HomeMy WebLinkAbout4085
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
ACTION OF THE BOARD OF APPEALS
Appl. No. 4085.
Upon Application of ANDREW AND ANN MONACO. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4 for permission
to locate a new dwelling with a setback at less than the required
100 feet from the top of the L.I. Sound bluff. Location of
Property: Corner of the northerly side of Aquaview Avenue and
the easterly side of Rocky Point Road, East Marion, Town of
Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is
substandard in size and is located in an R-40 Zone District.
WHEREAS, a public hearing was held on April 2, 1992, at
which time all those who desired to be heard were heard and their
testimony recorded; and
W~EREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. This is an application appealing the January 22, 1992
Notice of Disapproval by the Building Inspector for a Variance
under Article XXIII, Section 100-239.4 for permission to locate a
proposed single-family dwelling structure within the required 100
ft. setback from the L.I. Sound bluff line as show~ on either
Plan A or Plan B submitted for consideration (and described
below).
2. The subject parcel contains a total lot area of 23,361
and is a corner lot as defined by Section 100-13 of the Zoning
Code with frontage of 100.0 feet along the north side of Aquaview
Avenue and 220 feet along the westerly property line (shown as
Rocky Point Road or Sound Avenue on the plot plan dated
Page 2 - Appl. No. 4085
Matter of ANDREW AND ANN MONACO
Decision Rendered April 2, 1992
January 10, 1992 prepared by Barrett, Lanzisera, Beckman and
Hyman.
3. The land is presently vacant and is owned by the County
of Suffolk. The applicant is a contract vendee pursuant to a
Memorandum of Sale with the County of Suffolk dated November 19,
1991, which has been submitted for the record.
4. The principal dwelling structure is proposed to be
located 63 feet from the outer deck at the most northeasterly
corner and 59+- feet from the closest point at the westerly end
of the dwelling to the bluff line, as shown on Plan
depicted "A." Also submitted for consideration is Plan "B,"
alternatively, for setbacks at 73 feet from the most
northeasterly corner to the bluff line, and at 55 feet between
the westerly section of the house to the bluff line, at its
closest points.
5. Upon inspection, it is was noted that the bluff is
sloping. There is vegetation along the entire bluff and large
boulders (see photographs in file). The area chosen for a new
dwelling will meet the front yard setback of 40 feet at both the
southerly and westerly front yards. The setbacks are greater
than many buildings or structures along this bluff. It will be
necessary for the owner to provide for surface piping and
drywells landward of the house to retain runoff water from the
roof areas.
6. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
7. For the record, it is noted that other agency approvals
or waivers may be necessary and this determination shall not
affect the validity or more stringent requirements by other
agencies (Town Trustees, DEC, County Health, etc.).
8. It is the position of this Board that in considering
this application:
(a) the relief requested is substantial in relation to
the requirements, however, there is no alternative for appellant
to pursue other than a variance due to the nonconformities of the
land and the restrictions by the zoning code regulations in other
yard areas;
(b) the grant of the requested relief will not alter
the essential character of the neighborhood; the area of
Page 3 - Appl. No. 4085
Matter of ANDREW AND ANN MONACO
Decision Rendered April 2, 1992
construction is proposed to be at a setback similiar to and
landward of structural setbacks established in the immediate
areas;
(c) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(d) the difficulties are uniquely related to the land
in question and has not been created by the landowner the
nonconformities of the land preexist the enactment of the bluff
setback regulations adopted in 1985 {and preexists the enactment
of zoning in 1957};
(e) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(f) the variance will not cause a substantial effect
on governmental facilities;
(g) in view of the manner in which the difficulties
arose and in consideration of all the above facts, the interests
of justice will be served by granted alternative relief, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT ALTERNATURE RELIEF for the placement of a
principal dwelling structure under Application No. 4085, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That the setbacks to the bluff line be not less than 60
feet between the westerly portion of the dwelling to the bluff
line, and not less than 75 feet between the northerly line of the
proposed house and the bluff line, all at its closest points; and
2. That there be no physical disturbance to or close to
the bluff area, and that protective hay bales shall be placed.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, and
Villa. Member Goehringer abstained since he is employed with the
Suffolk County Department of Real Estate. Member Dinizio also
abstained (no reason given). This resol
lk
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLEPX
&
Town Cler!~, Town of Souihold
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,
New York 11971, on THURSDAY, APRIL 2,
times specified below:
53095 Main Road, Southold,
1992 commencing at the
1. 7:32 p.m. Appl. No. 4085 - M3~RGARET F. WEIDM3~NN. Special
Exception under the Zoning Ordinance, Article IIIA, Section
100-30A.2(B)(1) and Article III, Section 100-30B(14) for
permission to establish an "Accessory Apartment Use."
Location of Property: 3245 (easterly side) Wells Road, Peconic,
Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7.
2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.4
(100-33) for permission to locate a new accessory garage
building in the front yard area. Location of Property:
Westerly side) Deep Hole Drive,
450
Mattituck, Town of Southold,
Page 2 - Legal Not~
Hearings for April 2, 1992
Southold Town Board of Appeals
NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is
substandard in size and is located in an R-40 Zone District.
3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244,
for approval of an open deck addition with an insufficient rear
yard setback. Location of Property: 450 Maple Lane, Lot No.
81, Map of Cleaves Point, Section 3, Greenport, Town of
Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel
is substandard in size and is located in an R-40 Zone District.
4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239.4 for
permission to locate a new dwelling with a setback at less than
the required 100 feet from the top of the L.I. Sound bluff.
Location of Property: Corner of the northerly side Aquaview
Avenue and easterly side of Rocky Point Road, East Marion, Town
of Southold; County Tax Map Parcel No. 1000-21-2-1. This
parcel is substandard in size and is located in an R-40 Zone
District.
5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B for permission to locate a deck addition with a
setback at less than 75 feet from the bulkhead along Baldwin's
(~4ud) Creek. Location of Property: 950 Strohson Road,
Hearings for April 2, 1992
Southold Town Board of Appeals
Cutchogue, Town of Southold; County Tax Map Parcel No.
1000-103-10-24. This parcel is substandard and is located in
the R-40 Zone District.
6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the
Zoning Ordinance, Article III, Section 100-33 for permission to
located a detached, accessory building in the front yard area.
Location of Property: 6010 Soundview Avenue, Hamlet and Town of
Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11.
7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance
to the Zoning Ordinance, Article III, Section 100-33 for
permission to construct detached, accessory garage building in
the side yard area. Location of Property: South Side of
Oceanview Avenue and North Side of Beach Avenue, Fishers Island,
Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1.
8. 8:03 p.m. Appl. No. 4097 - JOHN G. AND MARIE ELENA BRIM.
Variances to the Zoning Ordinance, Article III, Section 100-33
for permission to locate tennis court with steps and retaining
wall in the side yard and partly in the front yard, and having
an insufficient setback from the front property line and from
the freshwater wetlands, (which will include the removal of an
existing garage presently in the side yard). Location of
Property: Northerly side of Private Road off East End Avenue,
Fishers island, Town of Southold; County Tax Map Parcel No.
Page 4 - Legal Not~
Hearings for April 2, 1992
Southold Town Board of Appeals
1000-4-3-3; also referred to as FIDCO Block 18, Lots IA and lB
as combined, having a total land area of 3.56+- acres in this
R-120 Zone District.
9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP.
Variance to the Zoning Ordinance, Article IX, Section 100-92
and Article XXIV, Section 100-241A, as disapproved by the
Building Inspector, for approval of a permanent rooflike
structure (canopy) over gasoline pump island. The principal
use, gasoline sales with accessory office and necessary inside
storage incidental thereto, is nonconforming in this Hamlet
Business (HB) Zone District. Location of Property: Corner of
the Northerly Side of Main Road (Route 25) and the Westerly Side
of Depot Lane, Cutchogue, Town of $outhold; County Tax Map
Parcel No. 1000-102-5-26.
10. 9:00 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), Greenport,
County Tax Map Parcel Nos. 1000-56-4-24 & 19.
Town of Southold;
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
Page 5 - Legal Not~.
Hearings for April 2, 1992
Southold Town Board of Appeals
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. For more information,
please call 765-1809.
Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Copies have been forwarded to the following on or about 3/17/92:
L.I. Traveler-Watchman, Inc. (fax transmission)
Times-Review (fax transmission)
Individual Files and Board Members
Town Clerk Bulletin Board
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ....~...O-2:L~....o~..... J .{, .... 19 ~;~.
Locationoferoperty ~-7~b"Z)'xJ~o~ I~..~. ~ ~ ~,,.- , ~ ~ ~- . *
h3~; ~'o ........ 'J .............kt~~ ~..-~ ~... ~J ~
' ~t Hamlet
Eo~w T~x M~p No. [000 Section ...~. ~ ~ ...... ~loc~ ..... ~.~ ..... Lot . .~ .[ ........
Subd[v~s[o~ ................. FHcd ~p Ho ................. ~ot ~o ..................
....
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, b~ ~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ~/~-/~'Z-
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~, (we) ..... .A..~.d.~.e.~...~....A..un..~lg~.~ ............... of .,9.....C.~.~.~f...~.~.v...e ............................................
Nome of Appellant Street and Number
.................... ~.~,D~...~.~C[ ....................................................... .1~.,.~^ ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... [.~..~.~.~.~. ................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Andrew & Ann Monaco
Name of Applicant for permit
of
....... .% ...g.~L & £.[..D.i:£v. ~. .............. K. j-.ng~...E~x.k ................... ]$,.X., .........................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to construct a One Family Dwelling
· . East
1. LOCATION OF THE PROPERTY ~.C..9.~.n...e.~.°.~[~..~..q.c.~.~X~..~.~.{~.~...d....~.~Ag..~.~.~.~'~¢~..~AXD.~Mar~n
Street /Ham]et / Use District on Zoning Map
District lO00 Section 021Block02 LotO1 ~ rent ,
............................................................ cur Owner ~uffolk Count. v
Map No. - Lot No. Pti or Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.)
Article 1000 Section 239.4
3. ~'PE OF APPEAL Appeal is mode herewith for (please check appropriate box) A VARIANCE to the 7nning Ordir~nce or Zoning Map
A VARIANCE due to lack of access (State of New York Town Lew Chap. 62 Cons. Lews
Art. 16 Sec. 280A Subsection 3
Relief of set back from L.I. Sound Bluff
4. PREVIOUS APPEAL A previous appeal (has)(~ been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
J ) request for a variance
and was made in Appea! No ................................. Dated ............................. ~ ........................................
REASON FOR APPEAL
( ) ~A Variance to Section 280A Subsection 3
(v~A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZB! (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce pmctical difficulties or unneces-
saw HARDSHIP because
It would make the parcel of land unbuildable. The depth of the lot to
the Bluff is only 110' on the west increasing to 151' on the east. Under
the R-40 Zoning requirements which calls for a set back of 40' from the
street, (2 sides because this is a corner lot) ~his~ limits the house
width to 45' Taking into account a home with a depth of 30', (which
is considered minimal under standard home construction) this will leave
only 55' to the Bluff at the closest point increasing to 73' at the furthest
point.
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
The hardship is not unique to the area. Two vacant Parc'els to the easl
will allso need relief when the owner's decide to build, and further east
on Aqua View Ave. there are many homes which are as close as'30' to the
Bluff.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE Dl:~i ~,ICT because
The precedent has been set by the many homes in the area which are closer
then the 100' set back from the Bluff.
STATE OF NEW YORK )
COUNTY OF
SS
Signature
Sworn to this .......... Z./.. ............................. day of ...... ~~ ............................. 19 ~'~---
, TOWN OF SOUTHOLD PROPERTY RECORD CARD
/a. .:; / -- z - / /'I - ,/2_
--OWNER. STREET VILLAGE DIST. SUB.
