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HomeMy WebLinkAbout4086 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4086. Upon Application of HELEN AND ANTHONY COUTSOUROS. Request for determination confirming or recognizing this vacant lot as a substandard lot, under Article III, Section 100-32A and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Hamlet and Town of Southold; County Tax Map Designation 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. WHEREAS, a public hearing was held on March 25, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant seeks a deteration for approval or recognition of the subject lot, having a total nonconforming lot area of 20,000 sq. ft. and nonconforming road frontage of 100 feet along the westerly side of Tucker's Lane, Hamlet and Town of Southold in this R-40 Zone District (which requires a minimum lot area of 40,000 sq. ft. and lot width of 150 feet). 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-59-10-12, located opposite Greenfields Lane (a private road) which intersects Tucker's Lane to the east. ~age 2 - Appl. No. 4086 Decision Rendered March 25, 1992 Matter of HELEN AND ANTHONY COUTSOUROS 3. The record shows that the owners (Estate of John Szawaluk and Dorothy Szawaluk) acquired the subject parcel on July 30, 1960 from Clement W. Booth, Clement W. Booth Jr. and Edward C. Booth by deed at Liber 4061 page 128. It is noted, however, that the Clement W. Booth owned at least a one-half interest in the subject parcel by deed dated December 19, 1942, recorded at the County Clerk's Office January 7, 1948. (It should also be noted that the subject parcel is presently under a contract of sale between the owners and Helen and Anthony Coutsouros dated September 1991.) 4. For the record, a single-and-separate search has been submitted and prepared by Security Title and Guaranty Company under Title No. S1055298ss and reviewed certifying conveyances of land to the north and southwest within this block (located along the westerly side of Tucker's Lane ) and immediately abutting this parcel. 5. The survey submitted under this application was prepared by Roderick VanTuyl, P.C. for Helen Cotsouros dated October 21, 1991. 6. The proposed footprint of a principal dwelling structure has not been provided since it is the owner's intentions to comply with all setback and lot coverage regulations of the zoning code in effect at the time of construction. 7. Article XXIV, Section 100-244B of the amended Zoning Code, adopted January 10, 1989, provides that: "A nonconforming lot separately owned and ... not adjoining any lot or land in the same ownership at any time subsequent to (the effective date of this Article) may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership in the form of an abstract of title showing the changes of title to said lot ... and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of the previously applicable Zoning Law... " 8. It has been determined that although the property was not conveyed to the present owners until July 30, 1960, that: ~age 3 - Appl. No. 4086 Decision Rendered March 25, 1992 Matter of HELEN AND ANTHONY COUTSOUROS (a) sufficient proof has been demonstrated showing conformance of the zoning regulations at the time of the 1960 and earlier transfers; (b) it is apparent that it was and always has been the owners' intent to keep this parcel single and separate - the parcel has been in single-and-separate ownership for more than 31 years; (c) it is apparent that the parcel met the size requirements of the zoning ordinance in July 1960, which size was required to be a minimum of 12,500 sq. ft. per lot; (d) has been noted historically in town records that transfers of this type have been accepted for the purposes of single-family dwelling use under the previous ordinances (prior to September 1979) - except that the 12,500 size requirement was in effect under the town ordinance from 1957 to November 1971, and there was a minimum size requirement of 40,000 sq. ft. from November 1971 to May 1983. 9. In considering this application, the Board also finds and determines: [a) that this parcel is similar to those generally existing in this residential area and there will be no substantial change in the character of the neighborhood; (b) that the difficulties cannot be obviated by some method feasible for the appellants to pursue, other than this application; (c) that the grant of this application will not create increased density; (d) that the practical difficulties are uniquely related to the property and are not personal to the property owner; (e) that it is the board members' belief that the property was intended to be single and separate continuously for over 31 years as shown in the record of title; (f) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the Application for HELEN AND ANTHONY COUTSOUROS Page 4 Appl. No. 4086 Decision Rendered March 25, 1992 Matter of HELEN AND ANTHONY COUTSOUROS qnder Appl. No. 4086, BE AND HEREBY IS APPROVED, AS APPLIED. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Goehringer, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. ~OEHRINGER./CHAIRMAN 7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, $outhold, New York 11971, on WEDNESDAY,MARCH 25, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 - MRs. AND MRS. H. