems necessary. I thank you for your cooperation in this matter. Sincerely, Kelly McDermott MANAGERS OF THE DREYFUS GROUP OF MUTUAL INVESTMENT FUNDS 200 PARK AVENUE, NEW YORK, N,Y. 10166fFELEPHONE: (212) 922-6000/DOM TELEX: 148373/INT'L TELEX: 620393/CABLE: DRYFUND NEW YORK FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22132 Date JANUARY 29~ 1993 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 420 SKIPPERS LA & 1000 OYSTER POND LA. ORIENT~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 24 Block 1 Lot 8 subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9r 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-22132 dated JANUARY 29r 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY ONE CAR GARAGE WITH STORAGE SHED ATTACHED * The certificate is issued to ESTATE OF A. HARRY SCHNURR (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/81 LOCATION: SUBDIVISION NA~E OF OWNER (s) OCCUPANCY A-l (type) ADHIi-I'~O BY:. SUSAN MAI)IGAN K~Y AVAILABLE SOURCE OF P~QU~ST: gILDING DEPAR~'MENT TOWN OF SOU~IOLD HOUSING CODE INSPECTION REPORT 420 Skippers Lane & I000 Oyster Pond Lane (nu~n--~er & street) MAP NO'. Orient ,' N.Y. (municipality LOT (s) ESTATE OF A. HARRY SCHNURR : (owner-tenant) ACCOHPANIED BY: SAI~ SUFF. CO. TAX HAP NO. I000-24-01-8 WILLIAM PRICE, ATTY DATE: JAN. 21, 1993 DWELLING: TY~E OF CONSTRUCTION WOOD FRAM~ ~ STORIES ] & 2 ~ EXITS 4 FOUNDATION CONCRETE CELLAR PARTIAL CRANL SPACE TOTAL ROOMS: IST ~LR. 4 2ND FLR. 3 3RD FLR. BATHROOM (s) ONE FULL TOII~T ROOM (s) UTILITY ROOM PORCH TYPE ,ENCLOSED DECK, I¥~E PATIO, II~i BREEZEWAY FIREPLACE NO GARAGE DOMESTIC HOT~ATER YES. TYPE HEATER LILCO GAS AIRCONDITIONING TYPE HEAT OIL WAP~iAIR XX HOT~ATER OTHER:' PANTRY OFF KITCHEN ACCESSORY STROCTUHES: GARAGE, TYPE OF CONST. S~IM14ING POOL OTIIE R: ! CAR WODD F~. STORAGE, TIFE CONST. WOOD ATTACHED TO GARAGE (EA~ SRA~E ) · GUEST, TYPE CONST. VIOLATIONS: CHAPTER 45 N.Y. STATE DIqlFORH FIRE PREVENTION & 'BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: (;lRy~/F DATE ON INSPECTION JAN. 25, 1993 TINE START 9:45 END 10:l0 TH~ ~D~ made ~e ~ q day of ~ ~ , n~ete~ hundred ~d ninety three Eleanore Altman c/o John C. Fisher, Esq. 845 3rd Ave., New York, NY 10022 as ~ecutor of ~e ~t ~ ~d t~ent of , late A. Harry Schnurr who ~edon the 25Lh day of July , ~neteen h~ed and nineEy ~wo party of the first part, ~d Kelly ~cDermoLL New York, NY 10014 pa~y of the s~ond p~, w~r~r~, that the party of the first part, to whom ~/~ ~ ~ letters testamentary were issued by the. Surrogate's Court, N~w YOrk County, New York on OcLob~r 5 ~ 1992 and by virtue of the power and authority given in and by said l~t will and testmnent, and/or by A~icle ll of the Estates, Powers and Trusts ~w, and in consideration of One h~ndred and ~hir~y five Lhousand ($135,000) dollars, paid by the pa~y of the second part, does hereby grant release unto the party of the second part, the distributees or successors and assigns of the party of the s~ond part forever, ~ that ce~ain plot, piece or parcel of land, wi~ the b~ldi~s ~d improv~ents ther~ erected, sit~te, ~ lying and being in the '..~'~ .~ Village of Oriont, Town of Southold, County of 8~folk anti State '"~'"';' ;' New York, bounded and described as follows: ~.~ ..... B~GIS~I~G at the corner formed by the ~n~orsect~on of tho.northorly aido of Stero Stroot {Skippors Bane) w~th tho wos~erly side 3yster Pond8 ~ane~ ~C, 61~'0% RUNNING THENCE along the northerly side of State Street North 63 ~egrees 59' 50" West, 66.27 feet to land now or formerly of D~/.0~,00 Seorge H. Cibell; RUNNING THENCE North 27 degrees 18' 10" East, 130.05 feet; RUNNING THENCE South 63 degrees 36' 00" East, 68.33 feet to the westerly side of Oyster Ponds Lane; RUNNING THENCE along th~ westerly side of Oyster Ponds Lane South 28 degrees 13' 00" West, 129.64 feet to the corner of aforesaid ~ the poinL or place of BEGINNING. j,j% ~'~ BEI,]G the same property conveyed to A. Earry Schnurr by Seed from ~ Richard A. Delos, dated October 7, 1966 and recorded October 27, 1966 in Liber 6058 Page 307. ~,~ TOGETHER with ~ right, title ~d interest, ~ ~y, of the par~ of the ~rst pa~ in and ~o any stree~ and ' roads a~uttln~ the above described premiss to the center Iines lhereof; TOGETHER with the a~pu~enanc~ the ~tate therein, which ~e ~rty of the first part ~s or h~ power to convey~or dls~se of, whether individ- ually, or by vi~ue of said will or othe~ise; TO HAVE AND TO HOLD the prmises herein granted unto the party of the second pa~, the ~stributees or successors ~d assigns of ~e par~ of ~e second pa~ forever. 