~ '
- - l W ~ ~PE OF BUILDIN6
RES. S~S. VL. ~/~ FARM CO~. CB. MICS. Mkt. Value
~ND IMP. TOTAL DATE R~KS
AGE BUILDING CONDITION
N~ NCR~L BELOW ABOVE
FARM Acre Volue Per V~lue
Tilloble FRONTAGE ON WATER /~ /¢¢ ¢ ,
W~lond FRONTAGE ON ROAD /~ / ~ ~
Meodow~d DEPTH . ~ ~ O %
H~se Plot BULKH~D
D~K
The ofl,~sof dimef~s~s s~vmlro~ ~e str~ures ~othe P~'OGe~Y
use ~m2tme~om a~e ~alle~-
- TI~ e~i~ence ol ~y
SUFFOLK OF k~<E
~PLICANT ~
o
st~. FD~ _ I00.00~---~'~ S 77'/9'50"
CERTIFIED TO
· SURVEY OF DESCRIBED PROPERTY
SUFFOLK COUNTY TAX MAP
.D/STRICT I000
SECT/ON
BLOCK ~.
LOT I
C~msulting Engineers .mi Laml
LOCATED IN EAST MARIOI~, TOWN ~ $OUTHOLD, sUFF'OI..K COUNTY, N~W YORK
~ 125 Church Street · 1001 Middle Count~/Road
Matveme, NY 11565 Ridge, NY 11961
TEL; (516)599-3663 TEL: (516)924-3230 ,,
FAX: (516)593-8160 FAX: (516)924.3557 '
DA T~: DEC. II, 1991
SURVEY NO. K6016
~H L'E NO.
k~es ate f~ a speok; pvrposa and use axithe~efme 4re nol mte~d- Oh~Ocds~ot
ed to ~um the ete~m el fences, retanmg wa!is ~)ols. Datlos.
ILDLI I'~J NO.
TO TEE, ST ~,~
COUNTY
SERVICES.
APPLICANT
p~o~
CERTIFIED TO
Ce~ticatie~$ indicated h~.ee~ ~nify that th,s sumey
wqLs p(epared m accordance with the e~ist~ Co~e M
Practice k~ La~d Su~ws ade~ by the New YOm State
AREA · ~..;7.361 ,,e. lr.
Urmutho~ged aitetatk~ tx a~ to a s~my map b#r.
mga #ce~ed la~ Su~,l~'s seal,s a v~apon of sec-
ten 7209, sub-d~wS~l 2, of the New York State E(luce-
SURVEY OF ~:)E$CRIB'ED PROPERTY
SUF'F'OLI'~ COUNTY TAX
· D/STRICT I000
SEC T70N
BI_ OCK
LOT I
(~)nudt/ng En,em eer.~ aad Lam/
LOCATED IN EAST IVI~RIOI~ TOVV'IV OF
SUFFOL.~ C~ N~W YO~K
PLOT PLAN ~',~/. ~
FINAL LOCATION
[] 125 Church Street · 1001 Middle Country Road
Malverne, NY 11565 Ridge, NY 11961
TEL: (516)599.3863 TEL: (516)924-3230
FAX: (516)593-8160 FAX: (516)924-3557
DA TE' DE~ I~ 19~1
SCALE 1 IN. = ,.~0' SURVEY NO. K601~
IIA qhAII qlll'l'III Ii III II[l*lllllllllll
DEPARTMENT Of PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFfNEY
SUFFOLK COUNTY EXECUTIVE
ARTHUR H. KUNZ
DIRECTOR Of PLANNING
May 5, 1992
Town of Southold
Zoning Board of Appeals
Applicant: Andrew & Ann Monaco
Mun. File No.: 4085
S.C.P.D. File No.: SD-92-6
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: Alternative relief appears warranted as set forth to maximize bluff
setbacks.
Very truly yours,
Arthur H. Kunz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. NEW YORK I 1788 · (516) B53-5 192
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
Purstu3nt to ;Lrti~le ~ZrV of the SuffoLk County Ad~strative. Cc~e, The
Board of Appe~s of the 2~dn of ~uthold, New York, here]Dy refers the follc~ing
t~ the Suffolk ODunty Plal~g Cum.~ssion:
xx Variance from the Zoning Code, Article 1000 , Section239.4
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4085 Applicant: Andrew and Ann Monaco
Location of Affected Land: Aquaview Ave & Rocky Point Road, East Mation,
County Tax Map Item No.: 1000-21-2-1
Within 500 feet of:
__ 'Town or Village Boundary Line
xx Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Comments:
~00 feet of L.I.
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
. Within One Mile of a Nuclear Power Plant
__ Within One Mile of an Airport
Applicant is requesting permission/to locate new dwelling within
S~und bluff
~"O-pies of Town
Dated:
5/1/92
file and related documents enclosed for your review.
NY
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 AOnJ-nistrative. Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning C~m,~ssion:
xx Variance from the Zoning Code, Article
1000 , Section239.4
__Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
, Section
__Special Permit
Appeal No: 4085 Applicant: Andrew and Ann Monaco
Location of Affected Land: Aquaview Ave & Rocky Point Road, East Marion,
County Tax Map Item No.: 1000-21-2-1
Within 500 feet of:
. "Town or Village Boundary Line
.."xx Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Comments:
gOO feet of L.I. S~und bluff
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
· Within One Mile of a Nuclear Power Plant
__Within One Mile of an Airport
Applicant is requesting permission.'to locate new dwelling within
and related
~-6~.oies of Town file
Dated:
5/1/92
documents enclosed for your review.
NY
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
SCOTP L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 28, 1992
Mr. and Mrs. Andrew Monaco
9 Cliff Drive
Kings Park, NY 11754
Re: Appl. No. 4085 (Zoning Variance)
Dear Mr. and Mrs. Monaco:
Please find attached a copy of the Findings and
Determination rendered by a quorum of the Board concerning the
above application.
Please be sure to return to the Town Trustees, N.Y.S.
Department of Environmental Conservation, Suffolk County
Department of Health Services, the Southold Town Building
Department (and any other agency) which may have jurisdiction
before co~encing building activities. Copies of this
determination have also been furnished this date to the Building
Department and the Town Trustees for their update and permanent
recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Southold Town Building Department
Southold Town Trustees
Suffolk County Department of Planning
Page 10
Public Hearing
Southold ZBA April 2,
1992
Appeal # 4085
Applicant(s): Andrew and Ann Monaco
Location of Property: Corner of the northerly side Aqueview
Ave. and East side of Rocky Point Road
East Marion, NY
County Tax Map No.: 1000-21-2-1
The Chairman opened the hearing at 8:00 p.m. and read the
Notice of Hearing and application for the record.
CHAIRMAN GOEHRINGER: Can I ask you to use the mike. I should
point out for the record that I know this gentleman before me
because I do work for the organization of which he is a contract
vendee to purchase this property.
ANDREW MONACO: If I may approach the dias, I can hand this
out to the Board members so, give each a copy and it will be a
little easier for me to explain what I am trying to do here.
CHAIRMAN GOEHRINGER: In qualifying my statement of what I
just said, Mr. Monaco came to the Suffolk County auction and
purchased this particular piece of property at public auction.
Isn't that correct?
MEMBER VILLA: Are you the Monaco that is a builder?
MR. MONACO: That would be my father.
CHAIRMAN GOEHRINGER: Before you start again, let me just ask
is there anybody here that has any objection to my sitting on
this particular case. I see no particular problem with it, but
if there is, gentlemen, anybody? Okay, continue sir.
MR. MONACO: As the Chairman made everybody aware, this parcel
was purchased from a Suffolk County owned land auction. I don't
know if anybody is familiar with the terms so I will bring
everybody up to date. How the contract reads. They called it
a memorandum of contract, I guess it is a better word of saying
it. Basically, I am tied into this, there is no out for me on
this lot. They asked you to do your homework. Prior to auction-
ing the parcel, I went down to the Town of Southold and spoke to
the Building Department and Mr. Lessard and the Planning Dept.,
the Health Dept., as a matter of fact we were given Board of
Health approval on this lot today. Mr. Charlie Griggons called
me at 4:00 and we were granted a conditional approval on the
showing, as you see it on your survey, with a distance of
Page 11
Public Hearing
Southold ZBA April
2, 1992
MR. MONACO (con't.): a hundred to a hundred and ten feet
between the well, which would be on the corner of Aquaview and
Rocky Point Road, and the cesspool which would be located in the
rear of the property. So we do have Board of Health on it. I
will talk numbers only because I want everybody to be aware of
what I have in this site, currently I have about thirty-five
thousand dollars ($35,000.00) in this parcel right now. If I do
not elect to close on the property, I have no out.
Prior, again, to going to the auction I was assured that the
plot was buildable. It goes back to 1931 single and separate
back to 1931 and we are asking for a set back varience from the
bluff. We conform to all other variences on the lot, that being
the two (2) front yards because there is a corner, the side
yard, which is only. My mistake, when I originally proposed,
you will see the first survey that is not marked in yellow, I
was under the impression that if I went for a varience
and we were asking for a fifty-five (55) foot varience, that was
at the closest point where you will see the bluff line comes in
and starts heading south before she starts heading west again.
That is the closest proximity point to the bluff. My wife and I
don't plan on building for about five (5) years. Basically,
what I am trying to do here is before I close within a few
months, is to assure myself that I have a buildable plot. So
when I was asked to apply a house here, we had not met with an
architect, we don't know what are needs are going to be in four
or five (4 or 5) years. So I tried to come in here and for my
own protection, I don't want to be that close to the bluff
either. Back, if you take the property line that is on Rocky
Point Road and heads from south to north, heading towards Long
Island Sound. Back in 1912 there was a stake that was put on
that property line, that distinguished the property line at the
edge of the bluff. That stake is no longer in existence.
Approximately, according to my surveyor, ten (10) feet of the
bluff at that point has eroded since 1931. Again, if you look
at Rocky Point Road, when I purchased this piece of property,
normally your road, edge of pavement, you normally have another
eight or ten (8 or 10) feet to the property line, like you would
if you see across Aquaview Road. You will see stake edge of
pavement and you will see the property line that is set in at
ten (10) feet. W"nen I first looked at this property and again
without having a surveyor or an engineer check it out, you will
see on Rocky Point Road, as you head towards the bluff, or what
would be the guard rail, the pavement actually comes into the
property line and the guard rail and the fence actually is on,
not on the property line, but just touching the edge of the
westerly property line. Am I clear, is everybody seeing what I
am trying to point out here? The reason that I am bringing this
out, is that I have been in touch with Mr. Jacobs and I am
Page 12
Public Hearing
Southold ZBA April 2,
1992
MR. MONACO (con't.): sure you people have been out to the
site. I thought that the property would start eight to ten (8
to 10) feet in from that edge of pavement. That would bring me
away from that gully that is coming in. Evidently, that is a
foot path or gully from people over many, many years walking
down to the beach has eroded away that gully. And it has
affected this parcel of land. There is erosion and is
encroaching on the land because of that. I have met with Mr.
Jacobs, I had sent him pictures, he has gone down, he has looked
at the site. Last time I saw him was about thirty (30) days ago
in his office and he promised me within sixty (60) to ninety
(90) days that that situation would be taken care of. And I
told him that I was going to tell Board. Again, I am looking for
my own self protection here. I have a lot of money. I paid 155
for the parcel of land, so that is not that I bought it cheap,
by any means and so I want the Board to be aware that there is
an erosion problem at the end of Rocky Point Road and I have
been assured by the Superintendant of Highways that it will be
corrected. Whether I have just opened up a can of worms and
blown myself out of the water, I don't know, but I just feel it
is safe to lay all the cards on the table now, and at least I
will be protected. What I am asking for is if you look at the
piece that is marked up in yellow, you will see a fifty-five
(55) foot radius line. In the last couple of days, since I have
called your Planning Dept. and I found out that basically, if a
varience was granted by the Board they would grant it according
to the foot print that I proposed. And again, that was just a
rectangle that was put on there, it is not a very big house,
thity (30) by forty-five (45). So what I have proposed is to, I
would like to maintain the fifty-five (55) foot radius, if I
could, only in case of any future erosion in five or six (5 or
6) years of whatever that I am still covered by the fifty-five
(55) feet from that point. If Mr. Jacobs fills that gully, like
he does and the house is going to be set back further than the
fifty-five (55) feet because that gully will be filled. That
gully actually comes around and starts heading back out again,
almost to the point where you see approximate top of bluff, to
the west of that. It is an indentation that goes in then goes
out again. What I am looking for, if possible, is instead of on
the first submittal of the rectangle, it had shown, I believe,
seventy-three (73) feet to the deck. And I am now asking for
sixty-three (63) feet to the deck. Mr. Lessard had pointed out
to me, that the deck can be campimetered by three or four (3 or
4) feet, which can add, give us three or four (3 or 4 ) feet, if
we can only get sixty (60) foot setback from the bluff. That
campimeter is allowable, unless I misunderstood him, that is the
way I am reading it.