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road #3), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot 9s 11, 13.3, 27, 29, & 30). (2) 7:40 p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Boa~-~f Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerning premises known as 7655 Main'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Appl. No. 4092 for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 3.6,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or lease of used vehicles. Also, as an alternative, a ........Southold~TOWBOardoAP~n~"--~-f--'p variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles, (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. ~ (5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement}, and/or: (b) Article XVII~, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposedlots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, -3- $outhold Town Board of Appeals Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-04-23; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/7~ The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOW~N BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRM3~N By Linda Kowalski - Copies have been f~rwarded to the following on or about 3/10/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) RECEIVE //;/~ ~ TOWN OF SOUTHOLD, ~.~sY~)I~ APPEAL FROM DECISION OF BUILDING INSPECTgR~iji~jd TewnC~eI~APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Helen and Antho.nj .~g~tsg.gros of .....~.Q..g2Ln..~b.i..a...~.~;~.~g.~ .................................... Name of AppeJlor~t Street and Number ....... .~m~t~ea~.,...N.¥.....1.l.55~ ......................................................................... 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 ( ) ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Tucker Lane, Town of Southold, R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section 59 Block lOLot i~L~ ' 0wnergorothy Szawaluk, Executrix of the ...................................................................... Lurrenz n Estate o~ doh~ ~zawaluk, contract of Map No. Lot No. Prior vwner, sa~e genang w~th Uoutsouros. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Arti cl e Secti on 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (~ff (X) We would like con£irmation that the property located at 1000-sg-10-1~ meets with Lhe requirements at the Zoning Board o~ Appeals in order to obtain a bu~J_cl~n~ permit. 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeol was ( ) request for a special permit ~ ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance equested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF~I~I'iJ~Q-~ would produce practical difficulties or unneces- sary HARDSHIP because. :2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI$i ~,ICT because STATE OF NEW YORK ) '~, COUNTY OF Suffolk ) Signature Demetrios R. Halikias, Esq. Attorney for Helen and Anthony Coutsouros Sworn to this ........... ~2~.b. .......................... day of...Jaaua~ ....................................... 19 92 ~ 15[o~r'y Pub ic OWNER TOWN OF S.~THOLD OPERTY RECORD CARD VIL~GE / I F(~ER (~Wl,~r~ RES. SEAS. LAND IMP. TOTAL FARM DATE DISTRICT J SUB. LOT ACREAGE J, ' TYPE OF BUILDING COMM. JlND. CB. J MISC. REA~RKS JEst. Mkt. Value AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FR. ONTAGE ON WATER Farm Acre Value Per Acre ~illable 1 Tillable 2 Tillable 3 Woodland Swampland Brushlan~l House PI°t Value FRONTAGE ON ROAD BULKHEAD DOCK Total /,.t~-~-~,_/,~..//TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER FORMER OWNER --'RLs. ~/~ SEAS. LAND 700 IMP. STRE / Z, 5. , VILLAGE t, ,, ~1 TOTAL J IND. DATE REMARKS / z_./ /~'.~ DISTRICT SUB. LOT ACREAGE , ~ TYPE OF BUILDING AGE BU I LDING CONDITION NEW' NOEMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK Tillable 1 'l~illable 2 ~illabl~ 3 Woodland Swampland Brushland,~ House PIo~'. Total M. Bldg. ~,~',,~3 <~>'-- /D ~/ Z,.~ ~ I~n~ti°n i~ ~' IBa~ ~e~ion ~. Walls~- Interior Finish ~emi~ Fire Place ~. Heat '~ Po~h R~f T~e Pomh R~ 1st Flor Br~ze~ / Patio R~ms 2nd Flor Gar~e' /6 ~ Z ~ : ~- ~ /~c ~'2 ~ivew~ Dormer O.~ B. / _~./TOWN OF SOUTHOLD ~)I(OPERTY RECORD CARD OWNER FORMER OWNER STRE~ ~ VILLAGE DISTRICT ACREAGE SUB. LOT --Wl~,~,~' ~")Y'~""~-' C~l~f~ ~PE OF BUILDING ~. s~s. ~,RM /~..- co~. J,~. J c~. . ~,sc. ~ND IMP. TOTAL DATE RE~RKS / ~ ~ ~ '~ vL AGE BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Bru~ shland~.~. House Plot Tota I JEst. Mkt. Value ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD 7/ D. O~- BULKHEAD DOCK 77.25' g°oo ?/'/ M. Bldg. Extension Extension Extension Foundation Basement Ext. Walls Fire Place Porch ~/'~ i,/, Bath -- Floors .~,j.~,- Interior Finish ~ Heat _A/a Roof Type Rooms 1st Floor Porch Breezeway Patio Rooms 2nd Floor Driveway Dormer Garage Io.,B. ~. 67 'Eor '£. ~ . Modal 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 March 30, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Demetrios R. Halikias, Esq. P.O. Box 209 Peachtree Executive Park Riverhead, NY 11901 Re: Appl. No. 4086 - Helen and Anthony Coutsouros Dear Mr. Halikias: Please find attached a copy of the Board's findings and determination rendered at our meeting of Thursday, March 25, 1992 concerning the above application. Please be sure to return to the Building Department, County Health Department, and any and all other agencies which may have jurisdiction before commencing building activities. