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HomeMy WebLinkAbout4108 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4108. Application of DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. WHEREAS, a public hearing was held on June 4, 1992, at which time all those desiring to be heard were heard and their testimony recorded; and WJEREAS, 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. REQUEST FOR CONSIDERATION: By this application, a Special Exception is requested for a "Bed and Breakfast" establishment, accessory to the applicants/owners' residence and occupancy, for the rental of two bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family dwelling use of the existing dwelling as provided for by Article III, Section 100-30B(16) of the Zoning Code. 2. SITE LOCATION: The premises in question is located along the south side of the Main Road in the Hamlet and Town of 'Page 2 - Appl. No. 4108 Matter of DANIEL & PAMELA TUTHILL June 4, 1992 Regular Meeting Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 11. 3. LAND & BUILDINGS: The subject premises is improved with a principal two-story (single-family) dwelling structure, and separate accessory building located in the rear yard area. The dwelling structure is shown to be set back 43-1/2 feet from the front property line along County Route 48 and 83+- feet from the easterly property line along Carroll Avenue. The subject premises is a corner lot with an existing driveway from each Carroll Avenue and the County Road. At least six (6) parking spaces having a size of 9' x 19' are to be located on the premises (near the accessory barn structdure). (See sketch provided by the applicants.) 4. PERMITTED ZONE: This property is presently located in the "R-40" Residential and Agricultural Zoning District and has an area of approximately 1.386 acres. The only principal use of the premises is for single-family dwelling use, which will not change by the grant of this Special Exception for an accessory "Bed and Breakfast Use." 5. USE STATUS: Certificate of Occupancy No. Z10871 dated February 5, 1982 has been submitted for the record showing that a private one-family dwelling and wooden barn accessory structure have existed since prior to April 23, 1957 (the date of the enactment of zoning in Southold Town). The certificate was issued to Gerard M. Lang and Marilyn K. Lang, his wife (owners from 1973 to 1982). 6. GENERAL STANDARDS: In considering the standards set under Article XXVI, Section 100-263, the Board finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of legally established uses of adjacent properties or of properties in adjacent use districts; (2) this accessory use will not adversely affect the safety, health, welfare, comfort, convenience, or order of the Town; (3) the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; and (4) that the subject building is readily accessible for fire and police protection having direct access along a major highway and a major town road. Additionally, the Board has also considered Section 100-264, subsections (a) through (p) of the Zoning Code. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Villa, it was 4 'Page 3 - Appl. No. 4108 Matter of DANIEL & PAMELA TUTHILL June 4, 1992 Regular Meeting RESOLVED, to GRANT a Special Exception for an Accessory Bed and Breakfast Use in accordance with the requirements of Article III, Section 100-30B(15) {from Article IIIA, Section 100-30A.2-A} of the Zoning Code as applied in the Matter of the Application of JOHN H. and GAYLE BIRKMIER under Application No. 4043, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum of six (6) parking spaces, as applied; 2. No accessory apartment shall be permitted (per Local Law No. 3-1989). {It should be noted that there shall be no selling of retail goods, and there must be "owner-occupancy," i.e. the owner must occupy same as his/her residence}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk Town Clerk Town of Soutkold ] APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before one SOUTHOL~ TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located ~n the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal. under Article Page 3 - Legal Not~ Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Request to ~.end Varian~ t~ loca~ ~¥_tennis court __ partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETT~ HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Secti~-100-33 f~r small acc~ss~-V shed in t.%e front yard. ~T~his parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article Page 5 - Legal Notl~ Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4~5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 - Legal NotiW Hearings for June 4, 1992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. ~000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the_Bui!