Loading...
HomeMy WebLinkAbout4100APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4100. Upon Application of THOMAS J. MCCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, public hearings were held on May 7, 1992 and June 30, 1992, at which time the applicant and persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for variances under the Southold Town Zoning Ordinance, Article IIIA, Section 100-30A.3 and Bulk Schedule as applies to the R-40 Low-Density Residential Zoning District. 2. The subject premises consists of a total lot area of 18,303.66 sq. ft. and is a corner lot as defined by Section 100-13 of the zoning code, with 84.98 ft. frontage along the north side of King Street and 109.80 ft. along the east side of Fourth Street, near the Hamlet of New Suffolk, Town of Southold. 3. The following historical information and facts concerning the buildings and land are noted for the record: Page 2 - Appl. No. 4100 Application of THOMAS J. McCARTHY Dec~sion Rendered June 30, 1992 (a) Section 100-32A, Bulk and Area Schedule of this R-40 Zone District, provides for a minimum lot area of 40,000 sq. ft. per dwelling and 150 ft. lot width (frontage); (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (1) House #305 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9.5 feet; without a heating system per building inspection report of August 28, 1990. (c) the survey prepared February 28, 1992 by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record. 4. The relief sought by this application are variances for approval of Map/Plan 1, 2 or 3 (slightly different from each other). Plan 2 was chosen as the reference map. The details shown on Plan 2 are as follows: (a) Lot No. 1 - proposed total lot area of 4,113 sq. ft. located at the most southwest corner of the premises {containing House ~305}; P~ge 3 - Appl. No. 4100 Application of THOMAS J. McCARTHY .Decfsion Rendered June 30, 1992 (b) ft. located at House #1270}; Lot No. 2 proposed total lot area of 5,239 sq. the northwest corner of the premises {containing (c) ft. located at a cottage with Lot No. 3 - proposed total area of 5,700.86 sq. the northeast corner of the premises {containing nonconforming livable floor area; (d) Lot No. 4 - proposed total area of 3,250.77 sq. ft. located at the southeast corner of the premises; (e) proposed lot width {frontage} of 62.36 feet along Fourth Street of proposed Lot No. 1; (f) proposed lot width of 47.44 feet along Fourth Street of proposed Lot No. 2, Plan 2. (g) proposed lot width of 15.00 feet along King Street for proposed Lot No. 3 {shown as a flag lot}; (h) proposed lot width of 50.02 feet along King Street for proposed Lot No. 4. 5. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be undesirably changed by the granting of this alternative variance. (b) PRACTICAL DIFFICULTIES the applicant has shown that he would not be able to reasonably use, or aesthetically improve the subject buildings under the zoning restrictions without many variances. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by of a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage P~ge 4 - Appl. No. 4100 Application of THOMAS J. McCARTHY · Decfsion Rendered June 30, 1992 under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - While it is true the percentage of relief in relation to the zoning requirements is substantial, the percentage of relief in relation to the existing nonconformities is not. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the hardship. (d) OTHER FACTORS The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (e) DENIAL OF FOURTH SUBSTANDARD LOT - It is the position of the Board that the fourth unit is "converted garage," more or less. The building is more of a garage type structure than a dwelling when viewing the structural parts and utility system. Permanent heat is questionnable. According to the inspection report of the building department, the building contains no heating system. The entire building is not more than 384 sq. ft., which is probably nothing more than a bathroom and living room. The "converted garage" is less than half the size requirements of the zoning code {850 sq. ft. minimum is required for dwelling occupancy). Should this building be attempted to be brought into conformity with other state fire and construction codes, as well as the zoning size requirements, congestion would be created. The property will, in effect, be over-utilized with a fourth lot and the immediate neighborhood would be adversely affected. (f) NO PRECEDENT - it is the position of the Board that an alternative lot line layout for a maximum of three, instead of four lots as requested, would be more reasonable. A three-lot layout would not set a precedent since the lots would be of a size and shape similar to those generally existing in this immediate neighborhood. The applicant has been advised by Member Villa that the County Health Department may require a relocation of the cesspool and well systems in this subdivision project. The Town has no control over the rules and regulations of the Suffolk County Health Department. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 5 - Appl. No. 4100 Application of THOMAS J. McCARTHY · DeciSion Rendered June 30, 1992 RESOLVED, to DENY the relief as requested for four substandard lots as shown on Survey Plans 1, 2 and 3, prepared by Joseph A. Ingegno dated February 28, 1992, and BE IT FURTHER RESOLVED, to GRANT alternative relief approving a reduced lot area, width and depth, for THREE PARCELS, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. Parcel One, House 9305 (Proposed Lot #1 as shown on Plan ~2) - the southerly front property line commencing from the easterly line of Fourth Street shall be extended to the east 20 feet (84.98 + 15.00 + 5.0 feet) for a total length of 105 feet; the northerly property line shall also be extended, on an angle; this would permit an increase of between 900 and 700+- sq. ft. over the requested 4113.01 sq. ft., more or less; 2. Parcel Two, House #1270 (Proposed Lot #2 as shown on Plan #2) - the southerly side property line of this proposed lot, commencng from the easterly line of Fourth Street shall be extended to the east by an additional 3+- feet for a total length of 103+- feet (instead of 100.27 feet on a tie line); the lot area would be approximately 5,340 sq. ft.; 3. Parcel Three (combined old proposed Lots #3 and a portion of ~4) - the lot width along King Street} shall be 45+- feet; the width at the rear of the premises 50.02 feet as shown; the lot depth 145+- feet; total lot area 6,975+- sq. ft. 4. The north-south lot division line separating Lot 3, from Lots 2 & 1, shall start at a point along King Street 45 feet from the most southeast concrete monument shown on the survey map and shall extend in a northerly direction approximately 110 feet to intersect with the nearest property line at the northerly perimeter of the property {see 90-degree corner angle opposite the "concrete slab" shown on Plan B attached for reference use, if needed}. 5. A final map shall be prepared by the applicant for filing and acceptance with this Department. 6. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots #1, #2, and #3. 7. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it will be necessary and a requirement of this determination is the front building on the proposed alternative Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town Page 6 - Appl. No. 4100 Application of THOMAS J. McCARTHY 'Decision Rendered June 30, 1992 and County Agencies, or within six (6) months of transfer of title to the applicant herein. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk GERARD/P. GOEHRINGER, CHA*~RMAN / RECEIVED AND FILED BY ~-m SOUr~O~D ~'om~ cm~ 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 NOTICE OF HEARINGS 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 the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 7, 1992 commencing at the times specified below: 1. 7:34 p.m. Appl. No. 4102 - ROBERT AND ELEONORE CARILL. This is an Appeal of the April 22, 1992 Notice of Disapproval by the Building Inspector for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition with an insufficient front yard setback from the easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is nonconforming as to lot area in this R-40 Zone District. Page 2 - Legal Not~e Hearings for May 7,~992 Southold Town Board of Appeals ~. 7:37 p.m. Applo No. 4098 - TONY AND MARIA KOSTOULAS. This is 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 insufficent setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000- 21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 3. 7:40 p.m. Appl. No. 4103 - WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Appeal for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 (and Article XXIV, Section 100-242A) for permission to construct addition which will increase the degree of nonconformance in the northerly side yard setback. The setback from the northerly property line is less Property: 41155 C.R. Road), Southold, NY; than the required 20 feet. 48 (and the westerly side County Tax Map Parcel No. Location of of Kenny's 1000-59-7-33. This property is nonconforming as to total lot area in this Limited-Business (LB) Zone District. 4. 7:45 p.m. Appl. No. 4100 - THOMAS J. McCARTHY (Contract Vendee) {Owners: Frank Majeski and Others}. This is an Appeal for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each Page 3 - Legal Noti Hearings for May 7, 1992 Southold Town Board of Appeals with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. This property is zoned R-40. 5. 7:55 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. (Continued from the April 2, 1992 hearing). Location of Property: Corner of the Northerly Side of Main Road (Route and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 25) 6. 8:05 p.m. Appl. No. 4080 - GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a.setback at approximately 37 feet from the bluff line. The requirement for all structure under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; County Tax Map Parcel No. 1000-30-2-53. 7. 8:15 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Page 4 - Legal Noti Hearings for May 7, 1992 Southold Town Board of Appeals Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 & 19. 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. For more information, please call 765-1809. Dated: April 24, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on 4/27/92: Mr. and Mrs. Robert Cahill, 35 Greenwood Place, Valley Stream, N~f 11581 Mr. and Mrs. Tony Kostoulas, 221 - 148th St., Whitestone, NY 11357 Mr. Robert T. Bayley, A.I.A., P.O. Box 595, East Marion 11939 Mr. and Mrs. Warren Hufe, 41155 Route 48, Southold, NY 11971 Mr. Thomas J. McCarthy, Box 1266, Southold, NY 11971 Allen M. Smith, Esq., 737 Roanoke Avenue, Box 1240, Riverhead, NY 11901 (Attorney for Metro) Permit Research & Acquisition Co., Inc., 1108 Route 110, Farmingdale, NY 11735 Mr. and Mrs. George Tsavaris, 2170 The Strand, P.O. Box 345, East Marion 11939 Mr. and Mrs. Edward S. Kondak (as requested - oppos.) 2060 The Strand, East Marion 11939 Charles R. Cuddy, Esq., P.O. Box 1547, 180 Old Country Road, Riverhead, NY 11901 (Attorney for LaColla) L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Bulletin Board (in Lobby) Building Department Planning Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 1/80 PLEASE TAKE NOTICE that your application dated ..: .R././ ................... 19 ?..,.,.~.. Location of Property ./.°9..~..G.-. House No. ' ........... County Tax Map No. I000 Section ..... /~.~... Block .... ~ ........ Lot . .~ .......... Subdivision ................. Filed Map No ................. Lot No .... r ............. is returned herewitN and disapproved o~ the Follow~g grounds..~..~~ ..~d..5~ ~.~, . ..~. ~..~~ . ~' . .P 73, .............. ..... .~ ........... ~~...~.. ..... RECEIVED ~ APR 09 ~ TowH OF SOUTHOLI ,.Z:~.:~ ....... TO THE ZONING BOARD OF APPEALS, TOWN OF ~bUIHOL~, N. ~. ~, (w,) ..... ,~.~..~:..~t¢~ o~ ......... ~.:.~.~.~......~.: .............................. Nome of Appellant Street and Number .......... ~.~.s~. ............................................................... ~.~ .............. ,~,~,, ,,~ ,o MunicipaliW State ..~,~.,o. ~o~ ~,~ .o ..................................... .**~;~" ff.~' > .... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. ~o~e';('~p~;~il ................ ..... ~..,.[h .................................. ~ ................. ~ ......................... , ...... Street and Number Municipoli~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~. LOCATION OF THE PROPERTY ....~.~..~...-Iz'.....~.Ci~.(T...'~.I~..'.....I~.'I,-.V~...~.;~.6!.~ ..................................... Street /Hamlet / Use District on Zoning Map District lO00 Sectio. l(2 mock] Lot2 c ..... · ~ner ~uL ~1~' ~r~C Mop No. 'Lot No. P~ior 0wne~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALI~D (Indicate the Article Section, Sub- ~e~c;~Ocnl ~nd. "'"/"~ ~ pa~ra~ rapt~eOcft tihoen' Zoning/0©Ordina~e'b¥- '~ ,~L. ~number' Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (>/~/ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) b{,~_n~Ybeen made with of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance /Inl REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 Iv~AVariance to the Zoning Ordinance is requested for the reason that respect to this decision PLANNING BOARD Form ZBI (Continue on other side) O] V ~..a b ~ il REASON FOR APPEAL i:~ * Continuc~l I. STRICT APPLICATI(~J(~ II'~DRDINANCE would produce I~L~l]l~JlJ'f~r unneces* saw HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Vari,:nce would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because THE STATE OF NEW YORK *'CODF:ITy OF ) ss ...... Sworn to this .............................................. day of. ., OWNER FORMER OWNER'~'r~-~c~. '~ ~I~OPERTY RECORD '" SOUTHOLD 'CARD~ ' STREET N S VILLAGE LOT DISTRICT SUB. ACREAGE TYPE OF BUILDING RES. ~.Z~ LAND AGE SEAS. VL. FARM COMM. I IND. TOTAL DATE BUILDING CONDITION NEW NORMAL BELOW Farm REMARKS Acre Value Per Acre /th/v~ (,~,~ ABOVE Value J CB. J MISC. ,.l~') S. A'll~T.