Page 13
Public Hearing
Southold ZBA April
2, 1992
CHAIRMAN GOEHRINGER: Not in reference to setback, but...
MR. MONACO: No, would that be considered to the structure, to
the piers or the supports of the deck.
CHAIRMAN GOEHRINGER: Well anything overhanging is still air
MR. MONACO: Okay, so then I would be asking for sixty-three
(63) feet to the deck, at that point.
CHAIRMAN GOEHRINGER: Two (2) particular questions here Mr.
Monaco. Your required set back from Aquaview Avenue is
thiry-five (35) feet, alright, you chose to go forty (40).
MR. MONACO: No, its forty (40) feet.
CHAIRMAN GOEHRINGER: It is forty (40) feet.
MR. MONACO: If I may show you a picture...
CHAIRMAN GOEHRINGER: There is no established setback on
Aqueview Avenue? You did ask the Building Department?
MR. MONACO: Yes, forty (40) feet, it's to code. If the Board
and Mr. Chairman would look at that picture of mine, that is the
corner of the property. My concern is that, and I was told that
I may be asked, if you would accept the house being brought up
closer than the forty (40) foot. My concern is this, Rocky
Point Road, it is not a busy road, except for during the summer,
when it is in use here. And I understand that there is a lot of
problems here with people parking and going down to the bluff.
This is all things I found out after. And I guess it is
something that I am going to have to live with when the time
comes. I have also been, even though I haven't closed on it, I
have been maintaining this stretch of road here, going down once
every two weeks cleaning up the debris. I have painted the
guard rail, I have cleaned it up for the Town, for myself. My
concern is the garage would actually be over here on this side,
with a thirty-five (35) foot setback, I am concerned with people
cutting the corner, I have young children. I feel that the
further I can set the house back, and I would like to stay with
the zoning requirement of forty (40) feet, so that my children
or anybody playing in there are not up by the street. So I
could fit two cars in the driveway, so if I could maintain
forty (40) foot, I would appreciate that sir.
CHAIRMAN GOEHRINGER: The other thing that I should point out
to you in situations like that where decks are required by
Page 14
Public Hearing
Southold ZBA April 2,
1992
CHAIRMAN GOEHRINGER:
yourself, okay, not necessarily by this Board, sometimes we make
decisions exclusive of decks. And after the structure or the
the dwelling is built, then we ask you to come back. Okay. And
we do that for two (2) specific reasons. Number "1", there may
be a need to readdress the rear yard area, okay with reference
to a topigraphical situation, alright, where we may get an
evaluation from Soil and Water Conservation, we may ask our own
Town Engineer to go down and so on and so forth. Secondly, you
should bear in mind that there are times also on these bluff
front lots, that we ask that the deck not be attached to the
house at all, that it be free standing. So if you.see a
decision from this Board, okay, exclusive of the deck, don't
necessarily be concerned, that does not mean that we are not
granting the deck at this time, it very simply means that we
would rather take another look at the property after the
dwelling is constructed and then...because we do, we have
subdivisions in this specific area, one of which is Pebble
Beach. There is a significant amount of decks that are always
granted within that one hundred (100) foot setback area in the
Pebble Beach area. And we have have, primary and secondary lips
of bluffs throughout that particular subdivision that we are
familiar with and so on and so forth. I thank you for the
presentation and we will see if there are any questions, if
there aren't any other questions, then we will inform you of
that prior to the closing of the hearing. If you say anything
you think about prior to the closing of the hearing, let us know.
MR. MONACO: Okay, thank's for your time.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to
speak in favor of this application? Anybody like to speak
against the application? Any questions? Robert?
MEMBER VILLA: Yes. The question I had was, you said you had
Health Department approval for the septic tank, which one.
MR. MONACO: Okay, I'm sorry. They are requesting one hundred
and ten (110) feet apart. MY understanding of the law is that I
must be twenty-six (26) feet away from the bluff, this is what
I was told by the Building Dept.
MEMBER VILLA: So it is the one mark up in yellow.
MR. MONACO: Yes, that is correct sir. I am showing fifty
(50) feet from the edge of bluff to the cesspool as proposed.
Now it is a very rocky area, so I am going to need some lateral,
we may hit a big rock there and that pool may have to be moved.
A hundred feet is the minimum that the Health Department will
allow, the distance between the cesspool and the well. And that
Health Dept. permit was given on conditional approval.
Conditional in that the well, when it is driven down gets water
Page 15
Public Hearing
Southold ZBA April 2,
1992
CHAIRMAN GOEHRINGER (con't): the dwelling is built, then we
ask you to come back. Okay. And we do that for two (2)
specific reasons. Number "1", there may be a need to readdress
the rear yard area, okay with reference to a topigraphical
situation, alright, where we may get an evaluation from Soil and
Water Conservation, we may ask our own Town Engineer to go down
and so on and so forth. Secondly, you should bear in mind that
there are times also on these bluff front lots, that we ask that
the deck not be attached to the house at all, that it be free
standing. So if you see a decision from this Board, okay,
exclusive of the deck, don't necessarily be concerned, that does
not mean that we are not granting the deck at this time, it very
simply means that we would rather take another look at the
property after the dwelling is constructed and then...because we
do, we have subdivisions in this specific area, one of which is
Pebble Beach. There is a significant amount of decks that are
always granted within that one hundred (100) foot setback area
in the Pebble Beach area. And we have have, primary and
secondary lips of bluffs throughout that particular subdivision
that we are familiar with and so on and so forth. I thank you
for the presentation and we will see if there are any questions,
if there aren't any other questions, then we will inform you of
that prior to the closing of the hearing. If you say anything
you think about prior to the closing of the hearing, let us know.
MR. MONACO: Okay, thank's for your time.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to
speak in favor of this application? Anybody like to speak
against the application? Any questions? Robert?
MEMBER VILLA: Yes. The question I had was, you said you had
Health Department approval for the septic tank, which one.
MR. MONACO: Okay, I'm sorry. They are requesting one hundred
and ten (110) feet apart. MY understanding of the law is that I
must be twenty-six (26) feet away from the bluff, this is what
I was told by the Building Dept.
MEMBER VILLA: So it is the one mark up in yellow.
MR. MONACO: Yes, that is correct sir. I am showing fifty
(50) feet from tk~ edge of bluff to the cesspool as proposed.
Now it is a very rocky area, so I am going to need some lateral,
we may hit a big rock there and that pool may have to be moved.
A hundred feet is the minimum that the Health Department will
allow, the distance between the cesspool and the well. And that
Health Dept. permit was given on conditional approval.
Conditional in that the well, when it is driven down gets water
Page 16
Public Hearing
Southold ZBA April 2,
1992
MR. MONACO (con't): at forty (40) feet and that is just
another forty (40) foot distance at eighty (80) feet actually.
But there is forty (40) foot distance between the top of the
soil and the water. If that does not happen when we do our test
well, then you have to have one hundred and fifty (150) feet.
As you can see, I can't put one hundred and fifty (150) feet
anla4here on this lot between the well and the cesspool. At that
time I would have to go back for a varience at the Health Dept.
for the the hundred foot. Because one hundred and ten (110)
gives me a little bit more lead way and actually the furthest I
can get it away, the cesspool from the well, the safer I would
feel. My concern also was that there may be a problem with the
cesspool in the rear year. Mr. Lessard told me that that was
not a problem. The Health Dept. because of the down hill
gradient towards the Sound recommends that the well be put
upgrade of the cesspool so that you get no leaching down to the
well from the cesspool.
MEMBER VILLA: Well,
water flow basically,
lot.
it is your direction that your ground
it is not the grade of the soil, of the
MR. MONACO: Well, that is the grade, the direction of the
ground water.
MEMBER VILLA:
it.
I was just curious which one, because one has
MR. MONACO: Well, they will accept one hundred (100) feet by
the marks on here, we proposed one hundred and ten (110) feet
here and they will accept one hundred (100) feet.
MEMBER VILLA: Okay, thank you.
CHAIRMAN GOEHRINGER: Okay, any other further questions?
Hearing no further questions, I will make a motion closing the
hearing, reserving decision until later.
MEMBER GRIGONIS: Second.
Ail in favor -- AYE.
End of hearing.
(Trah~c~ibed by tapes recorded 4/2/92)
Z/Ii'
0~1
LOT i
PROPERTY
EAST ~ TOI, VN OF sOUT'HOLD.
~4.FFOL.K COUNT~. A~"W YO~K
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Jan:res 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
March 5, 1992
S,E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4085
Project/Applicants:
County Tax Map No.
Location of Project:
Andrew and Ann Monaco
1000- 21-2-1
5650 Rocky Point Rd. & 65 Aquaview ·
East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct one-family dwelling within 100' of sound cliff
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 6t7.13 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
NOTICE OF HF~R1NGS
NOTICE IS HEREBY GIVEN,
~ursuant to Section 267 of the Town
~aw and thc Code of the Town of
~outhold, the following matte~ will
~e held for public hearings besom the
;OUTHOLD TOWN llOARD OF
\PPEAI3 at the Southold Town
tall, 53095 Main Road, Southold,
%w York 11971, on THURSDAY,
~PRIL 2, 1992 commencing at the
imes specilied below:
I. 7:32 p.m. Appl. No. 4088 --
MARGARET F. WEIDMANN.
5pccial Exception under the Zoning
30A.2(B)(1) and Article ]IR, Section
100-30B(14) for permission to estab -
Location of Property: 3245 (easted~b)'
~ide) Wells Road, Peconin, Town Of
Southold, NY; County Tax Map par-
cci No. 1000-86-2-7.
2. 7:35 p.m. AppL No. 4089 --
EVELYN P. TURCHIANO. Vari-
~A, Section 100-30A.4 (100-33)for
garage building in the front yard m~a.
Location of Property: 450 (Westerly
side) Deep Hole Drive, Mattituck,
Town of Southold, NY; County Tax
Map Parcel No. 1000-115-12-5. This
parcel is substandard in size and is
located in an R-40 Zone District.
3.7:40 p.m. AppL No. 4087.-
BART AND CHRISTINE
RUROEDE. Varianc~ to the Zoning
Ordinance, Article XXIV, Section
100-244, for approval of an open,~
deck addition with an insufficient
rear yard setback. Location of prop-
erty: 450 Maple Lane, Lot No. 81,
Map of Cleaves Point, Section 3,
Grcenpots, Town of Southold;
County Tax Map Parcel No. 1000-
35-5-6. This parcel is substandard in
siz~ mrd is located in an R-40 Zone
Dhtrict.
4.7:45 p.m. AppL No. 4085 --
ANDREW AND ANN MONACO.
Variance to the Zoning Ordinance,
Anicla XXIII, Section 100-239.4 for
permission to locate a new dwelling
with a setback at less than the re-
qui~d 100 f~et from the top of the
L.L Sound bluff. Location of Prop-
erty: Comer of the northerly side
Aquavinw Avenue and easterly side
of Rocky Point Road, East Mario?.~
Town of Southold; County Tax Map
Parcel No. 1000-21-2-1. This parcel
is substandard in siz~ and is located
in an R-40 Zone Disttio.
5.7:50 p.m. Appl. No. 4096 --
PAT AND ROSEANNE IAVA-
RONE. Variance to the Zoning
Ordinance, Article XXHI, Section
100-239.4B for peninssion to locate
a deck addition with a setback at less
than 75 feet from the Ixtlkhead along
Baldwin's (Mud) Creek. Location of
Property: 950 Strohson Road,
Cutchogue, Town of Southold;
County Tax Map Parcel No. 1000-
103-10-24. This pa~ce.l is substandard
and is located in the R-40 Zone Dis-
Zoning Ordinance, Article 1~, Sec-
tion 100-33 for p~l~sion to locate a
detached, acces~building in the
front yard a~ Lo~atioo of Propany:
6010 Soundview Avenue, H~,nlet
and Town of Sonthold, NY; County
Tax Map Parcel No. 1000-59-8-5.11.