'AND the pa~y of the first part covenants that the pa~y of the fir~ part h~ not done or su~ered anyt~ng whereby the said premis~ have been incumbered in any way whatever, exc~t as afor~aid. Subj~t to the trust fund provisions of s~tion ~irteen of the ~en Law. The word "party" shall be comtrued as if it r~d "pa~ies" whenever the sense of ~is indenture m requires. ~ W~ ~F~ ~e par~ of the ~st part ~s duly ~ecuted this deed ~e ~y ~d ymr first a~ve written. STATS OF NEW YORK, COUNTy OF /(,/~'~ t/O/~ SS; Onthe o~C/~day o/ -,/~,ou,9,,~ x/-- 19 $'~J,/be/ore me personally came Eleanore Altman to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that sheexecuted the same. ~c. ~S~E~ Notary Public, State of New York No. ?_4.6310501 Qualified in Kings County Commission Expires November 30, 19qt'] STAI~ OF NEldV YORK, COUNTy OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that .he resides at No. that he is the ; oi , 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 oi the board oi directors o{ said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY 01~ On the day of personally came 19 , be/ore me to me known to be the individual described in and who executed the foregoi~ instrument, and a~.knowledged that executed the same. STATS OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the [oregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witne.ss th~.reto. TITLE NO. ~x.utor's ~ztb A. Harry Schnurr TO Kelly McDermott S,~CTION 0 2 4.0 0 BLOCK 01.00 008.000 LOT Orient, Southold, Suffolk COUNTY OR TOWN STREET~m~SS Skippers Lane Recorded At Request of ]'he T~lle Guaramee Company RI~TURN BY MAIL TO: Dhtrilmt,d by gTITL~ GUARANTEE- NEWYORK A TICOR COMPLY WILLIAM H. PRICE, ESQ. P.O. Box 2065 828 Front Street Greenport, NY 11944 Zip No. R-80 ' R-200 R-20 · , .... I (~) COUNTY OF SUFFOtK m".mSOUTHOLD I "~:~- d~-~ ...... --7 Real Properly tax Service Agency ! ...... 024 BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: -~ : ~is zhe~tention of the undersigned tn petition the Board of Appeals of the Town of 5outhotd to req~st~a~Varia_~.~)~pecial ExcePtion)(Special Per rnit Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: (_O~.~c~e ~o~- ~/~ - ~-O/--O~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b'~ such Petition, the undersigned will request the following relief: ~'KCC-~,::~ /--O~- $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by thc under- signed are Article ~ZIZ~ .. Section /d~O .-.~wa~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold New York and you ma), then and there exap~ine 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 Bdard 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 Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Pos~ Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~AM~ L~O.~,A~f~ +/v3..4,.~ PROOF OF MAILIN(';, OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 650 612 602 Certified Mail Receipt No Insurance Coverage Provided ~ Do not use for International Mail STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: d~,~Z'?~' ~/ ,//~2~-~ 0 being duly sworn, deposes and says that on the ~ day of L-7-C~/~&? ,19 ~'~> , 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 ~')~7:;r~ ?0 ~';T-~ ;that said Notices were mailed to each of said persons by (certified) Sworn to before me this day of ~c~_~ Notary Public LINDA J. CO0~fP~R~ Yo~ Notary Public, State bfew ~,, No. 4822563. Suffolk County Term Expires December 31,19 (This side does not have to be complet'ed on form transmitted to adjoining property owners.)