-s¢t /"~ tE. ~'l~'~a-sgi FRONTAGE ON WATER FRONTAGE ON ROAD I Tillable 1 BI:~K~ EAD Ti fable 2 Tillable 3 ' Woodland Swampland Brushland House Plot Total .Est. Mkt. Value i ~ ~_"~. ~,'l~ ~T' . ~/,~ ,,,~undation ~E ~, Bath -~a~ ~ Floors ~tensmn ~C X /~:Z~~ /,~ ~. ~Sement ~ , Extension Ext. WoJls ~ ~,-~A interior Finish Extension Fire Place ~0 ~ ~ Hea~ Breezeway Patio Rooms 2nd Floor O.'B. '00" E LOT 3 12.2' 150.0C DEPARTMENt Of PLANNING county Of SUFFOLk ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTO~ OF PLANNING July 22, 1992 Town of Southold Zoning Board of Appeals Applicant: Thomas J. McCarthy Mun. File No.: 4100 S.C.P.D. File No.: SD-92-9 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Alternative relief appears warranted as set forth. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner h. LEE OENNiSON BUiLDiNG · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE, NEW YORK 1 1788 · {516) 853-5 192 PLANNING BOARD MEMBERS Richard G, Ward, Chairman C~orge Ritchle Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth b. Edwards Telephone (516) 765-1938 SCOTT L. HARRIS Supe~sor Town Hall, 53095 Main Road P. O, Box 1179 Southo]d, New York 11971 PLANNING BOARD OFFICE F~ (516) 765 - ~523 State Environmental Quality Review . :[ NEGATIVE DECLARATION ~ ~ CCE i ..... ~ Notice of Determination Non-Signlficant.li~\i September 13, 1993 I This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#: Minor subdivision for Thomas J. McCarthy 1000-117-7-8 Location: Northeast corner of King Street'and Fourth St. in New Suffolk SEQR Status: Type I ( ) .Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Minor subdivision of 0.42 acre parcel into 3 lots. Ail lots have existing dwellings. Page 2 SEQRA Negative Declaration - Thomas J. McCarthy September 13, 1993 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The project calls for a reduction of the existing density. In addition, the lots are consistent with the' area. The site does not contain any unique natural or human environmental resources. The Planning Board has not received Correspondence.from the Department of Health Services in the allotted time. Therefore, it is assumed that there are not comments or objections from that agency. The Planning Board has not received correspondence from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Thomas.Jorling, DEC Commissioner Judith Terry, Town Clerk Board of Appeals Applicant 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 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 C~mission: XX Variance from the Zoning Code, ArticleIIIA , Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4100 Applica~n~t.:~ Thomas J. McCarthy Location of Affected Land: IL/u Fourth St. & 305 King St., New Suffolk, NY 117-7-8 County Tax Map Item No.: lO00- Within 500 feet of: __'Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) XF 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 Airpor~pproval of Comments: Applicant is requesting ~ox~gy~l<~.x~o insufficient lot area, wsdth and depth of fiarcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Copies of Town file and related documents enclosed Dated: July 14, 1992 for your review. July 24, 1992 Thomas J. McCarthy Box 1266 Southold, NY 11971 Dear Tom: Re: Appeal No. 4100 Please find attached for your records, a copy of correspondence from the Suffolk County Department of Planning in response to our referral as provided under teh Administrative Code of Suffolk County for projects located within 500 feet of a state or county highway, park, waterway or its estuaries/firths, etc. Very truly yours, Enc. Lorraine A. Miller 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 \~ July 9, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Thomas McCarthy McCarthy Management P.O. Box 1266 Southold, NY 11971 Re: Appl. No. 4100 (Area Variance Application) Dear Mr. McCarthy: Please find attached a copy determination rendered at our concerning the above application. of the Board's findings and June 30, 1992 Regular Meeting It will be necessary for the applicant to return to the Building Inspector and any other agencies which may have jurisdiction on this project for issuance of appropriate permits. Copies of this determination have been forwarded to the Planning Board and Building Department (and the Suffolk County Department of Planning pursuant to the Administrative Code of Suffolk County which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, etc.). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Page 3 Public Hearing Southold ZBA 6/30/92 APPEAL # 4100 Applicant(s): Thomas J. McCarthy Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY County Tax Map No.: 1000-117-7-8 The Chairman opened the hearing at 7:32 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: This a reconvened meeting from May 7, 1992 from Thomas J. McCarthy, as contract vendee, parcel property down in New Suffolk, which contains four (4) nonconforming houses, or cottages. We will ask Mr. McCarthy if there is anything he would like to add to the record. I know that there was some request that was made of one (1) Board member of you, at the time, and I think you have written a letter back, indicating that something with Suffolk County Health Dept. that you did not want to continue with that, or something of that nature. MR. THOMAS J. McCARTHY: That is correct. What I am looking for is a determination from the Zoning Board, based on a zoing matter, so that I can carry it further to the other Boards, such as the Health Dept. and anything else that is necessary. Basically, it is a matter of economics as well, because of the fees that are associated with them that I would rather not go throw my money away, if it is going to a negative determination from your Board. CHAIRMAN GOEHRINGER: Okay. Let me just ask, do you have any questions Bob on this one? I know you were the one who asked Mr. McCarthy to go to the Health Dept. MEMBER VILLA:Yes, because I think, you know, I know, coming out of the Health Dept., I know that their feelings on density. And here was especially in an area where they are dependant on private wells. And, I feel that the likelihood of Mr. McCarthy getting four (4) lots out of that, is very, very slim. I was hoping that perhaps we would get something from the Health Dept. to guide us. CHAIRMAN GOEHRINGER: As a guide line? MEMBER VILLA: I can't vision them going the four (4) lots down there in my wildest imagination. CHAIRMAN GOEHRINGER: Let me ask you a question Tom. As you know, the nature of this Board sometimes is to grant alternate relief, okay. We are, of couse, in the position of either granting or not granting for granting alternate relief. I very rarely ask this of an applicant but, I will ask you now. Do you want us, in the matter of compromise to grant alternate relief in this, rather than if we cannot come to an agreement with those four (4) individual lots? Page 4 Public Hearing Southold ZBA 6/30/92 MR. McCARTHY: Alternate relief would be certainly something I would be willing to work with the Board on. CHAIRMAN GOEHRINGER: Great. Because as I said, I haven't polled the Board on... This is just the way it ended on May 7th and, you know, we're back again. I know that you are under contract, you are kind of under the gun on this thing. And for the record, I did see Mr. McCarthy in Riverhead at one time, on my way to the barber shop and he did tell me that he wants to get going on this and I can understand his situation. Judge, would you like to say something for the record? It is so nice to see you. JUDGE RAYMOND EDWARDS: Mr. Chairman and members of the Board. My name is Raymond Edwards~ I am brought here as a concerned citizen in the Town of Southold. We have an opportunity here for four (4) houses that would be opened up to the low income portion of the Town, which is very important. And I think the Board should look favorable, favorably on this request. I thank you. CHAIRMAN GOEHRINGER: Thank you sir. We did get one (1) letter today, in opposition, not necessarily from an adjoining property owner and, certainly you are welcomed to look at the letter. I don't think I have a copy of the letter. SECRETARY KOWALSKI: I gave him a copy earlier. CHAIRMAN GOEHRINGER: Oh, you gave him a copy, great. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands ..... Any further questions from any Board members? Just for the record again, Tom, we have four (4) separate, nonconforming buildings, dwellings, okay, with four (4) separate heating systems, no interrelationship to your knowledge of cesspools, they are standing in their own stead on approximate lot lines as drawn in this particular sistuation here. Mr. Dinizio and I did go down ourselves, and I am sure the other Board members went themselves and looked at the property. We are aware of it. I don't have any other, anything to really add for the record, to be honest with you. MR. McCARTHY: The only thing that I would like to add, if I may, I am definitely willing to work with the Board on alternate relief and I would just ask the Board to consider the time frame that I am under, I am contractually bound to perform in some matter, and it would be taking a stab in the dark for me to go further in my contract without some sort of notification from your Board. CHAIRMAN GOEHRINGER: Sure, okay, no problem. MR. McCARTHY: Thank yOU. CHAIRMAN GOEHRINGER: Hearing no further comment, I make a motion closing the hearing, reserving decision until later. Page 5 Public Hearing Southold ZBA 6/30/92 End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 6/30/92.) CHAIRMAN GOEHRINGER: We do have rather a short meeting tonight, the last hearing will take up approximately an hour, but I am with great hope that we will be able to dispose of the majority of the applications that we have tonight. And, I don't know, we may get into a dead lock here, but we will do the best we can for you. COUNTt~ OF SUF~K bio'Cart hy Manao~emeht Box 1266 Southold, NY 11971 May 27 o , , 199, Southold Town Board of Appeals Town Hall Southold, NY 11971 Att: Mr. Goehringer RE: i000-117-7-8 Dear Mr. Goehringer, Thank you for the opporttmjt t to speak at ti~e t'ecent hearing on behalf of' my pr'o.ject ±n New Suffolk. Please allow me to take this opportunity to follow up on a few matters which, I feel, the Board should consider before making its decisioa on my appiicatioa. As I mentioned to your' Bo~*rd '~l the meeting, I am constraints with respect to this applice~tion: Time and Money. I am contractuall~x boun, l to exercise my option the next several weeks. This time zs r'apidi~ slipping which, I am sure, is presented t.~ this Board on man~ applications. It is no less of a fa.'t,,l' ia this instance. Simply put, without tbe requested relief from this Board, this ppo.ject is not economically feasib.le. It does not make gense for me to spend the tbonsands of dollars that the other Boards will req~lire tn additional fees if I do not have a decision in <r'ikine concer.ni~ the matters of zoning over which your Boar-d presides. At this time, I would iil,e t~ r'equest that you reschedule a final heariag for' this ~pp] ica! ion. As you know there are approx al s f~om other agencies ( i.e. Planning Board and Health Depa~'tment) that are necessar> in order for this matter to proceed. The time has now come for final decisions to be made b~ >oar Bo.-trd. i can certainly understand that there are other considerations for other Boards to decide upon, and I will ha~e to deal with each individually, based ,q,on their appropriate .jurisdictions. I am also synlpathetic to the Bo~trd's ~'oncern that it not "box-in" other a<en('ies; with the decision that it will render here. The Board must, [iket, ise, be sympathetic my situation as the applicant. The framework and procedure established b5 law ,irritate.. [hat. f ~,btain tl~e necessary relief from your Board first before pursuing approvals from the Plannin~ Board and Health Department. Common sense dictates this sequence of approvals as well. The Board's concern regarding the [~otential expansion of the existing structures on the subject property is a real one. However there are several other similar structures and condilions present now, and have been present for quite some time in this area of New Suffolk, (evidenced by the density anal,~ sis that I previously presented to the Board). I don't believe that because a property owner has the capacity to ask £oi' a variance in the future, (as every properly owner does) , their enjoyment of the property in it~ present physical layout should be compromised or eliminated. By ~ranting approval of this application, in no way is ~xour Board ojivin~ up the right to govern these properties in the future, as any permit for expansion beyond the exi'.~ting footprint would have to come back in front o[ ~our Board for ai.