7. 8:00 p.m. Appl. No. 4094 --
ANITA MACRAE FEAGLES. Vati-
ance to the Zoning Ordinance, Article
ft~, Section 100-33 for permission to
construct detached, accessory garage
building in the side yard area. Loca-
tion of Property: South Side of
Oceanvinw Avenue and North Side
of Beach Avenue, Fishers Island,
Town of Southold; Cotmty Tax Map
Parcel No. 1000-9-11-2.1.
8. 8:03 p.m. AppL No. 4097
JOHN G. AND MARIE ELEN,(
BRIM, Vatiances to tbe Zoning or-
dinance, Article I~ Section 100-33
with staps and retaining wall in the
side yard and partly in the front yard,
and having an insufficleat setback
from the fr~t pmpany line and from
the freshwater wetlands, (whinh will
include the removal of an existing
garage presently in the side yard).
Location of Pr~pet~y: Northerly side
of Ptivate Road off East End Avenue
Fishers Island, Town of Southold
County Tax Map Parcel No. 1000~-
18, Lots lA and lB as combined,
having a total land area of 3.56:k
acres in this R-120 Zone l)isttic~.
9. 8:10 p.m. AppL No. 4037 --
METRO/80~ REALTY CORP, Vati*
ance ~o the Z,:~ning Ordinanoa, A~cle
LX, Section 100-92 and Ar~cla
XXIV, Sec~on I00-241A, as disap.
proved by the llltllding/nspactor, for
approval of a pe~nanent rooEike
structure (canopy) over gasoline
pump island. The ptincipal use,
gasoline sales vAth accesso~ office
Hamlet Business (~B) Zone Distdc~
Location of Prope~y: Comer of the
Northerly Side of Main R~ad (Route
25) and the Westerly Side of Depot
Lane, Cutchogue, Town of Southold;
County Tax Map Parcel No. 1000-
STATE OF NEW Y~) SS:
COUNTY OF SUFFOLK)
~"~./~ ~L. CO'v~ ~.~i v~ of Mattituck, in
~[d Count, being duly ~orn, ~ys that he/she ~ Principal
Clerk of THE SUFFOLK TIMES~ a Weekly Newspaper~
publbhed at Mattltuc~ In the Town of Southold, ~unW of
Suffolk and State of New York, and that the Hotlce of which
t~ annexed ~ a pfint~ co~, ~s b~n regula~ ~bli~ed in
said Newspaper once each week for ~ weeks
s~c~gsslvely, commencing on the [~ day of
Principal Clerk
Swom to before me this
Secfi~ 100-31 A & B, ~ues~g
Pm~ny: No~ Side nf M~ R~
(S~ Route ~), G~, To~ of
Nos. 1~-5&~24 & 19.
~e B~ of A~s ~ at s~d
~no~ ~ ~e ~nclusi~ of ~e subject
765-18~.
Dated: Ma~ 17, 199Z
BY O~ OF ~E SO,OLD
TO~ BO~ OF APPEA~
GE~ p. GOE~G~
cH~
7333.1~19 BY ~da Kowg~
!~o 4895257
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,
APRIL 2, 1992 commencing at
the times specified below:'
1.7:32 p.m. Appl. No. 4088--
MARGARET E WEIDMANN.
Special exception under the
Zoning Ordinance, Article IliA,
Section 100-30A.2(B) (1) and
Article Ill, Section 100-30B(14~
for permission to establish an
"Acc~sory Apartment Use.:'
Location of Property: 3245
(easterly side) Wells Road,
Peconic, Town of Southold, NY:
County Tax Map Parcel No.
1000-86-2-7.
2. 7:35 p.m. Appl. No. 4089---
EVELYN P. TURCHIANO.
Variance to the Zoning Ordi-
nance, Article IIIA, Section
100-30A.4 (100-33) for permis-
sion to locate a new accessory
garage building in the front yard
area. Location of Property: 450
(westerly side) Deep Hole Driw
Mattituck, Town of Sonthold
NY; County Tax Map Parcel Nc
1000-115-12-5. This parcel is sub-
standard in size and is locate~l.~
in an R-40 Zone District.
3. 7:40 p.m. Appl. No. 4087
--BART AND CHRISTINE
RUROEDE. Variance to th/~
Zoning Ordinance, Article
XXIV, Section 100-244, for ap-
proval of an open deck addition
with an insufficient rear yard
setback. Location of Property:
450 Maple Lane, Lot No. 81,
Map of Cleaves Point, Section
3, Greenport, Town of
Southold; County Tax Map Par-
eel No. 1000-35-5-6. This parcel
is substandard in size and is
located in an R-40 Zone District.
4. 7:45 p.m. Appl. No. 4085--
ANDREW AND ANN
MONACO. Variance to the
Zoning Ordinance, Article/
XXIII, Section 100-239.4 for
permission to locate a new
dwelling with a setback at less
than the required 100 feet from
the top of the L.I. Sound bluff.
Location of Property:Corner of
the northerly side Aquaview
Avenue and easterly side of
Rocky Point Road, East
Marion, Town of Southold;
County ~ax Map Parcel No.
1000-21-2-1. This parcel is sub-
standard in size and is located
in an R-40 Zo~istrict.
5.7:50p.m. A]~'L No. 4096-- COUNTY OF SUFFOLK
PAT AND ROSEANNE IAVA-
RONE. Variance to the Zoning
Ordinance, Article XXIII, Sec-
tion 100-239.4B for permission
to locate a deck addition with a/
setback at less than 75 feet from
the bulkhead along Baldwin's
(Mud) Creek. Location of Pro-
perty: 950 Strohson Road, Cut-
chogue, Town of Southold;
County 'Pax Map Parcel No.
1000- 03-10-24. This parcel is
substandard and is located in the
R-40 Zone District.
6. 7:55 p.m. Appl. No. 4095--
DENNIS DAVIS. Variance to
the Zoning Ordinance, Article
III, Section 100-33 for permis-
sion to locate a detached, acces-
sory building in the front yard
ama. Location of Property:. 6010
Soundview Avenue' Hamlet and
Town of Southold, NY; County
S'I'ATI': OF NEW YORK
ss:
Patricia Wood,' being duly sworn, says that she is thc
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
ii public newspaper printed at S.outhold, in Suffolk County;
and Ihat thc noticc of which tl~e annexed is a printed copy,
ha~ hcen .oul~lishcd in said I. ong Island 'l'r;~velcr. Walchm;H~
once eachwcck for. ...................... ~.., weeks
Oucccssivcly, commencing on the / ~ ~
8.5.11.
7. 8.'00 p.m. Appl. No. 4094---
ANITA MACRAE FEAGLES. I
.c, worc~ Io hcforc me this., .................... (lay of
Variance to the Zoning Ordi-
nance, Article 1II, Section
100-33 for permission to con-
struct detached, accessory
garage building in the side ~,ard
area. Location of Property:
South side of Oceanview Avenue
and North Side of Beach Ave-
nue, Fishers Island, Town of
Southold; County Tax Map Par-
cel No. 1000-9-11-2.1.
8. 8:03 p.m. Appl. No. 4097--
JOHN G. AND MARIE
ELENA BRIM. Variances to the
Zoning Ordinance, Article III,
Section 100-33 for permission to
locate tennis court with steps
and ~taining wail in the side,
yard and partly in the front
yard, and having an insufficier~t
setback from the front proper-
ty line and from the freshwater
wetlands, (which will include the
removal of an existing garage
presently in the side yard). Loca-
tion of Property: Northerly side
of Private Road off East End
Avenue, Fishers Island, Town of
Southold; County Tax Map Par-
eel No. 100(~4-3-3; also referred
to as FIDCO Block 18, Lots IA
and lB as combined, having a
total land area of 3.56 + acres in
this R-120 Zone District.
9. 8:10 p.m. AppL No. 4037--
METRO/808 REALTY CORP.
Variance to the Zoning Ordi- i.~
nance, Article IX,
100-92 and Article XXIV, Sec-
tion 100-241A, as disapproved
by the Building Inspector, for
approval of a permanent
roofiike structure (canopy) over
gasoline pump island. The prin-
cipal use, gasoline sales with ac-
cessory office and necessary in-
side storage incidental thereto, is
March
........................ 1992
Notary Public
BARBARA A. SCHNEIDER
NOIARY PUBLIG, st=re ol New York
No. 4806846
Qualified in Suffolk Co~nty/
Commission ~xpires
nonconfdrming in this Hamlet !
Business (HB) Zone District.
Location of Property: Comes of '
the northerly side of Main Road
(Route 25) and the westerly side
of Depot Lane, Cutchngue,
Town of Southold; County Tax:
Map Parcel No. 1000-102-5-26.
10. 9:00 p.m. Appl. No. 4091
--EUGENE M. LACOLLA. ~,0
Variance to the Zoning Ordi¢~
nance, 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-residen-i.
tlal. Location of Property: north
side of Main Road (State Route
25), Orcenport, Town of
Southold; County l~x Map Par-
cel Nos. 1000-56-4-24 & 19.
The Board of Appeals will at
said time and place hear any and
all persons or representatives de-
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 i~/
above. For more informariom,
please call 765-1809. ·)'
Dated: March 17, 1992.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
IX, 3/19/92
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
scour 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
Copies of Legal Notice mailed on 3/18/92 to the following:
Mrs. Margaret F. Weidmann
3245 Wells Road
P.O. Box 221
Peconic, NY 11958
Mrs. Evelyn P. Turchiano
450 Deep Hole Drive
Mattituck, NY 11952
Mr. and Mrs. Bart Ruroede
P.O. Box 433
Greenport, NY 11944
Mr. and Mrs. Andrew Monaco
9 Cliff Drive
Kings Park, NY 11754
Mr. Peter Podlas, R.A.
P.O. Box 285
Remsenburg, NY 11960
(Ref. Ivarrone)
Mr. and Mrs. Dennis Davis
P.O. Box 226
Peconic, NY 11958
Mr. Cuyler M. Feagles
79 Creeley Road
Melmont, MA 02178
Stephen L. Ham III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
(Ref. Brim)
Mr. Frank Nealon (Ref. Metro/808 Realty)
Permit Research & Acquisition Co., Inc.
1108 Route 110
Farmingdale, NY 11735
Allen M. Smith, Esq.
P.O. Box 1240
737 Roanoke Avenue
Riverhead, NY 11901
(Ref. Metro/808 Realty)
Charles R. Cuddy, Esq.
P.O. Box 1547
180 Old Country Road
Riverhead, NY 11901
(Ref. LaColla)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To:
From:
Dated:
Re:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
February 13, 1992
Zoning Appeals No. 4085 - Andrew and Ann Monaco
Transmitted herewith is Zoning Appeal application No. 4085 of Andrew
and Ann Monaco for a variance. Also included is Notice of Disapproval
from the Southold Town Building Deartment dated January 22, 1992;
ZBA Questionnaire; Short Environmental Assessment Form; Notice to
Adjacent Property Owners; copy of Memorandum of Sale dated
November 19, 1991; survey; photographs (2); and material from the
Chicago Title Insurance Company.
Judith To Terry
Southold Town Clerk
FORM NO, 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ....~..~ . . . .1..~ ....... 19 .~ .~..
_ ~ ';"':" 'a'-/'~"~ ....... :-~ ...............
LocationofProperty ~-~b~o~ ~.~.~ ~ ~ . ~._ ~ ~ - ~ -
County Tax Map No. 1000 Section ...~.~ ~ ...... Block ..... ~.~ ..... Lot . .~.~ ........
Subdivision ................. Filed Map No ................. Lot ~o ..................
is returned herewith and disapproved on the following grounds, t a.~ ~.: .q ~ :~..~.~
-~.:~..~. ·
................ ...................................................
Building Inspector
RV 1/80
IPROJECT LD, NUMBER 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be comDleted by ADplicant or Proiect sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Andrew & Ann Monaco
3. PROJECT LOCATION:
Mun~cma,~ East Marion Counw Suffolk
SEQR
5650 Rocky Point Road & 65 Aqua View Ave., East Marion
(N.E. corner of Rocky Point Road and Aqua View Ave.)