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jaroe$ Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF.APPEALS TOWN OF SOUTHOLD March S.E.Q.R.A. TYPE II ACTION ~ECLARATION Appeal No. 4086 Project/Applicants: County Tax Map No. Location of Project: Anthony & Helen Coutsouros 1000- 59-10-12 1125 Tuckers Lane, Southold, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 5, 1992 Relief Requested/Jurisdiction Before This Board in this Project: Review lot size This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2tjj)), 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 ~ulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record'purposes. mc pursuant to Section 267 of thc Town I.aw and thc Code of thc Town of SOUTIIOLD TOWN BOARD OF Ilall, 53095 Main Road, ~uuth~Id, New Yo~ 11971, on WEDN~DAY, MIl. AND MRS. II. LLOYD 27, 29. a 30). [u~sgng ~ ~ctcnnination confinning ~lliy T~ Map Pared ID No. I~- 1LLIAM C. GOODALE (Owncr) d I~?IARD G~DALE ~cnam) (a) AppL No 4092 for a Va~- ~o sc of used vchiclcs. Also, as an dbags, och with one singlc-fam~~ J acccs-~ory usc incidcmal to [hc pro- (5) 8:00 p.m. Appl. No. 4070 -- DALCIIET CORP.. WILLIAM AND LORRA1Ni~ ORLOWSKI. Variance to thc Zoning Ordinance, Article Ill, Section 100-32. Bulk Schedule, for approval of: (1) proposed Lo~ No. 3.~ size rcqui~mcnt}, and/or: (b) Ardclc 7325-1TM12 ] 5~ ~_~ STATE OF NEW YO~} COUN OF SUFFOm 00 o~ Mattituek, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks s~y, commencing on the 1,2--~q day of 19 Principal Clerk Sworn to before me this dayof ~/q~OFd~ WILLIAM ~. ARANEO NOTAR~ P[,,,~,~ S'ate of New York Date Documents Accepted for Filing: Apl. Fee Required: $ appl. No. ~ - ~~/.~ Application Incomplete for the Following Reasons: Date Application Form Not Signed or Notarized Notice of Disapproval not attached or in error-- Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / / / / / 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 February 26, 1992 Demetrios R. Halikias, Esq. Peachtree Executive Park Route 25 P.O. Box 209 Riverhead, NY 11901 Re: Helen and Anthony Coutsourous Dear Mr. Halikias: We are in receipt of the above application. Before this matter can be placed on the hearings calendar, the following information must be received: 1. Notice of Adjacent Property Owners form with the certi- fied mail receipt (from Post Office) attached. 2. One original survey. 3. Copy of Please feel free LK: lam deed of current owner. to call if you have any questions. Very truly yours, Page 4 - Appl. No. Decision Rendered March 25, 1992 Matter of HELEN AND ANTHONY COUTSOUROS ~]nder Appl. No. 4086, BE AND HEREBY IS APPROVED, AS APPLIED. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Goehringer, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. ~OEHRING ~/ Page 34 PUBLIC HEARING Southold ZBA 3/25/92 Appeal $ 4086 Applicant(s): Anthony and Helen Coutsouros Location of Property: 1125 Tucker Lane (westerly side of) Southold, NY County Tax Map No.: 1000-59-10-12 The Chairman opened the hearing at 7:45 p.m. and read the Notice of Hearing and the application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Robert VanTuyl and is just that, a copy, dated October 21, 1991 indicating an exactly half-acre lot of 100 x 200. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties and your are welcomed to use the mike, sir, just state your name for the record. DEMETRIOS HALIKIAS: I'm the attorney for Mr. & Mrs. Coutsouros who are purchasing the property. Basically what we want to do is make sure that after we purchase the property that sometime in the future, that they will have no trouble being able to build a small house there for their retirement. Of course, as the the application says based upon using any of th~, obtaining all the permits that are necessary at that time. CHAIRMAN GOEHRINGER: Thank you. Was this piece at any time to your knowledge, contiguous to any piece that is in that area? MR. HALIKIAS: No. We, be a single and separate search show that it had been held in single and separate ownership for about twenty-five (25) years by the current owner, Mrs. Swawalik, with her husband. She is a widow, she lives in New Jersey and she has no use of the property at this time and she is in favor of selling it. CHAIRMAN GOEHRINGER: I thank you sir. Is there anybody else who like to speak in favor of this application? Anybody like speak against this application? Seeing no hands, this is a proformer act gentlemen , I will make a motion granting it as applied for. to MEMBER DINIZIO: Second. End of hearing. (Transcribed by tapes recorded on March 25, 1992.) Southold Town Board of A~peals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Richard F. Lark, Esq. (Re: Dalchet Corp. P.O. Box 973, Cutchogue, NY 11935 William C. Goggins, Esq. (Re: Carlson) 11939 Riverhead 11901 & Orlowski) McNulty - Spiess, 633 East Main St., Box 757, Riverhead Mr. Arthur G. Carlson, P.O. Box 673, Southold, NY 11971 Mr. Andre Moraillon (Re: Carlson) 225 Central Park West, Apt. 1107, NY, NY 10024 Mr. Frank Flynn, P.O. Box 144, Southold, NY 11971 Mr. and Mrs. Theodore Klos, 475 Akerly Pond Lane, Southold 11971 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk February 24, 1992 Zoning Appeal Appl. #4086 - HELEN & ANTHONY COUTSOUROS Transmitted herewith is Zoning Appeal Appl. #4086 - HELEN & ANTHONY COUTSOUROS together with a letter from their attorney, Demetrios R. Halikias, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Contract for Sale, a copy of the Title Search, and a copy of the Survey Map. Judith T. Terry Town Clerk DEMETRIOS R. HALIKIA$ ATTORNEY & COUNSELLOR A'I' LAW PEACIITREE EXECUTIVE PARK ROUTE zs PO. BOX 200 RIVERHEAD, N.Y. 11901 January 17th, 1992 Zoning Board of Appeals Southold Town Hall 53095 Main Road, Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Helen and Anthony Coutsouros - Confirmation to Obtain a Building Permit Oear Mrs. Kowalski: Enclosed please find the completed Application in triplicate, the single and separate search of the property, survey, questionnaire, Short EAF form and our check in the amount of $150 for the filing fee. Should you require any additional information, please contact this office. Thank you. \' I~emetrios R. Halikias DRH:Cz enclosures TOWN CLERK · o,~ oP ~o,~.o,.o 4 2 6 8 8 Suffolk County, I~lew York Phone 516-765-1801 J~dith T, Te~, To~ Clerk DE~,IE trios R. Zoning Board of Appeals Southold Town Hall 53095 Main Road, Box 1179 Southold, NY 11971 March 10th, 1992 Attn: Linda Kowalski Re: Helen and Anthony Coutsouros Dear Mrs. Kowalski: Enclosed please find, pursuant to your letter of February 26th, 1992, the following: 1. Notice of Adjacent Property Owner with certified mail receipt. 