~proval. In addition, to further alla,~ tl~e Board's concern in this area, as a condition for the ~rant lng of the necessary variances, I would be willing to submit Covenants and Restrictions, in a legall) binding form to be approved by your Board and the Town Attorney, which would prohibit the expansion o[ the e.xisting structures beyond their current foot~,rints. If there are any other concerns ihat I am not aware of, I am open to discussion and wo,~ld be happy to meet with you at your convenie~lce. Thank ~ou ~'or your time and your consideration of this application. Sincerely, Thomas J. McCarthy PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: SCOTT L. HARRIS Supervisor SUBJECT: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman May 13, 1992 Minor Subdivision Thomas McCarthy SCTM# 1000-117-7-8 Thomas McCarthy has presented three different subdivision designs for the above mentioned parcel to the Planning Board. As of this date, however he has not made a formal application for any of them. At present, there are four dwellings on the site. The subject property is 0.4202 acres in size and is located in a R-40 Residential District. Mr. McCarthy proposes to subdivide the property into four lots, in order to locate an existing dwelling on each lot. The Board has reviewed the three plans, and although Plan 3 is favored over the others, the Board has comments and concerns regarding the overall development of the property. In general, the Board is not opposed to the concept of locating individual dwelling units on individual lots. However, in the case of the above mentioned property, we are concerned of the problems that may arise should the ownership be transferred to four separate individuals. A four lot subdivision will allow each owner to improve the site independently of the adjacent properties. This may affect the character of the neighborhood, and may also create problems if the capacity of the wells or sanitary systems must be increased or if they must be re-located. The Board has discussed options other than those shown on Plans 1, 2 and 3 with Mr. McCarthy. These include creating two or three lots rather than the four proposed. In this manner, the potential for overdevelopment of the site will be eliminated. Mr. McCarthy has also been reviewing the option of Thomas McCarthy May 13, 1992 Page 2 rehabilitating the property by participating in the Southold Town Affordable Housing Program. In a memorandum dated December 23, 1991 from Jim McMahon (copy enclosed) possible prices for each unit were put forth. The Board feels that based on the nature of the existing dwellings, the suggested prices set the stage for future improvements that will exceed the limits of the proposed lots. The Board feels that Mr. McCarthy should pursue the Affordable Housing option. However, based on the size, nature and location of the existing dwellings, the creation of four lots, each with the potential for a rehabilitated dwelling, will exceed the development potential of the property. It may make more sense to subdivide the property into 3 lots or into 2 lots, each lot having a principal dwelling and a rental unit. Encl. cc: Thomas McCarthy 1'4AY I 3 1992. ! JAMES C. McMAHON Administrator Telephone (516) 765-1892 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT AGENCY TO: FROM: SUBJECT: DATE: SOUTHOLD PLANNING BOARD JIM MCMAHON, COMMUNITY DEVELOPMENT OFFICE PROPERTY IN NEW SUFFOLK (1000-117-7-8) DECEMBER 23, 1991 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 I have explored several options for the rehabilitation of the above property with Tom McCarthy and Bessie Swann, Director of the North Fork Housing Alliance. I believe the 4 housing units of substandard housing on this property would be enhanced by participation in the Southold Town Affordable Housing Program. Under this scenario, the 4 units would be sold under the guidelines prescribed in the Affordable Housing Code. I would suggest and I believe the market would dictate prices as follows: Unit A $85,000. Unit B $95,000. This unit is an owner occupied rental unit Unit C $70,000. Unit D $70,000. The Town of Southold Community Development Program will provide grants to rehabilitate each unit as follows: Unit A, C, D $20,000 each. Unit B $20,000 for owner occupied first floor, second floor rental unit. $20,000 for '2 7 1991 v SOUTHOLD TOWN_ The target group for this project would be those families fitting the Section 8 Income Guidelines (attached). If you have any suggestions or questions, I am available at your convenience. N/O/F '~ WALTER ~=. & MARY SHIBLEY Og' O0~ E, .I ' ' STREET .,: S.. URVEY OF T,Y SUFFOLK SOUTHoLD. LAND : 0 ~, 117- 07- 08 Saale I' = 20~ ,, 'Feb. '7, IggO AREA = 18,323sq. ft. $ 8~°, N/O/F OF FRYNERR OFF'lCI=' OF' COMMUNITY DEVELOPMF'NT COUNTY OF SUFFOLK PATRICK G. HALPIN MEMORANDUM TO: FROM: DATE: RE: Ail Suffolk County Community Development Consortium Member. s / Barbara Mack, Assistant Director Community Develop~~ Revised Section 8 Income Guidelines Please be advised that effective immediately the Section 8 income guidelines have been revised as follows: NUMBER OF PERSONS LOWER INCOME VERY LOW IN HOUSEHOLDS LIMIT INCOME LIMIT 1 $26,600 $19,100 2 30,400 21,800 3 34,200 24,500 4 38,000 27,250 5 41,050 29,450 6 44,100 31,600 7 47,100 33,800 8 50,150 35,950 BM/ll McCarthy 51anaeement Thomas J. McCarth, P,O. Bom 1266 Southold, NY 11971 Zoning Board of Appeals Southold Town Hall Southold, NY 11971 >ia> 6,1992 To All Board Members, I would greatly appreciate you~ cohsideration of the following data about my application that is before >-our Board. What I am reqnesting is a four lot subdixision in the Village of New Suffolk. I would tike [o make you aware of the benefits of this project. The primar,~ benefit is the creation of several single family housing units from a piece of property that is currentl) the shame of the neighborhood. With the support of >our Board~ these units that are pre-existing and functioni~e independent of one another would provide an opportunit,~ for decent housing at a reasonable cost to residents of the area. Currently these homes are rental units that are in need of repair. As you can well imagine from your xisit to the site, the costs of improxemen~s are substantia], especially for a single owner. With the subdiv~sioll of this site, it is my opinion lbat the xery factors that positive effect in the neighborhood through the pride of ownership, maintenance, and opportul~it) to build equity that these units wonld proxide. I wonld also like to point put thr'ough the I>ages that follow, that the creation of these needed par'cels would in no way exceed the parameters ol h,t size or density that presently exist in the neighborhood. The source of' my data is taken directly from the A~sess,~us Office Property Record Cards and reflect all ct the improved residential parcels of land that are located in District 1000, Section 117, Block 7 - which is the location of the subject parcel. Tile creatioh of these indi~ id~lal lots ~*ottld improve the character of the ¢'ommunit.~ and pro, ide opportunity where none preseatl) exists. It ~,uuid als,_, ct'cate a legal separation of four independent housing units that currently ex~st in a practical manner but fail to show up on the tax map, hence paying a disproportionately low on the tax map, hence paying a disproportionately iow share of the tax burden in the area. It is my opinion that these lines of demarcation exist in Lhe minds of ali passersby and the finalization o1' them would o~ly strengthen the character of the neighborho,.~d. Thank you for your valuable time :md c.arefu] consideration of this application. Thomas J. -~lcCarthy enc. density analysis of plans DENSITY ANILYSIS OF EXISTING I*,IPROVED PARCELS Tax Map ~ Lot Area Bldo~ Area Parc'el Density sq ft sq ft % footpr iht 117-7-2 5000 117-7-3 5000 117-7-4 10201 117-7-5~ 7575 117-7-6 , 6000 117-7-7 ~ 6700 117-7-8 * SUBJECT 117-7-9~' 7592 ]17-7-10~ 2850 117-7-11~ 5353 117-7-12~ 7500 117-7-13 9900 117-7-1,1 3800 117-7-15 :1275 117-7-16 -t750 117-7-17 t750 117-7-18 8250 117-7-19 4950 117-7-20 5500 117-7-21 14300 117-7-22 6120 117-7-23 4000 117-7-24 13500 117-7-25 6500 117-7-26 5050 117-7-27 15150 117-7-28 10000 117-7-29 4750 117-7-30 4750 PARCEL 1191 21 1187 2t 1.t82 15 73t 960 16 1002 15 113 l 65 i 1109 1 1178 473 728 988 1184 751 1092 i163 1564 1106 1289 519 1175 1596 96 -t 718 1320 DENSITY ANALYSIS OF PROPOSED IHPROVED PARCELS LOT ~ LOT AREA BLDG AREA PARCEL DENSITY sq ft sq ft % footprint PLAN 1 1 4314 837 19 2 5999 861 14 3 4886 763 16 4 3104 462 15 PLAN 2 1 4113 837 20 2 5239 861 16 3 5701 763 13 4 3251 462 14 PLAN 3 1 4313 837 19 2 4235 861 20 3 6155 763 12 4 3601 462 t3 pECONIC GREAT JAMES C. McMAHON Administrator Telephone (516) 765-1892 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT AGENCY SCOTF L. HARRIS Supervisor Town Hall, 53095Main Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765-1823 TO: FROM: SUBJECT: DATE: SOUTHOLD PLANNING BOARD JIM MCMAHON, COMMUNITY DEVELOPMENT OFFICE PROPERTY IN NEW SUFFOLK (1000-117-7-8) DECEMBER 23, 1991 I have explored several options for the rehabilitation of the above property with Tom McCarthy and Bessie Swann, Director of the North Fork Housing Alliance. I believe 'the 4 housing units of substandard housing on this property would be enhanced by participation in the Southold Town Affordable Housing Program. Under this scenario, the 4 units would be sold under the guidelines prescribed in the Affordable Housing Code. I would suggest and I believe the market would dictate prices as follows: Unit A $85,000. Unit B $95,000. This unit is an owner occupied rental unit Unit C $70,000. Unit D $70,000. The Town of Southold Community Development Program will provide grants to rehabilitate each unit as follows: floor, Unit A, C, D $20,000 each. Unit B $20,000 for owner occupied first second floor rental unit. $20,000 for The target group for this project would be those families fitting the Section 8 Income Guidelines (attached). If you have any suggestions or questions, I am available at your convenience. OFFICe" OF' COMMUNITY DEVELOPMENT COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK. COUNTY EXECUTIVE MEMORANDUM TO: FROM: DATE: RE: Ail Suffolk County Community Development Consortium Memb~s Barbara Mack, Assistant Director Community Deve May 7, 1991 Revised Section 8 Income Guidelines Please be advised that effective immediately the Section 8 income guidelines have been revised as follows: NUMBER OF PERSONS IN HOUSEHOLDS LOWER INCOME LIMIT VERY LOW INCOME LIMIT 1 $26,600 $19,100 2 30,400 21,800 3 34,200 24,500 4 38,000 27,250 5 41,050 29,450 6 44,100 31,600 7 47,100 33,800 8 50,150 35,950 BM/ll N/O/F '" WALTER ~=. & MARY SHIBLE)' Og' O0~ I · KING ' S TREE T AREA I00.2)" .' = 18,323sq. ft. J .. SURVEY OF T,Y :W SOFFOL K $OUTHOLD . UNTY, N. Y. 07 08 I' - 20' 'Feb. 7, 19gO ,ov'~ 3r99~. [L~/ SOUIHOLO *~OWN McCarthy ManaCement Thomas J. McCarthy P,O, Box 1266 Southold, NY 11971 Zoning Board of Appeals Southold Town Hall Southold, NY 11971 May 6,1992 To All Board Members, I would greatly appreciate yo~ r consideration of the following data about my application that is before your Board. What I am requesting is a four lot subdivision in the Village of New Suffolk. I would like to make you aware of the benefits of this project. The primary benefit is the creation of several single family housin~ units from a piece of property that is currently the shame of the neighborhood. With the support of your Board, these units that are pre-existiag and functioning iadependent of one another would provide an opportunity for decent housing at a reasonable cost to residents of the area. Currently these homes are rentak units that are in need of repair. As you can well imagine from your visit to the site, the costs of improxements are substantial~ especially for a single owner. With tile subdixision of this site, it is my opinion that the very factors that motivate an owner to protect bis investment would create a positive effect in the neighborhood through the pride of' ownership, maintenance, and opportunit> to build equity that these units would provide. I would also like to point out through the pages that follow, that the creation of these needed parcels would in no way exceed the parameters of lot size or density that presently exist in the neighborhood. The source of my data is taken directly from the Assessors Office Property Record Cards and reflect all'of the improved residential parcels of land that are located in Bistrict 1000, Section 117, Block ? - which is the location of the subject parcel. The creation of these individual lots would improve the character of the community and proxide opportunity where none presently exists. It would also create a legal separation of four independent bemusing ,mits that currently exist in a practical manner but fail to show up on the tax map, hence paying a disproportionately low share of the tax burden in the area. It is m) opinion that these lines of demarcation exist in the minds of all passersby and the finalization o[' them would only strengthen the character of the neighborhood. Thank you for your va£uable time and careful consideration of this application. Siacerely, Thomas J. McCarthy eno. density analysis of plans 1,2,3. DENSITY ANALYSIS OF EXISTINg] IMPRFIVED P\RCELS Tax Map ~ Lot Area Bldg A~'ea Parcel Density sq f't sq f't % f'oot pr i ~t 117-7-2 5000 117-7-3 5000 117-7-4 10201 117-7-5 7575 117-7-6 6000 117-7-7 6700 117-7-8 * SUBJECT 117-7-9 7592 117-7-10 2850 117-7-11 5353 117-7-12 7500 117-7-13 9900 117-7-14 3800 117-7-15 4275 117-7-16 4750 117-7-17 4750 117-7-18 8250 117-7-19 3950 117-7-20 5500 117-7-21 1-1300 117-7-22 6120 117-7-23 4000 117-7-24 13500 117-7-25 6500 117-7-26 5050 117-7-27 15150 117-7-28 10000 117-7-29 4750 117-7-30 4750 PARCEL 1191 24 1187 24 1482 15 734 10 960 16 ]002 15 ]133 15 65t 23 1109 21 1612 22 1.178 15 173 12 728 i7 988 21 922 19 1181 751 15 1092 20 1163 8 1561 26 1106 28 1289 10 519 8 1175 23 1596 ll 96.1 10 718 15 1320 28 DENSITY ANALYSIS OF PROPOSED IMPROVED PARCELS LOT # LOT AREA BLDG AREA PARCEL DENSITY sq ft sq ft % footprint PLAN 1 1 4314 837 19 2 5999 861 14 3 4886 763 16 4 3104 462 15 PLAN 2 1 4113 837 20 2 5239 861 16 3 5701 763 13 4 3251 462 14 PLAN 3 1 4313 837 19 2 4235 861 20 3 6155 763 12 4 3601 462 13 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 scoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Ben Orlowski, Jr., Chairman Southold Town Planning Board ATTN: Melissa Jerry Goehringer, Chairman Board of Appeals April 28, 1992 Pending Subdivision Review - Thomas McCarthy /cc, c - 11~-7 ~ The applicant in the above project has confirmed with our office that he has met on a preliminary level with Planning Board members. It is cur understanding that Plan #3 may be preferred by the Planning Board over Plans 1 and 2. If there are areas of concern as it affects the lot line layout under Chapter 106 (Subdivision Regulations), please let us know as soon as possible. We do expect to extend receiving testimony and documentation in the record until on or about May 25, 1992. In the event you are not able to transmit your views in writing by May 25, 1992, please have someone contact Linda or myself directly so that she may keep us informed of the status of this project. Thank you. (The maps on file with our office appear to be the same maps on file with your office, therefore, additional sets have not been transmitted.) lk - - ' NOTICE OF HEARINGS NOTICE IS HEREBY ~N, pursuant to Section 267 of ~wn Law and the Code of the Town of Southold, thc foBowing matters will be held for lmbllc heatings bofom the SOUTHOLD TOWN BOARD OF APPEALS at thc Southold Town Hail, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 30, 1992 commencing at the 7:32 p.m. Appl. No. 4100 convened fr~n May 7, 1992. Matter of the Application ~ll~d~dl~ Varianc~ to the Zoning Ordlnance~ Article IffA, Section 100- 30A.3 for approval of insufficient lot area, width and depth of.parcels pro- posed in this four-lot minor subdivi- sion, each with a preexisting th'/c.l/ing. Location of Pr~erty: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. This p~ap- erty is zened R-40. 