~ing Inspector, a~ amended, under Article III, Sec~ti~n - -- 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The located in the Agricultural-Conservation contains a total area of 40,000 sq. ft. subject parcel is (A-C) Zone District and Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place .~ar any and all persons or representatives desiring to be heare 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. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IIClIVID MAY.X B.. . TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Application No. Date Filed: '(Residence, Housd No. - (Hamlet,'State, Zip Code, Telephone Number) and Street) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTI~o.~/~ , SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. ~AI~zE£ ~ p~ fq¢_L~ .__ --~(d~-~iL~ is(are) the owner(s) of property known and referred to as ~d~ "~ ~/ - i~.(~q'~?/~ (House No., S[feet, Hamlet) identified on the Suffolk County Tax Maps as District 1000, SectionO~, Block~J. Lot(s) ~11/ , which is not (is) on a subdivision Map (Filed --', "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ,/)}~ ~ ~'~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned [~] i.s c~nsi~¢nt with the use(s) described in the Certificate of O~cupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: ~_~2~. j Sworn to before me this /~ -K~day of //C.~ , 19.72~. (Notary Public) Notary Publio, ~tate d Niw Yo~ No. 4926847 ZB2 (rev, 2/6/86) OuallfledlnSuffolkCo~ Commission Expir~ Julte 20, and FOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (we), Application No. (-~l ~ ~ Date Filed: ' ' (Residence, House No. and Street) It / Hamlet, State, Zip Code, Teleph6ne Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE /,-*o , SECTION ~//~ , SUBSECTION / for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. J)c~i~i '~' ~ ~ £~ l~f~( is(are) the owner(s) of property known and referred ~o~a~ (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ~ Block O~.m~ Lot(s) 0// , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ? ~/~.~t~A / ~/~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned / [ ~] J.s cQnsi~ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this /~ day of ZB2 (rev. 2/6/86) _ and OTOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. FI. JO ~ Date Filed: (Residence, House No. and Street) - lele one I~uml)~-Yte'~,~-~p~-ode/Y'?ph'//}"?~'e6) %~/'{' ' -~'~/JFOF~/ (Hamlet, hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE /c),) , SECTION _-l//3 , SUBSECTION /~'~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): f A. Statement of Ownership and Interest. ~ ~___~q · Y ~ ___~___/~ ~__ ' _~' qwner ' c~t~_z.~_ 'F-'~L~-k~(_~ ~ S (are) the ks) of property known and reterred to as ~.~ ~) . /<~ ~ l~w~vt~_~..~ (House No.~ Street, Hamlet) ' identified on the Suffolk County Tax Maps as District 1000, Section 27~ BlockJ~.O~, Lot(s) ~// , which is not (is) on a subdivision Map (Filed "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ~F,-~C~ / B. The applicant alleges that the approval of this exception would be ~n/harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned [ ~ ~.s cansi~¢nt with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) Tsi~natu e) ~ Sworn to before me this /~r~ day of ~ , 19~-. (Notary Public) ~ Ftotaq' Public, State of New York ZB2 (rev. 2/6/86) ~ ~l~ms~ ~ and // TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET '2 "2.(Tq"'K,~ VILLAGE SUB. LOT ~ND , IMP. TOTAL DATE REMARKS ..~. _ ~) ,, , 200 ~ o o o ~, AGE BUILDING CONDITION L' 10817 P- NEW NOP. MAL FARM Acre Tillable i ' Tillable 2 Tillable 3 Woodland Swampland Brushland Plot BELOW ABOVE Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Bldg. llxtension j:xtenslon i~xtension )arch )orch Breezeway ~arage Potio o. B! ~,o0 Foundation ~ ~Z. Both Floors Basement Ext. Wails ~F~'re Place Type Roof Recreation Roan Dormer Driveway Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ inette LR. DR. FIN. B. ~ i _ ~- DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAf f NEY SUffOlk COUNTY execuTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING June 18, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Tsavaris, George & Sue ~Towan/Arcas uthill, David & Pamela Brim, John G. & Maria Elena Hintze, Henry & Betty 4080 4101 4108 4111 4112 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. NEW YORK I 1788 · (5 I 6) 8§3-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: __Variance from the Zoning Code, Article , Section xx Variance from Determination of Southold Town Building Inspector Special Exception, Article III , Section 100-30B(16) __Special Permit Appeal No: Applicant: Daniel & Pamela Tuthill Location of4~ected Land: 32660 CR 48 & Carroll Ave~, County Tax Map Item No.: lO00-74-3-11 Within 500 feet of: Peconic, NY XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission to Breakfast Use". establish a "Bed and Copies of Town file and related documents enclosed for your review. Dated: June 9, 1992 APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 June 8, 1992 Mr. and Mrs. Daniel Tuthill P.O. Box 