~News [] Expansion [] Mo~lficattonlalteretiof~
Erect a Single family Home on Vacant Lot
7. AMOUNT OF [:~N DAAPPECTED:
8. WILL PROPOSED ACTION COMPLY WITH ~iST[NG ZONING OR OTHER ~ISTING LAND USE RESTRICTIONS? [] Yes ~ NO if NO, ~escribe briefly
Relief is needed to erect the House 55' from the Bluff
(correct Zoning is 100')
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[~ Residential [] industrial [] Commercial [] Agriculture [] Park/Forest/Open s0ace [] Ot~er
Describe:
The surrounding area is Residental in nature
10. DOES ACT]ON INVOLVE A PERMIT APPROVAl.. OR PUNDJNQ, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
STATE OR LOCAL)?
[] Yes [~ NO If yes, list agency(s) and permit/aDDrovals
11. r'OES ANY ASPECT OF THE AC'rI~,',I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes I~ N, II ye:, !iS{ agency name eno permfllapproval
12. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes ~;~1 No
I CERTIFY THAT THE INFORMATION PROVIDED AEOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete ttte
Coastal Assessment Form before proceeding with this assessment
OVER
I (Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT
~NSTRUCTIONS:
(a) ~n 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 Environraental Assessment Form is necessary.
(e) If all questions have been answered NO it is likely that the
project is not significant.
(d) Environmental Assessmen~
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? Yes :~NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes ~No
3. Will project alter or have a large effect on
a~ existing body of water? __Yes ~No
4. Will project have a potentially large impact on
groundwater quality? ___Yes
5. Will project significantly effect drainage flow
on adjacent sites? · Yes &"___No
6. Will project affect any threatened or endangered
plant or animal species? Yes ___~o
7. Will project result in a major adverse effect on
air quality? Yes ~-~No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes /No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
i~portance or any site designated as a critical
envircamental area by a local agency? ... Yes &"No
10. Will project have a m~jor effect on existing or
future recreational opportunities? Yes ...&-'No
ll. Will project result in major traffic problems or
cause a major effect Fo existing transportation
· systems? __Yes &"'No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes ~'No
13. Will project have any impact on public health
or safety?
___Yes ~"No
14. Will project affect the existing community by
directly Causing a growth in permanent popula-
tion of more than 5 percent Over a one-year Yes
period or have a major negative effect on the '-
charact~ of the community or neighborhood?
Is there public controversy concerning the .
15.
projectl
Representing:
ZBA
~es &"No
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
None
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{~'} No. (If Xes, p!~se a~e~ch ~ ~f "condi~n~" of sale. J
C. Are there =ny l~ruposals tD =hange =r alter land contou~u?
{ } Yes {~ No
De
1. Are there any areas which contain wetland grasses? No
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? No (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fen=as
which e~t and are not shown ~n the survey map that you are
submitting? . Non~ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? None If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel Vacant Land and
proposed use Single Family Two Story Dwelling
utnorized S~gnature and 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 6-5-84 by L.L. No. 6-1984]
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
$5 b y_~,L.L. No. 6-1985]: -,.'/~-'.. '.~'. '~,,
~.r ~{DAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on. tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks,
bogs. salt marsh, swamps, meadows, fiats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, 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, tall cordgrass, high
bush. cattails, groundseJ, marshmnl!ow
(3)
All land immediately ndjacent ~o a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z-~s.ss
THIS CERTIFIES THAT I,
Parcel Numbl~ll_
MEMORANDUM OF SALE
Date ' ,?}Ffi~/',
have this date purchased the premises described as
DISTRICT .~P~h SECTION -,z/)~ / BLOCK ~'.>~L LOT
su,bje, ct to the attached TERMS OF SALE for the sum of/~ ? -~c //~ ~ ,,.,~-
:~ ' " ::'~ ". ~- , ~ . ~':~"~ x-,~ .. :
subje'ct to ~ancellation as hereinafter provided and hereby prg~ise and agr~ to comply wi~ the
terms and cond~ions of the sale of said premises as a~e~ti~ and set
,.'
TITLE TO BE IN THE NAME OF:
Tenants in Common ......... E]
Joint Tenants w/R/O/S ...... []
Tenants by Entirety ..........
(Husband & Wife Only)
Signature
Purchaser - print
Street Address
CityiTown-..J Zip
Received from
RECEIPT
Date
the sum of
/ /- ~,/' ?'/d-~
?-//,- ' '.,' '~ ,~.. ,~ . ."~-r",~r~ / ',; DOLLARS. being twenty
percent o.f/$ J, ,~,/.] ,. ,.- .- 4;~ . the amount bid by him for the property
above described, this day sold to him subject to cancellation as hereinabove provided and upon the
terms and conditions of sale above set forth.
AUCTION
FEE
RECEIVED
KEVIN S. LAW, Director
Division of Real Estate
Department of Law
Suffolk County, New York
·
$~FFOLK' COUNTY
DIVISION OF REAL ESTATE
DEPARTMENT OF LA~N,,
AUCTION SALE
SURPLUS
:COUNTY-OWNED REAL ESTATe.~
10:00 A.M. TUESDAY, NO~/eMBeR '19, 1991
RADISSON lSLANDiA HOTEl;
3635 EXPRESS Di~ive NORTH
HAU PPAUGE;,.:N'EW YORK
OVER
~1 7~ ~i g
eW.AT E R FRC)',i~I~.
; .SiNGi~.E~FAMiLY ~HoM-E~s
· PRIME INDUSTRIAL ACREAGE
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
KEVIN S. LAW
DIRECTOR
TERHS AND CONDITIONS OF SALE
The following terms
each and every parcel of
County of Suffolk:
and conditions apply to tile sale of
land to be sold at public auction by the
1. Once a bid is accepted by the auctioneer and the
auctioneer has announced that the sale has been completed and
finalized, the sale of the parcel will be considered FINAL.. At
this time the sale will not be cancelled nor rescinded in any
manner nor under any circumstances, except by the County pursuant
to Paragraphs 17 and 18 as set forth hereafter. The purchaser
shall then be required to consummate and finalize the sale
according to the terms and conditions listed herein. The
successful bidder will be required, at the time and place of the
auction, to sign a MEMORANDUM OF SALE PERTAINING TO HIS OR HER
PURCHASE OF THE PARCEL. THIS MEMORANDUM OF SALE CONTAINS ALL THE
TERMS AND CONDITIONS RELATIVE TO SAID SALE, AND CONSTITUTES A
CONTRACT OF SALE BETWEEN THE COUNTY OF SUFFOLK AND THE PROSPECTIVE
PURCHASER WHICH IS LEGALLY BINDING AND ENFORCEABLE BY THE COUNTY
OF SUFFOLK. THE FAILURE OF A PERSPECTIVE PURCHASER TO STRICTLY
FOLLOW AND ABIDE BY EACH AND EVERY TERM AND CONDITION OF THE
CONTRACT OF SALE SHALL CONSTITUTE A BREACH OF SAID CONTRACT WHICH
SHALL BE ENFORCEABLE BY THE COUNTY OF SUFFOLK AS AGAINST THE
PURCHASER.
Also, at this time, the successful bidder will present CASH,
CERTIFIED CHECKS, BANK CHECKS, MONEY ORDERS OR TRAVELER'S CHECKS
IN THE AMOUNT OF TWENTY (20%) PERCENT OF THE FINAL BID ACCEPTED.
This twenty (20%) percent shall constitute the down payment on the
parcel sold at ~be auction. Any certified check~ bank check or
money orders ox traveler's checks shall be made payable to tile
order of the purchaser and shall be endorsed over to the Division
of Real Estate~ at tile time of the auction, by the purchaser. N_QO
PERSONAL CHECKS WILL BE ACCEPTED BY THE DIVISION OF REAL ESTATE,
UNDER ANY CIRCUMSTANCES AT ALL EXCEPT FOR THE PAYMENT OF THE
AUCTION FEES AS IS MORE PARTICULARLY DESCRIBED IN PARAGRAPH 2 AS
SET FORTH HEREAFTER.
Failure on the part of the purchaser to produce cash, certified
checks, bank checks, money orders, or traveler's checks, shall
result in the parcel being rebid at the auction. The balance of
the purchase price of the parcel sold at auction, shall be due and
payable at the time of the closing of title. Failure on the part
of any purchaser to consummate the sale, and close title on the
parcel, shall result in a forfeiture of the down payment.
Twenty-five ($25.00)
is $2,500.00 or less.
Three-quarters (3/4)
is over $2,501.00.
These auction fees shall
associated with this auction
advertisements, the printing of
.The auction fees are as follows:
Dollars where the purchase price
of 1% (0.75%) where the purchase price
be used to offset the costs
such as the required legal
the brochures, the rental of the
facilities in which to have the auction, and other expenses which
are incurred by the County in having the auction.
The auction fee is separate and apart from the final bid price
and shall be paid by separate check; which check may be in the form
of a personal check. In the event that the sale is cancelled by
the Director of the Division of Real Estate or the Auction Review
Committee, or the sale is not approved by the Suffolk County
Legislature, the auction fee shall not be refundable to the
purchaser under any circumstances. THERE WILL ALSO BE A FIFTEEN
($15.00) DOLLAR FEE CHARGED FOR ANY CHECK RETURNED BY THE BANK AS
UNCOLLECTABLE.
3. Bidding will begin at the upset price as specified
in the auction brochure.
4~ The property will be conveyed by a Bargain and Sale
Deed without covenants (and appropriate Torrens Duplicate
Certificate of Title, where applicable), conveying title subject
to [a] building restrictions and to zoning regulations in force
and effect at the time of the delivery of the deed; [b]
covenants, restrictions and easements of record, if any,
affecting the premises provided that they do not render title
unmarketable; [c] violations of all applicable federal, state or
local laws, ordinances or regulations, jurisdiction thereof
existing at the time of closing; [d] any state of facts an accurate
survey would show provided same does not render the title
unmarketable; [e] the riqhts, if any, of tenants and persons in
possession, and; [f] all pending assessments, if any, which the
Purchaser agrees to assume and pay.
5. It is understood and agreed that once a closing
is set by the Division of Real Estate, the purchaser, if he or
she so requests, will be granted one (1) thirty (30) day
adjournment. This adjournment shall be deemed to be a final law
date set for the closing. Failure on the part of the purchaser to
close and accept delivery of the deed on that date shall entitle
the Division of Real Estate to cancel the sale and the purchaser
hereby aqrees to forfeit his or her down payment. The Division
of Real Estate hereby reserves the right to grant such
adjournments as it deems necessary or warranted under the
circumstances. Any adjournments granted by and at the sole
descretion of the Director of the Division of Real Estate beyond
the final law date scheduled shall be considered final law dates.
The Division of Real Estate further reserves its rights under law
to pursue an action in specific performance to compel such closings
and tke completion of the sale and further reserves all rights
retained under and by this agreement.
6. Ail properties and any improvements erected thereon
are SOLD IN "AS IS" CONDITION AT THE TIME OF CLOSING OF TITLE.
THE PURCHASER HEREBY AGREES THAT HE OR SHE HAS MADE A COMPLETE AND
THOROUGH PH~fSICAL INSPECTION OF THE PROPERTY WHICH HE OR SHE IS
PURCHASING AND HAS FURTHER BEEN FULLY INFORMED OF ANY AND ALL
ZONING, BUILDING OR OTHER REQUIREMENTS SET BY LOCAL, STATE OR
FEDERAL AUTHORITIES WHICH MAY AFFECT THE PROPERTY IN QUESTION.
PURCHASER AGREES TO WAIVE ANY AND ALL OBJECTIONS WITH REGARDS TO
ANY CONDITIONS CONCERNING ZONING, AND BUILDING CODES OR OTHER
REQUIREMENTS WHICH MAY AFFECT THE PROPERTY IN ANY WAY.