7:55 p.m. Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article Iff, Section 100-31 A & B, requesting pe.niasion to change use of a potion of the subject pr~nlses, from residue- rial to non-residentiaL Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenpo~, (abutting properties of RolEstar's Restaurant, Mill Creek Liquors, The Pottery Piece, etc.); County Tax Map Parcel Nos. 1000- 564-24 & 19 (combit~d as one let in common ov~erthip). The Board of Appeals will at the above-noted time and place hear any and all pc.one or representatives desiring to be heard in the above mat- tars. Writtea comments may also be submitted prior to the conclusion of STATE OF NEWq~IK) )SS: COUNTY OF SUFFOLK) said County, being duly sworn, says that be/sha b Principal Clerk of THE SUFFOLK TIMES, II Weekly Newspaper, publbhad at Mattltudr~ in the Town of Soutbeld, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed ~opy, has been regularly published in said Newspaper once each week forl _._=_~_(~.~.~ weeks successively, commencing on the day of Sworn to before me thb dayof "'~ ~,,"~. Principal Clerk ~ ~ I~RISON ~ Public, 8tare of New York Ne. S2,4605~106. Suffolk Count- Commission Expires A~i130, 19 ~_'~-'~ D 0r APPEALS XOWN Or 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 TUESDAY, JUNE 30, 1992, commencing at the times specified below: ~ 7:32 p.m. Appl. No. 4100- Reconvened from May 7, 1992. Matter of the Ap~plication of Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.3 for approval of insuf- ficient lot area, width and depth of parcels proposed in this four- lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suf- folk, NY; County Tax Map Parcel No~ 1000-117-7-8. This 'x~.. property is zoned R-40. 7:55 p.m. Appl. No 4091- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article III, Section 100-31 A & B, requesting per- / mission to change use of a por- tion of the subject premises, from residential to non-I residential2 Location of Proper- ty: North side of Main Road (State Route 25), at Ar- shamomoque near Greenport, (abutting properties of -Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County TOx Map Parcel Nos. 1000-56-4-24 & 19 (combined as one lot in com:~ mon ownership). The Board of Appeals will at the above-noted 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 conclu- sion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: June 15, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-6/18/92(51) COUNTY OF SUFFOLK STATE 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; and that ti~e notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on tl~e .......... ./.~. ......... da of. ................ 19 .~/.~. Notary Public BARBARA A. SCHNEIDER NOT^RY PUliUC, State of New York No. 4806846 Qualified in Suffolk Cou.nty Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DiniTAo, 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 NOTICE OF HEARINGS 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 the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 30, 1992 commencing at the times specified below: 7:32 p.m. Appl. No. 4100 - Reconvened from May 7, 1992. Matter of the Application of THOMAS J. McCARTHY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. This property is zoned R-40. 7:55 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 & 19 (combined as one lot in common ownership). The Board of Appeals will at the above-noted 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. For more information, please call 765-1809. Dated: June 15, 1992. BY ORDER OF THE SOU~OLD TOWN BOAi~D OF ;%PPF~S GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski (End of Publication) Copies to the following on 6/15/92: L.I. Traveler-Watchman, Inc. (by fax transmission) Times-Review, Inc. Mr. Thomas J. McCarthy, Box 1266, Southold, NY 11971 Charles R. Cuddy, Esq., Box 1570, 180 Old Country Road, Riverhead, NY 11901 Copies placed in individual files Copies to individual Board Members Posted on Town Clerk (.Lobby) Bulletin Board 6/15/92 -2- 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 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 OF HEARINGS 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 the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 30, 1992 commencing at the times specified below: 7:32 p.m. Appl. No. 4100 - Reconvened from May 7, 1992. Matter of the Application of THOMAS J. McCARTHY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. This property is zoned R-40. 7:55 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 & 19 (combined as one lot in common ownership). The Board of Appeals will at the above-noted 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. For more information, please call 765-1809. Dated: June 15, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski (End of Publication) Copies to the following on 6/15/92: L.I. Traveler-Watchman, Inc. (by fax transmission) Times-Review, Inc. Mr. Thomas J. McCarthy, Box 1266, Charles R. Cuddy, Esq., Box 1570, Riverhead, NY 11901 Southold, NY 11971 180 Old Country Road, Copies placed in individual files Copies to individual Board Members Posted on Town Clerk (Lobby) Bulletin Board 6/15/92 -2- Page 15 Public Hearing Southold ZBA 5/7/92 Appeal # 4100 Applicant(s): Thomas 3. McCarthy (Contract Vendee) Location of Property: 1270 Fourth Street and 305 King Street New Suffolk, NY County Tax Map No.: 1000-117-7-8 The Chairman opened the hearing at 8:05 p.m. and read the Notice of Hearing and Application for the record. CHAIRMAN GOEHRINGER: We have before us, three (3) plans, three (3) specific site plans from a licensed surveyor and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to represent Mr. McCarthy or is he here. Oh, this is the Mr. McCarthy. How are you? MR. THOMAS J. McCARTHY: Good evening. I would like to present some pictures of the buildings as they exist. They were taken today. These are the four (4) pre-existing buildings and the second group is the buildings that are in the area that are similar and they are quoted on the letter that I submitted for the Board members. I would just Hke to make the Board aware of is that the all four (4) structures on the property are pre-existing, operating independently, not dependent upon each other. And they are very similar to the other properties that are in the area, and New Suffolk has very small lot areas. And on sheets three and four (3 and 4) you will be able to see the entire section of the Town, Section 117 , Block 7, I did an analysis of the total square footage of the existing lots in the area, along with the square footage foot print of the structures that are on those buildings, and the density, the percentages. And if you were to look at the next page, Page 4, Plan 1, Plan 2, and Plan 3, the way they are subdivided, do not exceed either the lower 1/mits of the total square footage of the lots there, that are involved in that section of New Suffolk. And the total building square footages are not the lowest in the area either and the densities conform within the parameters, the lot density for creating these lots, would not be anything higher than what already exists down the neighborhood. When I first saw this piece of property, I rode by and it was my impression that they were four (4) independent pieces, and not until I took a look at the tax map, did I find out they were on one (1) piece of property. And at that point I becam& involved in the property. I feel that maybe a similar condition with anyone else driving by, would see them operating separately and independently, and not seeing them working together. So I think that there is one thing that is left, is to create legally a separation between the four (4) of them. They are legally operating independently right now. And what I would like to do is to improve the, each one of the structures, because they are in rather poor condition right now. To improve them, put some money into the project MR. McCARTHY (eon't): and I believe it will increase the character of Page 16 Public Hearing Southold ZBA 5/7/92 the neighborhood. Because they are currently rental units right now and the present owner doesn't wish to put any money into them and they are falling into a state of disrepair. So I feel that by having a positive motion on this application and it will help the neighborhood because we will be able to put some money into the structures. The neighborhood will look better and it will also provide some housing in the area, that already exists, that will be affordable for some of the younger people in the area. I don't see these structures just by their own existence. The size of them, and the size of the lots garnering a great deal of money. I think that they afford the opportunity to some of the residents of getting a place they can call their own, building up equity in it and perhaps using it as a stepping stone to move onto another house as they move on with their lives and have children and what not. I think it already exists, it is operating legally right now and if we could separate them it might provide opportunity for four (4) people within the Town to have a chance to get a stepping stone move further. CHAIRMAN GOEHRINGER: For the record, we have three (3) C.O.'s on all four (4) buildings. MR. McCARTHY: That is correct. CHAIRMAN GOEHRINGER: Do we have any idea when these dwellings were constructed to the best of your knowledge? MR. McCARTHY: Not really. CHAIRMAN GOEHRINGER: Okay, let us go on the Number l, 2, 3 situation. Number 1--do we have a, I should point out to you that these are all rented as of to date? MR. McCARTHY: Yes they are. CHAIRMAN GOEHRINGER: And that is part of one of the reasons why I didn't walk on the property, other then, I know one of the members had a nice discussion with one of the people there and so on and so forth. Lot # I has a one-story frame house, do we have a basement in this house, is there any type of .... MR. McCARTHY: Which plan are you looking at? CHAIRMAN GOEHRINGER: Well, actuaily they all prodder the same plan, right? They are all Lot 1, 2, 3, and 4, aren't they, yes. Okay, it would be the house closest to King Street actually, Lot #1. MR. McCARTHY: That is a two bedroom ranch and yes, it does have a basement. Page 17 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: Is that the one? That is the one, you have house 1, so will we assume house 1 is lot #17 MR. McCARTHY: Yes it is. CHAIRMAN GOEHRINGER: So Lot il has a full basement, or a partial basement it in. Now Lot # 2 is what? MR. McCARTHY: Two (2) story frame house, looks like a farm house, it also has a partial basement. CHAIRMAN GOEHRINGER: Brick foundation it appears. MR. McCARTHY: Yes. CHAIRMAN GOEHRINGER: Okay. So then we would say that the other two (2) are less stately than the ones we just mentioned. Preferably Lot # 3, which we assume would be this one, is a little wider, it sits in the back. This appears to have a partial block foundation or crawl space. MR. McCARTHY: It is a crawl space. CHAIRMAN GOEHRINGER: Okay. That construction on the side is the carport/garage effect I assume. Right, that we are referring to, that is fairly close to the property line. MR. McCARTHY: Yes it is. It is about a foot off the property line as it exists. CHAIRMAN GOEHRINGER: And the last one, is the very narrow house on Lot # 4, and that appears to have pretty much, not much of a foundation probably. MR. McCARTHY: It's a similar condition to Lot #3 without the garage and shed. CHAIRMAN GOEHRINGER: Now, each one of these have their own separate electric meters, they have their own electric, service is separate to eachhouse? MR.McCARTHY: I believe Lot # 3 and Lot # 4, electric service comes across Lot #4 to Lot # 3. CHAIRMAN GOEHRINGER: On Lot #3, it may come across, but that is only a utility easement, that is not necessarily, it has its own separate meter though right. MR. McCARTHY: I'm not certain about that. Page 18 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: You are not certain about that. I should point out to you that what I would be interested in looking at Page 19 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER (eon't): is going back and looking at house 3 and 4, so whatever you can do, within the next two (2) weeks to set up an appointment, preferably on a Saturday morning alright, and it will be greatly appreciated. Maybe even the sixteenth (16th) or so, which is, as long as it is 9:30 or 9:45 (a quarter to ten), something of that nature, because I have an appointment at 12:00. MR. McCARTHY: Is there any information I can get in the mean time so I am prepared for the sixteenth (16th)? CHAIRMAN GOEHRINGER: Well, let us talk about the square footage on Lot #4 for a second. The house is how large in reference to total square footage? I probably have it. MR. McCARTHY: Construction # 4 is, measures out to four hundred sixty-two square feet (462 sq.ft.). CHAIRMAN GOEHRINGER: Okay, so certainly we would want to make that lot as large as possible, since it is approximately almost fifty percent (50%) under what the normal eight hundred