139 Peconic, NY 11958 Re: Appl. No. 4108 - Accessory Bed and Breakfast Dear Mr. and Mrs. Tuthill: Please find attached a copy of the determination rendered at our June 4, concerning the above application. Board's findings and 1992 Regular Meeting Please be sure to return to the Building Inspector for issuance of an appropriate Certificate of Use or Occupancy (or Building Permit for certain structural renovations, if any) before adding the Bed and Breakfast use. Copies of this determination have been forwarded to the Building Department for their permanent records, and to the Suffolk County Department of Planning as required under the Administrative Code of Suffolk County (which governs projects within 500 feet of a state or county road). Should you have any questions, please feel free to call us. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 4 Public Hearing Southold ZBA 6/4/92 Appeal # 4108 Applicant(s): Daniel and Pamela Tuthill Location of Property: 32660 County Route 48, Peconic, NY County Tax Map No.: 1000-74-3-11 The Chairman opened the hearing at 7:40 p.m. and Read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: We again have a sketch, it is not a sketch, it is a copy of a survey from Roderiek VanTuyl P.C. dated January 31, 1984, indicating a rather large two-story frame home, very stately on the corner of County Road 48 and Carroll Avenue. The nature of this application based upon a sketch placed in the file and appears based upon this one (1) bedroom downstairs is to be utilized. And appears one (1) bedroom upstairs is to be utilized. Are the Tuthills here? How do you do. Is there anything you would like to add to the hearing? MRS. PAMELA TUTHILL: on the application. Not really. I mean it is pretty well stated CHAIRMAN GOEHRINGER: Okay. Is there any reason why you chose one (1) bedroom upstairs and one (1) bedroom downstairs. MRS. TUTHILL: It is the layout of the house. CHAIRMAN GOEHRINGER: I should point out to you, we normally inspect the interior of the houses, but this was a relatively low impact speeiai permit in reference to the size of the house, so that was one of the reasons why we did not come over. The Board still could have an interest in looking at it based upon any information we might accept or reject at the hearing here, so, we still could be knocking on your door, okay. Thank you very much. MRS. TUTHILL: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members. MEMBER VILLA: Yea, is it defin±tely just two (2) bedrooms? CHAIRMAN GOEHRINGER: That is what it shows here. MEMBER VILLA: It is hard to say from the sketch. Page 5 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: Assuming the house is positioned in the same direction that we are sitting on the corner Carroll Road, it appears to be the south east corner bedroom and then upstairs is the south west corner, more or less, right? MRS. TUTHILL: Yes. CHAIRMAN GOEHRINGER: And that is it. MRS. TUTHILL: Yes. CHAIRMAN GOEHRINGER: Okay. Okay Bob. MEMBER VILLA: Yea, I just wanted clarification. CHAIRMAN GOEHRINGER: Hearing no further comment, I will make a motion closing the hearing, reserving decision until later. End of hearing. Lorraine A. Miller (Transcribed by tapes record 6/4/92) / / 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1--PROJECT INFORMATION (To be comntetc. ;'/ AD~licant er Proiect sDonsor) SECR 9. WHATIS RESENT LAN...~0D USE ~ntlal IN VICINITY OF PROJEOT? . I ~ Industrial {--~ Commercial ~Agrlculture ~ Par~Foresl/O~en s~ace ~ Othe~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete me j Coastal Assessment Form before procoeding with this assessment i ~Y 2. Z J~J2 OVER 1 (Continued on reverse si-cl~-) Z_A U ~'~ C~ z,/t ,GS , / LZyZ ~r& /?h ? / ~:ZR E P/., 0 cie 7'0 F:,~o~vT -->po ~__,~, . ! 'T/,,v / O ~,c-'D,¢... o o BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 4, 1992, com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. 1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Du2. 7:35 p.m. AppL No. 4108- ANIEL AND PAMELA THILL. Special Exception to the Zoning Ordinance~ Arti- cle Ill, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use~' in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of not. f? more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot ama of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, LOt No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101- JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. fi. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5.7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- sessory tennis court partly in the..-~ front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Ar- ticle II1, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+ acres in this R~I20 Zone District. 6. 