THE PURCHASER FURTHER WARRANTS AND GUARANTEES THAT HE OR SHE HAS
VERIFIED THE EXACT LOCATION, PHYSICAL CONDITION, EXACT SIZE,
STREET REQUIREMENTS AND LEGAL USE OF THE PROPERTY. THE SELLER HAS
FURNISHED THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY AND
ASSUMES NO RESPONSIBILITY OR OBLIGATION FOR SAID INFORMATION. THE
PURCHASER AGREES TO WAIVE ANY AND ALL OBJECTIONS WITH REGARDS TO
ANY INFORMATION SUPPLIED BY THE SELLER AS GENERILL INFORMATION
CONTAINED IN THE BROCHURE. EACH SUCCESSFUL BIDDER HUST ACCEPT THE
PROPERTY "AS IS" WITH REGARD TO PHYSICAL CONDITIONS AND EXISTING
ZONING RESTRICTIONS.
7. The risk of loss or damage by fire or other
casualty loss between the date of sale and the date of delivery of
the deed shall be assumed by the Seller.
8. It is understood and agreed that suffolk County's
sole obliqation is to deliver such marketable title as Commonwealth
Land Title insurance Company or American Title Insurance Company
will insure. It is further agreed that in the event the
Purchaser's title search shows objections to the title which render
same unmarketable, and purchaser has submitted said objections to
title within the specified time frame described in Paraqraph 9, as
set forth below, then the seller shall be given an opportunity, not
exceeding eighteen months from the date of the seller's receipt of
such objections, to clear such objections. In the event, however,
that the Seller is unable to clear such objections during said
time, then the Seller's sole obliqation shall be to return to the
Purchaser upon Purchaser's written request the down payment made
herein. There will be no reimbursement of any of purchaser's
expenses with reqards to the sale transaction, includinq, but not
limited to the net cost of title insurance and/or cost of survey.
Upon return of said down payment, parties shall be mutually
released from all obligations.
9. ANY AND ALL OBJECTIONS TO TITLE, INCLUDING SURVEY
OBJECTIONS,
REAL ESTATE,
MUST BE SUBMITTED TO THE DIRECTOR OF THE DIVISION OF
IN WRITING, NO LATER THAN FORTY-FIVE (45) DAYS AFTER
THE DATE OF THE AUCTION SALE. FAILURE TO SUBMIT SUCH NOTICE OF
OBJECTIONS SHALL BE DEEMED A WAIVER OF ANY AND ALL TITLE OBJECTIONS
AND SURVEY OBJECTIONS. SUFFOLK COUNTY'S WILL DELIVER ONLY SUCH
MARKETABLE TITLE AS COMMONWEALTH LAND TITLE INSURANCE COMPANY OR
AMERICAN TITLE INSURANCE COMPANY WILL INSURE.
10. The successful bidder, as part of the consideration,
shall pay the Seller's Transfer Tax.
11. Ail closings will be held at the offices of the
Division of Real Estate, 395 Oser Avenue~ Hauppauge, New Yorkr
or at such other place as the Director of Real Estate may
designate in writing. Should the purchaser desire to close at a
location other thall the Division of Real Estate or any other
location designated by the Director, the purchaser must indicate
the spec!fied location, in advance, in writing and the following
fees shall appiy~
12 a) A minimum fee of TWO Hundred ($200.00) Dollars
shall be charged for attendance by the Division at any transaction
outside of the Division of Real Estate in the County of Suffolk
for the first two hours of attendance thereat.
Thereafter, a fee of One Hundred ($100.00) Dollars per hour
or any fraction thereof will be charged for any time exceeding the
first two hours.
b) A minimum fee of Three Hundred ($300.00) Dollars
shall be charged for attendance by the Division at any transaction
outside of the Division of Real Estate in the County of Nassau
for the first two hours of attendance thereat.
Thereafter a fee of One Hundred Fifty ($150.00) Dollars per
hour or any fraction thereof will be charged for any time exceeding
the first two hours.
c) A minimum fee of Four Hundred ($400.00) Dollars
shall be charged for attendance by the Division at any transaction
outside of the Division of Real Estate in the City of New York for
the first three hours of attendance thereat.
Thereafter a fee of One Hundred ($100.00) Dollars per hour or
any fraction thereof will be charged for any'time exceeding the
first three hours.
d) All times shall be measured and computed from and
to Hauppauge, New York, as the starting and completion point.
e) The minimum fee applicable to the transaction shall
be paid two days prior to the closing day for which travel is
requested.
13. A fee of Three Hundred ($300.00) Dollars will be
charged by the Diviszon of Real Estate for an assignment of this
contract. NO ASSIGNMENT SHALL BE PERMITTED EXCEPT THOSE CONSENTED
TO IN ADVANCE BY THE DIVISION. Ally requests for such assignments
shall be submitted by the ~,rchaser for the Seller's consideration
wishin ninety (90) days from the date of the auction. Said
assignment requests shall be on a form supplied, by the Seller and
no others. The
right to consent
Division of Real
shall not render
Division of Real Estate reserves the exclusive
to any assignment. Failure on the part of the
Estate to consent to any assignment so requested
this contract null and void.
14. This contract, including the property described and
the consideration for the transaction, are deemed and understood
to be one entire contract. No portion of this contract is
divisible. Any assignment must be of the whole contract and not
any portions thereof, it being the intent of the parties to treat
this contract as one entity.
15. Fuel, oil, taxes, water rates, sewer rates and
insurance premiums, if any, will be adjusted and apportioned as of
the date of taking title (a/k/a the closing date). However, with
regards to taxes, if a closing date occurs anywhere from and
including December 1st up to and including May 31st, the purchaser
shall pay the entire amount of taxes due on the parcel for the
lien year and will later be reimbursed by the County of Suffolk
for the taxes paid by the purchaser prior to his or her taking
title. If a closing date occurs anywhere from and including June
1st up to and including November 30th, the purchaser shall pay the
taxes due for the remaining lien year from the date of his or her
taking title.
16. In the event that the propertyf or any portion
thereof, is taken pursuant to Eminent Domain Procedure Law by the
State, County or any local subdivision prio¥ to the closing, the
Sel!el-'s sole obligation shall be to return the downpayment due
the Purchaser in accordance with Paragraph 8 of the Terms and
Conditio:~s of Sale, upon receiving notice of said condemnation, or
within a ~-easonable time thereafter. The Seller shall be
discl~arged of any and. all further liab±!Jty to the Purchaser upon
return of said down payment.
17. Notwithstanding anything contained to the contrary
herein, the Director of the Division of Real Estate has the option,
within thirty (30) days after the date that the property is
auctioned off, to reject any bid and return to the Purchaser
his or her down payment. Upon such notification to the Purchaser
and the return of said down payment, the sale will be deemed null
and void and cancelled and the Seller shall be discharged of any
and all liability.
18. It is further understood and agreed that the Seller
is a Municipal Corporation; that this sale is further conditioned
upon the approval of the Suffolk County Legislature and the County
Executive~ or charter approval. In the event the proposed
resolution is rejected by the Suffolk County Legislature, then the
Seller shall return to the Purchaser the down payment due the
Purchaser pursuant to Paragraph 8 of the Terms and Conditions of
Sale. Upon return of such down payment, the parties shall then be
mutually released from any and all other obligations herein; it
being understood and agreed that this contract is binding upon
both the Purchaser and the County unless the sale is disapDroved
by operation of the Suffolk County legislative process.
19. PURCHASER HEREBY AGREES TO BE SOLELY RESPONSIBLE
FOR AND PAY ANY BROKER'S FEES CHARGED BY A BROKER OR ATTORNEY
ACTING IN THE CAPACITY AS BROKER WHO MAY BID ON A PARCEL ON BEHALF
OF SAID PURCHASERS. THE COUNTY WILL NO LONGER BE RESPONSIBLE FOR
OR PAY ANY SUCH COMMISSIONS OR FEES.
20. In those cases where the Seller is selling the
property subject to the clearance of alt existing outstanding
mortgage by the Seller~ the Purchaser hereby agrees to furnish the
Seller with ali up-to-date certified survey, certified to the County
of Suffolkf a metes and bounds description and an affidavit by the
su~-veyor, (affidavit form to be supplied by the County),
from a reputable surveyor within ninety (90) days from tlle date of
the Auction. Purchaser hereby agrees to be solely responsible for
the fees of said surveyor. Failure on the part of the Purchaser
to furnish the Seller with the survey within the hereinabove
specified time, will be considered a default on the part
of the Purchaser under the Terms and Conditions of this
contract and will result in the cancellation of the sale and the
forfeiture of Purchaser's down payment.
21. No individual or corporation or any stockholder,
director or officer of any corporation who or which is in default
in or on ally contract, obligation or agreement of any kind or
nature whatsoever entered into with the County of Suffolk, or any
of its agencies, will be accepted as a bidder or purchaser for any
property and the Director of Real Estate reserves the right to
reject any bid if an investigation establishes such a default. By
signing the memorandum of sale, the Purchaser hereby warants and
affirms that he or she is not in any default with any contract,
obligation or agreement of any kind or nature, whatsoever, entered
into between the County of Suffolk.
22. SUFFOLK COUNTY EMPLOYEES -- County employees and/or
their immediate family residing with them or without them are
barred from participating in this auction. Immediate family shall
include spouse, issue, or parent, issue shall include adopted
children. Purchasers will be required to furnish an affidavit at
the ciosin~ to the effect that the purchasers are not in such
caEegory.
23. The County reserves the right to withdraw any and
all of the properties from sale prior to and including the date of
the Auction and to make any necessary changes w~th regards to the
general information concerning tlid auction parcels listed in the
brochure.
24. Statements made in any sales catalogue or sales
brochure publ±shed or distributed in connection wlth any sale
which pertain to street locations and/or size of property and is
offered for sale, are for ±nformation onlv and should be verif±ed
by the purchaser before the sale.
~l~l~lil~iili I~lllJ 'l'ill~/~hlll:hllhlil i'llilllllillll~lll 1!t61~
Number 9108-04290
COMMITMENT FOR TITL£ INSURANCE
Issued by
CHICAGO TITLE INSURANCE COMPANY
Chicago Title Insurance Company, a Missouri corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified
in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the
estate or interest covered hereby in the land described or referred to in Schedule A, up~,n payment of
the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditiona and Stipulations bereoL
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by the Com-
pany, either at the time oI the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance
and all liability and obligations hereu'nder shall cease and terminate nine months after the effective
date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of the Company.
This Commitment shall not be valid or binding until countersigned by a validating officer or
authorized signatory.
IN WITNESS WHEREOF, Chicago Tide Insurance Company has caused it~ corporate name
and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
CHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY at.
185 Old Country Rd., Route 58
Riverhead, NY 11901
(516.) 727-4455
~_.ounters~ed by:
Marijude Messina
Assistant Branch Manager
284-7003
ATTEST:
Secretary.
This commitment is intended /or lawyers only. Such exceptions as may be set forth herein
may a~ect marketability of title. Your lawyer should be consulted before taking any action based upon
the contents of this commitment. The Company's representative at the closing hereunder may not
act as legal advisor to any of the parties or draw legal instruments for them. Such representative is
permitted to be o~ assistance only to an attorney. It is advisable to have your attorney present at the
clo~ing.
Copyright, 1966, American Land Title Association
F. 10441
RFITCAGO T]'TI.F TN2UF:ANRI. ,COMF'ANY
Numb~ Date Transaction
~ 9~8-~429G ~ ~/27/9~ Mtg
F;:O ~iD
Mtg Mtg $
TITLE VESTED IN:
SUFFOLI. COUNTY
Fee
X Fee ?? Fee S
INSURED, FEE:
ANDREW MONACO
ANN MONACO, UX
INSURED, MTG.: (3)
INSTITUTION ACCOUNT:
REFERRAL ACCOUNT:
PREMISES:County S State l~
TOWN OF SOUTHOLD
CORNER OF ROCKY POINT ROAD
AND AQUAVIEW LANE
CHARGES MTG
ACCT NOS
DESCRIPTIONS OD
TITLE O0
Mun. Dept Sch 24
Survey Cov 38
Abstract 02
AMOUNTS
FEE
4 6tit9i9 (~e
;~(~E $ AMOUNTS
S'MAN: Mun Oept Searches: [] H & B [] Fire
S'MAN: [] CO Other:
Sec 02t .(~. (~.. ~ Lot(s)
Address VACANT L. AND
SURVEY ] NONE j AS OF EXISTING I AS OF POLICY DATE
COVERAGE'j []'J SURVEY DATE []/ ORDER NEW [] USE EXISTING
REMARKS:
NOTE: ABOVE PREMIUM FOR FEE INSURANCE INCLUDE~
~(~% OPTIONAL MARKET VALUE ENDORSEMENT ($88)
NEW TO COME
*SUFFOLK COUNTY
DIVISION OF REAL ESTATES
39!50SER AVENUE
HAUPPAUGE, N.Y, 11787
DELIVERY
Report on HUST t 2/I ~'-~'o ~
Copies ~
Closing
Area JTra~s IRate IS'man 01 Rec'dSy Prop Type
JMtg- /Mtg- [Mtg-
ege JFee- 21Fee- t ~Fee- [ 33e8 t 0
DISCOUNT
Discount S M/F $
Prior Insurer / /
Mtg Data
AL
THANK YOU FOR YOUR APPLICATION FOR THE EXAMtNATION OF TITLE TO THE ABOVE DESCRIBED PREMISES OUR CHARGES, ON THE BASIS OF OUR FILED RATE
SCHEDULE ARE NOTED, SUBJECT TO ANY REVISION DUE TO ANY DESIRED CHANGE IN LIABILITY AND THE ADDITION OF ANY REQUESTED OR NECESSARY DISBURSEMENTS.