2. The original survey. 3. Copy of deed of current owner. Should you need any further documentation, please call me at my new office number 369-6322. Thank you. Very truly yours, Demetrios R. Halikias DRH:cz enclosures BETW~ Clement W. Booth, residing at Southo!d, New York, and. Clement W. Booth, Jr., resting at Hot Springs ~ ~ , V..E .... a, and Edward C. Booth, residing at Waban, Massachusetts, party of the first part. and Jo.~.n Szawaluk and Dorothy Szawa!uk, his wife, both .os~d,ng at 25-74 41~th Street, Astoria, New l~rty of the second par4 WITNES$~TH, that the party of the first part, in consideration of ten dollars and other vaJuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second Da-t, the heirs or successors and assigns of the party of the second part forever, A~L that certain plot. piece or parcel of hnd, with the buildings and improvements thereon erected, situate, lying and hcing in ~he Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the westerly line of Tucker Lane 260 Feet northerly along said westerly line of Tucker Lane from an iron rail monument at the point where said westerly line of Tucker Lan,, is intersected by the northerly line of land of Long Island Railro. from said point of beginntn$ running along the northerly line of 50 foot private road South 67 degrees 55 minutes West a distance 200 feet to a point and other land of the party of the first par~; running thence along said other land of the party of the fi~ par the following two courses and distances: (1) North 22 degrees 15 minutes West a distance of !00 feet; then~ (2) North 67 degrees 55 minutes East a distance of 200 feet to a point on the westerly line of Tucker Lane; thence rm~ning along t' said westerly line of Tucker Lsue, South 22 degrees 05 minutes E~ a distance of 100 feet t.o the point of beginning. Together with a right of way over said 50 foot private road from the southwesterly corner of the premises herein described to Tucker Lane. Subject to Covenants and Restrictions attached hereto snd hereby mede a part hereof. TOGETHER with all right, t t e and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the a urtenances and all the estate and rights of the party of the first part in and to said premises; TO HAV~PAN. D TO theHOLDpartytheof premiseSthe secondhereinpart grantedforever, unto the party of the second part, the heirs or successors and assigns of AND the party of the. first part covenants that the party of the first part has not done or suffered any+..hing whereby the sa d premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance wtih Section 13 of the Lien Law, covenants uhat the party of the:_.:t.fir~::n:::...:.::!,p-.~t xx~ill receive the consideration. . . for this conve'.-ance, and ;vi!l ho~d the right .to receive -% c,*, ccn~:a-'' I 3 1 32 $$: : Commo~twealtk of g~rginia ~ ~ / ' {' t t°-~it: I .......... ~l,!'g.S. ttla D.._~!~ek ........................... Clerk of the Cll'ault .... ~ourt of the ...¢9..~..~;I~ ................ aforesaid in the State of Virginia, the same being a court of record, do certify that....~.~.~$..~..!~O~..$..~...~.. ..................... , whose genuine signature is attached to the,foregoing certificate is, and was at the time of signing the same, a ........ ~.o.~.....~...b.~.~9 ............... i,~ and for the said ....... O.~g~.~Y ........... , duly.~..~ ...... and qualified, residing in said.._.__~.l}~ ..... and duly authorized, by virtue of his off~ce, to ta.ke acknowledgments to deeds and or. her writings, and to administer oaths under the laws of this State. I further certify that the official acts of the "~cL==-.=,'--.~.-..~..,~...~O...:'-.i.:.'.7.~..:.,,.-.::....:.:.:: .............. ~ ....... are entitled to full faith and credit; that I am well acquainted with the' hand~Titing of the said .......... ~.._...l~_.....l~...~ .................................... and verily believe his signature to the foregoing proof or acknowledgment to be genuine; and that his attestation is in due form of law. In testimony whereof I, have hereunto set my hand and affixed thc seal of the said Cour~ this ...... ._1..1..'~9 ........ day of ...... o'~t!~' ............ 19._..60, and in the 1.....~..~_.. ..................... year of the Commonwealth. .... " RECORDED I PROJECTLD. NUMSER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR . APPUCANT/SPONSOR Helen and Anthony Coutsouros 3. PROJECT LOCATION: Municidality Town of Southold PROJECT NAME County Suffolk Tucker Lane, nearest intersec~on Greenfields Lane Tax Map Number 1000-59-10-1~.J~ PROPOSED ACTION: [~ N,w [] ;x=ansio. [] Modlflcatio.lalteraflo. 