fifty square feet (850 sq.ft.) of what ..... MR. McCARTHY: For today's standards. CHAIRMAN GOEHRINGER: And conceivably a house that narrow is, would only service probably one or two (1 or 2) people, so it would behoove us to deal with that aspect, which would mean that we would be more interested, I would be more interested in either one of these plans, excuse me Serge, either one of these plans, preferably Plan #3, which gives us much lot area to house # 4 as possible. And maybe even trying to get a little bit more out of it, without creating anything, any situation that may even be worse for Lot #3, but we can discuss that when we do a field inspection when we get down there, alright? MR. McCARTHY: Fine. CHA!RMAN GOEHRINGER: You don't have any problems with either one these tenants that they wouldn't show us the dwelling, do you? MR. McCARTHY: No, I need permission from the landlord, but I can set that up. CHAIRMAN GOEHRINGER: Okay, great, is the sixteenth (16th) alright with you guys. MEMBER DINIZIO: I probably won't be here. CHAIRMAN GOEHRINGER: (Speaking to Member Dinizio) You won't be here? Page 20 Public Hearing Southold ZBA 5/7/92 MEMBER DINIZIO: No. CHAIRMAN GOEHRINGER: Okay. Did you use your charm to get into any of these dwellings when you went there. MEMBER DINIZIO: No, I didn't get inside, no. MR. McCARTHY: One of them has dogs, he had to be careful. CHAIRMAN GOEHRINGER: Okay, I think that it about it as it stands, Mr. McCarthy and we will see you on the sixteenth (16th). MEMBER VILLA: Jerry, can I say something? CHAIRMAN GOEHRINGER: Surely. I was just finishing mine. MEMBER VILLA: Have you been to the County Health Department on this, because you are going to be looking for a four (4) lot subdivision which falls under the Health Code. MR. McCARTHY: Yes. MEMBER VILLA: Have you been there yet. Because these are all, you are talking wells and cesspools and you are going to have a real problem laying out wells and cesspools to meet the one hundred (100) foot separation. MR. McCARTHY: As I was to understand, the Suffolk County Code currently, this is a pre-existing situation. I might as well .... MEMBER VILLA: If they are going to be putting a stamp on a subdivision, they are going to want you to relocate systems. And if you relocate systems, you are going to need to be pretty much, you know they are going to try to get you to comply with the code. And therefore, they might want you to reconfigure some of these lots, so that you. They will want a well and cesspool system for each house on the lot. MR. McCARTHY: Yes. MEMBER VILLA: You if you get maximum distances, you might be having to have small little fingers coming out someplace at least large enough to put a well on, which would be contiguous with that lot. So, you better do some homework with the Health Department I think at this point. Because they might present problems for you that you can't work around. MR. McCARTHY: I see, as far as a zoning matter, with a preliminary approval pending, would that be the course of action, preliminary approval from your Board pending approval from the Health Dept. Page 21 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: Well, we would probably make it subject to Health Department approval, conceivably to what degree you might have to conform, I am not questioning in anyway, my fellow members here, his expertise not his experience in the Suffolk County Department of Health Services, but you may have to deal with it on a future basis. MR. McCARTHY: I understand. MEMBER VILLA: You see what I am saying, is that they may come back to you and say look, we will live with three (3) lots on here, but we are not going to live on four (4). And that would change your entire application to this Board. MR. McCARTHY: I understand. It is kind of like the chicken and the egg, as far as I'm concerned, so I figured that I would find out what the Town wanted first and work in cooperation with your Board and then propose it to the Health Department. MEMBER VILLA: I think, that in this case, it might be the best the other way around, because I think that they are probably going to give you more problems than anybody. CHAIRMAN GOEHRINGER: What is your timeliness on the contract? MR. McCARTHY: I have a few months left, I have to double check that and get back to you. CHAIRMAN GOEHRINGER: So you still have time to play around. MR. McCARTHY: I don't know about play, I would say time is of the essence because in order for me to perform under the contract, the approvals would be necessary from the Health Dept. and I guess, the blessing of the Planning Board as well. CHAIRMAN GOEHRINGER: Okay, as long as in my particular opinion for the record, as long as we can get enough on that Lot #4 to, in my opinion, I don't have a particular problem, but that's, as it looks right now, without going for, we will see what develops after the sixteenth (16th). MR. McCARTHY: Fine. Do you have the pictures that were in addition to .... CHAIRMAN GOEHRINGER: Yes. Do you want these back? MR. McCARTHY: I just, I don't know if the rest of the members have seen them. I just wanted to point out .... MEMBER VILLA: I was there today, so. I didn't run into the dog. MR. McCARTHY: The photos are similar sized structures of Page 22 Public Hearing Southold ZBA 5/7/92 MR. McCARTHY (con't.): on similar size lots, with similar size density that are located right in the neighborhood. MEMBER VILLA: The only thing that makes this different is you are trying to split it up and that is where you are going to run into a problem. Pre-existing, you know, if you don't have the one hundred (100) foot, you are replacing your well, well you get the maximum you can. Because that is all you got. But here you are physically trying to split a piece of property and I think that they are going to look at it differently. MR. McCARTHY: I understand. CHAIRMAN GOEHRINGER: Good luck. We will see you on the sixteenth (16th), just give us an idea on time airight. MR. McCARTHY: Thank you very much. CHAIRMAN GOEHRINGER: Your welcome. I make a motion recessing the hearing, I don't know if we will get it on the next calendar but we will try. We will recess it without a date, but we will readvertise it anyway. Okay. Second. MEMBER VILLA: Second. All in favor - AYE. End of hearing. · Lorraine A. Miller (Transcribed by tapes recorded 5/7/92) COUNTY OF SUF STA'I'I] OF NEW YORK SS: NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Soathold, 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, MAY 7, 1992 commencing at the times specified below: 1.7:34 p.m. Appl. No. 4102- ROBERT AND ELEONORE CAHILL. This is an Appeal of the April 22, 1992 Notice of Dis- approval by the Building lmpec- tor for a Variance to the Zonin~ Ordinance, Article III-A, Se~- lion 100-30A.3 for permission to construct deck addition with an insufficient front yard setback from thc easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map Dis- trict 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is noncon- forming as to lot area in this R-40 Zone District, 2. 7:37 p.m. App[ No. 409~ TONY AND MARIA KOS- TOULAS. This is an Appeal for~ a Variance to the Zoning Ordi- nance, Article XXIII, Section 100239.4 for approval of deck ex~'~hiion (at' or near'ground level) and fence with an insuffi- cient setback from the L.I. Sound bluff line Location of Property: 1035 Aquaview Ave- nue, East Marion, NY; County Tax Map Parcel No. 1000-21-2- 13. This property is noncon- forming as to total lot area in this R-40 Zone District. 3.7:40 p.m. Appl. No, 4103- WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Appeal for a Variance to the Zoning Oedi- nance, Article VIII, Section./ 100-82 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition which will in- crease the degree of nonconfor- mance in the northerly side yard setback. The setback from the northerly property line is less than the required 20 feet. Loca- tion of Property: 41155 C.R. 48 (and the westerly side of Kenny's Road), Southold, NY; County Tax Map Parcel No. 1000-59-7- 33. This property is noncon- forming as to total lot area in this Limited-Business (LB) Zone District. 4. 7:45 p.m. Appl. No, 4100- THOMAS J. McCAWI'HY '(Contract Vendee) (Owners: Frank Majeski and Others).~ This is an Appeal for a Variance to the Zoning Ordinance, Arti- cle ILIA, Section 100-30A.3 for approval of insufficient lot ama, width and depth of parcels pro- posed in this four-lot minor sub- division, each with a preexisting dwelling· Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; Coun- ty Tax Map Parcel No. 1000-117- 7-8. This proper~y is zoned R-40. 5. 7:55 p.m. AppL No. 4037-- METRO/808 REALTY CORP. (Continued from the April 2, 1992 hearing). Location of Pro- perty: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town o~ Southold; County Tax Map Par: cci No. 1000-102-5-26. 6. 8.'05 p.m. ADDI. No. 4080--- GEORGE AND SUE TSA- VARIS. This is an Appeal for a Variance to the Zoning Ordl- nance, Article XXIII, Section 100-239.4 for approval of loca- tion of accessory satellite (an- tenna) dish structure with a set- back at approximately 37 feet from the bluff line. The require- ment for all structure under Sec- tion 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot I11; County Tax. Pntricia Wood,' being duly sworn, says that she is thc Editor, of THE LONG If/LAND TRAVELER-WATCHMAN, it public newspaper printed al Soulhold, in Suffolk County; ;lad that Iht notice o¢ which the annexed is n printed copy, has huen .pul)lished in said Long Isl,~n(I 'l'raveJer-W;llchman once each week ¢or. ...................... ~... weeks successively, comlDel~c[ll~ oR Ihe ...................... · .................... ¢la'f r)r April '19 92 Nolary Public BARBARA A. SCHNEIDER NOTARY PURLIC, SJtle o[ New York ND. 4006846 ?ualilied in Sullolk Cognlyt Commission Expires Map Parcel No. IO00-30-2-~32, '-~-~-' '-' ~'~- ': said time and place hear any and 7. 8:15 p.m. Appl. No. 4091-- all persons or representatives de- EUGENE M. LACOLLA. Vari- ance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residen- tial to non-residential. Location of Property: Ngrth Side of Main Road (State Route 25), at Arsha- momoque near Greenport, (abutting properties of Hollis- ter's Restaurant, Mill Creek IA- quors, The Pottery Place, etc.); Courtly Tax Map Parcel Nos. 1000-56-4-24 & 19. The Board of ADDeals will at siring 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: April 24, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 4/30/92 (8) } NOTICE'OF HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Southold. the following matmrs will be held for public bearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 7, 1992 commencing at the times specified below: 1.7:34 p.m, Appl. No, 4102 -- ROBERT AND ELEONORE CAHILL. This is an Appeal of the April 22, 1992 Notice of Disapproval by the Building Inspector for a Vari- ance to the Zoning Ordinance, Arfide IH-A, Seaion 100-30A,3 for pennis- sion to construct deck addition with/ an insufficient front yard setbac~ from the easterly proper~y line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map Dis- trict 1000, Section 38, Block 4, Lot 12; also refer~d to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject promises is non- conforming as to lot area in this R-~O Zone District. 2. 7:37 p.m. AppL No. 4098 -- TONY AND MARIA KOS- TOULAS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXI~, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an in- sufficient setback from tho L.~ Sound bluff line. Location of Prop- erty: 1035 Aquaview Avenue, East Marion, NY; Connty T~x Map Parcel No. 1000-21-2-13. This property is · nonconforming as to total 1o~ area in this R-40 Zone District. 3, 7:40 p.m. Appl. No. 4103 -- WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, ZNC,). This is an Ap- peal for a Variance to the Zoning Or - dinance, Article V~I, Section 100-82 (and Article XXIV, Section 100- 242A) for permission to construct addi~io~ which w/B increase the de- grce of nonconformance in thc northcdy side yard setback. The set - ~s l~ss than the required 20 fee~'. Lo. eauon of Prope~y: 41155 C.R, 48// (LB) Zone District. THOMAS ~. M cCARTICff (Conuaa Vendee) {Owners: Frank Majeski and C~hers}. This is an Appeal for a each with a preexisting dwelling. Lo - Suffolk, NY; County Tax Map Parcel No. I000-117-7.8. This propeny is// 5. 7:55~m. AppI. No. 403~7 -- METRq~ REALTY CORP. (Contind~rom the April 2, 1992 heating). Location of Property: Cor- ner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map parcel No. 1000-102-5-26. 6. 8:05 p.m, Appl. No. 4080 -- GEORGE AND SUE TSAVARIS, This is an Appeal for a Variance to the Zoning Ordin~ce, Article ~ Section 100-239.4 for approval of lo- cation of accessory sateUite (ante~lna) dish structure with a setback at ap- proximately 37 feet from the bluff line. The requirement for ~1 structure under Section 100-239.4 is 100 rectal/ from the Long Island Sound bluff, Location of Property: 2170 The Strand Way, East Mation, NY; Peb- ble Beach Farms Filed Map No, 6266, L~ 111; County Tax map Par - eel No. 1000-30-2-53, 7.8:15 p.m, AppL No. 4091 -- EUGENE M, LACOLLA. Variance to the Zoning Ordinance, Article HI, Section 100-31 A & B, requesting Permission to change use of a penion of the subject premises, from msiden - rial to non-residential. Location of Property: North Side of Main Road (State Route 2.5), at Arshamomoque near Gmenport, (abutting prope~es of HolEster's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos, 1000- 56-4-24 & 19~ The Board of Appeals will at said time and place bear any and all per- sons or representetives desiring to be heard in the above matters, Written comments may also be submitted prior to the conclusion of th, su:,ject hearing. Each hearing ~ not start before the times designated above, For more information, please cab 765-I809. Dated: April 24, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHR~GER CHAIRMAN ..7371 -ITA30 By Lthda Kowalski STATE OF NE~ORK) ) SS: COUNTY OF suFFOLK) ~ ~/~(~tOC_C~TI~['~'C"/A"~') of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Matfltuck, in the Town of Southold, County of Suffolh and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ! __ weeks successively, commenciag on the ~Cg+V~day of/~r~,' ! 