WE SHALL DO OUR BEST TO REPORT THIS TITLE PROMPTLY AND FACILITATE ITS CLOSING
VERY TRULY YOURS
CUSTOMER SERVICE
APPLICANT, FEE (1) TEL:
ANDREW MONACO
~ CLIFF DRIVE
KINGS PARK, N.Y.
754
APPLICANT, MTG (2) TEL:
i~212 -.1136'
TLE NO. 9108-04290
CII'I'CAGO ljj)'l'l,l
417
SCHEDULE A
1. Effective date: .OCTOBER 16, 1991
2. Policy or policies to be issued:
(A) X Owner's Policy, NYBTU
Proposed insured:
ANDREW MONACO
ANN MONACO, UX.
(B) __ Loan Policy
Proposed insured:
$155,000.00
The estate or interest in the land described or referred to in this
commitment and covered herein is a fee simple and title thereto is
at the effective date hereto vested in:
COUNTY OF SUFFOLK BY DEED DATED 5/25/89 R~CORDED 5/25/89 IN LIBER 10864
CP 197 MADE BY GENERAL L. RAINS AS DEPUTY COUNTY TREASURER.
The land referred to in this commitment is described as follows:
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND
BEING IN EAST MARION, SUFFOLK COUNTY, NEW YORK, MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE ON THE EASTERLY LINE OF ROCKY POINT ROAD 125.00
FEET SOUTHERLY FROM A CONCRETE MONUMENT NEAR THE EDGE OF THE SOUND
BLUFF AND ON SAID EASTERLY LINE OF SAID ROAD;
RUNNING THENCE ALONG SAID EASTERLY LINE OF SAID ROAD, NORTH 13
DEGREES, 45 MINUTES, 10 SECONDS WEST 229.00 FEET, MORE OR LESS,
ISLAND SOUND;
TO LONG
THENCE EASTERLY ALONG SAID LONG ISLAND SOUND ABOUT 100.00 FEET;
THENCE PARALLEL TO SAID EASTERLY LINE OF SAID ROAD, SOUTH 13 DEGREES,
45 MINUTES, 10 SECONDS EAST 240.00 FEET, MORE OR LESS, TO A STAKE;
-SCHEDULE A-
)1.1217, 11~8 417
ITLE NO. 9108-04290
CHICAGOOTLE iNSURANCE COMPANY
THENCE SOUTH 57 DEGREES, 19
THE POINT OF BEGINNING.
PAGE 2
-SCHEDULE A CONTINUED-
MINUTES, 50 SECONDS WEST 100.00 FEET TO
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 021.00 BLOCK
001.000.
02.00 LOT
-SCHEDULE A-
CHICAGO TITLE INSURANCE COMPANY
SCHEDULEB
Schexlule B of the poUcy or policies to be issued wiU contain exceptions as to items I through 6, inclusive (w~thout ch~nse or modif-
ication), and to aU subsequent matters unless the latter aze disposed of to the satisfaction of the Company:
CHICAG(~ITLE INSURANCE COMPANY
ITLE NO. 9108-04290
PAGE 3
-SCHEDULE B CONTINUED-
OSITION
19.
20.
21.
22.
23.
24.
25.
26.
THE EXACT DISTANCES, DIMENSIONS, AND LOCATIONS OF THE BOUNDARY
LINES OF THE PREMISES HEREIN DESCRIBED CANNOT BE GUARANTEED
WITHOUT A SURVEY ACCEPTABLE TO AND APPROVED BY THE COMPANY.
NOTE: EXCEPT ANY STATE OF FACTS AN ACCURATE SURVEY MAY SHOW.
NO TITLE IS INSURED TO ANY LAND LYING IN THE BED OF ANY STREET,
ROAD OR AVENUE ABUTTING, ADJOINING, PASSING THROUGH OR CROSSING
THE PREMISES HEREIN.
NO PERSONAL INSPECTION HAVING BEEN MADE BY THIS COMPANY, POLICY
WILL EXCEPT ANY STATE OF FACTS AN INSPECTION WOULD DISCLOSE.
PREMISES HEREIN ARE LISTED AS (PARTIALLY) EXEMPT FROM REAL ESTATE
TAXES. PURSUANT TO SECTION 494 OR'520 OF THE REAL PROPERTY TAX
LAW, THE SAID EXEMPTION TERMINATES IMMEDIATELY UPON THE TRANSFER
OF TITLE BY OWNER ENTITLED TO SUCH EXEMPTION, OR MAY TERMINATE
UPON HIS DEATH, AND THE SAID PREMISES SHALL THEN BE TAXED PRO
RATA FOR THE UNEXPIRED TERM OF THE TAXABLE YEAR, AND SUBSEQUENT
THERETO, AT THE FULL VALUATION THEREOF WITHOUT BENEFIT OF SUCH
TAX EXEMPTION.
NO TITLE IS INSURED TO ANY LAND LYING BELOW THE PRESENT OR ANY
FORMER HIGH WATER LINE OF LONG ISLAND SOUND.
EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO AND OVER LONG
ISLAND SOUND BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR
EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN.
EXCEPT THE RIGHT OF THE UNITED STATES GOVERNMENT TO ESTABLISH
-SCHEDULE B-
911212.
'ITLE NO.
1.~8 41 7
C~ICAG(~ITLE INSURANC~ COMPANX
9108-042~0 PAGE 4
-SCHEDULE H CONTINUED-
OSITION
27.
28.
HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ANY SUCH
EXISTING LINES AND TO REMOVE OR COMPELL REMOVAL OF FILL AND
IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES)
FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF LONG
ISLAND SOUND WITHOUT COMPENSATION TO THE INSURED.
EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF
NEW YORK, AND THE TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR
AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS,
LAND UNDER WATER, AND LAND ADJACENT THERETO.
TWO JUDGEMENTS VS. ROBERT STEWART
t. SOUTHSIDE HOSPITAL INC.
MONTAUK HIGHWAY
BAY SHORE, NEW YORK 11706
VS.
ROBERT STEWART
338 ATLANTIC AVENUE
BAY SHORE, NEW YORK 11706
AMOUNT: $686.19
DOCK: 3/17/89
PERF: 3/2/89
THIRD DISTRICT COURT
SUFFOLK COUNTY
ATTORNEY:
LAWRENCE H. HAHN
568 WALT WHITMAN ROAD
MELVILLE, NEW YORK 11747
2. NORSTAR BANK OF LONG
ISLAND AS SUCCESSOR
BY MERGER TO ISLAND
-SCHEDULE B-
]11212' ll38
,TLE NO. 9108-04290
CHICAGO~TLE INSURANCE COMPANY
-SCHEDULE B CONTINUED-
PAGE
417
5
3SITION
29.
30.
STATE BANK
47 WEST MAIN STREET
PATCHOGUE, NEW YORK
VS.
ROBERT G. STEWART
ROAD 1 BOX 1520
MARYLAND, NEW YORK 12116
AMOUNT: $4928.35
DOCK: 1/29/88
PERF: 1/29/88
SUPREME COURT
SUFFOLK COUNTY
ATTORNEY:
HALPERN HALPERN AXELROD KIRSCHENBAUM AND PHILLIPS PC
250 MINEOLA BOULEVARD
MINEOLA, NEW YORK 11501
NOTE: FILED~ 2/29/88 OTSEGO C~UNTY/1/3/89.
NOTE: CHAPTER 502 OF THE LAWS OF 1982 (INSURANCE LAW SECTION 440
SUBDIVISION 5, EFFECTIVE 9-11-82) REQUIRES THAT TITLE COMPANIES
OFFER, AT OR PRIOR TO CLOSING, AN OPTIONAL POLICY TO COVER THE
HOMEOWNER FOR THE FUTURE MARKET VALUE OF HIS OR HER HOUSE. YOU
MAY, THEREFORE, ELECT TO OBTAIN PROTECTION IN EXCESS OF YOUR
PURCHASE PRICE. IF YOU DO NOT WISH THIS ADDITIONAL OPTIONAL
COVERAGE, YOU MUST WAIVE SAME BY SIGNING IN THE SPACE FOLLOWING
THIS NOTICE.
ALTHOUGH THE COMPANY WILL USE ITS BEST EFFORTS TO RECORD
INSTRUMENTS PROMPTLY, NO LIABILITY IS ASSUMED FOR PENALTIES AND
INTEREST UNDER SECTION 1416 OF THE TAX LAW DUE TO THE INABILITY
-SCHEDULE B-
911212 1138
ITLE NO. 9108-04290
CHICAGO~iTLE INSURANCE COMPANY
PAGE 6
4]7
-SCHEDULE B CONTINUED-
9SITION
31.
32.
TO FILE TRANSFER TAX RETURNS OR PAY TRANSFER TAXES WITHIN THE
TIME REQUIRED.
ATTENTION IS CALLED TO THE FACT THAT THE TIME TO REDEEM FROM TAX
SALE HAS BEEN REDUCED FROM THREE YEARS TO ONE YEAR WITH REGARD TO
NON-RESIDENTIAL PROPERTY. (CHAPTER 787 LAWS OF 1985). RESIDENTIAL
PROPERTY IS DEFINED TO BE PROPERTY IMPROVED BY A 1, 2, OR 3
FAMILY DWELLING. THE NEW REDEMPTION PERIOD APPLIES TO THE 1985/86
TAX YEAR AND FUTURE TAX YEARS THEREAFTER.
THE TAX INTEREST IS AS SETFORTH HEREIN: FEE TITLE IS VESTED IN
ROBERT STEWART BY DEED DATED 7/1/66 RECORDED 1/31/68 IN LIBER
6296 CP 584 FROM AGNES STEWART. A QUIT CLAIM DEED IS REQUIRED
FROM ROBERT STEWART AT OR PRIOR TO CLOSING.
-SCHEDULE B-
;1 1 21 2.- 1118
~TLE NO. 9108-04290
CHICAGOOTLE INSUR;LNCE COMI~ANY
PAGE 7
417
Taxes, assessments, water rates and sewer charges
which are liens on real property
)SITIONI RETURNS
TOWN OF SOUTHOLD
ASS'D TO: SUFFOLK COUNTY
ASS'D VALUATION: 1800/1800
COUNTY EXEMPTION NO. 1800
SCHOOL DISTRICT NO. 2
.54 ACRES
NX SOUND
EX WN GEROSA
SX AQUAVIEW AVENUE
WX ROCKY POINT ROAD
1990/91 SCHOOL TAX ONLY $316.99 PAID IN FULL
BASE TAX WITHOUT EXEMPTION $680.93
1991/92 TAXES BECAME A LIEN 12/1/91
ALL PRIOR TAXES PAID
WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 021.00 BLOCK 02.00
LOT 001.000.
,r policy does not insure against taxes, water rates, assessments, and other
:tters relating to taxes which have not become a lien up to the date of the
· licy or installments due after the date of policy. Neither our tax search nor
,r policy covers any part of streets on which the premises to be insured abut.