6. DESCRIBE PROJECT BRIEFLY: To build a house on the property after the closing. Contract of sale pending with owner of property. Want to confirm that this property meets with the requirements of the Zoning Board of Appeals in order to obtain a buildin~ oermit. If a buildin~ permit cannot be obtained the applicant cannot 7. AMOUNT OF LAND AFFECTED: proceed with the purchase of the property. Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [] NO If NO, describe briefly B. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? . 3[~ Residential [] industrial [] Commercial [] Agriculture [] Park/Forest~Open space [] Other 12. AS A RESULT OF PROPOSED ACTION WILL EXmTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Ye, [] No I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEET OF MY KNOWLEDGE Applicantls~onsor name: Demetrios R. Halikias, Esq. ¥ ---.,Attorney for Helen and Anthony Coutsouros S~gnatute: Da,e: 1/17/92 If the action is in the Coastal~rea, and you are a state agency, complete tt~e Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) before any action is taken, this board (a) In order ~o 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 nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ~es ~ /NO 2. Will there be a major change to any unique or u~u~ual land form on the site? ____Yes ~' NO 3. Will project alter or have a large effect on an existing body of water? Yes ~ No 4. Will project have a potentially large impact On groundwater quality? Yes 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 ~No 7. Will project result in a major adverse effect on air quality? Yes /No 8. Will project have a major effect on visual char- known to be important to the community? __~Yes No 9. Will project adversely impact any site or struct- u:e of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental 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 to existing transportation · systems? -- Yes o 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. 14. Will project have any impact on public health or safety? _.__Yes '/No 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 _~/No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there pub~roversy concerning the / project? ~~ , ~ ' __Yes No Preparer,s Signature: ~ Representing: Helen ~n~ Anthony C~l~t~,,m~q ZSA 9/$5 - Date:~/17/g? 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: (Sqparate sheet may be attached.) Dorothy Szawaluk. Executrix o~ Contract of sale mendin~ with the Estate of John Szawaluk Helen and Anthony COllt~ollro~ B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? {x } Yes Helen & Anthony Coutsouros { } No. (~f Yes, pl~a~ at~-h cot~/ mf "oond/~nns" of sale.) C. Are there =~roposals tD=hange~r alter land contoul~? { } Yes {x} No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No 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 fences which ew~t ~d are not shown ~n the survey map that you arm submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No 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 To construct a one family home ~fter closing, Authorized Signature and Date Demetrios R. Halikias, Esq. 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-$-84 by L.L. No. 6-1964] WETLANDS [Amended 8-26-76 by L.I~ No. 2-1976; 3-26- 85 by l.~'~ Na F~-1985~ ~'~"t'?. '? ~T 71 ' TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal wators, 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, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, t~ll cordgrass, high bnsh, cattails, groundseL mars.hm~llow and low (3) All land immediately adjacent to a tidal w~tland 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- tie 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 ~vith- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-2s.s~ 7his Contract for Salc is made on ~pr~.bo_~ , 199'1 MZ%'WMMN P~ror_hy Sz~a!uk, indix~2&~mlly ~.d as executrix of r_~ Es:ate of Job~_. Szawa!~k whose &dd.~ss is 361 Harvey Court, Wyckoff, N.J. AND '{,~.-~!~n and Aritho;ny Coutsouros 07481 rcfc~cd to as thc Seller w~.os: &ddt:ss is 20 Cynthia Street, Hompstead, N.Y. 11150 ref¢.~ed to ~s the Buyer. '~ wo~s "2~:r" ~nd "~2er' include all Bu~em and all Selle~ listed above. 1. ~a:~zsa ~reeme~l.; ~' %Ncr ag~ ~o ~ ~ ~ Buyer ages to buy ~ pm~ d~fi~ in ~h ~nla~ 2. ~. ~e pm~a~ Io ~ ~ld consists of: (a) ~e land and all ~e buildings, other impmvemen~ and fixtu~s on · e land; ~) ~1 of~ ~ller's fighm ~la~ing ~o ~ land; an~ (c) ~1 ~1 pm~ny s~ifically includ~ in ~his commct. ~e ~ pm~ to ~ ~ld is ~only ~own ~ S~ att~d Tztle Pokey ~d ~d. in ~ of in lhe Counly of , and S~te of New York.Il is ~own on the munici~l mx map ~ Io~ in bl~k . ~is pm~y is mo~ hlly de~fi~ in the a~ch~ ~h~ule A. 3. ~rc~ ~e. ~e pu~ha~ price is $ 50,0~.00 Paymen! of Purchase Price. The Buyer will pay the purehase price as follows: Previously paid by the Buyer (initial deposit) Upon signing of.this contract (balance of deposit) , To be h~id zn Trust Account of John R. Dineen, Esq. until closing of title. Amount of mortgage (paragraph 6) $ By a4ming the obligati~ to pay the prese/t morlgage a¢codg to its terms. This / mon~. ge shall be in goo}f standing at the clgiing. Either party ~ay'cancel this contract/ if th/~Lender does not 7trait the Buyer to~sume the mongagf/(estimated balance du~$ By/the Seller takingffback a note and/fiongage for / yeary/at / % in/ernst with month~ paymen, ts ~seg/o_n a /~ear ' ~ymcn, ~h~ule. ~e Buyer will pa/;~ S~ne~ s a,o~y S / //'or the preparation/of the necessary ~ocumcnts. The Bqiter wi also pay all reCOrding ?os,, .~ p,ovid?e Seller with 7'ad~ua,eaffidavi}/of title. / $ Balance Io be paid at closing of tit]e, in cash or by certified or bank cashier's check (subject to adjustment at closing) $. Deposit Moneys. All deposit moncys will be held in trust by umil closing of title (nco-interest bea~ing). 