8:00 p.m. Appl. No. 4105- JOHN J. FIORE. A variance is requested under Article III, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- ' perry: 3100 Cedar Beach Road (and the wester~side of Sunse Way) at Bayview, Southold, N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100-244B for permission to con- struct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article 111, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500± sq. ft. and is located in the R-80 Zone District. Location of pro~/ perry: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-53-1- 15. 8. 8:10 p.m. Appl. No. 4106- LAWRENCE p. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot ama of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGI. A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels con- tains a total ara of 25,135 ± sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. I, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, ~ection 100-239.4 for permission to construct addition within 75 feet of the existing . bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Fond Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. II. 8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for ap- proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 · a~luaview Avenue, East Marion, N.Y.; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation re~ulting from the October I1, 1992 Notice of Disapproval from the Building Inspector, as amended, under Article llI, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y.; County Tax Map Parcel No. I000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRINGER CHAIRMAN -By: Linda Kowalski ' '~ '~ · IX-5/28/92(81) COUNTY OF SUFF~)LK S'I'A'I'i~. OF N[:"i IRK Patricia Wood,' being duly sworn, says that she is Editor, of THE LONG ISLAND TRAVELER-WATCNM/' a public newspaper printed at Southold, in Suffolk Coun and that the notice of which the annexed is a printed co h.n; hcen .l~ul)li~hcd in said I_ong Island 'l'r:~velcr. Watchn once each week ~or successively, commencing on the ................... Sworn h~ her(~r¢ mc Ihis ~.__-z:~ .. .................... Notary Public BARBARA A. SCHNEID NOTARY PUBLIC, St'~te ol N~ Ne. 4806846 qualilied in Sullolk Cot)~ Commission Expires o°/Z APPEALS BOARD MEMBERS Gerard P. Goehringer, ChairmancharleSserge Doyen,Grig°niS'jr.Jr' es Dinizio, Jr. Robert A. 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 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 (5 t 6) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk May 18, 1992 Special Exception Applic. No. 4108 - DANIEL & PAMELA TUTHILL Transmitted herewith is Special Exception Application No. 4108 - DANIEL & PAMELA TUTHILL together with the Notice to Adjacent Property Owners, a copy of the Certificate of Occupancy, the Zoning Board of Appeals' Questionnaire, a copy of the deed, the Short Environmental Assessment Form, a copy of the Survey Map, and a copy of the Floor Plan. Judith T. Terry Town Clerk 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 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION June 4, 1992 Appeal No. 4108 Project Name: Daniel & Pamela Tuthill County Tax Map No. 1000- 73-3-11 Location of Project: 32660 CR48 and Carroll Ave., Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to establish a "Bed and Breakfast" 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written coments by your agency to be submitted with the next 20 days. ~o} this Board has taken jurisdiction as Lead Agency, has deemed this Boar f Appeals application to be an Unlisted SEQRAAction, 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 application 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 of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by 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 .contaut the Office of the Board of Appeals, Town Hall, Main.Road, Southoid, NY 11971 at (516) 765-1809. FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Occupancy Date ...... ~9~Eq0rY..~ .............. ,19~?. THIS CERTIFIES that the bgildinga ............................................... 2155 Carroll Ave. Location of Property ,ou~'. 3 3 ..~:QO~vo. ............ ¢ p.u, rl ~y. A~aU.st~t3.~ .............. 7.~.q 9p.~.q...Ham/et County Tax Map No. 1000 Sectmn .Q'/~ ........ Block . .Q 3 ........... Lot... ~ J .~ ........... X ~ Fried Map No ~C Lot No ~( Subdivision ....... Requirements for a private one-family dwelling built conforms substantially to the Appliea~ion-f~ .Building nnenni~ onetc'~e~'ote= Fled-in-this C~rt;ificate of Occupancy pr. ~..or..~9. ~.Rr. ~.~t..~.., 19,5.7 pursuant to which'BuiidingPerntit-No ......... .Z.1.0.8. ?.1 ...... dated ... F.e.b.r. Ui~.r.X.. 5 ...... i ...... 19.8.~:, 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 ......... The certificate is issued to ...... .G.e..r.a.r.d...It:..L.a..nc..&...h.i.a..w..J..f.e. ~..N.a.r.J:. 2. yp..K.: ........ (owner.vj~:A~ ~tr, tt~ of the aforesaid building. Suffolk County Department of Health Approval ......... n. (.r .............................. UNDERWRITERS CERTIFICATE NO ................. u/r ............................ .. Building Inspector 1/81 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for ~ sal~r being shown to prospective buyers? { } Yes {~-'} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there gny proposals to change or alter land contours? { } Yes {b'INo De 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? - 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of 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 applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ,l~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~3 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel l~,.~c ~cc_~ and propose~ use A~thorized Signature and ~ate J 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_L.L. No. 6-1985]: -!'~ "~ ' ~T ~DAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flate and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as 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 wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~ 2.2s- ss The N.Y.S. Enviro'nmental Quali~y Review Act requires submission of this form, and an enviro'nmental review will be n.ade by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently.available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant· (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es ~ ~NO Will there be a major change to any unique or unusual land form on the site? Yes ViNo 3. Will project alter or have a large effect on an existing body of water? Yes ~o 4. Will project have a potentially large impact on groundwater quality? Yes .~/No 5. Will project significantly effect drainage flow on adjacent sites? Yes ~/No Will project affect any threatened or endangered plant or animal species? ___Yes 7. Will project result in a major adverse effect on air quality? Yes ~,,~No 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 10. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local agency? Will project have a major effect on existing or future recreational opportunities? Yes No Yes v~No ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes 12. 13. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Will project have any impact on public health or safety? Yes v'No Yes ~?No 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 period or have a major negative effect on the character of the community or neighborhood? Yes w'No 15. Preparer's Signature: Representing: ZBA ~/75 Is there public controversy concerning the project? ; ,'~i~-.~ ~_~ -~ : ~,c Date: Yes ~'/ No Form 8002*4-88-20[4--nargMn ani ne~d, with Covenant sgalast Gr&ntor'8 Acts--lndlvimr Corporation. (sinsle alteet) BE SIGNING THIS INSTRUMENT--THIS INSTRU T SHOULD BE USm BY ~WYERS ONLY, CO~S~h~,Y~UR ~WYER JANUARY~'u i, n~t~n hundred and 89 ~D~madcthe ~3~ ~yoi . , 3~E~B',:,g~OERS0~ res~dm~/a~ 331 ~or~h 0onnelly S~rbet, ~oun~ Oora, Florida and ~I~C~ET C~L~0, residin9 a~ 331 ~°rLh Oonnelly ~ounL Dora, Florida, party oithe first part, and DANIEL TUTHILL and ?^NEL^ TUTHILL, his wife, both residin9 at 4200 ¥oungs avenue, Southold, New York, District: /coo Section: Block: 03 O0 Lot: Ot/O00 party of the second part, WITNF...~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of t.he sec.on.d pa:~tdo~¢ thh~r~bccYogn~a;~tnido[eC~ar~e unto the party of the second part, the heirs or successors and assigns ot the p y ALL that certain plot, piece or parcel o£ land, with the buildings and improvements thereon erected, situate, lying and being iu the at Peconic Town of Southold County of Suffolk and State of New York bounded and described as follows BEGINNING at a point on the southwesterly side of Carroll Avenue at the extreme end of a line which connects the southwesterly side of Carroll Avenue with the southeasterly side of Middle Road (C.R. 48) formerly known as North Road Running Thence South 40 degrees 23 minutes 30 seconds East along the southwesterly side of Carrol Avenue 252.03 feet to a concrete monument and ].ands now or formerly of Hariston Thence South 47 degrees 00 minutes 40 seconds West along said last mentioned lands 227.29 feet to land now or formerly of Dart Thence North 40 degrees 01 minutes 00 seconds West along asid last mentioned lands and along lands now or formerly of Wolosik 268.06 feet to a concrete monument set on the southeasterly side of Middle Road (C.R. 48) formerly known as North Road Thence North 47 degrees 00 minutes East along the southeasterly side of Middle Road (C.R. 48) formerly known as North Road 203.56 feet to the extreme westerly end of a line which connects the southeasterly side of Middle Road (C.R. 48) formerly known as North Road with the southwesterly side of Carroll Avenue Thence North 83 degrees 56 minutes East along said last mentioned line~ 26.61 feet to the point or place of beginning. BEING and intended to be the same premises as conveyed to the parties of the first part by deed dated March 10 1984 recorded in the Suffolk County Clerk's Office on March 14~ 1984, in Liber 9527 page 361. TOGETIIER with all right, title and interest, if any, ol