19 '~__ Principal Clerk Sworn to before me this day.~of /~/~ 19 ~--- NO. ~285~ ~afl~ In $u~k C~ Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1.809 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jatrms Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4100 Project/Applicants: County Tax Map No. Location of Project: Thomas J. McCarthy 1000-117-7-8 1270 4th St. & 305 King 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 7, 1992 St., New Suffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Sub-Division with insufficient width, depth and area 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4100 DATED: APRIL 10. 1992 Transmitted is application for variance submitted by Thomas J. McCarthy for property owner PAUL MAJESKI, ET AL, together with proof of notification of adjacent property owners, copy of pre existing Certificate of Occupancy, Housing Code Inspection Report by Building Department. Building Department Notice of Disapproval. Short Environmental Assessment Form. copy of map sent to adjacent property owners. ZBA Questionnaire for filing with application.deed to property, and map of property, BOARD OF APPEALS, TOWN OF SOUTHOLD 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: 1. Th...~ i~ ~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request~ (Special Exception] (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: /~.T~,~-%~ ~O~L~L- ~.O~/LJ~E. ~,C ~-~Op._~r-~ 'P~L*~ 3. That the property which is the subject of such Petition is located in the following zoning:district: r 4 That b~t such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sect/on [ ] 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 may then and there examine the same during regular office hours. (516) 7~5-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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: Petitioner Owners'Names: Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS NAME STATE OF NEW YORK COUNTY OF SUFFOLK rC~ L~ ~ I~ ~L/.~'. , being au ¥ sw , p y of ~-~I~U~I' ~ ' ,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 addresses of said persons as shown on the curren,~ asses, qment roil of the Town of Southold;that said Notices were mailed at the United StateS Post Of- fice at ~0 LJ~u~I~ ~o~.oyb~-~ I,(~["~l ; that said Notices ere mailed to each of said persons by Sworn to before r;ne this Notar~ublic SOUTHOLD TOWN PLANNINg B0,~RD (This side does not have to be complet'ed on form transmitted to adjoining property ownerS.) L .lit, WI Ill IS )4 IPROJECTI.D, NUMBER 617.21 Appendix C State Environmental Quality Reviet '.~ -- ~0UTHOLD TOWR'-" " I~.kNNING BOARD SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT IS SOR 2. I PROJECT NAME 3. PROJECT LOCATION: / 5. IS PROPOSED A~ION: ~ New ~ Exuansion .~°diflcati°nlalteratmn ?' AMOUNT OF ~ND FECTED: initially acres Ultimately ~ acres 8. WILL PROPOSED ACT[ON COMPLY WiTH ~ISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS? Yes ~ No If NO. describe briefly 9. WHAT IS PRESENT ~ND U~E IN VICINI~ OF PRO~ECT? ~,esi~entlal ~ Indoslrial ~ Com~erciat ~ AgrJcuttur. ~ Par~ForestlO~e, s~ace ~ Ot~er sm.,.,.: /", ", ' / O If the action is in the Coastal Area, and you are a state agency con?lete the Coasta Assessment Form before proceeding with this assessrhent-- OVER 1 (Continued on reverse side) T~"N.Y~S. Environmental Quality Review Act ' of th~S form~ and an environmental review will ber~r~ submission · befor~ ,a~dtion is taken, this board SHORT ENVIRONMENTAL ASSESSMENT I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (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 /NO than 10 acres of land? Yes :, 2. Will there be a major change to any unique or /No un~ual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? ~Yes /No 4. Will project have a potentially large impact on groundwater quality? ~Yes ~o 5. Will project significantly effect drainage flow /No on adjacent sites? · Yes 6. Will project affect any threatened or endangered plant or animal species?Yeso 7. Will project result in a major adverse effect on /~No air quality? __Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas /No known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical /No envircamental area by a local agency? Yes -- 10. Will project have a m~jor effect on existing or /No future recreational opportunities? Yes ~ 11.Will project result in major traffic problems or cause a major effect to existing transportation - · systems? - Yes . o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- /No ance as a result of the project,s operation? Yes 13. Will project have any impact on public health 14. Will project affect the existing community by 15. . 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 charact~ of the coaununity or neighborhood? Is there public controversy concerning the project? Yes /No FOR FILING WITH YOUR Z.B.A. APPLICATION ~OUTHO~ TOWN PLANNING B~RD 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 ~e at~ached.) B. Is the subject premises listed on the real estate market for ~_a~e or being shown to prospective buyers? { } Yes ~{ } No. (If Yes, please aeeaeh C.~pkZ nf "conditians" of sale.) C. Are there an~ ~roposals tD n~nange uz alter land cuntcul~? { } Yes ~} No Are there any areas which contain wetland grasses? ~O D. 1. 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 fenc~ which ewi=t and are not shown on the survey map that you ara submitting? ~0~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? A)0 If yes, please submit ? copy of your building permit and ~ap as approved by the Building Department. If none, please state. H. Do you ~r any co-owner also 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 this parcel ~D~(- 0~ and proposed use ~;~ O~ -- '-~[.n.~-?- [~,'(~ ~ ~l~d ~A~ ~L ~ur~d Date 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 t~5-84 by L.L..No. 6-1984] WETLA_N~S [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by LT. No.~-1985]: -*' ' '"'~ ~ ..................~.,., ,, , A. TIDAL WETLANDS: (I) All lands generally covered or intermittently coy- 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, fiats 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, t~ll cordgrass, high bush, cattails, groundseL l~arshm~llow ~lld law 'en~ ,'ch eardgrn ~? (3) All land immediately adjacent to a tidal wettand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most land,yard edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater ~vetlands" 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 "freshwatar wetland." 9705 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-19433 Date OCTOBER 10~ 1990 THIS CERTIFIES that the building (4) ONE FAMILY DWELLINGS Location of Property 1270 FOURTH ST. & 305 KING ST. NEW SU~'~LK~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 7 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for Private One Family dwellings built prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF OCC. #Z-19433 dated OCTOBER 10~ 1990 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 FOUR (4) ONE FAMILY DWELLINGS * The certificate is issued to FRANK MAJESKI & ORS. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORTS. Rev. 1/81 Building Inspector BUILDING DEP.~d~T2.LENT TOV~! OF SOUTHOLD, N. Y. HOUSIiTG CODE Ii'ISPECTION REPORT Location 1270 FOURTH ST. & 305 KING ST., (WNIT A) (numoer ~ streeT) Subdivision Map No. NEW SUFFOLK, N.Y. (i,iunzc±pa±~y) Lot(s)__ Ne~me of Owner(s) FRANK MAJESKI & ORS. Occupancy., A~mitted by: A-I ~type) AGNES SKREZEC (owner-~enan~) Accompanied by: sm~E Key available Source of request Suffolk Co. WILLIAM WICI~tAM, ' ~TTY Tax No. 117-7~8 Date 7/16/1990 D%'~LL!MG: Type of construction Foundation Total rooms, 1st. F1 Bathroom(s) ONE Porch, type Breezeway Type Heat OIL Fireplace(s) NONE Domestic hotwater Other WOOD FRAME 4 Deck, type. Garage · Warm Air xx No. Fzcit s ONE LILCO GAS Type heater FRONT ENTRYWAY IST FLOOR. Cellar 3/4 2nd. F1 4 Toilet room(s) Patio, type Utility room .Hotwater Airconditioning BRADFORD ~ITE #sTories 2 Story Crawl space, !/4 3rd. F1 A_CCESSORY STRUCTURES: Garage, type const. Swi,~ning pool Other Storage, type const. Guest, type const. VIOLATIONS: .CHAPTER 45--N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE _L~cation Description I-A~rt .'} Sec. 2ND FLOOR CEILINGS, WALLS, FLOORS & STAIRWAYS SFJ~LL BE I CHAP~. F I MAINTAINED IN A SAFE AND SOUND CONDITION. 1242.~ C _EXTERIOR EXTERIOR SURFACES SUALL BE MAINTA]-m,.'~Z.n IN GOOD CRAPT.{ F COl~q)ITION. SRRFA{3ES NOT INRERENTLY RESIST~T ~ }1242.~ E D~c'rKI(IORATION SHALL BE TREATED WITH A PROTECTIVEi COATING OF PAINT OR OTHER SUITABLE PERSERVATIVE. I · Remarks: Inspected by: Date of Insp. AUGUST 28, 1990 GA~y j. FISR ,,',/ ' Time start 9:30 end lO: 15 BUI~DI..G DEP.~qTi. LENT T0;'~! OF SOUTHOLD, N. Y. HOUSING CODE IHSPECTION REPORT Location 1270 FOURTH ST. & 305 KING ST., (~NIT B) NEW SUFFOLK, N.Y. ~nuunoer ~ s~ree~) ~lunlcipall~y) Subdivision Map No. Lot ( s ) Nmme of Owner(s) FP~%NK MAJESKI & ORS. Occupancy. A~mitted by: A-! ~ype) JOAN I~)RCOWSKI (owner-5enan%) Accompanied by: SA~ Key available Suffolk Co. Tax No. il7-Y-8 Source of request WILLIAM WICKNAM, AT~- Date JULY 16, 1990 D%'~LLING: Type of construction Foundation BRICK Total rooms, 1st. F1 Bat.broom(s) Porch, type BreezewaM Type Heat Fireplace(s) ONE ~uLL WO0~ FlUg~ #stories Cellar F~LL Crawl space 4 2nd. F1 3rd. F1 Toilet room(s) ENCLOSED FRONT Deck, type, Garage OIL ' Warm Air Domestic hotwater OFF HOT WATER Other Patio, typ% Utility room .Hotwater xx No. ~cits 2 Airconditioning Type heater ~EATER FROM UNIT (A) ONE .ACCESSORY STRUCTURES: NoNE Garage, type const. Swimming pool Other Storage, type const. Guest, type const. V~IOLAT!ONS: --Location .CNAPTER 45--N.Y. STATE ~NIFOP~I FIRE PREVENTION & BUILDING CODE Descriution [-A~t .] Sec. Remarks: Inspected by: acc/ .... ~ Date of Insp. AUGUST 28, 1990 Gar~ J. Fish · Time start 9:30 end 10:15 BUILDI[:G DEP.~J{T:.~ENT T0;'R,I OF SOUTHOLD, N. Y. HOUSIiIG CODE INSPECTION REPORT Location Subdivision 1270 FOURTH STrEET& 305 KING STREET ~numDer ~ s~reer) Flap No. (UNIT C) NEW SUFFOLK, N.Y. Lot(s)... N~.me of Owner(s) F~K ~SKI & ORS. Occupancy A-! (type) A~mitted by: JOAN~ORCOWSKI (owner-Lenanz) Accompanied by: SAME Key available Suffolk Co. Tax No. 117-?-8 Source of request WILLIAM WICKNAM, A~Y' Date July 16, 1990 D%'~LL!NG: Type of construction Foundation CEMENT BLOCK Total rooms, 1st. F1 Bathroom(s) I FULL BATH Porch, tTpe Br e ez eway Type Heat OIL WOOD F~%ME Cellar 2nd. F1 Toilet room(s) Deck, type Garage ! cam GARAGE '~armAir #stories oNE Crawl space, xx 3rd. F1 Patio, type_ Utility room .Hotwater xx Firep!ac e (s) No. Domestic hotwater OFF ~OT WATER Other NI~-&TER FROM I/NIT (A) _ACCESSORY STP. UCTURES: NONE Garage, type const. Swinuning pool Other ~cits_ Airconditioning Type heater ATTAC~n S~ED TO GARAGE. Storage, type const. Guest, type const. V~IOLATIONS: ~Lncation SHED & GARAGE .CHAPTER 45--N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE Descriotion GARAGES, b;HEDS, FENCES, WALLS & OTHER MINOR CONSTkoCTION SBALL BE MAINTAINED IN SAFE, GOOD SUBSTANTIAL CONDITION. · Remarks: Inspected by: ' Date of Insp. AUGUST 28, 1990 GARY/J,~' FISH ' Time startg:30 end I0:15 Location BUILD I..',:G DEP:~qT2.LENT .. T0'.'$I OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 1270 FOURTH ST. a 305 KING ST. (UNIT D) NEW SUFFOLK, N.Y. (nu~oer ~ s~ree~) Subdivision Map No. Nmme of Owner(s) FRANK }{AJESKI & ORS. (Piunzczpa±i~y) Lot(s) Occupancy. A~mitted by: A-I (~ype) JOAN BORCO~SKI ( own er- ~ enanr ) Accompanied by: SAME Key available Suffolk Co. T83[ I~o. 117-7-8 Source of request WILLIA~ WICKEg{, AT$-ORNEY Date JULY 16, 1990 D','~ELL!NG: Type of construction Foundation CgMgNT BLOCK Total rooms, 1st. FI Bat.broom(s) I FULL BATR Porch, type FRONT ENCLOSED Breezeway Type Heat Fir eplac e ( s ) Domestic hotwater Other NO HEAT WOOD FRAME #sTories I STORY Cellar Crawl space xx 2 2nd. F1 3rd. FI Toilet room(s) Deck, typ~ Patio, typ~__ Garage Utility room 'Warm Air .Hotwater No. F~its 2 Airconditioning. ~ype heater .ACCESSORY STRUCTURES: Garage, type const. Swimming pool Other MORE Storage, type const. Guest, type const. V__IOLATIONS --Location .CHAPTER 45--N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE Descriotion } Art. [ Sec. · Remarks: Inspected by: GARY J. FISH Date of Insp. AUGUST 28, 1990 · Time start 9:30 end IO:15 DISTRICT 1000 SECTION 117.00 BLOCK 07.00 LOT 008.000 CONSULT YOUR LAWYE~ORE SIGNING THIS INSTRUMENT--TIllS INSTRUMOHOULD BE USED BY LAWYERS ONLY. NOTE: FIRE LOSSES: This form of centract contains no express provision ns to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section $-1311 of the General Obligations Law will apply. This section also places risk of loss upon purehnser if title or possession Is trander~d prior to closing. THIS AGREEMEN~ madethe /~~=:~ dayof ~ ,nlnetcenhundredand ninety-~e~ BETWEEN STEVEN T. HAJESKI (as to an undivided 1/6 interest), residing at 3502 125th Street, Gig Harbor, Washington 98335, PAUL J. HAJESKI (as to an undivided 1/6 interest), residing at 1315 Bray Avenue, Mattituck, New York 11952, FRANCIS HAJESKI (as to an undivided 1/3 interest), residing at no# New Suffolk Lane, New Suffolk, New York and GERTRUDE BOWDEN (as to an undivided 1/3 interest), residing at not Wicks Road, New Suffolk, New York hereinaRerdescribed~tbe selle~and THOHAS J. NC CARTHY, residing at not North BaYView Road, Southold, New York 11971 hereinafter described ns the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purehnser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the New Suffolk, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point marking an intersection on the northerly side of King Street and the easterly side of Fourth Street; RUNNING THENCE along the easterly side of Fourth Street north 00° 08' 30" east IlO feet to land of Shibley; RUNNING THENCE along said land North 84° 09' 00" east 100.27 feet; RUNNING THENCE North 00° 17' 30" East 35.82 feet to land of, Freyher,r; iRUNNING THENCE along said land North 89" 15' 10" East 50.02 feet [to land of McGowan; RUNNING THENCE along said land South 00° 17~ 30" West 1~6.00 feet to the northerly line of King Street; RUNNING THENCE along said northerly line South 89" 15' 10" West 150 feet to the point or place of BEGINNING. 