5,000.00 $ 45,000.00 John R. Dineen, Esq. 6. Mortgage Cont'~gency. The Buyer agrecs~ make a good faith ef/o'n to obtain a flint mortgage Ion upon the terms ~seClmobenl~°~e iT~o;n~rY~ra? smeu ,nfl Is... _. ,.- ~/ ..... ,19 ./. , to obtain a commitment a/~Um a lender for u~on ex,~it~,, ~;,~.~ -'~L~' '~' ~'"~' '"~ .P~.Pa w~tnout tnm loan. If s is not done before this deadli , and an agreed ............. 7,-~,~_ party may cance, th,sToon:ract' it?sis ,~a~ y Type of Mortgage: [] convention~, [~/FHA, [] VA EY other ................................................................. Amount of Loin: $ / Interest R~ate: pL~o~ngttsh.. °f M~ng. age: yeara/~ith monthly payment: ~a;~ on a % '~i"~cnt schedule · / _~.e _~u~ ag=~ ,o p.y/ poin,s for a ,o,a, of S r " ' i .ne tlerag e,,o poin,s,*ora,ota, of, / '/.. TImCand place of Closing. ~ake ~,]ov~ ]- the closing can take place on or the estimated date. The closing will bc 8. Transfer of Ownership. At the closing, thc Seller will transfer owncrship of the property to.thc Buyer. The Seller will $iv¢ the Buyer a properly executnd d~d and an adequate affidavit of title. If the S~ller will al~ d~liv~r a coyote ~lutlon auiboNzing the ~le. 9. Ty~ of ~ed. A dc~ is a w~ttcn d~umcnt oscd to tm~fcr ownc~hip of p~Y- In ibis sale. ibc Seller ages to ~vidc and ~ Buy~ ag~ to accept a ~cd known as pm~ that lh~ ~co~ a p . ,c/~ .... ~-~'-~ listed ~low as ~ine~XCLUDED. ca~tlng, i[~lcm ~ ' ' ' ~) ~ ~,lowin, i,,ms a, E~LUDED from this sa'~ ' / ' / ~ / ' · rt . This rolxmY is b~ing sold "as is". The S~llcr do~s not make any claims 11. Physical Condition of the Prope y P- . · .... ~ :- this sale. Thc Buyer has inspected thc or promi;es about th~ condition or value of any o! me property mcmucu -, proper~y and r~lles on ibis inspection and any rights which may b~ provided for ¢lscwhcr~ in this contract. Ti,~ 12. lnspeCiion of the Property. The Seller agrees to permit thc Buyer to insl~ct'the properly at any r~asonable will permit access for all inspections provided for in this contracL 13. ¢ or other I states ibat ibis do~ n v*I~ac Y' PP --ia ino~es an" municipa~]'~cCrtificate of °ccul~ncy ' If ibc Seller ~ils inspections ~)y taw. ~.n n~Ouu ., ~r ~ -- violations of la~ at ~e Seller's xpense, the Bu may cancel this c~n~ra 14. ~ federal and state governments have designated ccrtaln ar~as as "flood areas". This n~ans they sro mor~ likely to have floods than other areas. If this property is in a "flood ar~a" the Brayer may cancel ibis contract within 30 days of ibc signing of ~is contract by all panics. 15. Property Lines .... . ss the bounds lines of ibis ~t~l~~Also. no improvements on adjmnmg propcmes extend acre property. 1~. Ownership· The Seller agrees to transfer and the Buyer agrees to accept ownership of the proper~y frae of all claims and rights of oibcra, exccp~ for: (a) the rights of utility companies to maintain pipes, poles, cables and wires over. on and under the str~¢t, the par of the property next to the street or running to any hous~ or other improvement on the property; (b) racorded agr~mems which limit the us~ of ibc properly, unless the agreements: (1) am prcsemly violated; (2) provide that the property would b~ forfeited if they were violate:l; or (3) unreasonably limit the normal use of the property; and (c) all items inclndnd in Schedule A as pan of tM description of the In addition to the above, the ownership of the Buyer must b~ insurable at regular rates by any title insurance company authorized to do business in New Yo~'k subject only to the above exceplions. · re ri does not comply with paragraphs 15 or 16 of ibis contract, the Seller will 17. Correcting Defects. If thc p .pc y ............. ,ill CS not corn ly after that date, thc Buyer may bc notified and given 30 days to make it compty. ~l tae p~,~,,.~ ..... do P cancel this contract or give the Seller mor~ time to comply· · u er is rmitted to hav~ thc property inspec~d by a repurable t.~r~, tc insp~c..ti.on 18. Termltel~spection. The}~y pe .. . l...~a,v,erm.tcsor~therwood-destroym~'ms¢cts'llme · company tO ~etti sine if ibcreis aif~da--age ormrestat,o, ~au---,-- ' -- . - ...... Buyer chooses o have this inspe tion, the inspection taus! b~ completed and thl~ Seller not~fied o! ~hi~ rosutts w~mm · ct b all arties. The [ will p~y for this insiderion.jfinfestati°n or 10 days of the nmg of this co . Y P ! .... ' .....11 i~f'cstation and repair a[l damage before damage is fou/~d, the Seller will~:~ given 10 days to agref to ex,cream ..... }---- / ibc closing o~ ,h~ Buyer. may c{,ccl ibis compel- / -- no'al TITLE NO. SlO55298ss SECURITY TITLE and GUARANTY COMPANY certifies to the TOWN OF SOUTHOLD that title was examined to the premises described herein: ALL that certain plot, piece or parcel of land, situate, lying and being in Southold in the Town of Southold, County of Suffolk and State of New York, known and designated as a DESCRIBED PARCEL situate on the West side of Tucker Lane 260 feet Northerly along said westerly side of Tucker Lane from a monument of the intersection of Northerly line of Long Island Railroad land. ALSO known and designated on the Real Property Tax Map as District 1000 Section 059.00 Block 10.00 Lot 012.000. That said premises is bounded on the NORTH by: DESCRIBED PARCEL - District 1000 Section 059.00 Block 10.00 Lot 011.000. On the EAST by: TUCKER LANE On the SOUTHWEST by: DESCRIBED PARCEL -District 1000 Section 059.00 Block 10.00 Lot 006.001. That said title examination completed on 