the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party o£ the second part, the heirs or successors and assigns of the party of tfie second part forever. AND the party of tbe first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND thc party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration £or this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment o[ the cost of the improvement before using any part of the total of the same for .any other purpose. The v¢ord "party" shall be construed as if it read "parties" whe~\ever the sense of this indenture so requires. lb[ WITNF.,~ WHF..RF..OF, the party of the first written. Ii~ PaESENCg-OF: part has duly exec t~d this dee~l~t~F~ and tar first above M S ~ RSON FLORIDA STATE 05 NEW~K~II~K, COUNTY O$ On the Ag ~ day of January 19 89, before me personally came James B. Anderson and Vincent Calvo to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that STATE OF NEW YORK, COUNTY O$ ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY O1: ss: On the day of 19 , before me On the day of 19 before me personally came personally came ' to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the ; sworn, did depose and say that he resides at No. of that he knows ' , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. WllH COVENANT AGAINST GRANTOR'S~?S/ ANDERSON & CALVO TO TUTHILL SECTION BLOCK LOT COUNTY OR TOWN TAX B1LL1NG ADDRESS Recorded At Request off Ticor Title Guarantee Company RETURN BY MAIL TO: TICOR TITLE GUARANTEE MICHAEL HALL, ESQ. Youngs Avenue Southold, New York ~t971 Zip No. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRlS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 20, 1992 Mr. & Mrs. Daniel Tuthill P.O. Box 139 Peconic, NY 11958 Re: Special Exception Application-- Bed and Breakfast Dear Mr. & Mrs. Tuthill: In reviewing your application, the neighbor notice form is not completely filled out. On the enclosed copy of the form, please fill in all the information you sent to your neighbors, including any diagrams. We will keep the original in the file. Without this information your file is considered incomplete. If you have any questions, please don't hesitate to contact this office. Very truly yours, LAM Lorraine A. Miller Enc. R-80 R...,80' R--80, LINE COUNTY OF SUFFOLK t~.~LD Date Doclunents Accepted for Filing: Apl. Fee Reqqired: $ ~- ~p~l. No. ~' Application Incomolete for the Followinq Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date / / ? / / / / / / / ? / / OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / 1 / / / 1 / / / / / 'd BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Sou/hold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That n ~s the mtentmn of tbe undersigned to per,ti'on the Board of Appeals of the Town of Southnld to requesta(Varianc~i(SpeciaIPermit (Other) [circle choice} 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h5 socb Petitioo, the undersigned will request tbe following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by tbe under- signedare /kvtzcle ~ Section ./O0 ?/ J~ [ ] Section 280-A, New York Town Law for approval of access over right(s)~of-way.' 6. That within five da,rs from the date hereof, a written Petition requesting the relief specified above will be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be ~eld on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ,~:A..~/~ ..2-.. Petitioner Owners'Names: Post Office Address [Copy of sketch purposes.] or plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STICK POSTAGE STAMPS T CERTIFIEO MAIL F~, AND CHARGE8 FOR 1. If you want this receipt postmarked, stick the the receipt atlached sad present the article at a (no extra charge) the article, date, delach and retain the receipL and I / ~ 3. It you wedt a re urn receipf, wrile hecmtiliad,n~ ~4_ adjacent to the number. ~::~ ~a. ~ 4. If you want delivery restrict ..... ~' //~ ~ check the app cable bi0cks in ~ ~ 6. Savethisreceiptandpresentitify°umakeinquiry'i%~a V when additional services ar~ desired, and-complete items 'averse side, Failure to do this will prevent this card ADDRESS addressee's address. 2. [] Restricted Delivery Article Number ~. [] Insured COD Always obtain ~nature of addressee or agent end ~ DELIVERED. 8. Addr,l~e~e's Address (ONLYif requd~,l~rand fee paid) DOMESTIC RETURN RECEIP DOMESTIC RETURN RECEIPT postS9e l Fee -- vent this card - jr~ Merchan~ ii ~6L aun~ '~8~ mJO~ Sd / COUNIY UY , being duly sworn, deposes and says that on the V~J~day of /~.~( , 19 C~ , deponent mailed a true copy of the Notice set forth on the re- verse sicie hereof, directed to each of the' a-boys-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 as,~essmen~t roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~e_C~% n I£, .; that said Notices were mailed to each of said pe~sons by ~(registered) mail. Sworn to before me this Notary Public ~NN M. $OITO ' Notary (This side does not have to be completed on form transmitted to adjoining property owners.)