-TAX SEARCH-
INSURANCE COMPANY
,Il 7
· ITLE NO. 9108-04290
PAGE 8
MORTGAGES
This commitment does not purport to show all the terms and provisions
of the following mortgage(s). Interested parties should communicate
with the holder(s) thereof to consider the terms thereof, the obligation(s)
secured and the effect of any unrecorded agreements in modification thereof.
NONE OF RECORD.
-MORTGAGES-
Locality
Babylon
Brookhaven
I-!asr Hampton
Huntington
Islip
Riverhead
Shelter Island
Smithtown
Southampton
Southold
*SCHOOL TAX included with Town Tax.
SUFFOLK COUNTY REAL ESTATE TAXES
*TOWN TAXES
**Due Dates Fiscal Period
Dec. I to Nov. 30
Dec. I to Nov. 30
All Town Taxes Dec. I to Nov. 30
are due Dec. Ist Dec. I to Nov. 30
and May 10th Dec. I to Nov. 30
Dec. I to Nov. 30
Dec. I to Nov. 30
Dec. I lo Nov. 30
Dec. I to Nov. 30
Dec. I to Nov. 30
Grace Period
The First Half Tax
Grace Period is
January 10th.
The Second Half Tax
Grace Period is
May 31st.
Penalty: I% per month.
**The entire tax is a lien on Dec. I even though payable in two installments.
On May 3 Ist any unpaid taxes are returned and payable, with additional penalties and charges, to the County Treasurer up to
the date of sale of the lien thereof.
Village
Amityville
Ash*token
Babylon
Belle Terre
Bellpott
Bright Waters
De ring, Harbor
Fast Hampton
Greenport
Ilead of Harbor
Huntinston Bay
Lake Grove*
Lindenhutst
Lloyd Harbor
Nissequoque
North Haven
Norlhport
Ocean Beach
Old Field
Patchoque
Poquott
Port Jefferson
Ouoque
Sag Harbor
Salt*ire
Shoreham
Due
June I
Juae
June
June
June
June
June and Dec.
Aug.
Mar.
June
June
Mar.
June I
June I
June I
Mar.
June
Mat.
June
June
June
June
June
Aug.
AuG. I and Feb.
V1LLAGE TAXES
Dates Fiscal Period
and Dec. I June to May 31
June to May31
June to May31
June to May31
June to May 31
June to May31
June to May31
Aug. I to Jul. 31
June I to May 31
Mar. I to Feb. 28
June I to May 31
June I to May 31
Mar. I to Feb. 28
June I to May 31
June I to May 31
June I to May 31
Mat. I to Feb. 28
June I to May 31
Mar. I to Feb. 28
Jun*IteM*y31
June 1 to May 31
June I to May 31
June I to May 31
June I to May 31
Aug. I to Jul. 31
Aug. I to Jul. 31
Grace Petted
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days*
30 Days
30 Days
30 Days
30 Days
30 Days
45 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
30 Days
Southampton June I June I to May 31 30 Days
The Branch June I June I to May 31 30 Days
Westhampton Bch. June I June I to May 31 30 Day~
*In the Village of Lake Grove there is no grace period for the second half tax. After December 1st penalties will accrue from
,4 u~ust I st.
The entire tax is a lien on the first due dale even though payable in two installments.
Penalty: - 5% for first month after grace period and s,~% for each additional month.
THIS INFORMATION IS BELIEVED TO BE ACCURATE BUT 1S NOT GUARANTEED.
COUNTY OF SUFFOI K ,o,,,? ~OL)THOLD ~ct~:e
R ~80
HD
R-80
~ R~80
]
R-80
TOW~ C.LER~. 4 2
TOWN OF SOUTHOLD
Suffolk County, New York Phone 516-765-1801
Southold, New York 11971 Date ~ ~ -~P /:, / ~ 19
~ndith T. Te~, Town Clerk
?~849
71,.-I
......................... - COdNTY CENTER
~Vinctcen 1£~! d, rcd ..d
'~- AGI'IE$ STEWART, of 147& Croa~ Island Bou~eward, White~
pa, ri y of the ~ecom~ part,
~*~t~t~t ~tu~ pa,'t~ of th~ /lrs~ part, in cons~rat~ of
and v~lu~bie consi&er-~;lcna and ten ....... JOol~
p~tid by lltc part y of the second part,
more ~r~ic~rly bo~ed and described ae followel-
~GIi~ING ag a stake on ~he easterly line of Roc~ Point Road
lES f~et aomtnerly from a ccncteSe mon~en~ near ~he edge of the
El~f and o~ said easgerly line of amid roa~; r~niag ~henoe ~ong
said easgerly line of said roa~, !~. 13 45' 10" W.-229 feeg, more or
less, ~o Long I~lar~ Sound; ~hencc e~stex'ly ~long s~d ~
S~ni abo~t 100 fee~; thsnc~ parallel uo ~aid easterly line of
o &S} l0~ E~-240 feet, more or less, to m a~ake; thenoe
~lo~d~ S. 13
~. 77° 19' 50" ,'l.-1O0 fee: to the L~oin~ of bcginnir~.
TO5ZT'A~k ~'~h ~ rl6l~b nf '.,'aY 50 fees in width along tho south-
inCereet, of tk~e
l~e~ ~II be ~ubjecfi to ~he fo/lcv~i~ re~trictlo~ wnic~ ~'u~ "~ th
the l~n~ ~ttl .Tantm~ 1.t 19~1, unless moflified or a,,nu~led- ' on
That neither the party of the second part nor his he,rs or
assigns'shall at any tide prior to January let 1961, erect cr
to be erected on any part of the above described property, any~ build-
~g]~l_ng other than a detached dwelling ~ou~e with pemked~roof and~
',~!~fa~lly only on less than on lot, me~ur~ng not less ~han 40
· ~'width at a cost of not less than Th~rty-f~ve Hundred ($~500)Dollar~,
nor shall e~ch ~uildinE or any part thereof, including stoops, piaznas
bmy windOWs and[ o~her usual projections be erected or maintained on
any par~ of said premime~ wi~hl~ ten feet of the top or edEe cf Sound
Bluff ~er Withi~l f~ve (~) £eet of any side street, road or avenue,
espying however, that a private gar~ga for automobiles for use in con-
not,ion with the private resldencs on said plot may be erected not more
thine tw~nty-ffv~ ~.$) feet nort~ of the said ro~d hereinbefore refer-
red to. No gmrmEe shall be erected on any other portion of said lot
unle~ ~1~ i~ constructed as part of the resldence.
lie board fenee~ shall ~,e co2s~ructsd ncr shall any ~nce or
hedg~ be constructed at a height greater than t~ee (3) feet.
~t neither the s~id party of the second ~rt or ~n heir~
0r asgl~ s~ll, or wi~ ~nuf~cture or ~ell or ca~e or pe~It to be
~n~ae~ed er sold on any portion of the premises hereby convoyed,,
a~ goods or merc~dt~e of a~ kind and will not car~ on or per.it
to be'oa~ied on, on any part of maid pre~ses, a~ trade or
W~eT~ or do or ~er~t a~ ~nner of things which el~ll be a nuisance
~wholeso~ or o~efve to the neighborhood and t~t no asylum, hca-
Dit~l, boarding house, shall be e~-ected~ upon a~ portion of ,a~d
The ~rty of the s~cond part shall not ~intai~ cows,
er goats or.a~'thing of a noxious or not,oma character thereon,
No outside toilets shall be erected on shy ~art of said ,-,lot
an~d the l~rty .of the second part covenants that s~wage antipasto ,water
upl~n ~id premises shall be disposed of in such a manuer ~s no ~ to
coutaminate the po~&ble water supply thereon and upon the~oinin~
premises and so &s~lle: to con2amlna%e the waters o~ Long Ii'nd 3o~ud
and shaI~ .be d~Sposed of in such manner as shall be approved by tho
Publta Health Author~ties of the State of New York.
Tile foregoing covenants and restrictions shall be de~m.~d real
eOvenarlt~ running with ~he land ~d ~ha!l be binding on tbs }]~!~1~, ~-
e~utors, a~ni~ir~to~, legal r~pre~e~tatlves and succeegors of the
~speetfve ~rties hereto~ until the first day of Jan~ry 1961~ when
they s~lt c~e and deter~dne but the seller reserves thc right to
alter, amend or a~ ~ of these covenants at a~
in ~ltlng with any o~er of any lot or lots or ii,ns
restrictions wtShou~ ~he con~ent of any other owner cf
subject to Said restrictions or covenants.
BOARD OF APPEAES, TOWN OF c;OIJTHOt. O
In the Matter or the Petition of :
Andrew & Ann Monaco :
~the Board of Appeals of the Town nf %nuthnld
]O: Vincent & Ann Gerosa
39 Rugby Road
Manhasset, NY 11030
NOTICE
TO
ADJACE~T
PROPERTY O%~ER
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to requesta L~ariance~)(SpeciaI Exception) (Special Permit) (Other) [circLe choice]
2. That the property which is the subject of the Petition is located adiacent to your property and is d~-
cribedasfotlows: North east corner of RQ~kY Point Road and Aq~la_yi~
East Marion. New York
Section 021 Blk 02 Lot 01
3. That the property which is the subject of such Petition is located in the followinff zoning district:
R-40
4 Thath~suchPetition, theundersignedwillrequestthefollowingrelief: g~¢ h~,k
from Bluff to Dromosed Um,se Frnm n,,rr~nr 100' reqtllrmm~n~
to 55' relief
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 1000 Sect/ch 239.4
[ ] Section 280-A, New York Town Law for approval of access over rJght(s)-of-way~
6. That within five days from the date hereof, a written Petition requesting the relief specified above ,,viii
be flied in the Southold Town Clerk's Office at Main Road, $outhold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809. -
7. That befure the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: /L~.~.,~ ~.--- /~
Petitioner
Owners'Names: Andrew & Ann Monaco
PostOfficeAddress
9 Cliff Drive
Kings Park, NY 11754
Tel. No. (516) 269-9063
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
BOARD OF APPEAES, TOWN OF SOUTHOLD
In the Matter oT the Petition of :
Andrew & Ann Honac9
~the Board of Appeals of the Town nf %ouThold
]O' Vincent & Ann Gerosa
39 Rugby Road
Manhasset, MY 11030
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeais of the Town of Southold
to requesta L--~ianc_.~(Speciai Exception) (Special Permit) (Other) [ci£cle choice]
2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisd~.
cribedasfollows: North east corner of R~ky Point Road and Aq~a__y~w Ave.,
East Marion, New York
Section 021 Blk 02 Lot O1
That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 That by such Petitiun. the undersigned will request the following relief:
from Blgf~ ~;o proposed No,me from ("lll'"T"~an~* 100I reqllirement
to 55' relief
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 1000 Sect/cn 239.4
[ ] SectJon 280-A, New York Town Law for a~proval 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, 5outhold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Travcler. Mattituck Watchman, newspapers published in the
Town of $outhold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Petitioner
Owners'Names: Andrew & Ann Monaco
PostOfficeAddress
9 Cliff Drive
Kings Park, NY 11754
Tel. No. ( 516 } 269-9063
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF ~Atl.tNq OF NOTICE
,\T~.?~CIT C ......... D :~J~[L i<ECZZPTS
ADDRESS
I also wish 'to receive the
fotiowing serViCeS Ifor an ext;a
fee):
1. ~ Addressee's Address
2, ~ '~e~ri~ed oeliva~
439 019
,'T, FOR CERTIFIED MAIL
NO IN.uRANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
, PO, St teand ZiP Coddle
Postage $
Certified Fee
Speoal Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing to'whorn,
Date, and Address of Delivefll~. Z
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
Andrew Monaco , residing at 9 ~liff Drive
Kings Park, NY , being duly sworn, deposes and Says that on the /'/ day
of ,~'~__ ,19 ~..-- , deponent mailed a true copy of the Notice set forth on the re-
verse ~'~de h~eof, directed to each of the above-named persons at the addresses set opposite their respecti;ve
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on"
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post
ficcat Kings Park,
(certified) (registered} mail.
NY
Sworn to before me this //
day of ~.,,..~-~ . ,19,~
Notary Public
;that said Notices were mailed to each of said persons by
(This side does not have to be completed on form transmitted to adjoining
property owners.) ;