9-10-91 cert,ifies that title to the said premises has been held as per al~ached chains of title since April, 1957. This affidavit is made to induce the Board of Appeals of the Town of Southold to reach any determination that the foregoing information is a basis therefore, well knowing that said Board relies upon the truths and statements contained herein. The liability of the COMPANY however, under this CERTIFICATE is limited to ONE THOUSAND ($1,000.00) DOLLARS for any reason. SECURITY TITLE and GUARANTY COMPANY Sworn to before me this Assistant Title Officer Notary Public, State of New York CHAIN OF TITLE FOR SUBJECT PREMISES: TITLE NO. S1055298ss Clement W. Booth and L 2790 cp 107 Robert I. Booth d. 12-19-1942 to r. 1-7-1948 Melrose I. Booth as to 1/3 Interest and Clement W. Booth as to 2/3 Interest Melrose I. Booth, hereby conveys his 1/3 Int. L 2790 cp 103 to d. 12-29-1947 Clement W. Booth r. 1-7-1948 Clement W. Booth L 4679 cp 111 to d. 8-20-59 Clement Whitney Booth, Jr. as to 1/6 Interest r. 8-21-59 Clement Booth L 4679 cp 116 to d. 8-20-59 Edward C. Booth as to 1/6 Interest r. 8-21-~59 Clement W. Booth, Clement W. and Edward C. Booth to John Szawaluk and Dorothy Szawaluk, ux LAST DEED OF RECORD Booth, Jr., L 4861 cp 128 d. 7-30-60 r. 8-19-1960 Find no Proof of death'in Suffolk County Clerk's or Surrogate office for John Szawaluk. LAST OWNERS OF RECORD by L 4861 cp 128 above. SECURITY TITLE and GUARANTY COMPANY Swornday to before of me 'this by ~/.~//~. i ~/~ Eliz~eth K. Engelma~ Assistant Title Off.er CHAIN OF TITLE FOR PREMISES NORTH: Clement W. Booth and Robert I. Booth to Melrose I. Booth as Clement W. Booth as to 1/3 Interest to 2/3 Interest TITLE NO. S1055298ss and L 2790 cp 107 d. 12-19-1942 r. 1-7-1948 Melrose I. Booth conveys his 1/3 Interest L 2790 cp 103 to d. 12-19-1947 Clement W. Booth r. 1-7-1948 Clement Booth to Clement Whitney Booth, Jr. as to 1/6 Interest L 4679 cp 111 d. 8-20-59 r. 8-21-59 Clement Booth L 4679 cp 116 to d. 8-20-59 Edward C. Booth as to 1/6 Interest rl 8-21-99 Clement W. Booth, Clement W. Booth, Jr., / L 4861 cp 124 and Edward C. Booth t d. 7-30-60 to r. 8-19-1960 Nick Purich and ~ Mary Purich, ux LAST DEED OF RECORD Sworn to before me day of SECURITY TITLE and GUARANTY COMPANY this Eli~beth K{ ~ng~ann ' AsSistant Title Officer PARCEL EAST: TUCKER LANE TITLE~. S1055298ss CHAIN OF TITLE FOR PREMISES SOUTHWEST: As to all premises Booth and Robert I. Booth Clement W, L 2790 cp 107 to d. 12-19-1942 Melrose I. r. 1-7-1948 Clement W. Melrose I. to Clement W, Booth as to 1/3 Interest and Booth as to 2/3 Interest Booth conveys his 1/3 Interest L 2790 cp 103 d. 12-29-47 Booth r. 1-7-48 As to Part of Premises (cor. Tucker La. & rte 48) ~ Clement W. Booth L 2959 cp O1 to d. 6-11-49 Gwendolyn W. Bott ~..6713~49 Gwendolyn W. Bott to Clement W. Booth L 4659 cp 136 d. 7-10-59 r. 7-16-59 As to all premises Clement Booth to Clement Whitney Booth, Jr. as to 1/6 L 4679 cp 111 d. 8-20-59 Interest r. 8-21-59 Clement Booth to Edward C. Booth as to 1/6 Interest CONTINUED: SECURITY Ti Sworn to before me this day of L 4679 cp 116 d. 8-20-59 r. 8-21-59 ~ and GUARANTY COMPANY ~Assistant Title O~ficer TITLE NO. SIO55298ss CHAIN OF TITLE FOR PREMISES SOUTHWEST CONTINUED: Clement W. County on 8-28-81 Testate, Probate No. 1878P1981 leaving Will and Testament and under said Will appoints Edward C. son and North Fork Bank and Trust Company as Executors. Testamentary issued to both on 11-23-81 Edward C. Booth, individually and with L 9503 cp 321 North Fork Bank and Trust Company, as d. 12-23-83 Co-Executors of the Estate of Clement 1-27-84 W. Booth, deceased and C. Whitney Booth, a/k/a~ Clement Whitney Booth, Jr. as to 1/6 Interest to Booth, a/k/a Clement Booth died a resident of SUffolk Last Booth, ~tters David L. Mudd Sworn to before me this day of SECURITY TITLE and ~UA.RANT~ COMPANY ~Eliz~eth K. En~~- ass/lstant Tit l~'~r ! (~) COUNTY OF SUFFOLK i,..~ $OUrHOLD O59 t COUNTY OF SUFFOLK TO,.O~ SOUTHOLD Properly Tax Service Agency ~LL~GEe~ County Center )JSTRICT NO. JOOO Riverhead, [. I, New YorL 059 PROPERTY R'--80 HD, R--80, . SOUTNO£D APPEALS BOARD MEMBERS ;d · ;.: SCOTT L. HARRIS .~ .;~ Supervisor Gerard P. Ooehringer, Chairman ~ Charles Grigonis, Jr. : Town Hall, 53095 Main Road Serge Doyen, Ir ~ :~ P.O. Box 1179 James Dinizio. Jr. Southold, New York 11971 Robert A. Vi 11 a BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD l~e~,d)hone (516) 765-1800 ACTION OF THE BOARD OF APPEALS ~ Appl. NO. 4013. Upon Application of CARMINE AND VENUSTA CARNEVALE. Application requesting review and determination confirming or recognizi.ng this vacant lot for the purpose of obtaininq a building permit for a single-family dwelling use in acc6rdance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244 of the Zoning Ordinance. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation 1000-78-2-7. WHEREAS, a public hearing was held on March 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. By this application, applicants seek: (a) a determination under the Zoning Code that the subject premises complies with the applicable lot area and width regulations of the zoning code as applies in this R-40 Zone District for single-family residential use, and/or: (b) a Variance under Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for approval or recognition of the lot area and width which are presently nonconforming in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-78-2-7 and is located along the northerly side of Glenn Road, Hamlet and Town of Southold. 