1. ThIs sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made In lieu thereof and in and to any unpaid award for damage, to said premises by season of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. . ~ . ~.lt~e 8 t~ cl~ o! , omitted II 2. The price is .... : ~ 4 ~ .. , I .... , --0 ........................ ................... (,, . _ ................. - ............. Dollars, payable as follows: '-- - - ' ' -" :-' - - ' .......... (~ ) .................. Dollars, on the sfgulng of this contract, by cheek subject to collection, the receipt of whleh U hereby acknowledged; __~, ~- .~!~ = ~: .--=-= ::T'~; '~ ,.=.:--- .'-.= '-':=':" ..... (";~ ~.~ - / .............. Dollars, In~lt~q~' good certified check to the order of the seller on the delivery of the deed ns hereinafter provided: D,,:; 3. Any bond or note and mortgage to be given hereunder shall be drawn on for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees. extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises In..~ereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than ...~t~"~. e. ntper annum an~d (b) that, if the principal amount thereof shall exceed the amount of principal owing and unp~sald existing mortgage - at the time of placing such new mortgage or consolidated mortgage, the excess be pa~d~ bolder of such purchase mon~ mortgage in reduction of the principal thereof. Such purchase mono' mo~ that.s?ch_ payment to the holder thereof shall not alter or affect the regular installments, If a~r and shall further provide that the holder thereof will, on demand and without char~ge and delhet any agreement or · agreements further to effectuate such subordination. / .......... 5. If there be a mortgage on the premises tbe~Uvery of the deed a proper certificate,executed end acknowledged b~_rt!f~ng nst. o t_be am~?un_t of the unpaid principal and Intere~ the ~llet shall pa) the fees for recording such certlfl~on..~74-a, Bani .Property Law, the mortgeg~orlzed officer, or employee., or agent, cont~~ill not be in. ~~ by ~uon ~ the delivery 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances o[.the city, town or village in which the premises lie which are not violated by exisUng structures. h. Consents by the seller or any former owner of premises for the erceflon of any structure at structures on, under or above any stroet or streets on which said premises may abut. e. Encroachments of stoops, nrca, cellar steps, trim cornices, if any, upon any streM or highway. d. This contract ia contingent upon the purchaser obtainin$ from the Board of Appeals and the Planning Board of the Town of $outhold, n minor eubdivision of 4 four lots within six (6) months of the date of thin contrnet. Zf the approval ia not obtained within that time, then this contract aha11 be determined cancelled and the aeller herein she1! return the above depoait nnd neither party ahsl], have any further e~aim against the other. Purchaser may waive the~pondi~:ionn under this paragraph a~ any ti_me wi~:hin the 6'~month'per4od above mentioned · , /: against or affecting the premises at the date hereof, shall be complied with by the seller and the premis~..desfl'l~ conveyed free of the same, and this provision of this contract shall, survive delivery of the deed hereun~des~q'h~ sailor shall furnish the purchaser with an authorization to make the necossaq searches therefor. 8. All obligations affecting the premises Incurred under th~h Administrative Code of the City of New York (Sections 564-18.0, etc.) prior t~d ~berged by the seller Upon the delivery of the deed. This provision shall survlve/~Js~s-d%sH--very of the deed. g. If, nt the time of th~ or shall beve been affected _by an assessment or ~h fe irst installmcot is then a eber~men_ts o_f a_ny suc_h nss~s_ _meat_, ,o. be ap .... (a) Bents ns and when collected/ (d) ,xes ,,d ,ewer re,ts, if ,,y. o, the basis t al yens which Ce) W, te, '--,~ on the basis of the calendar year. (O Fuel, If any. 1 DATED: December ,1990 SELLER: STEVEN T. MAJESKI, PAUL J. MAJESKI, FRANCIS MAJESKI and GERTRUDE BOWDEN PURCHASER: THOMAS J. MC CARTHY PREMISES AT: Corner of King St. and Fourth Street New Suffolk, New York FIRST: SUBJECT TO (a) Subject to covenants, utility easements, restrictions, agreements and reservations of record, if any, provided same are not violated by the existing structure or present use thereof. In the event that there exists any addition or improvements to the premises which violate covenants and restrictions shall not be deemed an objection to title provided a title company will insure that said additions or improvements may remain in their present location as long as the same shall stand. (b) Subject to any state of facts an accurate survey may show provided same does not render title unmarketable. SECOND: INSPECTION AND AS IS (a) Purchaser represents that he has inspected the premises and personal property included in this sale and is fully familiar with the condition thereof and take same "as is" as of the date of this contract, reasonable wear and tear excepted to the date of closing or possession, the Seller, his a~ents or brokers having made no representation in connection therewith. (b) Purchaser shall haVe a reasonable opportunity to inspect the premises w~thin one week of closing or possession at a time mutually agreed upon by the parties. THIRD: SELLERS REPRESENTATIONS Seller represents that the plumbing, heating and electrical systems will be in working order and roof free from leaks at the time of closing or possession. This clause shall not survive delivery of the deed or possession. FOURTH: TERMITE INSPECTION The Purchaser shall have the right to have the premises inspected for the purpose of determining the existence of termite, other wood boring insect infestation and/or current damage. The cost of such inspection shall be borne by the Purchaser. In the event infestation and/or damage is found, e copy of the report issued by the termite company or other written notice shall be served upon the Seller's attorney, the Seller may do one of the following: (a) Treat the condition and damage at his own cost and expense, in which event the Purchaser agrees to consummate this contract pursuant to the terms thereof; or (b) Terminate this contract by refunding the sums paid hereunder to the Purchaser. In the event the Purchaser shall fail to have the premises inspected or fail to serve said written notice, postmarked no later than ten (10) days from the date hereof, the Purchaser shall be deemed to have waived the provision of this rider end this contract shall remain in force and ~fe6t and be binding upon the parties thereto, ~ FI FTH: ~ This contract is contingent upon Purchaser obtaining a water test showing that the water meets the standards for drinking water set by the Suffolk County Board of Health, except for iron and manganese content. Purchaser agrees to promptly obtain such a test within fifteen (15) days of the date of this contract, or the date of the firm commitment of the lending institution. If the water does not comply with the above standards, Purchaser shall so notify Seller who shall have the option of curing the condition or cancelling this contract. In the event Seller cures same, the water ..'. condition shall be deemed to have been met. Purchaser, however, may take title with existing water conditions without diminution of purchase price. ~ The Purchaser represents that no broker introduced him to the premises or to the Seller or was in any way instrumental in bringing about this sale to him, with full knowledge that the Seller relies upon the truth of this representation in agreeing to enter into this contract to sell the premises to the Purchaser for the consideration stated. The Purchaser shall save the Seller harmless and indemnify the Seller from any and all broker's commissions not referred to herein that may arise from the acts of Purchaser or their representatives, or that may be claimed against the Seller, by, through or on account of any acts of the Purchaser or their representatives, or all of these, The provisions of this clause shall survive title closing.and delivery of the deed h~reunder. Any notice to be given under this contract shall be given in writing addressed to the attorney for the party to be notified. The parties hereto acknowledge that their respective counsel's letters and written agreements between counsel shall be binding upon the parties to this agreement. EIGHTH.' ELIV 0 D Anything to the contrary herein contained notwithstanding, it is specifically understood and agreed by the parties hereto, that the acceptance and delivery of the deed at the time of closing of title hereunder, without a specific written agreement which by its terms shall survive such closing of title shall be deemed to constitute full compliance by the Sellers with the terms, covenants and conditions of this contract on his part to be performed. It is further agreed that none of the terms hereof, except those specifically stated to survive closing of title, shall survive such title closing. NINTH: MORTGAGE TERMS AND CONDITIONS It is expressly understood and agreed by and between the parties hereto that this contract is expressly conditioned upon the Purchaser procuring a firm (Conventional) mortgage loan in the amount of, $ payable over a period of years (ac the prevailing interest rate and conditions at the time of closing) on or before thirty days after subdivision approval. In the event such firm commitment is not received on or before said date, Seller shall have the option of extending the time of Purchaser to obtain such commitment for a reasonable time. In the event Seller does not elect to extend Purchaser's time to procure said commitment beyond said date, either party hereto may, on written notice to the other, cancel and. rescind this contract and upon such cancellation and recision, the down payment hereunder shall be refunded to the Purchaser. Ail costs incurred in connection with the obtaining of the mortgage shall be borne exclusively by the Purchaser. Purchaser shall pay Seller's attorney $250.00, if closing is required outside Suffolk County. Purchaser agrees to make diligent and truthful application to the lending institution for the aforesaid mortgage loan without delay to furnish such verification of bank accounts, employment assets and liabilities and such other information as may be required by the lending institution, the FHA or V.A. in the processing of such application. The Purchaser's failure to comply with any of the provisions hereof shall constitute a material breach of this contract. TENTH: TITLE EXAMINATION AND OBJECTIONS In the event title examination discloses any objections to title the Sellers shall be entitled to a reasonable adjournment of the title closing date in which to cure such objections. Nothing herein contained, however, shall be deemed to obligate the Seller to undertake any actions or other proceedings to cure title defects, and in the event for any reason whatsoever, the Seller shall be unable to deliver title to the premises as herein specified, the sole remedy of the Purchaser will be to accept such title as the Seller shall be able to deliver, without abatement in the purchase price, or, in the alternative, to cancel this agreement and receive a refund of the contract payment made hereunder, together with the net charges actually charged to the Purchasers for the examination of title, without insurance, by a title company, which is a member of the Board of Title Underwriters licensed to do business in the State of New York, and cost of survey, if any. Any objections to the title that may be cured by the payment of a sum of money shall not be a ground for rejection of title, but the Seller may at the time of closing of title deposit with the title company a sum of money sufficient for the purposes of curing said defect. ELEVENTH: CONTRACT ESCROW STATEMENT The sum paid as a contract deposit on the signing of this contract shall be held in escrow by the Sellers' a~torney until closing. Seller's attorney shall have the right to place the downpayment in an IOLA account, with the interest to be paid pursuant to regulations affecting said accounts, or to place the downpayment in an interest bearing account, with the interest to be paid to the Seller upon closing of title or other cancellation of contract. TWELFTH: FAILURE TO NEGOTIATE CONTRACT DEPOSIT The Purchaser agrees that the refusal of payment on first presentation of Purchaser,s check for down payment herein shall give the Seller the right to cancel this contract 3 forthwith and recover such damages sustained. as Seller may have 4 THIRTEENTH: LITIGATION AND WAIVER In the event of any legal proceeding or litigation between the parties hereto arising out of this contract for the sale of the within premises, each of the parties hereto hereby waive the right to a trial by jury in such legal proceeding or litigation. FOURTEENTH: FRANCHISE TAX Franchise tax against any corporation in the chain of title shall not be deemed an objection to title provided the title company insuring title to the premises on behalf of the Purchaser will insure against the collection of same out of the premises. FIFTEENTH~ ~ Purchaser hereby agrees not to assign this contract without the Seller's written consent. Any such assignment without Seller's written consent sh&ll be deemed null and void. SIXTEENTH~ CERTIFICATE OF OCCUPANCY ~ w£11 supDly e cert£f£cate of Occupancy for the premises es they presently exist prior to closlng, provided Purchaser proviaes a current survey end single and separate title search, iT required by the municipality. ~~ INSPECTION Purchaser reserves the right to inspect the premises upon reasonable notice to the Sellers. Sellers represent that there are presently no written leases and that they will not enter, now or in the future, into any written lease for the above mentioned premises or any portion thereof. This provision shall survive delivery of the deed. 6 oczal Securzt¥ No, FRANCIS MAJESKI ~ Sodial Securify No. Social Security No. PAUL J. M~E~KI soci~ Secu~it¥ majeskrd Omit Clause 15 the property ~ not i, the CIt~ New York. '~f the title shill'cur before the tax rate is fixed, the apportion~ af taxes shall be upon the basis of the tax ,,~. t63 the next preceding yeal~l~lied to the latest assessed valuation. '12. If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. 