3. It is noted for the record that : Page 2 - Appl. No. 4013 Matter of CARMINE AND VENUSTA CARNEVALE Decision Rendered March 22, 1991 (a) the subject land is presently in the ownership of V.A.F., Inc., which acquired the parcel by foreclosure sale December 6, 1989, deed at Liber 10988 page 269; (b) the subject land is also known and referred to as Lot No. 50 on the Subdivision Map of West Creek Estates filed with the Suffolk County Clerk's Office on July 6, 1937; (c) the Subdivision of West Creek Estates is, under the current zoning ordinance, is listed under Section 100-12 "Exceptions." All of the lots on this map are to be excepted from the lot areas and lot width as shown and designated on said map. Due to this exception clause in the code, a single- and-separate search was deemed not to be required in making this determination. 4. The survey submitted under this application shows 135 ft. (lot width) frontage along Glenn Road, lot depth along the westerly side property line of 150.83 feet, and total lot area of approximately 19,500 sq. ft. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-78-2-7, now of V.A.F. Inc. and under contract of sale to the applicants, CARMINE CARNEVALE and VENUSTA CARNEVALE, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk ~ GOEHRINGER, CHAI~~ ' 50dTHOLD NY BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Helen & ^nthony Coutsouros to the Board of Appeals ofthe Town of Southold TO: Marya Purich Tuckers Lane Southold, NY 11971 NOll££ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention Df the undersi§ned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Confirm that the property meets with the requirements of the Zoning Board of Appeals in order to obtain a building permit. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoliows: VaC~p~ land. 200 sQ. ft. x 100 sq. ft. - frontinq on Tuckers Lane Tax Map location - 1000-59-10-11 - see attached survey 3. That the property which is the subiect of such Petition is located in the following zoning district: g-40 4 That b~, such Petition, the undersigned will request the following relief: ~f~rm~t~o~ that we can obtain a buildin~ permit. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1B09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 9th, 1992 ~-.. Petitioner Demetrios R. Halikias, Esq. O~ners ' Names: Szawaluk Post Office Address P.O. Box 209, Riverhead, NY 11901 Tel. No. (516)369-6322 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAltING OF NOTICE ~' ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS P 856 579 356 ,a~ Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Christine Zaweski , residing at ~(~,mH Avp_: ~Imtt~rllCk, NY , being duly sworn, deposes and says that on the qth day of March INt h ,19 92 , deponent mailed a true copy of the Notice set forth on the verse side hereof, directed to each of the above-named persons at thc addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold: that said Notice~ were mailed at the United States Post Of- fice at Mattituck (certified) {r~,~eme~$ mail. Sworn to b,;forq me this 1 0th day of march ,19 9z Notary Public ; that said Notices were mailed to each of said persons by Christi~ 'Zaweski (This side does not have to be complet'ed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Helen & Anthony Coutsouros : to the Board of Appeals of the Town of Southold : TO: David L. Mudd Pine Neck Road, $outhold, Ny 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned To p~i~)~ the Board of Appeals of the Town of $outhold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Confirm that the property meets with the requirements of the Zoning Board of ). Appeals in order to obtain a building permit. 2. That the property which is the subject of the Petition is located adjacent to your property and is de~- cribed as follows: V~cant land. 2~0 ~q.ft. ~ l~O ~. Fr - fronting on Tnckers Lmnm Tax Map location 1000-59-10-11 See attached survey 3. That the property which is the subiect of such Petition is located in the roi ow ng zoning'district: g-40 4 '[hat b~ such Petition, the undersigned will request the following relief: Confirmation that we can obtain a building permit. 5. That the provisions of the 5outhok! Town Zoning Code applicable to the relief sought by the under- signed are Article Sectmon · [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there exa;nine the same during regular office hours· (5].6) 76S-1809. 7. That before the relief sought may be granted, a public hearing must be ~eld on the matter by the B6ard of Appea~s; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travelet-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:' March 9th, 1992 ~ Petitioner Demetrios R. Halikias, Esq. 0whets'Names: Szawaluk Post Office Address P.O. Box 209, giverhead, NY 11901 Tel. No. ( 516 ) 369-6322 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 856 579 357 Certified Mail Receipt No insurance Coverage Provided DO not use for International Mail (See Reverse) , Certified Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Christine Zaweski , residing at Sound Ave.: Mat-ri ~llf~ NY , being duly sworn, deposes and says tha~ on the 9th day of March lOth ,19 92. , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold: that said Notices were mailed at the United States Post Of- fice at Mattituck (certified) (r~lt~/~l~'~fl) mail. Sworn to before me this 1 0t't~ day of March ~tg-~Y2 ~ Notary Public ; that said Notices were mailed to each of said persons by Christine Z~we~Z~ (This side does not have to be complet'ed on form transmitted to adjoining property ownerS.)