13. The deed shall be the usual Bargain and Sale Deed with Covenants Against Grantors Acts deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the require- ments of Section 909 of the Business Corporation Law. The deed in such ease shatl contain a recital sufficient to establish compliance with said section, 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified cheek to the order of the appropriate officer for any other tax-payable by season of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. Administsato, for the amount of the Real Property Transfer ~~.a-i!.~e ~.ode of the City of Now York and wi~u the segulatl°ns issued pursuant t~gn.a,nd s.w. ear to the return 16. The seller shall give and the purchaser shall accept a title such as any approved tit le company with an office in Suffolk County will approve and insuse. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any. made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All flxtuses and articles of personal property attached or appurtenant to or used In connection with said premises are represented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are Included in this sale; without limiting the generality of the foregoing, such fixture and articles of personal property Include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary, as presently exist on the premises. Including 5 gas stoves and 3 refrterators, all in working order. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller ts obligated to pay and discharge, with the interest and penalties thereon to a date not Jess than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. ~0. If at die date of el~ing there may be any other liens or encumbsanees which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost or recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it it insure obtaining and the recording of such satisfactions and the Issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgements, bankruptcies or otber returns against other persons having names the same as °r similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgements, bankruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchases the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges filed with the New York State Department of Insurance and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. ~. The deed shall be delivered upon the receipt of said payments at the office of Wickham, Wickham & Bress 1er, P. C. o_~t:he lending institution, with an offieag in Suffolk~,41~~, on or about thistly days after subdivision approval. is the broker who 24. The parties agree tha{ brought about this sale and the seller agrees to pay any commission earned thereby. 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full Investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said psemises and is thoroughly acquainted with their c~Jndition and agrees to take title "as is" and in their present condition and subject to seasonable use, wear, tear, and natural deterioration between the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. This stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors, and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. 1N WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. In pr~s~n/~e of: ~,, /,~ Thomas J. Mc ,.t~ ~:~., .~? DroD~r.ly Tox. Service Agency A-C ROBINS R-400 Date Documents Accepted for Filinq: Apl. Fee Required: $ ~-~o,- Appl. No. / ~/~ o Application Incomplete 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 t / / / / / / / / / / / / / / / / / / / 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 / / / / / l , 1 / / / / / / / / _/ / 51cCar, thy 5ianagemetit Thomas J. >lcC,.trth? P.O. Bo:: 1266 Southo?Ld, NY llJTl Zoning Board of Appeals Southold Town Hall Southold, NY 11971 To All Board Members, I would greatly at:,pt'ec'iate Four consideration of the following data about nx application that is before your Board. What I am requesting is a D~**r lot subdivision in the Village of New Suffolk. I would like to make .~on aware of the benefits of this project. The prilnars~ benefit is the creation of several single family housing units from a piece of property th~it is curr'ent]3 [he shame of the neighborhood. With the support of Four Board, these units that are pre-existing and fUlpL'tioning independent of one another' would provide an oppo~tunit,~ for decent housing at a reasonable cost to residents of tile area, Currently these homes are rental units that are need of repair, As you can well imagine from your visit to the site, the costs of improvements are substantial, especially for a single owtler, With tile subdivision of this site, it is my opinion that the very factors that motivate an owner to protect his investlnen% %~'ould create positive effect in the neighborhood through the p~ide of ownership, maintenance, and opportunity to build equity that these units would provide, I would also like to point out through the pages that follow, that the creation of these needed parcels would in no way exceed tile parameters of lot size or density that presently exist in the neighborhood. Ihe source of my data is taken directly from the Assessor's Office Property Record Cards and reflect all of the improved residential parcels of land that are located in District 1000, Section 117, Block 7 - which is ~he local±on of the subject parcel. The creation of these [ndix id,~l lots woul,:l improve the character of tho community and p~'o~ [de opportunity where none presently exists. It ~.ould also create a legal separation of four independent housing units that currently exist in a p~'acL[ca[ manner' but fail to show up on the tax map, hence paying a disproportionately low share of the ta.~: burden in the area. It is my opinion these lines of demarcation exist in [he minds of all passersby and the finalization o[' them would only strengthen the character of the neighborhood. Thank you for your valuable time and careful consideration of this applic&ttion. that Sincere]M, Tho~r~ts J. -~icCarthy eric . density analysis of plans 1,2,3. DENSITY ANALYSIS OF EXISTING INPROVED PARCELS Tax Map = Lot Area Bldg Area Parcel Density sq ft sq ~t foot]:z'int 117-7-2 5000 1!7-7-3 5000 117-7--! 10201 117-7-5 7575 117-7-6 6000 117-7-7 6700 117-7-8 * SUBJECT 117-7-9 75 ~ 117-7-10 2850 117-7-I1 5353 117-- ~ t-l~ 7500 117-7-t3 9900 117-7-1t 3800 117-7-15 4275 117-7-16 -t750 117-7-17 4750 117-7-18 8250 117-7-19 4950 117-7-20 5500 117-7-21 14:300 117-7-22 6120 117-7-23 4000 117-7-24 13500 117- -_~ 6500 117-7-26 5050 117-7-27 15150 117-7-28 10000 11- - ~ I-t--9 t750 117-7-30 4750 PARCEL 119± 2.i 1147 2i 1!82 15 73~ 10 960 16 i00'~ ~ 15 !13i 15 654 23 1109 21 1642 22 !178 15 473 12 723 17 988 21 922 19 118.i 14 751 15 1092 20 1163 8 156~ 26 110~ 28 1289 lO 519 8 t175 23 1596 11 96t 10 713 15 1320 28 DENSITY ANALYSIS OF PROPOSED IblPROVED PARCELS LOT # LOT AREA BLDG AREA P.\RCEL DENSITY sq £t SCl footp~'int PLAN i 1 4314 837 i9 2 5999 861 14 3 4886 763 16 4 3104 462 15 FLAN 2 1 4113 837 20 2 5239 861 16 3 5701 763 13 4 3251 462 1.t PLAN 3 1 4313 837 19 2 4235 861 2O 3 6155 763 12 4 3601 162 13 I~IOARO OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of lhe Town of Southold : YOU ARE HEREBY GIVEN NOTICE: ~. ~ ~. 1. Th.~3z.-i-~--~e intention of the undersigned to petition the to request ~ (Special Exception) (Special Permit) (nth 2. That the property which is the subiect of the Petition is I cribed as follows: /~ ~'.,T~:~%~; ~L.- ~Ol~AJe~ 3. That the properly which is the subject of such Petition is located in the following zoning:district: r 4 That by such Pelitiun, the undersigned will request the following relief: ~ ~,4~/Dt L]~,'/~C~E" .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article '/~10(- Section /(~-~(~A...~ [ ] Section 28~-'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 Ihe Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. Thai before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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 rlgh! to appear and be heard at such hearing. Dated:' ~) '"~/~? ~" Petitioner Owners'Names: Post Or'ce Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf Southold TO: 16~ -tt~-7-~ YOU ARE HEREBY GIVEN NOTICE: 1. to request ~ (Special Exception) (Special Permit) (O~hel 2. That the property which is the subject of the Petition is Io( cribed as follows: /~ ~.T~-.~SR; ~0~P.-c~lg L- co RAJ e~. 3. That the property whig~h is the subject of such Petition is located in the following zoning:district: 4 That b,~ such Pe(ition, the undersigned will request the following relief: 5. Thai Ihe provisionJ.,of the Soulhold Town Zoning Code applicable to the relief sought by the under- signed are Art.Lcle ~ ~ ' ' Sect:ion [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in lhe Southold Town Clerk's Office at Main Road Southold, New York and you may then and lhere examine lhe same during regular office hours. (516) 795-~809. 7. Thai before the relief sought may be granted, a public hearing must be hel~on the malter by the 86ard of Appea~; lhat a notice of such hearing must be published al leas~ 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 Soulhold and designated for the publication of such notices; that you or your representative have the HS~t lo appear and be heard at such hearing. Petitioner Owners'Names: Posl Office Add~ess [Copy of sketch or plan showing proposal to be attached for conventence purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals nf the Town nf Southold TO: YOU ARE HEREBY GIVEN NOTICE: 1. ~ ~; ~e intention of lhe unde~ign~d to petition th~ ~o~ to request ~ (Special Exception) (Special Permit) (O~he~] 2. That lhe property which is the subject of the Petition is Iocat cribed as follows: /~ ~.T'~.--%R; ~Ol~l~L.l~/~ eoI~AJBP- o ~°1 ,~'I "~'1 ~T~ L,~ .., :1~ 1 /~ ~ ~ / f~ ~ ~ ~1~ I ~~ /L~ g ~ I Iii' ~1~ I /ii i ~ Cl ~ ~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: .5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ ~ Section IO~ ~',..3C) ~ ..~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thai within five days from the date hereof, a written Petition requesting thc relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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:' Petitioner Owners'Names: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] KEY MAP APPLICANT: FOR SUFr J". K S.C. TAX THOL,IAS SITUATED ,.../ M c C &RTl tT 1 AT 0:-' SOU~HO! COUNTY, NFW No. 1 000-1 SCALE 1"--10' FEBRUARY28, 1992 D 'fORK 17-07-08 LOT1 AREA--4,515.77 sq. ff. 0.0990 ac. LOT2 AREA= 5,999.05 sq. ff. 0.1577 ac. LOT$ AREA--4,886.54 sq. ff. 0.1122 ac. LOT4 AREA-- 5,104.49 sq. ff. 0.0713 ac. TOTALAREA= 18,505.66 sq. ff. 0.4202 ac. BUILDING USE ZONE: R-40 oseph A. Ingegno Land Surveyor P.O. Box 1931 Riverhead, 'fork 190 (516)727-2090 McCAi~THY M.b%ICEMENT TtIOMAS' J McCARTtI}' NORTH BAFFIEW ROAD ~OirTHOLD, N/']F YORK 11971 0 Ld Z N 89"09'00" E 100.27' ACT. 100' DEED N 89'09'00" E J 5.' 29 3' Ld #305 %1 \ Wood PL~r ~ S 89°15'10" W 2 STORY FRAME HOUSE #1270 121' LO7' 9.98' A~ 'o F N 89°15'10" E QESSPOOL COVER 24 5' LOT 4 LOS' I 90.00' APPROXIMATE WELl L©g~orl WALK C~~ ]I TM LOT 50.02' ACT. 50' DEED 3 O5 1 50.00' lOO FRAME SHED 125' I 52,06' 92, 121 _B~,,¥ MA~ SCALE 1"=600' J APPLICANT: EcCARTMY MA~VAOEMENT ?HO.MS J. McCARTHY I~OR'~H BAYVIEfl' ROAD SOU?HOLD, NEI~F YORK PROPOSED F01~ THOMAS ~'IcCARTHY .PLAN~ e SITUATED AT %. 4 SU TOWN OF SOUTHO!, .K COUNTY, NE YORK TAX No. 1000-117-07--08 SCALE 1" --: 1 O' FEBRUARY 28, 1992 LOT 1 AREA--4,115.01 sq. ft. 0.0944 ac. LOT 2 AREA= 5,259.05 aq. ff. 0.1205 ac. LOT 5 AREA--5,700.86 sq. ff. 0.1509 ac. LOT 4 AREA= 5,250.77 sq. ff. 0.0746 ac. TOTAL AREA -- 18,305.66 sq. ff. 0.4202 ac. BUILDING ZONE USE: R-40 Land Surveyor P.O. I~o.( 1951 Riverhead, York (516)727-2090 Fax I 1901 16)722 5095 0 ? 0 rq GO 0 0 0 Z IFI/,LIAM 5VIIBLI','Y &- ,VOT/y.4 SW/BL£}- N 89'09'00" E 100.27' 100' 0 LO~ Z ACT. DEED EEN~E o,., , 0 6'W N 89'09'00" E I ¢1I §- 2 STORY FRAME HOUSE #1270 196' LOT,~'~ CESSPOOL COVER N'O F RICtIARD R. FREYHERR N 89°15'10" E CESSPOOL COVER CESSP©Ot COVER 39 $' ,,I N 89'15'10" 50.02' ACT. 50' DEED 50,02' FENCE og's-- WFU LOCATION FRAME SHED q' ~o ' II BLOC UOR 1 8% CESSPOOL COVLR 84.98' 19.6' S 89'15'10" W , 50.02' S 89'15'10" W 1 50.00' 52.06' ~4 K~Y MAP SCALE 1"=600' APPLICANT: PROPO° FOR l 0 W N SUFFOL.,K TAX ON 'Pi lOMAS McCANTItY PL l Rr ,? SITUATED AT OF SOUTH()', COUN FY, NEW No. 1000-1 SCALE 1"--10' FEBRUARY 28, 1992 ,i) YORK 17-07-08 iA ~W LOT 1 AREA = 4,312.97 sq. ff. 0.0990 ac. LOT 2 AREA = 4.235.24 sq. ft. 0.0972 ac. LOT 3 AREA = 6,154.84 sq. ff. 0.1415 ac. LOT 4 AREA -- 3,60C .61 sq.ft. 0.082'7 ac. TOTAL AREA = 18,305.66 sq.ff. 0.4202 ac. BUILDING USE ZONE: R-40 Land Surveyor (516)727--2090 L'. McCARTH}" JfAL[4GE}IENT THO3£A$ ,L ~£cCARTHY NORTH BARV]E~r ROAD SOUTIfOLD, NE~r YORK 11971 0 E t L '- 21 '0 'P P. ICIIARD R. FEIICE 06'N ' Pipe N 89~15'10'' E N 89°09'00'' E 100.27' ACT. 100' DEED FENC£OI'N'\ iL N 89'0g'00" E 100.27' CESSPOOL COy'ER 't 0 89'09'00" W 90.23" N 89'09'00" E J z CESSPOOL COVER 87' 86' b4' 6fi' 2 STORY FRAME HOUSE #2"n APPNO×IMATE WELL LOCATIO I 90.23' 24 5' ]OT '~ 24 3' o 43.73' £07' I 89,98' 0 i :- S 89°15'10" W N 89'15'10" E LOT 4 x .- HLDGES HLDGE$ ~- 11 JL ],OT 50.02' ACT. 50' DEED 50.02' FENCF 09'S '~1 1 50.00' 60 02' 60,02' 60.02' hr J 52,06'